(A) General.
(1) The County Department of Health shall inspect a bed and breakfast and retail food establishment at least once every six months.
(2) The County Department of Health may increase the interval between inspections beyond six months if:
(a) The bed and breakfast or retail food establishment is fully operating under an approved and validated Hazard Analysis Critical Control Point (HACCP) plan(s);
(b) The bed and breakfast or retail food establishment is assigned a less frequent inspection frequency based on a written risk based inspection schedule that is being uniformly applied throughout the jurisdiction; or
(c) The County Department of Health may contact the operator to determine that the nature of the food operation has not changed.
(B) Temporary Food Establishment. The County Department of Health shall periodically inspect throughout its permit period 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, nonpotentailly hazardous food that:
(1) Has improvised rather than permanent facilities or equipment for accomplishing functions such as hand washing, 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 divisions (A) and (B) above, the County Department of Health shall prioritize and conduct more frequent inspections based upon its assessment of a bed and breakfast or retail food establishment’s history of compliance with this subchapter and the bed and breakfast or retail food establishment’s potential as a vector of food borne illness by evaluating:
(1) Past performance, for violations of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-22 and/or HACCP plan requirements that are critical or non-critical;
(2) Past performance, for numerous or repeat violations of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 and/or HACCP plan requirements that are non-critical;
(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 services;
(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.
(1) After the County Department of Health presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the operator shall allow the County Department of Health to determine if the bed and breakfast, retail food establishment or temporary 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.
(2) The County Department of Health is entitled the information and records according to I.C. 16-42-5-23, during the bed and breakfast or retail food establishment’s hours of operation and other reasonable times.
(3) Access is a condition of the acceptance and retention of a food establishment permit to operate. If access is denied, a fine may be assessed and an order will be issued by the appropriate authority allowing access obtained according to law.
(I.C. 16-20-1-26).
(E) Inspection reports. At the conclusion of the inspection, the County Department of Health 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.
(F) Timely correction of critical violations.
(1) Except as specified in division (F)(2) below, an operator shall at the time of inspection correct a critical violation of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-22 and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
(2) Considering the nature of the potential health hazard involved and the complexity of the corrective action needed, the County Department of Health may agree to or specify a longer time frame after the inspection, for the operator to correct critical code violations or HACCP plan deviations.
(3) 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 County Department of Health shall verify correction of the violation, document the information on an inspection report, and enter the report in the County Department of Health records.
(G) Refusal to sign acknowledgment. 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.
(1) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the County Department of Health historical record for the bed and breakfast, retail food establishment and temporary food establishment.
(2) The operator is not necessarily in agreement with the findings of the County Department of Health inspection by acknowledgment of the receipt.
(H) Public information.
(1) Except as specified in § 194 (Trade Secrets) of 410 I.A.C. 7-24, the County Department of Health shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided by law at the end of the correction period specified on the inspection report.
(2) A bed and breakfast or retail food establishment that is the subject of inspection reports must have an opportunity to review the reports and submit to the County Department of Health an operator’s response to the inspection. The written response will be attached to and becomes a part of the inspection reports.
(Ord. 2006-4, passed 3-20-2006)