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(A) This subchapter shall apply within the incorporated areas of the city.
(B) The administration and enforcement of this subchapter is vested in the Floyd County Health Board (Health Board) appointed pursuant to I.C. 16-20-2-6, the County Health Officer appointed pursuant to I.C. 16-20-2-16 and the County Health Department (Department) created and established pursuant to I.C. 16-20-2-2.
(Ord. A-00-64, passed 12-4-2000)
Editor’s note:
I.C. 16-20-2-6 as added by P.L.2-1993, Sec. 3, was repealed by P.L.164-2023, Sec. 24
For purposes of this subchapter, the following definitions shall apply.
DEPARTMENT. The Floyd County Health Department, being an agency of local government, created and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized employees and representatives.
HEALTH BOARD. The Floyd County Board of Health duly constituted and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized representatives.
HEALTH OFFICER. The Floyd County Health Officer duly appointed by the Floyd County Board of Health and acting pursuant to the provisions of I.C. 16-20 et seq., and his or her duly authorized representatives.
MOBILE RETAIL FOOD ESTABLISHMENT. Any retail food establishment capable of being readily moved from location to location or one without a fixed location.
RETAIL FOOD ESTABLISHMENT. An operation that:
(1) Stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as:
(a) A restaurant;
(b) A satellite or catered feeding operation;
(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 vending location;
(h) A conveyance used to transport people;
(i) An institution; or
(j) A food bank.
(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 delivery service that is provided by common carriers;
(3) Includes 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 (licensed) by proper authority;
(4) 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; and
(5) Is a bed and breakfast establishment as defined and regulated under I.C. 16-41-31 et seq.
TEMPORARY RETAIL FOOD ESTABLISHMENT. Any retail food establishment which shall operate for a period of time not to exceed 14 days.
(Ord. A-00-64, passed 12-4-2000)
(A) Except as provided by applicable law, rule or regulation, or except as expressly provided by this subchapter, no person, firm or corporation shall operate or continue to operate a retail food establishment in the city (including mobile and temporary establishments) without first having registered with and obtained a license from the Health Department to do so. Applications for a retail food establishment license shall be submitted on forms provided by the Health Department.
(B) No license to operate a retail food establishment shall be issued except after an inspection of the proposed establishment by the Health Officer (or his or her designee) and a finding that same conforms with the minimum requirements therefor as established by applicable law and the rules of the state's Department of Health. To allow for verification that the proposed retail food establishment is constructed, equipped and otherwise meets the requirements of applicable law, rules and regulations, an application for a new license shall be submitted to the Health Department at least 30 days prior to the anticipated date for commencement of operations.
(C) Licenses for non-temporary retail food establishments shall expire on June 30 following the date of issuance. Licenses for temporary retail food establishments shall expire not later than the fourteenth day following the date of issuance.
(D) A separate license is required for each retail food establishment owned and/or operated by an applicant and a license issued by the Health Department is not transferable. Upon issuance, a license shall be prominently displayed upon the premises of the retail food establishment.
(E) No license under this subchapter shall be required of an organization which is exempt from the application of I.C. 16-42-5-4, and no fee shall be collected pursuant to § 115.24. However, the remaining provisions of this subchapter shall apply to the retail food establishment operated by the organization.
(Ord. A-00-64, passed 12-4-2000)
Editor’s note:
I.C. 16-42-5-4 as added by P.L.2-1993, Sec. 25, amended by P.L.192-2002(ss), Sec. 159; P.L.138-2006, Sec. 11 was repealed by P.L.100-2007, Sec. 2
(A) All retail food establishments shall be maintained and operated in accordance with applicable provisions of I.C. Title 16, together with such rules and regulations which may be promulgated, from time to time, by the Indiana Department of Health and the county's Health Department, all of which code provisions, rules and regulations are incorporated herein by reference and made a part hereof.
(B) All retail food establishments shall be subject to inspection by the Health Officer, from time to time, to assure compliance with this subchapter and applicable law, rules and regulations, and the operator of a retail food establishment shall, upon request, permit access to all parts thereof and allow the copying of all records relative to the enforcement of this subchapter.
(C) Upon finding a violation of this section, including the laws, rules and regulations made a part hereof by reference, the Health Officer shall proceed in accordance with the requirements of I.C. 16-42-5-25; provided, upon finding such a violation by the holder of a license for a temporary retail food establishment, the Health Officer may order immediate corrective action, and upon the failure to comply with such order in a timely manner, the Health Officer may summarily revoke the temporary license and forbid the further sale or serving of food pursuant to the temporary license.
(Ord. A-00-64, passed 12-4-2000)
(A) The following fees shall be payable by the applicant for a retail food establishment license:
(1) For a temporary retail food establishment license: the sum of $5 per day of operation, but not to exceed the sum of $25;
(2) For a restaurant, tavern, retail food store or similar retail food establishment: the sum of $75; and
(3) For all other retail food establishments: the sum of $50.
(B) In addition to the foregoing fees, the Health Department shall collect the printing costs of plan review packets if required in connection with new or remodeled retail food establishments.
(C) For licenses which upon initial issuance will expire in fewer than 180 days from the date thereof, the applicant shall pay one-half of the fee set forth in divisions (A)(2) and (A)(3) of this section.
(Ord. A-00-64, passed 12-4-2000)
(A) Except as otherwise expressly set forth herein, and except in those instances of a violation of a statute, rule, or regulation having an established penalty or remedy therefor, enforcement of this subchapter as against a person violating the terms and provisions of same shall be in accordance with the provisions of I.C. 34-28-5. An action to enforce this subchapter shall be brought in the name of the Health Officer or the Health Board, as appropriate, and upon proof by a preponderance of the evidence of a violation hereof, judgment shall be entered against the defendant for a sum of not less than $100 for each violation. A separate violation of this subchapter shall be deemed to occur for each day that a person shall be in violation of the terms and provisions hereof.
(B) In addition to the remedy set forth in division (A) above, an action may be brought for mandatory or injunctive relief as against any person violating the terms and provisions of this subchapter, which action shall be brought in the name of the Health Officer or Health Board, as appropriate.
(C) To the extent permitted by law and this subchapter, an action under division (A) above may be joined with an action under division (B) above, and to any judgment in favor of the Health Officer and/or Health Board shall be added costs of the action, reasonable attorney fees and expenses incurred by the Department in the enforcement of this subchapter.
(D) In all actions under this subchapter, the Health Board and/or the Health Officer shall be represented by the attorney retained by the Health Board pursuant to I.C. 16-20-1-1.
(Ord. A-00-64, passed 12-4-2000)
BEDS AND BREAKFAST
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 (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.
CHIEF FOOD SPECIALIST. The official, as defined below, who has primary responsibility over bed and breakfast establishment, retail food establishment, and temporary food establishment inspections.
CONFLICT OF INTEREST. For purposes of this subchapter, a situation in which the private financial interest of the official, the official's spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the judgment in the performance of a public duty. The official may be subject to other ethical requirements in addition to those set forth herein.
CRITICAL VIOLATION. A condition that is more likely than other violations to significantly contribute to food contamination, illness, or an environmental health hazard.
ENVIRONMENTAL HEALTH SPECIALIST. An official hired by the Health Officer and designated as environmental health specialist.
ENVIRONMENTAL HEALTH SUPERVISOR. The official who has primary responsibility over all environmental health specialists.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN (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 DEPARTMENT. The Floyd County Health Department, having jurisdiction over bed and breakfast establishments, retail food establishments, and temporary food establishments.
HEALTH OFFICER. The person, duly appointed, by the Floyd County Health Department under I.C. 16-20-2-16 having jurisdiction in Floyd County or his or her duly authorized representative.
HEARING BOARD. A subcommittee of Floyd County Board of Health comprised of at least four members of the Floyd County Board of Health. The Hearing Board shall not include the Health Officer or any other employee of the Health Department.
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 an operator, as defined below.
OFFICIAL. Any environmental health specialist of Floyd County, Indiana.
OPERATOR. Person, as defined below, who has a primary oversight responsibility for operation of the establishment through ownership, lease, or contractual agreement, and who is responsible for the storage, preparation, display, transportation or serving of food to the public.
ORDER. 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, including a permit, as defined below.
PERMIT. The document issued by the Health Department that authorizes a person, as defined below, to be an operator of a bed and breakfast establishment, retail food establishment, or temporary food establishment.
PERSON. Means and includes, an individual, agent, association, business organization, cooperative, corporation, entity, firm, institution, municipality or governmental unit, partnership, proprietorship, school, trust or estate.
PERSON IN CHARGE. Shall mean the individual present at a retail food establishment who is responsible for the operation at the time of inspection.
RETAIL FOOD ESTABLISHMENT (410 I.A.C. 7-24).
(1) An establishment that stores, prepares, packages, serves, or otherwise provides food for human consumption, including:
(a) A restaurant;
(b) A satellite or catered feeding location;
(c) A catering operation if the operation provides food directly or indirectly to a consumer;
(d) A market;
(e) A grocery store;
(f) A convenience store;
(g) An institution;
(h) A food bank; or
(i) A food service establishment that 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 other delivery service.
(2) The term
RETAIL FOOD ESTABLISHMENT includes, but is not limited to, the following:
(a) An element of the establishment, such as a transportation vehicle that supplies a vending location or satellite feeding location.
(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.
(3) The term
RETAIL FOOD ESTABLISHMENT does not include the following:
(a) An establishment that offers only prepackaged foods that are not potentially hazardous.
(b) A produce stand that only offers whole, uncut fresh fruits and vegetables.
(c) A food processing plant operated under I.C. 16-42-5.
(d) A private home where food is prepared by a member of an organization that is operating under I.C. 16-42-5-4 and is sold or offered for human consumption.
(e) A bed and breakfast establishment as defined and regulated under I.C. 16-41-31 and 410 I.A.C. 7-15.5.
(f) A private home that receives catered or home-delivered food.
(g) A private home which provides childcare and is not subject to I.C. 12-13-5.
(h) A private home which provides residential care and is not subject to I.C. 12-15 and/or I.C. 23-2-4.
(i) A private home.
RETAIL FOOD MARKET ESTABLISHMENT. Any retail food establishment, including, but not limited to, a grocery store, convenience store, salvage store, discount store, meat market, poultry market, fish market, fresh fruit and vegetable market, delicatessen, confectionary, candy kitchen, nut store, retail bakery store, or any food establishment, whether fixed or movable, where food is intended primarily for human consumption off the premises of such retail food establishment, is manufactured, produced, stored, prepared, handled, sold, or offered with or without charge. Provided, however, that the provisions of this subchapter shall not include meat or poultry slaughterhouses.
RETAIL FOOD SERVICE ESTABLISHMENT. Any retail food establishment, including, but not limited to, a restaurant, coffee shop, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, commissary, drive-in restaurant, drink establishment, snack bar, food counter, dining room, food catering facility, seasonal establishments opened for more than six months out of the year, industrial feeding establishment, private, public, or non-profit organization or institution routinely serving food, and any other eating or drinking establishment, where food or drink products are prepared, served, or provided primarily for human consumption at such retail food establishment, with or without charge. The term does not include private homes where food is prepared or served for individual family consumption.
TEMPORARY FOOD ESTABLISHMENT (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. G-08-14, passed 5-5-2008)
Editor’s note:
I.C. 16-42-5-4 as added by P.L.2-1993, Sec. 25, amended by P.L.192-2002(ss), Sec. 159; P.L.138-2006, Sec. 11 was repealed by P.L.100-2007, Sec. 2
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