For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person that prepares an application for a permit and/or plan review.
BED AND BREAKFAST ESTABLISHMENT. As defined in 410 I.A.C. 7-15.5-2:
(1) An operator-occupied residence that:
(a) Provides sleeping accommodations to the public for a fee;
(b) Has no more than 14 guest rooms;
(c) Provides breakfast to its guests as part of the fee; and
(d) Provides sleeping accommodations for no more than 30 consecutive days to a particular guest.
(2) The term does not include hotels, motels, boarding houses or food service establishments.
CATERING ONLY PERMIT. A retail food establishment that prepares food in an approved kitchen
and may include the transportation of such food for service and consumption at some other site. (No food served at the site where food is prepared.)
COMMISSARY. A registered catering establishment, restaurant or any retail food establishment in which food, food containers or food supplies are kept, handled, prepared, packaged or stored.
CONFLICT OF INTEREST. A situation in which the private financial interest of a County Health Department employee, employee’s spouse, ex-spouse, siblings, in-laws and/or child/children, may influence said employee’s judgment in the performance of a public duty
EMPLOYEE. Full- and part-time Health Department personnel who are paid, in whole or in part, by county funds.
EVENT. One occasion that will last no longer than 14 consecutive days.
EVENT/FESTIVAL COORDINATOR. The individual or group of individuals that are responsible for coordinating and organizing the event and/or festival.
FARMER'S MARKET VENDOR. A retail food establishment, excluding a mobile food establishment, which operates with the approval of the market master at a common facility where two or more farmers or growers gather on a regular recurring basis to sell a variety of fruits, vegetables, and other farm products directly to consumers.
FESTIVALS. An occasion that will last no longer than two days, such as but not limited to:
(1) Berry Street Festival;
(2) Cloverween;
(3) Fourth of July Festivals;
(4) Rib Festivals;
(5) Airport Appreciation Days; and
(6) National Night Out.
FOOD ESTABLISHMENT. Any bed and breakfast establishment, retail food establishment, mobile food establishment, food establishment and/or temporary food establishment.
HACCP PLAN. Hazard analysis critical control point, and is 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, (as defined in 410 I.A.C. 7-24-43).
HEALTH OFFICER. The person, appointed as specified in I.C. 16-20-2-16, or his or her duly authorized representative, as specified in I.C. 16-20-2-14, who may conduct inspections and make a final decision on an enforcement action within the jurisdiction of the county.
HOMEBASED VENDOR (HBV). An individual who:
(1) Has made a non-potentially hazardous food product in their primary residence;
(2) Is selling the food product they made, ONLY at a roadside stand or at a farmer's market; and
(3) Complies with state law.
IMMINENT HEALTH HAZARD. Any circumstance or situation, which in the opinion of the Health Officer, presents a serious health risk to the public (i.e., sewage backing up in a food preparation area or contamination of food products with toxic materials).
INSPECTION REPORT. The document prepared by the County Health Department that is completed as the result of the inspection and provided to the operator.
MARKET MASTER. The individual or group of individuals that are responsible for coordinating and organizing the farmer's market.
MOBILE UNIT PERMIT. As defined in 410 I.A.C. 7-24-55:
(1) A retail food establishment that is:
(a) Wheeled;
(b) On skids;
(c) Mounted on a vehicle;
(d) A marine vessel; or
(e) Otherwise readily movable (i.e., pushcart or trailer).
(2) Mobile units must be physically transported to a commissary or servicing area or both at least once daily for all supplies, cleaning and servicing operations.
MOBILE UNIT SEASONAL PERMIT. As defined in 410 I.A.C. 7-24-55:
(1) A retail food establishment that is:
(a) Wheeled;
(b) On skids;
(c) Mounted on a vehicle;
(d) A marine vessel; or
(e) Otherwise readily movable (i.e., pushcart or trailer).
(2) Mobile units must be physically transported to a commissary or servicing area or both at least once daily for all supplies, cleaning and servicing operations and is only in operation during a season (i.e., winter - December to February; spring - March to May; summer - June to August; fall - September - November).
NON-PROFIT PERMIT. I.R.S. § 501 (c)(3) organizations, civic, fraternal, veterans, charitable, must provide I.R.S. § 501(c)(3) tax exempt certificate; must not operate a food operation for more than 15 calendar days per year.
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. (Derived from I.C. 4-21.5-1-9.)
PERMANENT FOOD ESTABLISHMENT WITH CATERING PERMIT. A facility that stores, prepares, packages, services, vends or otherwise provides food for human consumption and prepares food in the retail food establishment that includes the transportation of such food for service and consumption at some other site.
PERMANENT FOOD ESTABLISHMENT WITHOUT CATERING PERMIT. A facility that stores, prepares, packages, serves, vends or otherwise provides food for human consumption.
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 mobile retail food establishment.
PERSON. An association, a corporation, an individual, partnership or other legal entity, government, or governmental subdivision or agency.
POTENTIALLY HAZARDOUS FOOD. A food that is natural or synthetic and requires temperature control because it is in a form capable of supporting the growth of infectious/toxigenic microorganisms or harmful bacteria (as defined in 410 I.A.C. 7-24-66).
POTENTIALLY HAZARDOUS FOOD PRODUCT.
(1) (a) A food that is natural or synthetic and requires temperature control because it is in a form capable of supporting any of the following:
1. The rapid and progressive growth of infectious or toxigenic microorganisms.
2. The growth and toxin production of Clostridium botulinum.
3. In raw shell eggs, the growth of Salmonella enteritidis.
(b) The term includes the following:
1. A food of animal origin that is raw or heat treated.
2. A food of plant origin that is heat treated or consists of raw seed sprouts.
3. Cut melons.
4. Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth described in division (1)(a).
(2) It must be noted that this term, while not quite specific, is essentially the same term and has the same meaning as the commonly recognized term POTENTIALLY HAZARDOUS FOOD, which is used in other Indiana food laws, rules, and ordinances. It is suggested that, for the purpose of preventing possible confusion over very subtle differences in the two terms, the term POTENTIALLY HAZARDOUS FOOD may be used interchangeable with, or substituted for, the term POTENTIALLY HAZARDOUS FOOD PRODUCT. Scientifically recognized principles, such as pH, water activity (Aw), and other intrinsic factors, will be used to determine whether or not a food must be time or temperature controlled to be safe within the context of either definition.
PUTNAM COUNTY HEALTH DEPARTMENT. The local Health Department in Putnam County or authorized representative having jurisdiction over bed and breakfast establishments, retail food establishments and/or mobile retail food establishments.
RETAIL FOOD ESTABLISHMENT. As defined in 410 I.A.C. 7-24-79, means an operation that:
(1) 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;
(k) A commissary;
(l) A cottage industry;
(m) A hospice facility as defined in I.C. 16-25;
(n) A health care facility as defined in I.C. 16-21-2;
(o) A health facility as defined in I.C. 16-18-2;
(p) A child care facility as defined in I.C. 12-17.2-1 et seq., such as the following:
1. Licensed child care center licensed under 470 I.A.C. 3-4.7;
2. Licensed child care institutions licensed under 470 I.A.C. 3-11, 4710 I.A.C. 3-12 and 470 I.A.C. 3-13;
(q) An assisted living facility as defined in I.C. 12-10-15.
(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) The term includes the following:
(a) An element of the operation, such as 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:
1. Mobile;
2. Stationary;
3. Temporary; or
4. Permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food.
(4) The term does not include the following:
(a) An establishment that offers only pre-packaged foods that are not potentially hazardous;
(b) A produce stand that offers only 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 the provisions of state law;
(e) An area where food that is prepared as specified in division (4)(d) above is sold or offered for human consumption;
(f) A bed and breakfast establishment as defined and regulated under I.C. 16-41-31 and 410 I.A.C. 7-15.5;
(g) A private home that receives catered or home-delivered food; or
(h) A private home.
ROADSIDE STAND. A place, building, or structure along, or near, a road, street, lane, avenue, boulevard, or highway where a home-based vendor (HBV) sells their food product(s) to the public.
SEASONAL FOOD ESTABLISHMENT PERMIT. A permanent retail establishment that is only in operation during a season (i.e., winter - December to February; spring - March to May; summer - June to August; fall - September to November).
TEMPORARY FOOD ESTABLISHMENT PERMIT. A retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration (i.e., 4-H Fair; Berry Street Festival; Fourth of July Festival).
(Ord. 2015-3-2, passed 3-2-2015; Am. Ord. 2017-12-18-1, passed 12-18-2017)