(A) The purpose of this chapter is to safeguard public health and assure that food provided to consumers is safe, unadulterated and honestly presented. It establishes definitions; sets standards for management and personnel; food operations and equipment and facilities; and provides for retail food establishment and/or bed and breakfast establishment plan reviews, permits, inspections and employee restrictions.
(B) This chapter defines bed and breakfast establishment, conflict of interest, County Health Department, county official, hazard analysis critical control point, Health Officer, Hearing Officer, imminent health hazard, inspection report, operator, order, permit, person, retail food establishment; and temporary food establishment; requires construction and/or alteration plans; requires a permit and payment of permit fees for the operation of bed and breakfast establishment, retail food establishment and/or temporary food establishment; prohibits sale of adulterated, unwholesome or misbranded food; regulates inspection of the establishments; provides for compliance and the enforcement of this chapter; provides penalties for violations of the ordinance; and incorporates by reference I.C. 16-42-1, I.C. 16-42-2, I.C. 16-42-5, State Department of Health Rule(s) 410 I.A.C. 7-15.5, 410 I.A.C. 7-24, 410 I.A.C. 7-21-47, 410 I.A.C. 7-22 and 410 I.A.C. 7-23.
(C) The County Health Department is hereby authorized to issue bed and breakfast establishment, retail food establishment and/or, temporary food establishment permits, collect permit fees and penalties, perform inspections, hold hearings, order or otherwise compel correction of violations of this chapter, and is otherwise authorized to perform all actions necessary for the administration and enforcement of this chapter.
(Ord. 2005-1, passed 8-2-2005)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT. As defined in 410 I.A.C. 7-15.5, 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.
CONFLICT OF INTEREST. Derived from 68 I.A.C. 9-1-1(b)(2), a situation in which the private financial interest of the county official, county official’s spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the county official’s judgment in the performance of a public duty.
COUNTY HEALTH DEPARTMENT. The local health department in the county or authorized representative having jurisdiction over a bed and breakfast establishment, retail food establishment and/or temporary food establishment.
COUNTY OFFICIAL. Any official of Greene County, Indiana.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. As defined in 410 I.A.C. 7-24, 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.
HEALTH OFFICER. The Health Officer having jurisdiction in the county 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 Health Board or a subcommittee of the County Health Board.
IMMINENT HEALTH HAZARD. Any circumstance or situation, which in the opinion of the Health Officer, presents a serious health risk to the public.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection and provided to the operator.
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. Derived from I.C. 4-21.5-1-9, 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.
PERMIT. The document issued by the County Health Department that authorizes a person to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government or governmental subdivision or agency.
RETAIL FOOD ESTABLISHMENT. As derived from 410 I.A.C. 7-24:
(1) An operation that:
(a) Stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as:
1. A restaurant;
2. 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; and
10. A food bank.
(b) 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 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; and
(b) An operation that is conducted in a mobile, stationary, temporary or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food.
TEMPORARY FOOD ESTABLISHMENT. As defined in 410 I.A.C. 7-24, a retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ord. 2005-1, passed 8-2-2005)
(A) General.
(1) It is unlawful for a person to operate any bed and breakfast establishment, retail food establishment and/or temporary food establishment in the county, without first obtaining a valid permit from the Health Officer. The valid permit must be posted in a conspicuous location in the bed and breakfast establishment, retail food establishment and/or temporary food establishment.
(2) Only persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 will be entitled to obtain and keep a permit.
(3) A separate permit shall be required for each bed and breakfast establishment, retail food establishment and/or temporary food establishment operated or to be operated by any person.
(4) A permit issued under this chapter is not transferable.
(5) A bed and breakfast establishment and/or retail food establishment permitted by the County Health Department shall be considered registered as required in I.C. 16-42-1-6.
(B) Permit period.
(1) A permit for a bed and breakfast establishment and/or retail food establishment shall be issued for a term beginning January 1, and/or before commencement of operation, and expiring December 31, of the same year and shall be applied for by the person and/or operator annually.
(2) A permit for a temporary food establishment shall be for the term of one continuous operation.
(C) Permit content. Any permit issued by the Health Officer shall contain:
(1) The name and address of the person and/or owner to whom the permit is granted;
(2) The location of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Other pertinent data as may be required by the County Health Officer.
(D) Application. A person desiring to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment shall submit to the County Health Department a written application for a permit on a form provided by the County Health Department.
(E) Content of the application. The application shall include:
(1) The name, mailing address, telephone number and original signature of the person and/or operator applying for the permit and the name, mailing address and location of the bed and breakfast establishment, retail food establishment and/or temporary food establishment;
(2) Information specifying whether the bed and breakfast establishment, retail food establishment and/or temporary food establishment is owned by an association, corporation, individual, partnership or other legal entity;
(3) A statement specifying whether the bed and breakfast establishment, retail food establishment and/or temporary food establishment:
(a) If not permanent, is mobile and/or temporary; and
(b) Includes one or more of the following:
1. Prepares, offers for sale or serves potentially hazardous food: as defined in 410 I.A.C. 7-24:
a. Only to order upon a consumer’s request;
b. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency; or
c. Using time, rather than temperature, as the public health control as specified under 410 I.A.C. 7-24.
d. Prepares acidified foods as defined in 410 I.A.C. 7-21-3.
2. Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps which may include combining potentially hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;
3. Prepares food as specified under division (E)(3)(b)2. above for delivery to and consumption at a location off the premises of the bed and breakfast establishment and/or retail food establishment where it is prepared;
4. Prepares food as specified under division (E)(3)(b)2. above for service to a highly susceptible population, as defined in 410 I.A.C. 7-24;
5. Prepares only food that is not potentially hazardous; or
6. Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous.
(4) The name, title, address and telephone number of the operator directly responsible for the bed and breakfast establishment, retail food establishment and/or temporary food establishment;
(5) The name, title, address and telephone number of the person who functions as the immediate supervisor of the person specified under division (E)(4) above such as the zone, district or regional supervisor;
(6) The names, titles and addresses of:
(a) The persons comprising the legal ownership as specified under division (E)(6)(b) below including the owners and operators; and
(b) The local resident agent if one is required based on the type of legal ownership.
(7) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms that the applicant will:
1. Comply with this chapter; and
2. Allow the County Health Department access to the bed and breakfast establishment, retail food establishment and/or temporary food establishment and records as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24.
(8) Other information required by the County Health Department; and
(9) To qualify for a permit, an applicant must:
(a) Be an owner and/or operator of the bed and breakfast establishment, retail food establishment and/or temporary food establishment;
(b) Comply with the requirements of this chapter;
(c) Agree to allow access to the bed and breakfast establishment, retail food establishment and/or temporary food establishment and provide required information; and
(d) Pay the applicable permit fees at the time the application is submitted.
(F) Plans requirements.
(1) The owner or other authorized agent of an existing or proposed bed and breakfast establishment and/or retail food establishment shall submit to the County Health Department properly prepared plans and specifications for review and approval before:
(a) The construction of a bed and breakfast establishment and/or retail food establishment;
(b) The conversion of an existing structure for use as a bed and breakfast establishment and/or retail food establishment; or
(c) The remodeling of a bed and breakfast establishment and/or retail food establishment or a change of type of bed and breakfast establishment and/or retail food establishment or food operation if the County Health Department determines that plans and specifications are necessary to ensure compliance with this section.
(2) The plans and specifications for a bed and breakfast establishment and/or retail food establishment shall include the type of operation, type of food preparation (as specified in Appendix B of the published version of 410 I.A.C. 7-24) and the menu.
(3) The plans and specifications shall be deemed satisfactory and approved by the County Health Department before a permit can be issued.
(4) A pre-operational inspection must show that the bed and breakfast establishment and/or retail food establishment has been built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this chapter, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-15.5 before a permit is issued.
(G) Change of ownership. The County Health Department may renew a permit for an existing bed and breakfast establishment, and/or retail food establishment or may issue a permit to a new owner of an existing bed and breakfast establishment and/or retail food establishment after a properly completed application is submitted, reviewed and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this chapter.
(H) Responsibilities of the operator. Upon acceptance of the permit issued by the County Health Department, the operator, in order to retain the permit, shall:
(1) Comply with the provisions of this chapter and all laws and rules adopted by reference herein and the conditions of any variances granted by the State Department of Health;
(2) Immediately discontinue affected operations and notify the County Health Department if an Imminent Health Hazard may exist;
(3) Allow representatives of the County Health Department access to the bed and breakfast establishment and/or retail food establishment at all reasonable times;
(4) Comply with directives of the County Health Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings and other directives issued by the County Health Department in regard to the operator’s bed and breakfast establishment and/or retail food establishment or in response to community emergencies;
(5) Accept notices issued and served by the County Health Department;
(6) Be subject to the administrative, civil, injunctive and criminal remedies authorized in law for failure to comply with this chapter or a directive of the County Health Department; and
(7) Post the permit in a location in the bed and breakfast establishment and/or retail food establishment that is conspicuous to consumers.
(Ord. 2005-1, passed 8-2-2005)
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