Food Ordinance

An ordinance pertaining to retail food establishments, temporary retail food establishments and bed and breakfast establishments, requiring permits and permit fees for retail food establishments and bed and breakfast establishments, prohibiting the sale of adulterated, unwholesome, or misbranded food, regulating the inspection of such establishments, providing for the fixing of penalties for violations of said ordinance, and the providing for incorporation by reference the following Indiana State Department of Health Rules: A410 IAC 7-24, and the following, as amended, Sanitation of Vending of Foods and Beverages.
  1. Section A: Definitions

    View the definitions of the Miami County Food Ordinance.

  2. Section B: Permits

    It shall be unlawful for any person to operate a retail food establishment or bed and breakfast establishment in Miami County who does not possess a valid permit from the Health Department. Such permit shall be posted in a conspicuous place in plain view of the public.

  3. Section C: Permit Fee

    A late fee will be assessed on any annual food permit not renewed within 30 days following expiration date. Closure of retail food establishment will be initiated for any retail food establishment or bed and breakfast that has not been renewed within 31 days following the expiration date.

  4. Section D: Minimum Requirements for Food Operation

    All retail food establishments shall comply with the minimum requirements specified by the Indiana State Department of Health in Rules 410 IAC 7-24 and all addenda. 2 copies of which are on file in the office of the Clerk of Miami County, Peru, Indiana, for public inspection.

  5. Section E

    View information about the Sale, Examination, and Condemnation of Unwholesome, Adulterated, and Misbranded Food.

  6. Section F: Inspection of Food Operations

    Each retail food establishment and bed and breakfast for which a permit is required under the provisions of this ordinance shall be inspected at a frequency based on menu type and past compliance.

  7. Section G: Authority to Inspect & to Copy Record

    The person in charge of a retail food establishment shall, upon request of the regulatory authority, allow the regulatory authority access to all parts of the retail food establishment and bed and breakfast and shall permit the regulatory authority to collect evidence and/or exhibits and to copy any or all records relative to the enforcement of this ordinance.

  8. Section H: Approval of Plans

    All retail food establishments, which are hereafter constructed or altered, shall conform to the applicable requirements of the Indiana State Department of Health and by the Indiana Department of Fire and Building Services.

  9. Section I: Penalties

    The Regulatory Authority may issue a fine for each violation of this ordinance not in excess of $2,500.

  10. Section J: Appeal

    Any person aggrieved by any final order of the Health Department shall be entitled to a review of the final order before the Board by filing a written request therefore with the Secretary of the Board within 15 days after such final order is issued.

  11. Section K: Unconstitutionally Clause

    Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance should not be affected thereby.

  12. Section L: Date of Effect

    This ordinance shall be in full force and effect January 1, 2001, after its adoption and publication as provided by law.