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§ 115.23 OPERATIONAL REQUIREMENTS AND INSPECTIONS.
   (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)
§ 115.24 LICENSE FEES.
   (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)
§ 115.25 ENFORCEMENT.
   (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
§ 115.35 DEFINITIONS.
   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
§ 115.36 PERMITS.
   (A)   General. It is unlawful to operate any bed and breakfast establishment, retail food establishment, or temporary food establishment in Floyd County, without first obtaining a permit from the Health Department.
   (B)   Posting. The permit must be posted in a conspicuous location in the bed and breakfast establishment, retail food establishment, or temporary food establishment.
   (C)   Separate permits. A separate permit shall be required for each bed and breakfast establishment, retail food establishment, or temporary food establishment operated or to be operated by any person.
   (D)   Permit issuance. A permit may only be issued to persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24. Any permit issued under this subchapter is not transferable. Upon the change of location of any bed and breakfast, retail food establishment, or temporary food establishment, all existing permits become void. A permit shall not be sold, assigned, licensed, or transferred.
   (E)   Term. Permits issued by the Health Officer shall be valid according to the following periods:
      (1)   The permit for a retail food establishment or bed and breakfast establishment shall be for a term of one year. Said permit shall be renewed annually beginning on July 1 of current year and expiring on June 30 of the following year.
      (2)   The permit for a temporary food establishment shall be for a term not to exceed 14 consecutive days. A temporary food establishment permit shall be for the term of one continuous operation.
   (F)   Permit content. Permits issued by the Health Officer shall contain:
      (1)   The name and address of the operator to whom the permit is granted;
      (2)   The location of the establishment for which the permit is issued;
      (3)   The issuance and expiration date(s); and
      (4)   Other such pertinent data as may be required by the Health Officer.
   (G)   Application. A person desiring to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment shall submit to the Health Department a written application for a permit on a form provided by the Health Department (State Form 50033).
   (H)   Content of the application. The application shall include:
      (1)   The name, mailing address, telephone number, and original signature of the person and/or operator applying for the permit and the name, mailing address, and location of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment;
      (2)   Information specifying whether the bed and breakfast establishment, retail food establishment, and/or temporary food establishment is owned by an association, corporation, individual, partnership, or other legal entity;
      (3)   The name, title, address, and telephone number of the operator directly responsible for the bed and breakfast establishment, retail food establishment, and/or temporary food establishment;
      (4)   The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under subdivision (4) of this section such as the zone, district, or regional supervisor;
      (5)   The names, titles, and addresses of:
         (a)   The person(s) comprising the legal owners of the operator and/or the person authorized to accept service of process and notices, and
         (b)   The local resident agent of the operator or the person holding the permit, if one is required for such operator or person;
      (6)   A statement signed by the applicant that:
         (a)   Attests to the accuracy of the information provided in the application, and
         (b)   Affirms that the applicant will:
            1.   Comply with this subchapter, and
            2.   Allow the Health Department access to the Bed and breakfast establishment, retail food establishment, and/ or temporary food establishment and records as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24;
      (7)   Other information required by the Health Department.
   (I)   Qualification. To qualify for a permit, an applicant must:
      (1)   Be an owner and/or operator of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment;
      (2)   Comply with the requirements of this subchapter;
      (3)   Agree to allow access to the bed and breakfast establishment, retail food establishment, and or temporary food establishment and provide required information; and
      (4)   Pay the applicable permit fees at the time of issuance or renewal.
   (J)   Plans requirements.
      (1)   The owner or other authorized agent of an existing or proposed bed and breakfast establishment, and/or retail food establishment shall submit to the Health Department properly prepared plans and specifications, in accordance with State Form 50004 plan review questionnaire for review and approval before:
         (a)   The construction of a Bed and breakfast establishment, and/or retail food establishment;
         (b)   The conversion of an existing structure for use as a bed and breakfast establishment and/or retail food establishment; or
         (c)   The remodeling of a bed and breakfast establishment and/or retail food establishment or a change of type of bed and breakfast establishment, and/or retail food establishment or food operation if the Health Department determines that plans and specifications are necessary to ensure compliance with this section.
      (2)   The plans and specifications for a Bed and breakfast establishment, and/or retail food establishment shall include, the type of operation, type of food preparation (as specified in Appendix B of the published version of 410 I.A.C. 7-24), and the menu.
      (3)   The plans and specifications shall be deemed satisfactory and approved by Health Department before a permit hereunder can be issued.
      (4)   A pre-operational inspection must show that the bed and breakfast establishment and/or retail food establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this subchaptere, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-15.5.
   (K)   Change of ownership. The Health Department may renew a permit for an existing bed and breakfast establishment, and/or retail food establishment or may issue a permit to a new owner of an existing bed and breakfast establishment and/or retail food establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this subchapter.
   (L)   Responsibilities of the operator. Upon acceptance of the permit issued by the Health Department, the operator in order to retain the permit shall:
      (1)   Comply with the provisions of this subchapter and all laws and rules adopted by reference herein and the conditions of any variances granted by the Indiana State Department of Health;
      (2)   Immediately discontinue affected operations and notify the Health Department if an imminent health hazard may exist;
      (3)   Allow representatives of the Health Department access to the bed and breakfast establishment and/or retail food establishment at all reasonable times;
      (4)   Comply with directives of the Health Department including time frames for corrective actions specified in Inspection reports, notices, orders, warnings, and other directives issued by the Health Department in regard to the operator's bed and breakfast establishment and/or retail food establishment or in response to community emergencies;
      (5)   Accept notices issued and served by the Health Department;
      (6)   Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this subchapter or a directive of the Health Department; and
      (7)   Post the permit in a location in the bed and breakfast establishment and/or retail food establishment that is conspicuous to consumers;
   (M)   Equipment. All equipment installed in a food establishment for use in the cleansing and bactericidal treatment of utensils, or in the preparation, storing, handling, cleaning, sanitizing, serving, or displaying of any food or beverage products, shall be of a type conforming with all applicable requirements with regard to proper holding temperatures, design, construction, location and materials, as required in 410 I.A.C. 7-24, and as amended hereafter. The Floyd County Health Department may prohibit the further use of any equipment that fails to meet the requirements above.
(Ord. G-08-14, passed 5-5-2008)
§ 115.37 PERMIT FEES.
   (A)   Unlawful to operate without paying permit fee. It shall be unlawful for any person to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment in Floyd County, who has not paid the permit fee required to be paid for the operation of such establishment.
   (B)   Fees set by Health Department. Permit fees to be paid for the issuance of a permit under this subchapter for a bed and breakfast establishment, a retail food establishment and/or a temporary food establishment shall be set by the Health Department, as provided by the statutes of the State of Indiana, (see I.C. 16-20-1-27), and as set forth and approved by Floyd County Council and Floyd County Board of Commissioners.
   (C)   Expiration of permits. For permits which upon initial issuance will expire in fewer than 180 days from the date thereof, the applicant shall pay one-half of the fees set forth by the Health Department.
   (D)   Receipt provided. A receipt for the payment of such fee shall be provided by the Health Department.
   (E)   Payment required. The payment of such fees shall be required for each bed and breakfast establishment, retail food establishment and/or temporary food establishment operated or to be operated by any person.
   (F)   Exemption from permit fees. A not for profit organization that offers food for sale to the final consumer at an event held for the benefit of the organization is exempt from the payment of fees. This exemption only applies to organizations that meet the criteria addressed in I.C. 16-42-5-4. The Health Officer shall be provided, upon request, proof of an organization's tax exemption.
   (G)   Late fees. A late fee (1) for failure to pay the Permit fee prior to the commencement of operation of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment and (2) for failure to renew a permit prior to its expiration shall be paid in the amount of 50% of the above annual fee for such permit, or in such amount as set from time to time by the Floyd County Health Board.
   (H)   Credit not transferable. Credit for the payment of fees under this subchapter is not transferable or refundable.
(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
§ 115.38 INSPECTION.
   (A)   General. The Health Department shall inspect a bed and breakfast establishment and/or retail food establishment bi-annually, or less frequently if indicated under the risk based assessment method as outlined by the Indiana State Department of Health. The Floyd County Board of Health may inspect more frequently if a risk is posed by any of the following: the establishment has had critical violations in the last inspection, the establishment serves an at-risk population, or a consumer complaint or a report of a food-borne illness has been reported to the department.
   (B)   Temporary food establishment. The 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 a temporary food establishment that prepares, sells or serves unpackaged, non-potentially hazardous food that:
      (1)   Has improvised rather than permanent facilities or equipment for accomplishing functions such as hand-washing, food preparation and protection, food temperature control, ware-washing, providing drinking water, waste retention and disposal, and insect and rodent control; or
      (2)   Has untrained food employees.
   (C)   Performance and risk based inspections. Within the parameters for risk specified above, the Health Department shall prioritize, and conduct more frequent inspections based upon its assessment of a bed and breakfast establishment and/or retail food establishment's history of compliance with this subchapter and the bed and breakfast establishment and/or retail food establishment's potential as a vector of food-borne illness by evaluating:
      (1)   Past performance, for violations of 410 I.A.C. 7-15.5, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-22 and/or HACCP plan requirements that are critical or non-critical;
      (2)   Past performance, for numerous or repeat violations of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 and/or HACCP plan requirements that are non-critical;
      (3)   Past performance, for complaints investigated and found to be valid;
      (4)   The hazards associated with the particular foods that are prepared, stored, or served;
      (5)   The type of operation including the methods and extent of food storage, preparation, and service;
      (6)   The number of people served; and
      (7)   Whether the population served is a highly susceptible population.
   (D)   Application and permit fees. The application for any permit shall be tendered with the following application fees:
      (1)   Each new retail food establishment shall be required to pay an application fee of $100 for the review of plans and specifications and for the initial inspection of such establishment. This fee is in addition to the permit fee.
      (2)   Permit fees for retail food establishments are payable as follows: permit fees for retail food market establishments:
 
Up to and including 3,000 square feet
$125
3,000 up to and including 20,000 square feet
$175
20,000 up to and including 70,000 square feet
$225
70,000 square feet and above
$275
 
      (3)   Permit fees for retail food service establishments:
 
1–5 employees
$125
6–9 employees
$175
10–15 employees
$225
16–20 employees
$275
21 or more employees
$325
 
      (4)   Permit fees for temporary food establishments: $20 per day, not to exceed $100, for a maximum of 14 days.
      (5)   Flat rate permit fees:
 
Bed & breakfast establishments
$150
Retail food establishments that are seasonal concessions operated less than six months per year
$125
Farmers market - potentially hazardous foods
$125
 
   (E)   Access allowed at reasonable times after due notice.
      (1)   After the Officer or an official presents official credentials and provides notice of the purpose of and the intent to conduct an inspection, the operator shall allow the Health Department to determine if the Bed and breakfast establishment, retail food establishment, and/or temporary food establishment is in compliance with this subchapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this subchapter. Inspections shall be conducted during the bed and breakfast establishment, retail food establishment, or temporary food establishment's hours of operation and other reasonable times.
      (2)   Access is a condition of the acceptance and retention of a food establishment 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)
(Ord. G-08-14, passed 5-5-2008; Ord. G-10-21, passed 6-7-2010)
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