For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT. 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. The term does not include hotels, motels, boarding houses or food service establishments. The operator may reside within the establishment or on contiguous property.
(675 I.A.C. 13-2.6-3)
CONFLICT OF INTEREST. A situation in which a member’s private interest, usually of a financial nature, may influence the member’s judgment in the performance of the member’s public duty. A CONFLICT OF INTEREST includes, but is not limited to, the following:
(1) Any conduct that would lead a reasonable person, knowing all of the circumstances, to conclude that a member is biased;
(2) Acceptance of any form of compensation other than from the commission for any services rendered as part of the member’s official duties for the commission;
(3) Participation in any business being transacted with the commission by any person in which the member or the member’s spouse or child has a financial interest;
(4) Use of the member’s position, title, or any authority associated with it in a manner designed for personal gain or benefit; and
(5) Demonstration, through work or action in the performance of the member’s official duties, of any preferential attitude or treatment toward any person.
(68 I.A.C. 9-5-1(3))
COUNTY OFFICIAL. Any official of Owen County, Indiana.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. A written document that delineates the formal procedures for the following the hazard analysis critical control point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.
(410 I.A.C. 7-24-43)
HEALTH DEPARTMENT. The local health department in Owen County or authorized representative having jurisdiction over a bed and breakfast establishment, retail food establishment and/or temporary food establishment.
HEALTH OFFICER. The health officer having jurisdiction in Owen County or his or 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 County Health Department. (Examples of HEARING OFFICER could be the County Health Board, a subcommittee of County Health Board, a subcommittee of health professionals from the community or other non-biased third party appointed by the Health Board.)
IMMINENT HEALTH AND 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 County Health Department that is completed as the result of the inspection and provided to the operator.
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. A County 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.
(I.C. 4-21.5-1-9)
PERMIT. The document issued by the County 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.
RETAIL FOOD ESTABLISHMENT.
(1) An operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as:
(a) A restaurant;
(b) Satellite or catered feeding location;
(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;
(j) A food bank; and
(k) An 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 take-out orders, or delivery service that is provided by common carriers.
(2) The term includes the following:
(a) An element or 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; and
(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.
(410 I.A.C. 7-24)
TEMPORARY FOOD ESTABLISHMENT. As defined in 410 I.A.C. 7-24-98, means a retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(BC Ord. 2005-16, passed 11-21-2005)