For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Undefined terms shall have the meaning prescribed to them by 410 IAC 7-15.5, 410 IAC 7-22, 410 IAC 7-23, or 410 IAC 7-24. In addition to or to otherwise supplement or to conveniently provide definitions for interpretation, this chapter shall include the following definitions.
BOARD. The City of Fishers Board of Health.
CERTIFIED FOOD HANDLER. A food handler who holds a certificate recognized by the Conference for Food Protection or an equivalent nationally recognized certification program as further defined by 410 IAC 7-22.
CRITICAL VIOLATIONS. Those violations designated as being critical in 410 IAC 7-24, and as amended hereafter.
COMMUNICABLE DISEASE. Those diseases which epidemiological evidence indicates can be transmitted through food preparation or service.
DEPARTMENT. The City of Fishers Health Department, and its employees.
FOOD ESTABLISHMENT. Any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food, as further defined by IC 16-18-2-137. This definition also includes a RETAIL FOOD ESTABLISHMENT; however, it does not include a bed and breakfast establishment.
FOOD PROCESSING ESTABLISHMENT. Any commercial establishment in which food is processed or otherwise prepared, packaged or manufactured for human consumption.
HEALTH OFFICER. The Health Officer of the Health Department and his/her authorized representatives.
MICRO MARKET. An unstaffed self-checkout retail food establishment not accessible by the general public; with displays that do not exceed 75 linear feet which contain an automated payment kiosk, located within a business and only accessed by customers of business, employees, or escorted guests known to business.
MICRO MARKET DISPLAY. An open rack; refrigerator; freezer; vending machine; or beverage dispenser for use of food display.
MOBILE FOOD SERVICE ESTABLISHMENT. Any food establishment without a fixed location capable of being readily moved intact from location to location where food, intended for human consumption outside the facility is stored, sold or offered in open form, fresh or frozen.
NEW PERMITTEE. Any person, other than an immediate family member, who acquires, through an asset purchase agreement, stock purchase agreement, merger, consolidation, gift or other similar method, more than 50% of the control of a prior permittee's business.
NON-CRITICAL VIOLATIONS. Violations designated as being non-critical in 410 IAC 7-24, as amended.
OPERATOR. One that operates a business or operates as a business.
PERMIT. A certificate or a permit number of a size and style previously approved by the Health Officer.
PERMITTEE. The person who is the owner of or responsible for the operation of a food establishment, including a food establishment's authorized representative, and who shall be responsible for the acceptance of all notices at the address listed on the application for any permit issued hereunder.
PERSON. Includes, but not limited to, an individual, corporation, firm, partnership, proprietorship, association, business organization, municipality or any other group acting as a unit, as well as an individual, trust or estate, or the agent or legal representative thereof.
PERSON IN CHARGE (PIC). Te individual present at a retail food establishment who is responsible for the operation at the time of inspection as further defined by 410 IAC 7-24-60, as amended.
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, satellite or catered feeding location;
(b) A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
(c) A market;
(d) A grocery store;
(e) A convenience store;
(f) A vending location;
(g) An institution;
(h) A food bank;
(i) A commissary;
(j) A cottage industry;
(k) A hospice facility;
(l) A health care facility;
(m) A health facility;
(n) A child care facility;
(o) 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 services that is provided by common carriers, all as more particularly defined by 410 IAC 7-24-79, as amended.
RETAIL FOOD MARKET ESTABLISHMENT. Any food establishment, including, but not limited to, a grocery, meat market, poultry market, fish market, egg market, delicatessen, confectionery, candy kitchen, nut store, retail bakery store, or any food establishment, whether fixed or movable, where food, intended for human consumption off the premises, is manufactured, produced, stored, prepared, handled, transported, sold or offered with or without charge, all as more particularly defined by 410 IAC 7-24, as amended. Provided, however, that the provisions of this chapter shall not include meat or poultry slaughterhouses.
SAFE HOLDING TEMPERATURE. As indicated in 410 IAC 7-24, as it may be hereafter amended, and as applied to potentially hazardous foods shall mean food temperatures at 41° Fahrenheit or below, and 135° Fahrenheit or above, and frozen foods at 0° Fahrenheit or below; provided, however, a tolerance of 5° Fahrenheit shall be permitted on frozen foods only.
SANITATION GRADE. The grade given to a food establishment by the Department during its annual inspection based upon the sanitation grading system.
SANITATION GRADING SYSTEM. The grading system in which the Department conducts its annual inspection (and any reinspection) of food establishments based on 410 IAC 7-24, as amended. The sanitation grading system has been posted on the Department’s website and is incorporated by reference herein.
TEMPORARY FOOD SERVICE ESTABLISHMENT. Any food establishment in any enclosure, stall or other facility, whether fixed or mobile, operating at one site or location for a period of time not in excess of 14 consecutive days, in conjunction with a single event or celebration, where food in open form intended for human consumption on or off the premises is offered with or without charge.
UTENSIL. Any implement used in the storage, preparation, service, consumption, display, transportation, or cleaning of food or drink products.
VENDING MACHINE. The same as the term is defined in 410 IAC 7-24-102, as amended; and a self-service device that, upon activation, through insertion of coin, paper currency, token card, key, or by manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
(Ord. 061520A, passed 7-20-20; Am. Ord. 101022B, passed 11-14-22)