For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
410 I.A.C. 7-24. The State Department of Health Retail Food Establishment Sanitation Requirements, which is the state regulation governing retail food establishments.
ADULTERATED. The meaning set forth in I.C. 16-42-1 through 16-42-5.
BED AND BREAKFAST ESTABLISHMENT. An operator-occupied residence that:
(1) Provides sleeping accommodations to the public for a fee;
(2) Has no more than 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.
(410 I.A.C. 7-15.5)
CERTIFIED FOOD HANDLER. A food handler who holds a certificate recognized by the Conference of Food Protection, or an equivalent nationally recognized certification program, as determined by the Department.
CLOSED. Fitted together snugly, leaving no openings large enough to permit the entrance of vermin.
COMMISSARY. A permitted facility used to receive, store, and prepare food items to be sold at another location.
CONFLICT OF INTEREST. A situation in which the private financial interest of a county official, a county official’s spouse, ex-spouse, siblings, in-laws, children, and/or unemancipated child, may influence the county official’s judgement in the performance of a public duty.
(68 I.A.C. 9-5-1(3))
CORROSION-RESISTANT MATERIALS. Materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of use.
CRITICAL ITEM. A violation of the 410 I.A.C. 7-24 Retail Food Establishment Sanitation Requirements that, if in non-compliance, is more likely than other violations to contribute to food contamination, illness, or environmental degradation. CRITICAL ITEMS will be denoted as such on the inspection form.
EASILY CLEANABLE. Surfaces are readily accessible, and made of such materials and finish, and so fabricated that residue may be effectively removed by normal cleaning methods.
EMPLOYEE. The permit holder, an individual having supervisory or management duties, person on the payroll, family member, volunteer person performing work under contractual agreement, or any other person working in a retail food establishment.
EQUIPMENT. Items other than utensils used in the storage, preparation, display, and transportation of food such as stoves, ovens, hoods, slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-in refrigerators and freezers, sinks, ice makers, and similar items used in the operation of a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or temporary retail food establishment. This item does not include fork lift trucks or dollies.
FOOD. Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used, or intended for use, or for sale in whole, or in part, for human consumption.
FOOD-CONTACT SURFACE. Surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food, or other contaminants, may drain, drip, or splash back onto surfaces normally in contact with food.
FOODBORNE DISEASE OUTBREAK. An incident in which:
(1) Two or more persons experience a similar illness after ingestion of a common food;
(2) Epidemiological analysis implicates the food as the source of the illness; or
(3) A single case of illness from botulism or chemical poisoning.
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.
HAZARD. A biological, chemical, or physical property that may cause an unacceptable consumer health risk.
HEALTH DEPARTMENT. The County Health Department, which is the full time County Health Department and includes the County Board of Health, the County Health Officer, and authorized representatives of the Health Officer.
HEALTH OFFICER. The County Health Officer, or his or her duly-authorized representative.
HEARING OFFICER. An individual, or panel of individuals, acting in the capacity of a HEARING OFFICER in proceedings. The HEARING OFFICER is not the Health Officer, or any other employee of the County Health Department. The HEARING OFFICER shall be the County Board of Health, or a subcommittee of the County Board of Health.
HERMETICALLY SEALED CONTAINER. A container designed, and intended, to be secure against the entry of microorganisms, and to maintain the commercial sterility of its contents after processing.
IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence to show that a product, practice, circumstance, or event creates a situation that requires immediate correction, or cessation, of operation to prevent illness based on:
(1) The number of potentially ill persons; and
(2) The nature, severity, and duration of the anticipated illness.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection, and provided to the operator.
KITCHENWARE. All multi-use utensils other than tableware.
LAW. All applicable state and local statutes, ordinances, rules, and regulations.
mg/l. Milligrams per liter, which is the metric equivalent of parts per million (ppm).
MISBRANDED. The meaning set forth in I.C. 15-42-1 through 15-42-4 and 410 I.A.C. 7-5.
MOBILE RETAIL FOOD ESTABLISHMENT. Any retail food establishment without a fixed location which is capable of being readily moved intact, from location to location, that is wheeled, on skids, mounted on a vehicle, a marine vessel, pushcart, or trailer.
NEW RETAIL FOOD ESTABLISHMENT. An establishment which has not been previously issued a permit; a permitted retail food establishment which has ceased operation for six or more consecutive months; or has changed ownership.
NON-POTENTIALLY HAZARDOUS FOODS. Foods with a water activity (Aw) value of 0.85 or less, foods with a hydrogen ion concentration (pH) level of 4.6 or below when measured at 75°F, or foods for which laboratory evidence exists that demonstrates that rapid, or progressive, growth of infectious and toxigenic microorganisms, or slower growth of clostridium botulinum, cannot occur. Some examples include candies, cookies, commercial pastries, fresh uncut fruits and vegetables, and commercially prepared unopened, hermetically sealed containers which do not require refrigeration.
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 County Health Department action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. The term includes a PERMIT.
PACKAGED. Bottled, canned, carton, bagged, or securely wrapped.
PERMIT. The document issued by the County Health Department that authorizes a person to operate a bed and breakfast establishment, retail food establishment, mobile retail food establishment, commissary, and/or temporary food establishment.
PERSON. Any individual, partnership, corporation, association, or other legal entity.
PERSON IN CHARGE. The individual present in a bed and breakfast establishment, retail food establishment, mobile retail food establishment, and/or temporary retail food establishment who is the supervisor of the establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the PERSON IN CHARGE.
POTENTIALLY HAZARDOUS FOOD. Any food that is natural or synthetic, and is in a form capable of supporting:
(1) The rapid and progressive growth of infectious or toxigenic microorganisms; or
(2) The growth and toxin production of clostridium botulinum.
POTENTIALLY HAZARDOUS FOOD includes foods that are of animal origin that are raw or heat treated; foods of plant origin that are heat treated, or consist of raw seed sprouts; cut melons; and garlic and oil mixtures. The term includes foods with a water activity (Aw) value above 0.85, and foods with a pH level above 4.6 when measured at 75°F.
RECONSTITUTED. Dehydrated food products recombined with water or other liquids.
REGULATORY AUTHORITY. The state and/or local enforcement authority having jurisdiction over the bed and breakfast establishment, retail food establishment, mobile retail food establishment, and/or temporary retail food establishment.
RESTRICTED USE PESTICIDE. A pesticide product that contains the active ingredients specified in the 40 C.F.R. § 152.175 that are classified for restricted use, and that are limited to use by, or under direct supervision of, a certified applicator.
RETAIL FOOD ESTABLISHMENT.
(1) An operation as follows that:
(a) Stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as the following:
1. A restaurant;
2. A satellite or catered feeding location;
3. A catering operation if the operation provides food directly to a consumer, or to a conveyance used to transport people;
4. A market;
5. A grocery store;
6. A convenience store;
7. A vending location;
8. A conveyance used to transport people;
9. An institution;
10. A food bank;
11. A commissary;
12. A cottage industry;
13. A hospice facility as defined in I.C. 16-25-1.1;
14. A health care facility as defined in I.C. 16-21-2; and
15. A child care facility as defined in I.C. 12-13-5, such as the following:
a. Permitted child care centers permitted under 470 I.A.C. 3-4.7;
b. Permitted child care institutions permitted under 465 I.A.C. 2-9, 465 I.A.C. 2-10, and 465 I.A.C. 2-11; and
c. Registered child care ministries registered under 470 I.A.C. 3-4.5.
(b) Relinquishes possession of food to a consumer directly, or indirectly through delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(2) 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;
(b) An operation that is conducted in a facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food, that is:
1. Mobile;
2. Stationary;
3. Temporary; or
4. Permanent.
(3) The term does not include the following:
(a) An establishment that offers only pre-packaged foods that are not potentially hazardous;
(b) A produce stand that offers only whole, uncut fresh fruits and vegetables;
(c) A food processing plant operated under I.C. 16-42-5;
(d) A private home where food is prepared by a member of an organization that is operating under I.C. 16-18-2-137(b);
(e) An area where food that is prepared, as specified in division (4)(d) above, is sold or offered for human consumption;
(f) A bed and breakfast establishment, as defined and regulated under I.C. 16-41-31-1 and 410 I.A.C. 7-15.5;
(g) A private home that receives catered or home delivered food; and
(h) A private home.
SAFE MATERIALS.
(1) Articles manufactured from, or composed of, materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component, or otherwise affecting, the characteristics of any food;
(2) A food additive or color additive, as defined in § 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, and which are used as specified in §§ 409 or 706 of the Act;
(3) Other materials which are not food additives or color additives, as defined in § 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, and which are used in conformity with applicable regulations of the Food and Drug Administration;
(4) Articles used in conformity with the requirements of the State Food, Drug, and Cosmetic Act (I.C. 16-42-2-1 and I.C. 16-42-2-4). Other materials are safe only if they are used in conformity with all applicable laws and rules of the State Board of Health; and
(5) Applied to potentially hazardous foods means food temperatures of 41°F or below, or 135°F or above.
SANITIZE. Effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals on a clean surface that, when evaluated for efficacy, yields a reduction of five logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance.
SEASONAL RETAIL FOOD ESTABLISHMENT. A retail food establishment, or mobile retail food establishment, that operates not more than eight months in a calendar year.
SEWAGE. The water-carried waste derived from ordinary living processes, including, but not limited to, human excreta and wastewater derived from water closets, urinals, laundries, sinks, utensil-washing machines, bathing facilities, or similar facilities or appliances.
SINGLE-SERVICE ARTICLES. Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then discarded. The term does not include SINGLE-USE ARTICLES such as number ten cans, aluminum pie pans, bread wrappers, and similar articles into which food has been packaged by the manufacturer.
TABLEWARE. Multi-use eating and drinking utensils, including flatware (knives, forks, and spoons).
TEMPORARY RETAIL FOOD ESTABLISHMENT. A retail food establishment, or mobile retail food establishment, that operates at a fixed location for a period of time not more than 14 consecutive days in conjunction with a single event or celebration, such as a fair, carnival, circus, public exhibition, or similar transitory gathering.
UTENSIL. Any food-contact implement used in the storage, preparation, transportation, or dispensing of food.
WHOLESOME. In sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
(Ord. 2019-09, passed 11-4-2019)