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. 5-15.5, means 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.
BOARD OF HEALTH. Local board of health as defined in I.C. 16-18-2-210 and referred to in I.C. 16-20.
CONFLICT OF INTEREST. As derived from 68 I.A.C. 9-l-l(b)(2), means a situation in which the private financial interest of a 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. Note: The County Officials should follow the code of ethics if a code of ethics was established for County Officials.
FOOD ESTABLISHMENT. As defined in I.C. 16-18-2-137:
(1) For purposes of I.C. 16-42-5 and I.C. 16-42-5.2, FOOD ESTABLISHMENT means any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food.
(2) The term does not include the following:
(a) A dwelling where food is prepared on the premises by the occupants, free of charge, for their consumption or for consumption by their guests.
(b) A gathering of individuals at a venue of an organization that is organized for educational purposes in a nonpublic educational setting or for religious purposes, if:
1. The individuals separately or jointly provide or prepare, free of charge, and consume their own food or that of others attending the gathering; and
2. The gathering is for a purpose of the organization. Gatherings for the purpose of the organization include funerals, wedding receptions, christenings, bar or bat mitzvahs, baptisms, communions, and other events or celebrations sponsored by the organization.
(c) A vehicle used to transport food solely for distribution to the needy, either free of charge or for a nominal donation.
(d) A private gathering of individuals who separately or jointly provide or prepare and consume their own food or that of others attending the gathering, regardless of whether the gathering is held on public or private property.
(e) Except for food prepared by a for- profit entity, a venue of the sale of food prepared for the organization:
1. That is organized for:
a. Religious purposes; or
b. Educational purposes in a nonpublic educational setting.
2. That is exempt from taxation under Section 501 of the Internal Revenue Code; and
3. That offers the food for sale to the final consumer at an event held for the benefit of the organization, unless the food is being provided in a restaurant or a cafeteria with an extensive menu of prepared foods.
(f) Except for food prepared by a for- profit entity, an Indiana nonprofit organization that:
1. Is organized for civic, fraternal, veterans, or charitable purposes;
2. Is exempt from taxation under Section 501 of the Internal Revenue Code; and
3. Offers food for sale to the final consumer at an event held for the benefit of the organization, if the events conducted by the organization take place for not more than 15 days in a calendar year.
This definition also includes a retail food establishment as defined in 410 I.A.C. 7-24; however, it does not include a bed and breakfast establishment.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. As defined in 410 I.A.C. 7-24, means 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 person, appointed as specified in I.C. 16-20-2-16, or his or her duly authorized representative, as specified in I.C. 16-2-1-14, who may conduct inspections and make a final decision on an enforcement action.
HEARING BOARD. Shall be comprised of three individuals, the current Health Officer or his or her designee, and two current County Board of Health Board members appointed by the Board's president to serve.
HOWARD COUNTY HEALTH DEPARTMENT. The local health department in Howard County or authorized representative having jurisdiction over a bed and breakfast establishment and/or food establishment.
HOWARD COUNTY OFFICIAL. Any Official of Howard County, Indiana.
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 and illnesses and the nature, severity and duration of the anticipated injury or illness (e.g., sewage backing up in a food preparation area or contamination of food products with toxic materials).
INSPECTION. A visit by the regulatory authority to determine compliance with food laws.
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection and provided to the operator.
MENU TYPE. Assignment of risk for an establishment based on type of food served, the preparation steps required, the volume of food, ths population served, and previous compliance history.
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. As derived from I.C. 4-21.5-1-9, means 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 and/or food establishment.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government, or governmental subdivision or agency.
(Ord. 2005-BCC-22, passed 5-16-05; Am. Ord. 2009-BCC-08, passed 2-16-09)