(A) Compliance required. All food establishments, retail food markets, farmers markets, bed and breakfasts, vending operators, and food and beverage vending machines shall comply with at least the minimum sanitary requirements specified by the Indiana State Department of Health as provided in 410 IAC 7-24 and 410 IAC 7-22, and as those regulations may be amended or superseded hereafter.
(B) Sanitation grading system. The sanitation grading system is based on the 2004 Indiana Retail Establishment Sanitation Requirements and 410 IAC 7-24, and as those regulations may be amended from time to time. The sanitation grading system shall be utilized by the Department to conduct its annual inspection, and any re-inspections, of all food establishments. Every food establishment shall begin the annual inspection with 100 points. Points will be deducted by the Department with point values based upon the health risk the violation poses to the public. Priority violations are violations that contribute to the elimination, prevention, or reduction to an acceptable level, hazards associated with food-borne illness or injury and there is no other violation that more directly controls the hazard. Priority violations are five points per violation. Foundation violations are violations that support, facilitate, or enable one or more priority violations. Foundation violations are three points per violation. Core violations are violations that usually relate to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design or general maintenance. Core violations are two points per violation. The sanitation grading system has been posted on the Department's website and is incorporated by reference herein.
(C) Initial annual inspection.
(1) The Department shall provide each food establishment with the following sanitation grades:
(a) Grade A (81 to 100 points);
(b) Grade B (71-80 points); or
(c) Grade C (61-70 points).
(2) Food establishments shall be temporarily closed for receiving a sanitation grade of 60 points or less or for an imminent health hazard. The food establishment may reopen after all priority violations have been corrected and any imminent health hazard has been eliminated.
(3) Each food establishment will be issued a grade based on their annual inspection. Most food establishments should expect to be reinspected shortly after their annual inspection to assure that any violations have been addressed. Re-inspections are prioritized based on the health risks posed by the violations cited during the annual inspection. There is no additional fee to the initial annual inspection and initial reinspection.
(D) Mandatory re-inspections.
(1) Food establishments that receive a sanitation grade of Grade B during the initial annual inspection will receive at least one mandatory re-inspection during the same year to assure ongoing compliance.
(2) Food establishments that receive a sanitation grade of Grade C during the initial annual inspection may have up to three mandatory re-inspections during the same year to assure ongoing compliance.
(3) Food establishments shall be charged 50% of their annual permit fee for each subsequent violation-based inspection. Food establishments shall be charged 100% of their annual permit fee for each full re-inspection (as dictated by grade).
(E) Operator-requested re-inspection. Food establishments may choose to request a full reinspection one time per calendar year for the opportunity to improve their sanitary grade by one level (i.e., from a Grade C to a Grade B). Operator-requested re-inspections shall be submitted to the Department through its permit management system. Food establishments shall be charged at a rate of 150% of their annual permit fee for any operator-requested reinspection.
(F) Challenges to sanitation grade. Operators may challenge specific points in the annual inspection report for reconsideration. Any challenge shall be submitted through the Department’s permit management system within five days of receiving the annual inspection report. Untimely submissions will not be considered by the Department. All challenges must be supported by evidence. The Department will attempt to review any challenge within 30 days of receiving a timely submission. After its review, the Department shall notify the operator of its decision to either:
(1) Uphold the specific point determination made during its annual inspection; or
(2) Modify the specific point determination based upon the Department’s further review of the timely submitted challenge.
(G) Final appeal. If an operator, after timely completing the challenge process provided in division (F), continues to feel aggrieved by the Department’s final decision, the operator may submit an appeal to the Fishers Health Board (the "Board"). Any appeal shall be submitted through the Department’s permit management system within five days of receiving the Department's final decision, as provided in division (F). Untimely submissions will not be considered by the Board. The submission must state the specific reasons for the appeal. An appeal that is timely submitted, and in compliance with § 170.27, shall be placed on the agenda of the Board's next regularly scheduled meeting, or within 30 days, whichever is sooner. At the Board hearing, the operator and Department will have the opportunity to present evidence to the Board, and the Board will have the opportunity to ask any questions in furtherance of the issue. After conducting a hearing, the Board shall either uphold, modify, or rescind the Department’s final decision. The Board’s decision shall be a final and conclusive order on the matter.
(Ord. 061520A, passed 7-20-20; Am. Ord. 101022B, passed 11-14-22)