(A) General.
(1) It is unlawful for a person to operate any retail food establishment and/or bed and breakfast establishment, in Dearborn County County, without first obtaining a valid permit from the Health Officer. The valid permit must be posted in a conspicuous location in the retail food establishment and/or bed and breakfast establishment.
(2) Only persons who comply with the applicable requirements of 410 IAC 7-15.5 and/or 410 IAC 7-20 will be entitled to obtain and keep a permit.
(3) A separate permit shall be required for each retail food establishment and/or bed and breakfast establishment, operated or to be operated by any person.
(4) A permit issued under this subchapter is not transferable.
(5) A retail food establishment and/or bed and breakfast establishment, permitted by Dearborn County Health Department shall be considered registered as required in I.C. 16-42-1-6.
(B) Permit period. A permit for a retail food establishment and/or bed and breakfast establishment shall be issued for a term of one year beginning from the date of issuance and shall be applied for by the person and/or operator annually.
(C) Permit content. Any permit issued by the Health Officer shall contain
(1) The name and address of the person and/or owner to whom the permit is granted;
(2) The name of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Other such pertinent data as may be required by the Dearborn County Health Officer.
(D) Application. A person desiring to operate a retail food establishment and/or bed and breakfast establishment, shall submit to the Dearborn County Health Department a written application for a permit on a form provided by the Dearborn County Health Department.
(E) Content of the application. The application shall include:
(1) The name, mailing address, telephone number, and original signature of the person and/or operator applying for the permit and the name, mailing address, and location of the retail food establishment and/or bed and breakfast establishment;
(2) Information specifying whether the retail food establishment bed and/or breakfast establishment, is owned by an association, corporation, individual, partnership, or other legal entity;
(3) A statement specifying whether the retail food establishment and/or bed and breakfast establishment:
(a) If not permanent, is mobile and;
(b) The operation includes one or more of the following:
1. Prepares, offers for sale, or serves potentially hazardous food:
a. Only to order upon a consumer's request;
b. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency; or
c. Using time, rather than temperature, as the public health control as specified under 410 IAC 7-20.
d. Prepares acidified foods as defined in 410 IAC 7-21-3.
2. Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps, which may include combining potentially hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;
3. Prepares food as specified under subsection (3)(b)2. of this section for delivery to and consumption at a location off the premises of the retail food establishment and/or bed and breakfast establishment where it is prepared;
4. Prepares food as specified under subsection (3)(b)2. of this section for service to a highly susceptible population, as defined in 410 IAC 7-20;
5. Prepares only food that is not potentially hazardous; or
6. Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous.
(4) The name, title, address, and telephone number of the operator directly responsible for the retail food establishment and/or bed and breakfast establishment;
(5) The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under subsection (4) of this section such as the zone, district, or regional supervisor;
(6) The names, titles, and addresses of:
(a) The persons comprising the legal ownership as specified under subsection (2) of this section including the owners and operators, and
(b) The local resident agent if one is required based on the type of legal ownership;
(7) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms that the applicant will:
1. Comply with this subchapter, and
2. Allow the Dearborn County Health Department access to the retail food establishment and/or bed and breakfast establishment, and records as specified in 410 IAC 7-15.5 and 410 IAC 7-20.
(8) Other information required by the Dearborn County Health Department.
(F) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the retail food establishment, and/or bed and breakfast establishment;
(2) Comply with the requirements of the Food Handler Rule, 410-IAC 7-22; by obtaining a valid food handler certificate.
(3) Comply with the requirements of this subchapter;
(4) Agree to allow access to the retail food establishment and/or bed and breakfast establishment, and provide required information; and
(5) Pay the applicable permit fees at the time the application is submitted.
(G) Plans requirements.
(1) The owner or other authorized agent of an existing or proposed retail food establishment and/or bed and breakfast establishment shall submit to the Dearborn County Health Department properly prepared plans and specifications for review and approval before:
(a) The construction of a retail food establishment and/or bed and breakfast establishment;
(b) The conversion of an existing structure for use as a retail food establishment and/or bed and breakfast establishment; or
(c) The remodeling of a retail food establishment and/or bed and breakfast establishment or a change of menu type of a retail food establishment and/or bed and breakfast establishment.
(2) The plans and specifications for a bed and breakfast establishment and/or retail food establishment shall include, the type of operation, type of food preparation (as specified in Appendix B of the published version of 410 IAC 7-20), and the menu.
(3) The plans and specifications shall be deemed satisfactory and approved by Dearborn County Health Department before a permit can be issued.
(4) A pre-operational inspection shows that the retail food establishment and/or bed and breakfast establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this subchapter, 410 IAC 720 and/or 410 IAC 7-15.5.
(H) Chance of ownership. The Dearborn County Health Department may issue a permit to a new owner of an existing retail food establishment and/or, bed and breakfast establishment after a properly completed application is submitted, reviewed, approved, and a pre-open inspection, shows that the establishment is in compliance with this subchapter and the fees are paid.
(I) Responsibilities of the operator. Upon acceptance of the permit issued by the Dearborn County Health Department, the operator in order to retain the permit shall:
(1) Comply with the provisions of this subchapter and all laws and rules adopted by reference herein and the conditions of any variances granted by the Indiana State Department of Health;
(2) Immediately discontinue affected operations and notify the Dearborn County Health Department if an imminent health hazard may exist;
(3) Allow representatives of the Dearborn County Health Department access to the retail food establishment and/or bed and breakfast establishment at all reasonable times;
(4) Comply with directives of the Dearborn County Health Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Dearborn County Health Department in regard to the operator's retail food establishment and/or bed and breakfast establishment or in response to community emergencies;
(5) Accept notices issued and served by the Dearborn County Health Department;
(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this subchapter or a directive of the Dearborn County Health Department;
(7) Post the permit in a location in the retail food establishment and/or bed and breakfast establishment that is conspicuous to consumers.
(Ord. 2-2004, passed 2-17-04)