BED AND BREAKFAST ESTABLISHMENT. (As defined in 410 IAC 5-15.5) An operator occupied residence that:
(1) Provides sleeping accommodations to the public for a fee;
(2) Has no more than 14 guest rooms;
(3) Provides 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.
CERTIFIED FOOD HANDLER. A food handler who holds a certificate recognized by the Conference for Food Protection or an equivalent nationally recognized certification program as determined by the department.
CONFLICT OF INTEREST. (Derived from 68 IAC 9-1-1(b)(2)) A situation in which the private financial interest of Dearborn County Official, Dearborn County Official's spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the Dearborn County Official's judgment in the performance of a public duty. Dearborn County Officials shall follow the Dearborn County code of ethics.
DEARBORN COUNTY HEALTH DEPARTMENT. The local health department in Dearborn County or authorized representative having jurisdiction over a retail food establishment and/or bed and breakfast establishment.
DEARBORN COUNTY OFFICIAL. Any Official of Dearborn County County, Indiana.
FOOD HANDLER. (As defined in Title 410 IAC 7-22) An individual who is an owner, an operator, a manager, or an employee of a food establishment; and is responsible for or oversees the storage, preparation, display, or serving of food to the public.
HAZARD. A biological (bacteria and their toxins/parasites/viruses), chemical (natural plant and animal toxins/allergens (allergen-causing protein)/nonfood-grade lubricants/cleaning compounds/food additives/insecticides), or physical objects (bandages/jewelry/stones/glass/bone and metal fragments/packaging materials that may cause an unacceptable consumer health risk.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. (As defined in 410 IAC 7-20) A written document that delineates the 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 Dearborn County County/City or his or her duly authorized representative.
HEARING OFFICER. The Dearborn County Board of Health acting in the capacity of a Hearing Officer in proceedings. The Hearing Officer is not the Health Officer or any other employee of the Dearborn County Health Department. Examples of Hearing Officer could be the Dearborn County Health Board, a subcommittee of Dearborn County Health Board, a subcommittee of health professionals from the community or other non-bias third party appointed by the Health Board.
HIGHLY SUSCEPTIBLE POPULATION. (As defined in 4101AC 7-20) A group of persons who are more likely than other populations to experience foodborne disease because they are:
(1) Immunocompromised or adults who are 65 years of age or older and in a hospital; or
(2) Preschool age children in a facility that provides custodial care, such as a childcare center.
IMMINENT HEALTH HAZARD. Any circumstance or situation, which in the opinion of the Health Officer presents a serious health risk to the public.
INSPECTION REPORT. The document prepared by the Dearborn 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 Dearborn 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 Dearborn County Health Department that authorizes a person to operate a retail food establishment and/or bed and breakfast establishment.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government, or governmental subdivision or agency.
POTENTIALLY HAZARDOUS FOOD. (As defined from 410 IAC 7-20)
(1) A food that is natural or synthetic and requires temperature control because it is in a form capable of supporting the following:
(a) The rapid and progressive growth of infectious or toxigenic micro-organisms;
(b) The growth and toxin production of clostridium botulinum; or
(c) In raw shell eggs, the growth of salmonella enteritidis.
(2) The term includes:
(a) A food of animal orgin that is raw or heat-treated;
(b) A food of plant origin that is heat-treated or consists of raw seed sprouts;
(c) Cut melons; and
(d) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under subsection (1).
(3) The term does not include any of the following:
(a) An air-cooled hard-boiled egg with shell intact.
(b) A food with a aw value of eighty-five hundredths (0.85) or less.
(c) A food with pH level of four and six-tenths (4.6) or below when measured at 75 degrees Fahrenheit.
(d) A food, in an unopened hermetically sealed container, which is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage distribution.
(e) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic micro-organisms or the growth of Salmonella enteritidis in eggs or clostridium botulinum cannot occur, such as a food that:
1. Has a aw and a pH that are above the levels specified under subsections (b) and (c); and
2. May contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms.
(f) A food that may contain an infectious of toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of microorganisms as specified under subsection (1).
RETAIL FOOD ESTABLISHMENT. (As derived from 410 IAC 7-20)
(1) An operation that: stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as:
(a) A restaurant;
(b) 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 market;
(e) A grocery store;
(f) A convenience store;
(g) A vending location;
(h) A conveyance used to transport people;
(i) An institution; or
(j) A food bank; and
(k) 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 carriers.
(2) The term includes the following:
(a) An element of the operation, such as a 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.
(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 IAC 7-20) A RETAIL FOOD ESTABLISHMENT that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ord. 2-2004, passed 2-17-04)