For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT. As defined in 410 I.A.C. 7-15.5, an operator- occupied residence that:
(1) Provides sleeping accommodations to the public for a fee;
(2) Has no more than 14 guest rooms;
(3) Provided breakfast to its guests as part of the fee; and
(4) Provides sleeping accommodations for no more than 30 consecutive days to a particular guest.
CONFLICT OF INTEREST. Derived from 68 I.A.C. 9-1-1(b)(2). A situation in which the private financial interest of a county official, county official’s spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the County Official’s judgment in the performance of a public duty. Note: the county officials should follow the code of ethics if a code of ethics was established for the county officials.
COUNTY HEALTH DEPARTMENT. The local Health Department in the county, or authorized representative having jurisdiction over bed and breakfast establishments, retail food establishments and/or temporary food establishments.
COUNTY OFFICIAL. Any official of Daviess County, Indiana.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. As defined in 410 I.A.C. 7-24, a written document that delineates for formal procedures for following the hazard analysis critical control point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.
HEALTH OFFICER. The Health Officer having jurisdiction in the county, or his or her duly authorized representative.
HEARING OFFICERS. An individual or panel of individuals acting in the capacity of a Hearing Officer in proceedings. The HEARING OFFICER is not the Health Officer or any other employee of the County Health Department. (Examples of HEARING OFFICER could be the County Health Board, a subcommittee of the County Health Board, a subcommittee of health professionals from the community or any other non-bias third party appointed by the Health Board.)
IMMINENT HEALTH HAZARD. Any circumstance or situation which, in the opinion of the Health Officer, endangers the health of the general public.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection and provided to the operator.
OPERATOR. The person who has a primary oversight responsibility for operation of the establishment through ownership, or lease or contractual agreement, and who is responsible for the storage, preparation, display, transportation or serving of food to the public.
ORDER. Derived from I.C. 4-21.5-1-9, a County Health Department action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons. The term includes a PERMIT.
PERMIT. The document issued by the County Health Department that authorizes a person to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government or governmental subdivision or agency.
RETAIL FOOD ESTABLISHMENT. As derived from 410 I.A.C. 7-24:
(1) An operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as:
(a) A restaurant;
(b) A satellite or catered feeding location;
(c) A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
(d) A retail meat market, fresh fruit and vegetable market, poultry market, fish market, delicatessen, confectionery, candy kitchen, nut store or retail bakery;
(e) A grocery store;
(f) A convenience store;
(g) A vending location;
(h) A conveyance used to transport people;
(i) A private, public or non-profit organization routinely serving food;
(j) A tavern, bar, cocktail lounge, night club, tea room, coffee shop, café, cafeteria or soda fountain;
(k) An institution;
(l) A food bank; and
(m) That relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carrier.
(2) The term includes the following:
(a) An element of the operation, such as transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and
(b) An operation that is conducted in a mobile, stationary, temporary or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food.
TEMPORARY FOOD ESTABLISHMENT. As defined in 410 I.A.C. 7-24, a retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration with the approval of the organizers of the event or celebration.
(Ord. 2008-1, passed 3-24-2008)