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(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)
(A) General.
(1) It shall be unlawful for any person who has not paid the applicable permit fee to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment in the county.
(2) The fee shall be paid 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.
(3) Permit fees for the issuance of a permit under this chapter to a bed and breakfast establishment, a retail food establishment and/or a temporary food establishment shall be set by the Health Department, as provided by the statutes of the state. (See I.C. 16-20-1-27.)
(4) A receipt for the payment of a fee shall be provided by the County Health Department.
(5) The payment of the fees 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.
(B) Exemption from permit fees. An organization that is exempt from the State Gross Income Tax under I.C. 6-3-2-2.8 and offers food for sale to the final consumer at an event held for the benefit of the organization is exempt from the payment of fees. This exemption only applies to organization(s) that meet the criteria addressed in I.C. 6-3-2-2.8. The Health Officer shall be provided, upon request, proof of an organization’s tax exempt status.
(C) Late fees. A late fee for failure to pay the permit fee prior to the operation of the bed and breakfast establishment and/or retail food establishment or the late fee for failure to renew a permit after the expiration of the permit to operate bed and breakfast establishment and/or retail food establishment shall be assessed as set from time to time by the County Health Board. The payment of fees under this chapter is not transferable or refundable.
(Ord. 2005-1, passed 8-2-2005)
(A) General.
(1) The County Health Department shall inspect a bed and breakfast establishment and/or retail food establishment at least once every six months.
(2) The County Health Department may increase the interval between inspections beyond six months if:
(a) The bed and breakfast establishment and/or retail food establishment is fully operating under an approved and validated hazard analysis critical control point (HACCP) plan(s); and
(b) The bed and breakfast establishment and/or retail food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction.
(3) The County Health Department may contact the operator to determine that the nature of the food operation has not changed.
(B) Temporary food establishment. The County Health Department shall periodically inspect throughout its permit period a temporary food establishment that prepares, sells or serves unpackaged potentially hazardous food and may inspect a temporary food establishment that prepares, sells or serves unpackaged, non-potentially hazardous food that:
(1) Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal and insect and rodent control; or
(2) Has untrained food employees.
(C) Performance and risk based inspections. Within the parameters specified in division (A) above, the County Health Department shall prioritize, and conduct more frequent inspections based upon its assessment of a bed and breakfast establishment and/or retail food establishment’s history of compliance with this chapter and the bed and breakfast establishment and/or retail food establishment’s potential as a vector of food-borne illness by evaluating:
(1) Past performance, for violations of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-22 and/or HACCP plan requirements that are critical or non-critical;
(2) Past performance, for numerous or repeat violations of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 and/or HACCP plan requirements that are noncritical;
(3) Past performance, for complaints investigated and found to be valid;
(4) The hazards associated with the particular foods that are prepared, stored or served;
(5) The type of operation including the methods and extent of food storage, preparation and service;
(6) The number of people served; and
(7) Whether the population served is a highly susceptible population.
(D) Access allowed at reasonable times after due notice.
(1) After the County Health Department presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the operator shall allow the County Health Department to determine if the bed and breakfast establishment, retail food establishment, and/or temporary food establishment is in compliance with this chapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this chapter. The County Health Department is entitled the information and records according to I.C. 16-42-1-13 and I.C. 16-42-5-23, during the bed and breakfast establishment and/or retail food establishment’s hours of operation and other reasonable times.
(2) Access is a condition of the acceptance and retention of a food establishment permit to operate.
(3) If access is denied, an order issued by the appropriate authority allowing access may be obtained according to law. (See I.C. 16-20-1-26.)
(E) Inspection reports. At the conclusion of the inspection, the County Health Department shall provide a copy of the completed inspection report and the notice to correct violations to the operator or to the person-in-charge, as required under I.C. 16-20-8-5. A copy of the completed inspection report will remain on file at the County Health Department for a period of at least five years from the date of the inspection.
(F) Timely correction of critical violations.
(1) Except as specified in the next paragraph, an operator shall at the time of inspection correct a critical violation of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-22 and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
(2) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the County Health Department may agree to or specify a longer time frame after the inspection, for the operator to correct critical code violations or HACCP plan deviations.
(3) After receiving notification that the operator has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the County Health Department shall verify correction of the violation, document the information on an inspection report, and enter the report in the County Health Department’s records.
(G) Refusal to sign acknowledgment.
(1) Refusal to sign an acknowledgment of receipt will not affect the operator’s obligation to correct the violations noted in the inspection report within the time frames specified.
(2) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the County Health Department historical record for the bed and breakfast establishment, retail food establishment and/or temporary food establishment.
(3) The operator is not necessarily in agreement with the findings of the County Health Department inspection by acknowledgment of receipt.
(H) Public information. Except as specified in § 176 (Trade Secrets) of 410 I.A.C. 7-24, the County Health Department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law. (See I.C. 16-20-8-6.)
(Ord. 2005-1, passed 8-2-2005)
(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment is denied, the Greene County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal and the process and time frames for appeal that are provided in law.
(B) Permit suspension. The County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment if it determines through inspection, or examination of employee, food, records or other means as specified in this chapter, that an imminent health hazard exists.
(C) Ceasing operation and contacting the County Health Department.
(1) An operator of a bed and breakfast establishment, retail food establishment and/or temporary food establishment shall immediately discontinue operations and notify the County Health Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent food-borne illness outbreak, gross unsanitary occurrence or condition or other circumstance that may endanger public health.
(2) An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(D) Resuming operation. If a bed and breakfast establishment, retail food establishment and/or temporary food establishment has discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(E) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(F) Enforcement options. In the enforcement of the provisions of this chapter, the County Health Department may proceed and/or recommend one or more enforcement options:
(1) The County Health Board may adopt a policy for the issuing of citations based on violation of the retail food establishment and/or bed and breakfast establishment requirements. Appeals from any citation shall follow the procedure set forth in § 110.07 before initiation of the trial process.
(2) Conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment, retail food establishment and/or temporary food establishment permit in front of a Hearing Officer.
(3) The County Health Officer may issue an “order to abate” based on a condition that may transmit, generate or promote disease. Failure on the part of the operator to comply with the order could result in the enforcement of the order in the court of jurisdiction by the initiation of an action by the Board of Health Attorney, County Attorney or County Prosecuting Attorney.
(4) If the action concerning public health is an ordinance violation, request the Board of Health Attorney, the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for the enforcement of the ordinance violation, in that manner set forth by I.C. 34-28-5-1. The maximum penalty which may be levied for the violation may not exceed $1,000. In addition to the penalties, any person who violates any provision of the chapter shall be liable for the costs of litigation including, but not limited to, attorney fees, deposition fees, the cost of expert witnesses, lab testing expenses and court costs.
(5) If the action concerning public health is a criminal offense, request the Board of Health Attorney, the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for enforcement. (See I.C. 16-20-1-25(c).)
(Ord. 2005-1, passed 8-2-2005)
(A) Any person(s) aggrieved by orders issued under § 110.06(F)(1) through (3) above shall be entitled to a review of the final order before a Hearing Officer by filing a written request therefor with the Health Officer (Secretary of the County Board of Health; see I.C. 16-20-1-10). The written request must be mailed or hand delivered to Health Officer, 217 East Spring Street, Suite #1, Bloomfield, IN 47424, and must be received within 15 days after the final order is issued.
(B) After the Health Officer’s receipt of the request, the Hearing Officer shall hear the matter again in an open hearing after at least five days written notice of the time, place and nature thereof. The time shall be measured pursuant to the rules of court of the jurisdiction. (A shorter period of time may be granted, if requested by either party and agreed upon.)
(C) The notice of the hearing shall be served upon the person requesting the review by hand delivering or mailing by certified mail the notice to the address listed on the permit application as the person’s mailing address or other address, as the person shall designate in the letter of request to the Health Officer.
(D) The Hearing Officer shall establish the rules of procedure and shall advise the parties prior to the start of the proceedings.
(E) The Hearing Officer shall make written findings of facts and shall enter its final order or determination of this matter in writing.
(F) The final order completes the administrative appeals procedure.
(Ord. 2005-1, passed 8-2-2005)
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