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Food Ordinance
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MIAMI COUNTY 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, et seq.,
as amended, Sanitation of Vending of Foods and Beverages.
Be it ordained by the Board of Commissioners of Miami County, State of Indiana,
that:
Section A: Definitions
Adulterated: Adulterated has the meaning stated in Indiana code 16-42-1 through
4. (410 IAC 7..24-4)
Employee: means the person-in-charge, having supervisory or management duties,
person on the payroll, family member, volunteer, person performing work under
contractual agreement, or other person working in a retail food establishment.
(410 IAC 7-24-29)
Health Department: means the Miami County Health Department.
Health Officer: means the medical doctor serving as the executive officer of the
Miami County Health Department or any authorized representative.
Law: means applicable, state, and federal statutes, regulations, and local
ordinances. (410 IAC (7-24-51).
Narrative Report: The section on the Food Service Inspection Report Form where
the authorized representative records in written form the violations and/or
other pertinent information that are observed during the inspection of a retail
food establishment.
Owner or Authorized Agent: shall be any person operating a retail food
establishment.
Permit: means the document issued by the Health Department which authorizes a
person to operate a retail food establishment or bed and breakfast
establishment.
Person: means an association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency. 410 IAC
7-24-58.
Temporary Food Establishment: The term temporary food establishment means a
retail food establishment that operates for a period of not more than fourteen
(14) consecutive days in conjunction with a single event or celebration. 410 IAC
7-24-98
Wholesome: shall mean in sound condition, clean, free from adulteration, and
otherwise suitable for use as human food.
Written Order: A written letter of abatement generated by the regulatory
authority and signed by the Regulatory Authority, that is served to the operator
of a retail food establishment or bed and breakfast that has been found in
violation of the provisions of this ordinance, and lists those violations and
mandates a specific time by which the abatement must occur.
Section B: Permits
Permit: 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.
Only persons who comply with the applicable requirements as specified by the
Indiana State Department of Health rules incorporated herein by reference shall
be entitled to receive and retain such a permit.
A permit for a retail food establishment or bed and breakfast establishment
shall be for a term of one (1) year beginning January 1, and expiring December
31, of the same year and shall be renewed annually. The permit for a temporary
retail food establishment shall be for the term of one continuous operation with
duration of fourteen (14) days or less. Any permit issued by the Health
Department shall contain the name and address of the person to whom the permit
is issued, the address of the premises for which same is issued, and such other
pertinent data as may be required by the Health Department.
A separate permit shall be required for each retail food establishment or bed
and breakfast establishment operated or to be operated by any person. A permit
issued under this ordinance is not transferable from one owner to another or
from one location to another.
The owner of any retail food establishment or bed and breakfast opening for
business without first obtaining a valid permit shall immediately cease all
operations until a permit has been obtained. The owner of any retail food
establishment opening for business without first obtaining a valid permit may be
subject to penalties in Section I of this ordinance
A permit may be issued to any person upon completion of steps A-D.
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An application and plans as
specified in 410 IAC 7-24 is reviewed and
approved by the Health Department for new and remodeled retail food
establishments and bed and breakfast establishments.
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A pre-opening inspection is
completed by the Health Department for new or substantially remodeled retail
food establishments or bed and breakfast establishments.
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The retail food establishment is
in substantial compliance with all applicable requirements of 410 IAC 7-24.
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Appropriate fees are paid.
Section C: Permit Fee
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See attachment 1: Fee schedule
for current rates. Note that a late fee will be assessed on any annual food
permit not renewed within thirty (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
thirty-one (31) days following the expiration date.
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Permit and Fee Exception: No
permit fee shall he paid by an organization that is exempt from the Indiana
gross income tax.
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Exemption from Compliance: An
organization that is exempt from the Indiana gross income tax and that
offers food for sale to the final consumer at an event held for the benefit
of the organization is exempt form complying with the requirements of the
ordinance that may be imposed upon the sale of food at that event if:
a. members of the organization
prepare the food that will be sold;
b. events conducted by the organization under this section take place for no
more than thirty (30) days in any calendar year;
c. the name of each member who has prepared a food item is attached to the
container in which the food item has been placed.
This section does not prohibit an exempted organization from waiving the
exemption and applying for a license under this chapter.
The Health Department may forbid the sale of any food product by any charitable
organization in which the food product is found to be unwholesome, adulterated,
or otherwise unfit for human consumption.
Section D: Minimum Requirements for Food Operations
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. Two (2) copies of which are on file in the office of the Clerk of
Miami County, Peru, Indiana, for public inspection.
Section E: Sale, Examination, and Condemnation of Unwholesome, Adulterated
and Misbranded Food
It shall be unlawful for any person to sell through a food operation any food
which is unwholesome, adulterated, or misbranded as provided in 410 IAC 7-24-4,
410 IAC 7-24-54. Samples of food may be taken and examined by the
authorized representative as often as may be necessary to determine freedom from
contamination, adulteration, or misbranding. The authorized representative may,
on written notice to the owner or operator, impound and forbid the sale of any
food which is, or which he has probable cause to believe is, unfit for human
consumption. unwholesome, adulterated or misbranded. Provided that in the case
of misbranding, which can be corrected by proper labeling, such food may be
released to the operator for correct labeling under the supervision of the
authorized representative. The authorized representative may also cause to be
removed or destroyed any dairy product, vegetable, fruit or other perishable
articles which in his opinion are unsound, or contain any filthy, decomposed, or
putrid substance, or that may be poisonous or deleterious to health or otherwise
unsafe.
Section F: Inspection of Food Operations
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Frequency of Inspection: 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.
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Procedure when Violations are
noted: If, during the inspection of any retail food establishment the
authorized representative discovers the violation of any of the requirements
in Section D, of this ordinance, he/she shall list on the narrative report
section of the inspection form such violations, and serve a copy of the
report to the operator or the person in charge and fix a time within which
the operator or person in charge of the retail food establishment or bed and
breakfast shall abate and remedy such violations. A copy of the narrative
report shall be kept on record at the Health Department.
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Final Inspection: If, upon a
subsequent inspection of a retail food establishment or bed and breakfast
the regulatory authority finds that a retail food establishment, or bed and
breakfast is violating any provisions of this ordinance which were found in
violation during the pervious inspection, and concerning which a written
order was issued the Regulatory Authority may issue a fine for each
violation of this ordinance.
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Suspension of Permit: Any permit
issued under this ordinance may be temporarily suspended by the Regulatory
Authority without notice or hearing for a period of not to exceed thirty
(30) day, for any of the following reasons provided that any suspension
order shall be issued by the Regulatory Authority in writing and served upon
the permittee by leaving a copy at his/her usual
place of business by delivery. by registered or Certified Mail:
a. Imminent health hazard or other conditions in which the Regulatory
Authority's opinion endanger the public's health.
b. Interference with the authorized representative in the performance of his/her
duties.
c. As a result of the willful and/or continuous violation of any provisions of
this Ordinance.
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5.Reinstatement of Permit: Any person whose permit has been suspended may, at
any time, make application to the Regulatory Authority for the reinstatement of
his/her permit. The applicant shall submit written documentation with
explanation why the permit should be reinstated and provide specific measures to
be followed which will prevent the circumstances of suspension from recurring.
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Revocation of Permit: The Miami
County Health Board, upon a hearing, if the permittee should fail to show cause may revoke the permit and promptly give
written notice of the action to the permittee. The Regulatory Authority shall
maintain a permanent record of the proceedings filed in the office of the Health
Department.
Upon failure of any person maintaining or operating a retail food establishment
and bed and breakfast, to comply with any order of the regulatory authority, it
shall be the duty of the Regulatory Authority summarily to revoke the permit of
the person and retail food establishment or bed and breakfast and to forbid the
further sale or serving of food therein.
Section G: Authority to Inspect and to Copy Records
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.
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. Properly
prepared plans and specifications shall be submitted for approval to the Health
Department at least thirty (30) days prior to initiating construction. A stop
work order may be issued if plans have not been submitted for approval to the
Health Department at least 30 days prior to the initiation to construction.
Section I: Penalties
The Regulatory Authority may issue a fine for each violation of this ordinance
not in excess of $2,500.00. In addition, to any civil penalty that may be
imposed under Indiana Law, any person who violates any provisions of this
ordinance may be assessed a civil penalty in compliance with Indiana
Administrative Code 4-10 IAC 7-23-1 entitled A Schedule of Civil Penalties@ a
copy attached hereto and made apart hereof marked Exhibit AA@. All fines shall
be paid to the Miami County Clerks Office Miami County Health Department. with
all funds received being placed in a non-reverting fund. If permit applicants
failed to submit application seven (7) days prior to the applicable event shall
result in a twenty-five $25.00 late fee being assessed.
Section J: Appeal
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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 fifteen(15) days after such final order is
issued.
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Upon the Health Department=s
receipt of such request, the Board shall hear the matter de novo in an open
hearing after at least ten (10) days written notice of the time, place and
nature thereof. (The Health Department and appellant may agree to a shorter
period of time, if requested by either party.) The notice shall be issued by
the Secretary of the Board to the Health Department and the person filing
the request.
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The notice of hearing shall be
served upon the appellant by leaving or mailing by Certified Mail the notice
to the address listed on the permit application as the appellant=s mailing
address or such other address as the appellant shall designate in writing to
the Secretary of the Board.
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At such hearing, the same rules
of procedure shall apply as in the case of the hearing before the Health
Department; provided, that upon written request by the appellant or the
Health Department, the Board shall cause the proceedings before it to be
recorded by a reporter employed for such purpose, and the same, together
with all papers and documents filed therein.
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.
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.
Attachment 1: Annual Fee Schedule
Retail Food Establishments and Bed and Breakfast $50.00. Late fee ( assessed on
any permit not renewed within thirty (30) days following expiration date):
$25.00
Temporary Retail Food Establishment: $10.00 per day not to exceed $30.00 per
event beginning 1-1-06. Temporary permit submit seven ( 7 ) days prior to event
or pay $25.00 late fee.
PASSED AND ADOPTED BY THE BOARD OF COMMISSIONERS OF MIAMI COUNTY, STATE OF
INDIANA ON THIS_______DAY OF ____________________________ 2005.
____________________________________
CRAIG BOYER
____________________________________
GREGORY DEEDS
____________________________________
GARY HAWLEY
ATTEST:
____________________________________
Brenda Weaver, Auditor
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