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