(A) General.
(1) The County Health Department may inspect a bed and breakfast establishment and/or 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 food establishment is fully operating under an approved and validated Hazard Analysis Critical Control Point (HACCP) plan(s);
(b) The bed and breakfast establishment and/or 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.
(c) 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 temporary food establishment that prepares, sells or serves unpackaged, non-potentially hazardous food.
(C) Performance and risk-based inspections. Within the parameters specified in divisions (A) and (B) of this section, the County Health Department shall prioritize, and conduct more frequent inspections based upon its assessment of a bed and breakfast establishment and/or food establishment's history of compliance with this chapter and the bed and breakfast establishment and/or food establishment's potential as a vector of foodborne illness.
(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, investigation, collect food or water samples or take photographs, the operator shall allow the County Health Department to determine if the bed and breakfast establishment and/or 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 to 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 food establishment's hours of operation and other reasonable times.
(2) Access is a condition of the acceptance and retention of a food establishment’s 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.
(F) Timely correction of critical violations.
(1) Except as specified in division (F)(2), 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 and/or food establishment.
(3) The operator is not necessarily in agreement with the findings of the County Health Department inspection by acknowledgment of receipt.
(Ord. 2005-BCC-22, passed 5-16-05; Am. Ord. 2009-BCC-08, passed 2-16-09) Penalty, see § 111.05