For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT. An operator-occupied residence that:
(1) Provides sleeping accommodations to the public for a fee;
(2) Has no more that 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 person who has gained certification from a state recognized training program that oversees food safety operations within the retail food establishment.
CONFLICT OF INTEREST. A situation in which the private financial interest of Health Official, Health Official’s spouse, ex-spouse, siblings, in-laws, children and/or emancipated child, may influence the Health Official’s judgment in the performance of a public duty.
COUNTY DEPARTMENT OF HEALTH. The local Department of Health in Decatur County or authorized representative having jurisdiction over a bed and breakfast establishment, retail food establishment and temporary food establishment.
CRITICAL ITEM. A provision of this rule that, if in noncompliance, is more likely than other violations to significantly contribute to food contamination, illness or environmental health hazard.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. 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 person having jurisdiction in Decatur County or his or her duly authorized representative.
HEALTH OFFICIAL. Any employee of the County Department of Health or authorized representative classified as having authorization to inspect a bed and breakfast establishment, retail food establishment and temporary food establishment.
IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the:
(1) Number of potential injuries or illnesses; and
(2) Nature, severity and duration of the anticipated injury or illness.
INSPECTION REPORT. The document prepared by the County Department of Health that is completed as the result of the inspection of the Health Official 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. A Decatur County Department of Health action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific person. The terms include a permit.
PERMIT. The document issued by the Decatur County Department of Health that authorizes a person to operate a bed and breakfast establishment, retail food establishment or temporary food establishment.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government or governmental subdivision or agency.
POTENTIALLY HAZARDOUS FOOD.
(1) A food that is natural or synthetic and requires temperature control because it is in a form capable of supporting any of the following:
(a) The rapid and progressive growth of infectious or toxigenic microorganisms;
(b) The growth and toxin production of Clostridium botulinum; or
(c) In raw shell eggs, the growth of Salmonella enteritidis.
(2) The term includes the following:
(a) A food of animal origin 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 above.
PREMISES. The physical facility, its contents, and the contiguous property. Included is the land or property if the retail food establishment is only one component of a larger entity such as, health care facility, hotel, motel, school, recreational camp or prison.
RETAIL FOOD ESTABLISHMENT. An operation that:
(1) Stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as the following:
(a) A restaurant;
(b) A satellite or catered 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;
(j) A food bank;
(k) A commissary;
(l) A cottage industry;
(m) A hospice facility;
(n) A health care facility;
(o) A health facility;
(p) A child care facility, such as the following:
1. Licensed child care center licensed under 470 I.A.C. 3-4.7;
2. Licensed child care institutions licensed under 465 I.A.C. 2-9, 465 I.A.C. 2-10, and 465 I.A.C. 2-11; and/or
3. Registered child care ministries registered under 470 I.A.C. 3-4.5.
(q) An assisted living facility.
(2) 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.
(3) 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; 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. 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.
(410 I.A.C. 7-24-98)
(Ord. 2006-4, passed 3-20-2006)