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. As defined in 410 I.A.C. 7-15.5-2, means 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.
CONFLICT OF INTEREST. Derived from 68 I.A.C. 9-5-9, means a situation in which the private financial interest of a county official, a county official’s spouse, ex-spouse, siblings, in-laws, children, and/or unemancipated child may influence the county official’s judgment in the performance of a public duty.
COUNTY HEALTH DEPARTMENT. The local health department in the county, or authorized representative, having jurisdiction over a bed and breakfast establishment, retail food establishment, and/or temporary food establishment.
COUNTY OFFICIAL. Any official of the county.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN. As defined in 410 I.A.C. 7-24, means 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 the 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 the HEARING OFFICER could be the County Health Board, a subcommittee of the County 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 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 the 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 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.
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. As derived from 410 I.A.C. 7-24, means:
(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) 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 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. This definition does not include an organization that is exempt from the state gross income tax under I.C. 6-3-4 et seq., and offers food for sale to the final consumer at an event held for the benefit of the organization, and is exempt from the payment of fees. This exemption only applies to organization(s) that meet the criteria addressed in I.C. 16-42-5-30. The Health Officer shall be provided, upon request, proof of an organization’s tax exemption.
(Ord. 2006-1, passed 5-1-2006)