(A) General. The Health Department shall inspect a bed and breakfast establishment and/or retail food establishment bi-annually, or less frequently if indicated under the risk based assessment method as outlined by the State Department of Health. The County Board of Health may inspect more frequently if a risk is posed by any of the following: the establishment has had critical violations in the last inspection; the establishment serves an at-risk population; or a consumer complaint or a report of a food-borne illness has been reported to the Department.
(B) Temporary food establishment. The 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 hand-washing, food preparation and protection, food temperature control, ware-washing, 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 for risk specified above, the 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 non-critical;
(3) Past performance, for complaints investigated and found to be valid;
(4) The hazards associated with the particular foods that are prepared, stored and 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) Application and permit fees. The application for any permit shall be tendered with the following application fees.
(1) Each new retail food establishment shall be required to pay an application fee of $100 for the review of plans and specifications and for the initial inspection of such establishment. This fee is in addition to the permit fee.
(2) Permit fees for retail food establishments are payable as follows:
(a) Permit fees for retail food market establishments:
1. Up to and including 3,000 square feet: $125;
2. Three thousand up to and including 20,000 square feet: $175;
3. Twenty thousand up to and including 70,000 square feet: $225; and
4. Seventy thousand square feet and above: $275.
(b) Permit fees for retail food service establishments:
1. One to five employees: $125;
2. Six to nine employees: $175;
3. Ten to 15 employees: $225;
4. Sixteen to 20 employees: $275; and
5. Twenty-one or more employees: $325.
(c) Permit fees for temporary food establishments: $20 per day, not to exceed $100, for a maximum of 14 days.
(d) Flat rate permit fees:
1. Bed and breakfast establishments: $150; and
2. Retail food establishments that are seasonal concessions operated less than six months per year: $125.
(E) Access allowed at reasonable times after due notice.
(1) After the officer or an official presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the operator shall allow the 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. Inspections shall be conducted during the bed and breakfast establishment, retail food establishment or temporary 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.)
(Ord. passed 5-12-2008)