For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED OR MISBRANDED. Includes any food that does not conform to legal standards of purity, processing, labeling and the like as provided in I.C. 16-42-1-1 through 16-42-4-5, as amended, known as the Uniform Indiana Food, Drug and Cosmetic Act.
COMMISSARY. A catering establishment, restaurant or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stored.
EMPLOYEE. The permittee, individuals having supervisory or management duties, and any other person working in a food operation.
FOOD. Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD OPERATION. Any food service establishment, retail food store, mobile food unit, pushcart, temporary food service establishment, commissary or food vending machine.
FOOD SERVICE ESTABLISHMENT. Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles.
HEALTH OFFICER. A medical doctor serving as the health officer for the County Board of Health or his or her authorized representative.
LAW. Includes applicable state and local statutes, ordinances, rules and regulations.
MOBILE FOOD UNIT. A vehicle-mounted food service establishment designed to be readily movable.
OWNER OR OPERATOR. Shall be any person conducting a food operation.
PERMIT. The document used by the health officer which authorizes a person to conduct a food operation.
PERMITTEE. Any owner or operator in possession of a valid permit to conduct a food operation.
PERSON. Includes an individual, partnership, corporation, association or other legal entity.
PERSON IN CHARGE. The individual present in a food operation who is the apparent supervisor of the food operation at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
POTENTIALLY HAZARDOUS FOOD. Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less under standard conditions or food products in hermetically sealed containers commercially processed to prevent spoilage.
PUSHCART. A nonself-propelled vehicle limited to serving non-potentially hazardous foods or commissary-wrapped food maintained at proper temperatures, or limited to the preparation and serving of frankfurters.
RETAIL FOOD STORE. Any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged non- potentially hazardous foods, roadside markets that offer only fresh fruits and fresh vegetables for sale, food-service establishments, or food and beverage vending machines.
SEASONAL FOOD ESTABLISHMENT. A food operation conducted at a fixed location for a consecutive period of more than 14 days and less than 121 days.
TEMPORARY FOOD SERVICE ESTABLISH- MENT. A food service establishment that operates at a fixed location for a period of time, not more than 14 consecutive days, in conjunction with a single event or celebration.
VENDING MACHINE. Any self-service device which, upon insertion of a coin, coins or tokens, or by other similar means, dispenses unit servings of perishable food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation.
WHOLESOME. In sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
(BCC Ord. 1991-25A, passed 1-13-92)