(A) The following sections of 410 I.A.C. 7-24, when in noncompliance, are critical items. Analysis from the Health Official during inspection may include the issuance of a fine. Under Rule 23 of Indiana Administrative Code, the following sections may receive an immediate civil penalty of $20 to $500:
(1) Sec. 142. Food prepared in a private home may not be used or offered for human consumption in a retail food establishment;
(2) Sec. 165. If game animals are received for sale or service, they shall be slaughtered and processed under a state or federal inspection program; and
(3) Sec. 436. Live animals may not be allowed in the operational area allowing the contamination of food, clean equipment, utensils, linens and unwrapped single-service and single-use articles. Animals may not be cared for on the premises.
(B) After a second repeat offense, the County Department of Health may issue a fine between $50 and $250 for the following sections:
(1) Sec. 173. Separate raw animal foods during storage, preparation, holding and display from raw or cooked ready to eat food;
(2) Sec. 187. If time is not used as a public health control; hot holding foods must be held at 135°F or higher; cold holding foods must be held at 41°F or lower;
(3) Sec. 189. Cooked potentially hazardous food shall be cooled from 135°F to 70°F within two hours, then from 70°F to 41°F within four hours;
(4) Sec. 193. If time is used as a public health control, the potentially hazardous food shall be clearly marked indicating the time the food shall be discarded;
(5) Sec. 336. A plumbing system shall be installed to preclude backsiphonage of a solid, liquid or gas contamination into the water supply;
(6) Sec. 415. The presence of insects, rodents and other pests shall be controlled to minimize their presence on the premises; and
(7) Sec. 450. A toxic tracking powder pesticide may not be used in a retail food establishment.
(Ord. 2006-5, passed 3-20-2006)