(A) General. It is unlawful for a person to operate any bed and breakfast establishment, retail food establishment and/or temporary food establishment in the county, without first obtaining a valid permit from the Health Officer.
(1) The valid permit must be posted in a conspicuous location in the bed and breakfast establishment, retail food establishment and/or temporary food establishment.
(2) Only persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 will be entitled to obtain and keep a permit.
(3) A separate permit shall be required for each bed and breakfast establishment, retail food establishment or temporary food establishment operated or to be operated by any person.
(4) A permit issued under this subchapter is not transferable.
(5) A bed and breakfast establishment and retail food establishment permitted by County Department of Health shall be considered registered as required in I.C. 16-42-1-6. (See 410 I.A.C. 7-24-107.)
(6) Temporary permits must be issued one week prior to operation and may be used only during the time specified on the permit.
(B) Permit period. A permit for a bed and breakfast establishment and retail food establishment shall be issued for a term beginning January 1 or one week before commencement of operation and expiring December 31 of the same year and shall be applied for by the person and/or operator annually. A permit for a temporary food establishment shall be for a period of no more than 14 consecutive days in conjunction with a single event or celebration and applied for one week before the event.
(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 location of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Signature of the Health Official and Health Officer.
(D) Application. A person desiring to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment shall submit to the County Department of Health a written application for a permit on a form provided by the County Health Department.
(E) Content of the application. The application shall include:
(1) The name and location of the bed and breakfast establishment, retail food establishment or temporary establishment;
(2) Mailing address for permit renewal letter;
(3) Information on whether the bed and breakfast establishment, retail food establishment or temporary food establishment is operated by an association, corporation, individual, partnership or other legal entity;
(4) Establishment phone and fax number;
(5) Name, title and telephone number of operator;
(6) Name, title and telephone number of person in charge of zone, district and/or region;
(7) Name of certified food handler;
(8) Information specifying whether the bed and breakfast establishment, retail food establishment or temporary food establishment if not permanent, is mobile and/or temporary;
(9) A copy of the entire menu to be served at the bed and breakfast, retail food establishment or temporary food establishment;
(10) The names, titles and addresses of:
(a) The person comprising the legal ownership as specified in division (E)(3) above, including owners and operators; and
(b) The local resident agent if one is required based on the type of legal ownership.
(11) The applicant’s signature stating that the information given is accurate and gives allowance to the County Health Official full access of the bed and breakfast establishment, retail food establishment or temporary food establishment.
(F) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment, retail food establishment or temporary food establishment;
(2) Comply with the requirements of this subchapter;
(3) Agree to allow access to the bed and breakfast establishment, retail food establishment or temporary food establishment and provide required information; and
(4) 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 shall submit to the County Department of Health properly prepared plans and specifications for review before any of the following:
(a) The construction of a retail food establishment;
(b) The conversion of an existing structure for use as a retail food establishment; and
(c) The remodeling of a retail food establishment or a change of type of retail food establishment or food operation if the regulatory authority determines that plans and specifications are necessary to ensure compliance with this rule.
(2) The retail food establishment owner or operator should use the 2000 Food Establishment Plan Review Guide and the Temporary Food Establishment owner or operator should use the 2000 Pre-operational Guide for Temporary Retail Food Establishment Plan Review Guide, both as published by the U.S. Food and Drug Administration and the Conference for Food Protection, as a source for determining recommended equipment specifications and operational standards for retail food establishments or temporary food establishment.
(3) The plans and specifications shall be approved by the County Department of Health prior to construction and the operation of the retail food establishment.
(4) The plans and specifications for a retail food establishment shall include, based on the type of operation, type of food preparation and food prepared, the following information to demonstrate compliance with this rule:
(a) Intended menu;
(b) Anticipated volume of food to be stored, prepared and sold or served;
(c) Proposed layout, mechanical schematics, construction materials and finish schedules;
(d) Proposed equipment types, manufactures, model numbers, locations, dimensions, performance capacities and installation specifications;
(e) Evidence that standard procedures that ensure compliance with this rule are developed or are being developed; and
(f) Other information that may be required by the County Department of Health for the proper review of the proposed construction, conversion or modification, and procedures for operating a retail food establishment.
(H) Certified food handler requirements.
(1) The state legislature has adopted I.C. 16-42-5.2,which provides for mandatory certification of at least one person per food establishment, who oversees food safety operations within the establishment; however, a certified food handler need not be present at the food establishment during all hours of operation.
(2) If a food establishment does not have a certified food handler because the certified food handler terminates employment with the food establishment, the owner or operator of the food establishment shall comply with I.C. 16-42-5.2 not later then three months after termination date of the previous certified food handler.
(3) Certified food handler requirement does not apply to the following institutions:
(a) Hospitals licensed under I.C. 16-21;
(b) Health facilities licensed under I.C. 16-28;
(c) Housing with service establishments that are required to file disclosure statements under I.C. 12-10-15; or
(d) Continuing care retirement communities required to file disclosure statements under I.C. 23-2-4.
(I) Change of ownership. The County Department of Health may renew a permit for an existing bed and breakfast establishment or retail food establishment or may issue a permit to a new owner of an existing bed and breakfast establishment or retail food establishment after a properly completed application is submitted, reviewed and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this subchapter. A food establishment that changes ownership shall comply with I.C. 16-42-5.2 not later than two months after changing ownership.
(J) Responsibilities of the operator. Upon acceptance of the permit issued by the 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 State Department of Health;
(2) Immediately discontinue affected operations and notify the County Department of Health if an imminent health hazard may exist;
(3) Allow representatives of the County Department of Health access to the bed and breakfast establishment, retail food establishment or temporary food establishment at all reasonable times;
(4) Comply with directives of the County Department of Health including time frames for corrective actions specified in inspection reports, notices, orders, warnings and other directives issued by the County Department of Health in regard to the operator’s bed and breakfast establishment, retail food establishment or temporary food establishment or in response to community emergencies;
(5) Accept notices issued and served by the 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 County Health Department; and
(7) Post the permit in a location in the bed and breakfast establishment, retail food establishment or temporary food establishment that is conspicuous to consumers.
(Ord. 2006-4, passed 3-20-2006) Penalty, see § 110.99