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). 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.
COMMISSARY (defined in 410 I.A.C. 7-24-16).
(1) A registered catering establishment, restaurant or any retail food establishment in which food, food containers, or food supplies are:
(a) Kept;
(b) Handled;
(c) Prepared;
(d) Packaged; or
(e) Stored;
(2) From which meals are catered and mobile retail food establishments or pushcarts are served. The Wayne County Health Department reserves the right to deny the use of a commissary for any reason including the commissary does not have adequate accommodation for safe food handling.
CONFLICT OF INTEREST (derived from 68 I.A.C. 9-1-1(b)(2)). A situation in which the private financial interest of Wayne County Health Official, Wayne County Health Official's spouse, ex-spouse, siblings, in-laws, children and/or unemancipated child, may influence the Wayne County Health Official's judgement in the performance of a public duty.
FOOD ESTABLISHMENT (as defined in I.C. 16-18-2-137).
(1) For purposes of I.C. 16-42-5 and I.C. 16-42-5.2, means any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food. The term does not include the following:
(a) A dwelling where food is prepared on the premises by the occupants, free of charge, for their consumption or for consumption by their guests.
(b) A gathering of individuals at a venue of an organization that is organized for educational purposes in a nonpublic educational setting or for religious purposes, if:
1. The individuals separately or jointly provide or prepare, free of charge, and consume their own food or that of others attending the gathering;
2. The gathering is for a purpose of the organization;
3. Gatherings for the purpose of the organization include funerals, wedding receptions, christenings, bar or bat mitzvahs, baptisms, communions, and other events or celebrations sponsored by the organization.
(c) A vehicle used to transport food solely for distribution to the needy, either free of charge or for a nominal donation.
(d) A private gathering of individuals who separately or jointly provide or prepare and consume their own food or that of others attending the gathering, regardless of whether the gathering is held on public or private property.
(e) Except for food prepared by a for-profit entity, a venue of the sale of food prepared for the organization:
1. That is organized for:
a. Religious purposes; or
b. Educational purposes in a nonpublic educational setting;
2. That is exempt from taxation under § 501 of the Internal Revenue Code; and
3. That offers the food for sale to the final consumer at an event held for the benefit of the organization; unless the food is being provided in a restaurant or a cafeteria with an extensive menu of prepared foods.
(f) Except for food prepared by a for-profit entity, an Indiana nonprofit organization that:
1. Is organized for civic, fraternal, veterans, or charitable purposes;
2. Is exempt from taxation under § 501 of the Internal Revenue Code; and
3. Offers food for sale to the final consumer at an event held for the benefit of the organization; if the events conducted by the organization take place for not more than 15 days in a calendar year.
(g) An individual vendor of a farmers' market or roadside stand if the individual meets the requirements of I.C. 16-42-5-29.
(2) This definition also includes a retail food establishment as defined in 410 I.A.C. 7-24; however, it does not include a bed and breakfast establishment.
FOOD SERVICE EVENT. Any event that is open to the public that has more than one food vendors, mobile food establishments or other food services providers.
HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN (as defined in 410 I.A.C. 7-24). 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.
HEALTH OFFICIAL. Any Official of Wayne County Health Department, Wayne County Indiana.
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 Wayne County Health Department. (Examples of Hearing Officer could be the Wayne County Health Board, a subcommittee of the Wayne County Health Board, a subcommittee of health professionals from the community or other non-bias third party appointed by the Health Board).
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 [e.g., sewage backing up in a food preparation area or contamination of food products with toxic materials].
INSPECTION REPORT. The document prepared by the Wayne 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 (derived from I.C. 4-21.5-1-9). A Wayne 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 Wayne County Health Department that authorizes a person to operate a bed and breakfast establishment and/or food establishment, which includes, mobile food units and temporary food vendors.
PERSON. An association; a corporation; an individual; partnership; or other legal entity, government, or governmental subdivision or agency.
WAYNE COUNTY HEALTH DEPARTMENT. The local health department in Wayne County or authorized representative having jurisdiction over a bed and breakfast establishment and/or food establishment.
(Ord. 2021-011, passed 9-8-2021)