(A) General.
(1) The doing of any prohibited act or the omission of any required act governed by this chapter is declared to be a violation of this chapter.
(2) If the County Health Department documents a violation in an inspection report, the subject food establishment shall be assessed a penalty in an amount consistent with the schedule of civil penalties in 40 I.A.C. 7-23.
(B) Certification of food handler requirement penalties.
(1) Unless adjusted by an administrative order, the schedule of monetary penalties shall be used if penalties are to be assessed for violations of 410 I.A.C. 7-22.
(2) Penalties shall be enforced by the County Health Department at the rate of 25% of the maximum penalties allowed for each violation.
(C) Civil penalties.
(1) The County Health Department may commence an action, under I.C. 16-42-5-28, to levy civil penalties against a person who:
(a) Fails to comply with I.C. 16-42-5, 410 I.A.C. 7-21 or 410 I.A.C. 7-24; or
(b) Interferes with or obstructs the County Health Department or its designated agent in the performance of duties under I.C. 16-42-5, 410 I.A.C. 7-21 or 410 I.A.C. 7-24.
(2) The Putnam County Health Department may commence an action to levy civil penalties against the Market Master, and/or the Event/Festival Coordinator who:
(a) Fails to comply with state law and/or § 110.104; or
(b) Interferes with or obstructs the Putnam County Health Department and/or its designated agent in the performance of duties under I.C. 16-42-5, Rule 410 IAC 7-21, Rule 410 IAC 7-24 or § 110.104.
(c) A civil penalty will be assessed at $25 for the first offense and $50 for each consecutive offense.
(3) A civil penalty at the rate of 25% of the maximum penalties allowed for each critical and noncritical violation will be assessed to the food establishment per 410 I.A.C. 7-23, except as follows.
(a) In the event that a food establishment accumulates more than two critical violations or more than six noncritical violations, during the course of an inspection, the rate of 50% of the maximum penalties allowed for each violation documented.
(b) If there are any unpaid penalties due and owing on December 31 of any calendar year, a permit will not be issued for the following year, until such time as the penalties are satisfied.
(4) In the event that any penalties imposed under this chapter are not able to be collected by the County Health Department without the necessity of court intervention, the Health Officer shall request that the court enter a judgment for the amount of said penalties, plus court costs and reasonable attorney fees.
(Ord. 2015-3-2, passed 3-2-2015; Am. Ord. 2017-12-18-1, passed 12-18-2017)