(A) General.
(1) The Dearborn County Health Department shall inspect a retail food establishment and/or bed and breakfast establishment at least once every three months.
(2) The Dearborn County Health Department may inspect less frequently if:
(a) The retail food establishment and/or bed and breakfast establishment is fully operating under an approved and validated Hazard Analysis Critical Control Point HACCP plan(s);
(b) The retail food establishment and/or bed and breakfast establishment is assigned a less frequent inspection frequency based on a written risk-based inspection/menu type (No cook step/same day service/complex food preparation) schedule that is being uniformly applied throughout the jurisdiction.
(B) Temporary food establishment. The Dearborn County Health Department shall periodically inspect throughout its period of operation a temporary food establishment that prepares, sells, or serves unpackaged potentially hazardous food and may inspect temporary food establishment that prepares, sells or serves unpackaged, nonpotentially hazardous food that:
(1) Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or
(2) Has untrained food employees.
(C) Performance and risk based inspections. Within the parameters specified in the above inspection subsection(s) of this subchapter, the Dearborn County Health Department shall prioritize, and conduct more frequent inspections based upon its assessment of a retail food establishment and/or bed and breakfast establishment's history of compliance with this subchapter and the potential as a vector of foodborne illness by evaluating:
(1) Past performance, for violations of 410 IAC 7-15.5, 410 IAC 7-20 and/or 410 IAC 7-22 and/or HACCP plan requirements that are critical or non-critical;
(2) Past performance, for numerous or repeat violations of 410 IAC 7-15.5 and/or 410 IAC 20 and/or HACCP plan requirements that are noncritical;
(3) Past performance, for complaints investigated and found to be valid;
(4) The hazards associated with the particular foods that are prepared, stored, or served;
(5) The type of operation including the methods and extent of food storage, preparation, and service;
(6) The number of people served; and
(7) Whether the population served is a highly susceptible population.
(D) Access allowed at reasonable times after due notice. After the Dearborn County Health Department presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the operator shall allow the Dearborn County Health Department to determine if the bed and breakfast establishment, retail food establishment, is in compliance with this subchapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this subchapter. The Dearborn County Health Department is entitled the information and records according to I.C. 16-42-1-13 and I.C. 16-42-5-23, during the retail food establishment and/or bed and breakfast establishment's hours of operation and other reasonable times. Access is a condition of the acceptance and retention of a food establishment permit to operate. If access is denied, an order issued by the appropriate authority allowing access may be obtained according to law.
(I.C. 16-20-1-26)
(E) Inspection reports.
(1) At the conclusion of the inspection, the Dearborn County Health Department shall provide a copy of the completed inspection report and the notice to correct violations to the operator or to the person-in-charge, as required under I.C. 16-20-8-5.
(2) Timely correction of critical violations: Except as specified in the subsection (3) below, an operator shall at the time of inspection correct a critical violation of 4101AC 7-15.5, 410 IAC 7-20 and/or 410 IAC 7-22 and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
(3) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Dearborn County Health Department may agree to or specify a longer time frame after the inspection, for the operator to correct critical code violations or HACCP plan deviations.
(4) After receiving notification that the operator has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the Dearborn County Health Department shall verify correction of the violation, document the information on an Inspection Report, and enter the report in the Dearborn County Health Department's records.
(F) Refusal to sign acknowledgement.
(1) Refusal to sign an acknowledgment of receipt will not affect the operator's obligation to correct the violations noted in the inspection report within the time frames specified.
(2) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the Dearborn County Health Department historical record for the bed and breakfast establishment, retail food establishment.
(3) The operator is not necessarily in agreement with the findings of the Dearborn County Health Department inspection by acknowledgement of receipt.
(G) Public information. Except as specified in section 176 (Trade Secrets) of 410 IAC 7-20, the Dearborn County Health Department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.
(I.C. 16-20-8-6) (Ord. 2-2004, passed 2-17-04)