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. An operator-occupied residence that provides sleeping accommodations to the public for a fee, has no more than 14 guest rooms, provides breakfast to its guests as part of the fee, and provides sleeping accommodations to a particular guest for no more than 30 consecutive days.
CATERING. The preparation of food in an approved retail food establishment, and may include the transportation of such food for service and consumption at some other site.
COMMISSARY. A registered catering establishment, restaurant, or any retail food establishment in which food, food containers, or food supplies are kept, handled, prepared, packaged, or stored from which meals are catered, and mobile retail food establishments, or pushcarts, are serviced.
CONSECUTIVE INSPECTION. An inspection which occurs directly after another inspection (for example, an inspection occurs April 2010, and the next inspection occurs July 2010). The type of inspection, or period of time between inspections, is not significant.
CRITICAL VIOLATION. A violation that is more likely than other violations to significantly contribute to food contamination, illness, or an environmental health hazard. These may include items marked in the “C” column denoting CRITICAL VIOLATIONS on the inspection report form.
FARMERS’ MARKET VENDOR. A retail food establishment, excluding a mobile food establishment, which operates with the approval of the market master at a common facility where two or more farmers or growers gather on a regular re-occurring basis to sell a variety of fruits, vegetables, and other farm products to consumers.
HABITUAL NON-COMPLIANCE. Two or more inspections for an establishment meeting one of the following:
(1) One or more enforcement actions taken within the previous three years;
(2) Three consecutive inspections documenting the same critical violation(s);
(3) Four non-consecutive inspections documenting the same critical violation(s);
(4) Five consecutive inspections documenting the same non-critical violations(s); and/or
(5) Six non-consecutive inspections documenting the same non-critical violations(s).
HEALTH OFFICER. The Director of Public Health of the County Health Department in the state, or the HEALTH OFFICER’S authorized representative.
IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction, or cessation, of operation to prevent injury or illness based on the number of potential injuries or illnesses, and the nature, severity, and duration of the anticipated injury or illness.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as a result of the inspection and provided to the person in charge.
MOBILE FOOD ESTABLISHMENT. A retail food establishment that is wheeled, on skids, mounted on a vehicle, a marine vessel, or otherwise readily movable, such as a pushcart or trailer that changes location too frequently to be a candidate for permanent utility connections, as determined by the Health Officer.
NON-CONSECUTIVE INSPECTION. An inspection that does not occur directly after another inspection (for example, inspections are conducted in October 2009, April 2010, July 2010, where October 2009 and July 2010 are non-consecutive inspections). The type of inspection, or period of time between inspections, is not significant.
OPERATOR. The person who has primary oversight responsibility for the 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.
PERMIT. The document issued by the County Health Department that authorizes a person to operate a retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment.
PERSON. An association, a corporation, an individual, partnership, or other legal entity, government, or governmental subdivision or agency.
PERSON IN CHARGE. The individual present at a retail food establishment who is responsible for the operation at the time of inspection.
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;
(b) A satellite or catered feeding location;
(c) A catering operation if the operation provides food directly to a consumer, or to a conveyance used to transport people;
(d) A market;
(e) A grocery store;
(f) A convenience store;
(g) A conveyance used to transport people;
(h) An institution;
(i) A food bank;
(j) A commissary;
(k) A cottage industry;
(l) A health facility, as defined in I.C. 16-18-2; and
(m) An assisted living facility, as defined in I.C. 12-10-11.5-8.
(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 a delivery service that is provided by common carriers.
(a) The term includes the following:
1. 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
2. An operation that is conducted in a facility or location, as described in divisions (2)(a)2.a. through (2)(a)2.d. below, where consumption is on, or off, the premises, and regardless of whether there is a charge for the food:
a. Mobile;
b. Stationary;
c. Temporary; or
d. Permanent.
(b) The term does not include the following:
1. An establishment that offers only pre-packaged foods that are not potentially hazardous;
2. A produce stand that offers only whole, uncut fresh fruits and vegetables;
3. A food processing plant operated under I.C. 16-42-5;
4. A bed and breakfast establishment, as defined and regulated under I.C. 16-41-31 and 410 I.A.C. 7-15.5;
5. A private home that receives catered or home-delivered food;
6. A private home; and
7. Those exempted from the definition of food establishment by I.C. 16-18-2.
TEMPORARY FOOD ESTABLISHMENT. A retail food establishment that operates for a period of time no more than 14 consecutive calendar days, in conjunction with a single event or celebration with the approval of the organizers of the event or celebration.
(Ord. 2010-08, passed 2-23-2010)