For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENTS. As defined in 410 I.A.C. 7-15.5:
(1) An operator occupied residence that:
(a) Provides sleeping accommodations to the public for a fee;
(b) Has no more that 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.
CATERED EVENT. An occasion at which the food products being served have been prepared in a licensed food service establishment and are merely held and served at the off-site location for a private event or an organized group (such as a wedding reception or corporate picnic). No preparation shall take place at the event location.
COUNTY HEALTH DEPARTMENT. The local health department in Vevay/Switzerland County or authorized representative having jurisdiction over a bed and breakfast establishment and/or a retail food establishment.
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 person, appointed as specified in I.C. 16-20-2-16, or his/her duly authorized representative, as specified in I.C. 16-20-1-14, who may conduct inspections and make a final decision on an enforcement action.
HEARING OFFICER. An individual or panel of individuals acting in the capacity of a hearing officer in an appeals process. The hearing officer is not the Health Officer or any other employee of the County Health Department.
IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the number of potential injuries and illnesses and the nature, severity and duration of the anticipated injury or illness (such as, sewage backing up in a food preparation area or contamination of food products with toxic material).
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)
OUTDOOR COOKING FACILITY. A location outside of the licensed retail food establishment that is immediately adjacent and connected to the food service.
PERMIT. The document issued by the County Health Department that authorizes a person to operate a bed and breakfast establishment and/or retail food establishment.
PERSON. An association, corporation, individual, partnership or other legal entity, government, or governmental subdivision or agency.
RETAIL FOOD ESTABLISHMENT. As defined in 410 I.A.C. 7-24:
(1) An operation as follows that:
(a) Stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as the following:
1. A restaurant;
2. A satellite or catered feeding location;
3. A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
4. A market;
5. A grocery store;
6. A convenience store;
7. A vending location;
8. A conveyance used to transport people;
9. An institution;
10. A food bank;
11. A commissary;
12. A cottage industry;
13. A hospice facility as defined in I.C. 16-25-11;
14. A health care facility as defined in I.C. 16-21-2;
15. A health facility as defined in I.C. 12-13-5, such as the following:
A. Licensed child care centers licensed under 470 I.A.C. 3-4.7;
B. Licensed child care institutions licensed under 470 I.A.C. 3-11, 470 I.A.C. 3-12 and 470 I.A.C. 3-13; or
C. Registered child care ministries registered under 470 I.A.C. 3-4.5.
16. An assisted living facility as defined in I.C. 12-10-15.
(b) 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 satellite 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.
(3) The term does not include the following:
(a) An establishment that offers only prepackaged 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 I.C. 16-42-5-4;
(e) An area where food that is prepared as specified in subdivision (d) 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.
TEMPORARY FOOD ESTABLISHMENT. A retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration with the approval of the organizers of the event or celebration.
(Ord. 05-16-2016-4, passed 5-16-2016)