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(A) It is unlawful for any person to sell through any food establishment any food which is unwholesome, adulterated, or misbranded.
(B) The Health Officer may take and examine samples of food from any food establishment as often as may be necessary, in the Health Officer's sole and absolute discretion, to determine that such food is free from contamination, adulteration, or misbranding. The Health Officer may remove, impound, and/or forbid the sale of any food determined by the Health Officer to be unwholesome, adulterated, or misbranded, or which the Health Officer has probable cause to believe is unfit for human consumption, unwholesome, adulterated, or misbranded. However, in the event of misbranding of food which the Health Officer determines to be correctable by proper labeling, such food may be released to the operator of the food establishment for correct labeling under the supervision of the Health Officer. The Health Officer may also cause to be removed or destroyed any dairy product, meat, meat product, seafood, poultry, poultry product, confectionery, bakery product, vegetable, fruit, or other perishable articles which the Health Officer, in its sole and absolute discretion, determines to be unsound or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise be unsafe.
(BC Ord. 2023-09, passed 4-24-23)
(A) No fewer than two times each calendar year, the Health Officer shall inspect each food establishment and vending machine unit for which a permit is required under this chapter.
(B) A permit issued under this chapter may be temporarily suspended by the Health Officer upon violation by a permit holder of any of the terms of this chapter.
(C) A permit holder whose permit has been suspended pursuant to division (B) above may appeal such revocation to the Warrick County Board of Health if written notice of the appeal is submitted to the Warrick County Board of Health within ten business days from such revocation.
(D) The Warrick County Board of Health shall hear any timely requested appeal of a revocation of a permit pursuant to division (C) above within 30 calendar days following receipt of such written notice, and shall thereafter promptly issue a decision granting or denying, in whole or in part, the appeal.
(BC Ord. 1984-5, passed 2-27-84; Am. BC Ord. 2023-09, passed 4-24-23)
(A) No person shall be permitted to work in a food establishment who does not satisfy the health requirements specified by the Indiana State Board of Health as provided in Regulations 410 IAC 7-24 and 21 CFR 100.1 et seq.
(B) If a food establishment believes, or has reason to believe, that any employee has contracted any disease in a communicable form or has become a carrier of such disease, the food establishment shall immediately notify the Health Officer.
(BC Ord. 1984-5, passed 2-27-84; Am. BC Ord. 1986-11, passed 11-14-86; Am. BC Ord. 2023-09, passed 4-24-23)
All food establishments which are hereafter constructed or altered shall conform with the applicable requirements set forth in § 134.03. An applicant or permit holder shall submit properly prepared plans and specifications to the Health Officer prior to the commencement of any construction or alteration of a food establishment. An applicant or permit holder may only commence construction or alteration of a food establishment after obtaining the approval of properly prepared plans and specifications for such construction or alteration by the Health Officer.
(BC Ord. 1984-5, passed 2-27-84; Am. BC Ord. 2023-09, passed 4-24-23)
(A) Any person who violates any of the provisions of this chapter or who refuses to comply with any lawful orders, rules, or regulations issued and/or enforced by the Health Officer, as provided in this chapter, shall incur a penalty as described in § 41.02 of the Warrick County Code of Ordinances.
(B) Each day in which a person operates a food establishment or vending machine unit while m violation of this chapter shall constitute a distinct and separate offense.
(BC Ord. 1984-5, passed 2-27-84; Am. BC Ord. 2023-09, passed 4-24-23; Am. BC Ord. 2024-11, passed 8-26-24)