For the purpose of this subchapter, 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. 7-15.5). 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.
CATERING. (As defined in 410 I.A.C. 7-24). 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. (As defined in 410 I.A.C. 7-24). A registered catering establishment, restaurant, or any retail food establishment in which food, food containers, or food supplies are:
(1) Kept;
(2) Handled;
(3) Prepared;
(4) Packaged; or
(5) Stored; from which meals are catered and mobile retail food establishments or pushcarts are serviced.
CONFLICT OF INTEREST. (Derived from 68 I.A.C. 9-1-1 (b)(2)). A situation in which the private interest of the County Official, the County Official's spouse, ex-spouse, siblings, in-laws, children and/or an un-emancipated child, may influence the County Official's judgment in the performance of a public duty.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. (As defined in 410 I.A.C. 7-24). 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 Health Officer having jurisdiction in Morgan County/City or his/her duly authorized representative.
HEARING OFFICER. An individual or panel of individuals acting in the capacity of a Hearing Officer in proceedings. The Hearing Officer is not the Health Officer or any other employee of the Health Department. (Examples of a Hearing Officer could be the Health Board, a subcommittee of the Health Board, a subcommittee of health professionals from the community or other non-biased third party appointed by the Health Board.)
IMMINENT HEALTH HAZARD. Any circumstance or situation, which in the opinion of the Health Officer, presents a serious health risk to the public.
INSPECTION REPORT. The document prepared by the Health Department that is completed as the result of the inspection and provided to the operator.
MOBILE FOOD ESTABLISHMENT. A retail food establishment that is:
(1) Wheeled;
(2) On skids;
(3) Mounted on a vehicle;
(4) A marine vessel; or
(5) 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.
MORGAN COUNTY HEALTH DEPARTMENT. The local health department in Morgan County or authorized representative having jurisdiction over a bed and breakfast establishment, retail food establishment and/or temporary food establishment.
MORGAN COUNTY OFFICIAL. Any official of Morgan County, Indiana.
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. (Derived from I.C. 4-21.5-1-9). A 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 Health Department that authorizes a person to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment.
PERSON. An association, a corporation, an individual, partnership, or other legal entity, government, or governmental subdivision or agency.
POTENTIALLY HAZARDOUS FOOD (Time/temperature control for safety food or TCS). (Derived from 410 I.A.C. 7-24):
(1) POTENTIALLY HAZARDOUS FOOD means a food that is natural or synthetic and requires temperature control because it is in a form capable of supporting any of the following:
(a) The rapid and progressive growth of infectious or toxigenic microorganisms.
(b) The growth and toxin production of Clostridium botulinum.
(c) In raw shell eggs, the growth of Salmonella enteritidis.
(2) The term includes the following:
(a) A food of animal origin that is raw or heat-treated.
(b) A food of plant origin that is heat-treated or consists of raw seed sprouts.
(c) Cut melons.
(d) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under division (1) of this section.
(3) The term does not include any of the following:
(a) An air-cooled hard-boiled egg with shell intact.
(b) A food with an aw value of 0.85 or less.
(c) A food with a pH level of 4.6 or below when measured at 75 degrees Fahrenheit.
(d) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.
(e) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of Salmonella enteritidis in eggs or Clostridium botulinum cannot occur, such as a food that:
1. Has an aw and a pH that are above the levels specified under divisions (3)(b) and (3)(c); and
2. May contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms.
(f) A food that may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of microorganisms as specified under division (3)(a).
RETAIL FOOD ESTABLISHMENT. (Derived from 410 I.A.C. 7-24):
(1) An operation that:
(a) Stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as:
1. A restaurant;
2. Satellite or catered feeding location;
3. A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
4. A market;
5. A grocery store;
6. A convenience store;
7. A vending location;
8. A conveyance used to transport people;
9. An institution; or
10. A food bank; and
11. 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 delivery service that is provided by common carriers.
(2) The term includes the following:
(a) 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.
(b) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food.
TEMPORARY FOOD ESTABLISHMENT. (As defined in 410 I.A.C. 7-24). A retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ord. 2016-8, passed 11-7-2016)