The Press-Dispatch
Issue link: https://www.ifoldsflip.com/i/1487669
Classifieds Wednesday, December 7, 2022 The Press-Dispatch C-7 Proposed Fees for Retail Food Establishments November 2022 % Increase Type of Charge Category Period When applicable per When applicable per Revised Current Fee Proposed Fee % Increase per year Ordinance 2014-04 Ordinance 2022 (Approved 11/2014) since 2014 since 2014 Permit Fee Retail Food Establishment/ Annual Upon issue & renewed by Upon issue & renewed by $50/yr $60 Bed & Breakfast December 31 each year December 31 each year $25 after 7/1 $30 after 7/1 20% 2.50% Late Fee Retail Food Establishment/ Annual Annual permit not renewed Application & fee not received $50 $50 If received or 0% 0.00% Bed & Breakfast by December 31 of current year or postmarked by January 10 postmarked after Dec. 31 & by Jan.10 Application & fee received $50 $50 + $5/day if or postmarked after January 10 received or postmarked after January 10 Plan Review Retail Food Establishment 1 X per permit Document due at least 30 days Due upon submission of Plan $0 $50 Fee / Bed & Breakfast before permit is issued Review if at least 30 days before permit Is issued Late Fee--Plan Retail Food Establishment/ 1 X per permit Document due at least 30 days Due If new owner falls to notify $50 $200 400% 50.00% Review Bed & Breakfast before permit is Issued Health Department & apply for a permit Permit Fee Temporary Retall FE 1 X per permit Due at least 10 days before event Due at least 10 days before event $15/day $20/day 33% 4.17% Max. $30/event Max. $40/event Late Fee Temporary Retail FE 1 X per permit Application not received at least Application not received at least $20 $25 25% 3.13% 10 days before event 10 days before event 12.7.2022 hspaxlp Pike County Ordinance# 2022-14 for Food Establishments and Bed and Breakfast Establishments Amending Ordinance # 2014-04 An ordinance pertaining to restaurants, retail food stores, temporary food establishments, mobile food establishments, Farmers' Markets, and other opera- tions defined either as food establishments or as bed and breakfast establishments by the State of Indiana; requires permits and fees of such establishments; prohibits the sale of adulterated, unwholesome, or misbranded foods; regulates inspection of such estab- lishments; provides for enforcement of this ordinance; provides penalties for violations of said ordinance; and incorporates by reference the following Indiana State Department of Health Rules: Title 410 IAC 7-24 (Retail Food Establishments); Title 410 IAC 7-15.S (Bed and Breakfast Establishments; and HEA 1149 (Home Based Vendors). DEFINITIONS: For purposes of this Ordinance, A "food establishment" is defined as any building, room, basement, vehicle of transportation, cellar, open or enclosed area occupied or used for handling food. (Sec.1, IC 16-18-2-137 and Sec. 79, 410 /AC7-24-79) A "bed and breakfast establishment" is defined as a residence that provides sleeping accommodations to the public for a fee, has no more than fourteen (14) guest rooms, provides breakfast to its guests as part of the fee, and provides sleeping accommodations for no more than thirty {30) consecutive days to a particular guest. (Sec. 2, /AC7-15.5) A "home based vendor" (HBV) is defined as a vendor who grows or produces foods determined "non-poten- tially hazardous" by the Indiana Department of Health, and operates either with a local Farmers' Market or at a roadside stand on property owned by the vendor. A Home Based Vendor who complies with all regulations in IC 16-42-5.3 is not considered to be a retail food establishment, and is not required to obtain a permit from the local Health Department. Be it ordained by the Board of Commissioners of Pike County, State of Indiana, that: Section A. Submission and Approval of the Plan Review for Construction, Alteration, or Transfer of Ownership of a Food Establishment, Mobile Food Establishment, or Bed and Breakfast Establishment; Variance Policy; Completion of the Pre-Operational Inspection; and Fees for the Plan Review and Late Submission of the Plan Review 1. Before a Retail Food Establishment, Mobile Food Establishment, Seasonal Food Establishment, or Bed and Breakfast Establishment or portion thereof, is constructed, altered, or remodeled, or before an existing structure is converted into the use of such an estab- lishment, or upon transfer of an existing operation, the owner, operator, or designated agent shall submit a Plan Review with specifications for the establishment to Pike County Health Department for review and approval. (a) The Plan Review (State Form 50004) shall identify and summarize the plans or projects and shall indicate the owner, operator, or designated agent; the proposed layout, arrangement, and mechanical plans, and con- struction materials of work areas; the type and model of proposed fixed equipment and facilities; the intended menu to be served; the anticipated volume of food to be stored, prepared, sold, or served; and the practices em- ployed to ensure compliance with the State of Indiana's Standard Sanitary Operating Procedures (SSOPs). No Retail Food Establishment, Mobile food Establishment, or Bed and Breakfast Establishment shall be construct- ed, remodeled, converted, or transferred to new owner- ship without a Plan Review approved by Pike County Health Department. (b) Retail Food Establishments, Mobile Food Estab- lishments, and Bed and Breakfast Establishments must submit a Plan Review and $50.00 Plan Review fee no later than 30 days prior to the start of operation. A new or altered establishment is required to notify the reg- ulatory authority (local Health Department or Indiana Department of Health) of intent to operate at least thirty (30) days prior to applying for a permit (IAC 410-7-24, Sec. 107). In addition, any plan required by other State of County entities shall be submitted to and approved by the proper regulatory authorities before a permit will be issued by Pike County Health Department. (c) If the Plan Review meets the requirements of Title 410 IAC 7-24 (for a Retail Food Establishment, Mobile Food Establishment, or Temporary Food Establishment) or of Title 410 IAC 7-15.5 (for a Bed and Breakfast Establishment), Pike County Health Department shall approve the plans and specifications. 2. Requests for any variance from the Plan Review shall be submitted according to Indiana State Department of Health's "Policy for Processing Variance Requests" (IC 16-19-3-4.3 and IC 16-42-5-5.2). The requirements in Title 410 IAC 7-24 or Title 410 IAC 7-15.S may not be waived, modified, or deviated from, unless the Assistant Commissioner of the Indiana Department of Health Food Protection Program has issued a variance to the applicant. 3. After the Plan Review and $50.00 Plan Review fee have been submitted to Pike County Health Department, the Health Department shall inspect the establishment prior to the start of operation, to determine compliance with the Plan Review and with the requirements of this Ordinance. (a) All violations discovered at the initial inspection shall be corrected by the date of the next inspection. (b) Any violations cited during the initial inspection shall be corrected before the permit is issued, and before the establishment is allowed to begin operations. (1) No establishment shall be allowed to begin opera- tions until all critical violations have been corrected to the satisfaction of Pike County Health Department. (2) At the discretion of Pike County Health Department, the establishment may be allowed to begin operations, pending submission and approval of work order indicat- ing the date all remaining noncritical violations will be corrected to the satisfaction of Pike County Health Department. (3) Failure to correct noncritical violations cited during the reinspection and detailed in work orders shall be subject to revocation of the establishment's permit, as provided in Section F of this Ordinance, and/or subject to penalties, as provided in Section Hof this Ordinance. 4. A Plan Review submitted within thirty {30) days of the planned start of operations shall be subject to a late fee of Two Hundred Dollars {$200.00), in addition to the Fifty Dollar ($50.00) Plan Review fee. Section B. Permit: Requirements, Procedure for Issuance, Fees, and Exemptions 1. It shall be unlawful for any person to operate a Retail Food Establishment, Mobile Food Establishment, Farm- ers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establish- ment in Pike County without a valid permit from Pike County Health Department. A separate permit shall be required for each Retail Food Establishment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establishment operated by any person. When separate area for food service and preparation are located in one building and are operated by one owner, the establishment shall be considered as one establish- ment, and only one permit shall be required. 2. Only persons who comply with the applicable re- quirements of this Ordinance shall be entitled to receive and retain such a permit. A permit shall be issued to any person upon application and applicable fees, and only after inspection of the Retail Food Establishment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establishment upon approval by Pike County Health Department. No permit, or renewal thereof, shall be denied or revoked on arbitrary or capricious grounds. 3. With the exception of Seasonal Food Establishments and Temporary Food Establishments, a permit for a Retail Food Establishment, Mobile Food Establishment, Farmers' market, 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. (a) The annual permit fee shall be Sixty Dollars ($60.00), with a renewal fee for each subsequent year payable by December 31. Failure to pay the renewal fee by December 31 shall result in the assessment of a delinquent fee of Fifty Dollar ($50.00) if received or postmarked by January 10, with an additional fee of Five Dollars ($5.00) per day if received or postmarked after January 10. (bl The fee for a new Retail Food Establishment, Mo- bile Food Establishment, Farmers' Market, or Bed and breakfast Establishment shall be prorated as follows: (1) The annual permit fee ($60.00) shall apply to per- mits issued before July 1. (2) One half the annual permit ($30) fee shall apply to permits issued on or after July 1. 4. The permit for a Seasonal Food Establishment shall be for a term beginning Memorial Day and ending Labor Day. The fee for a Seasonal food permit shall be $40, and requires submission of a Plan Review at least 30 days before the start of operation. 5. The permit for a Temporary Food Establishment shall be for a term beginning the first day of operation, and shall expire no more than 14 days later. The fee for a Temporary food permit shall be Twenty Dollars ($20.00) per day, with a maximum of Forty Dollars ($40.00) per event or location. An application for a temporary permit shall be submitted to Pike County Health Department no later than 10 days prior to the first day of operation. Applications for temporary food establishments submitted within 10 days of the first day of operation shall be subject to a Twenty-Five Dollar ($25.00) late fee. 6. Any permit issued by Pike County Health Depart- ment shall contain the name of the person(s) to whom the permit is granted, the address of the premises for which the permit is issued, and any such pertinent data as may be required by Pike County Health Department. The permit shall be posted in a conspicuous place in the Retail Food Establishment, Mobile Food Establishment, Farmer's market, Temporary Food Es- tablishment, or Bed and Breakfast Establishment. 7. A permit issued by Pike County Health Department is not transferable to another business or person. In the event of a change in ownership by conveyance, sale contract, lease, or other means, the current permit shall become voice and a new permit shall be required. A permit shall not be issued to an establishment under new ownership until it is in full compliance with all applicable State and local laws. 8. An organization that is recognized as "Tax Exempt" under IRS Section 501 and offers food to the final consumer, either for a set price, donation, or without charge, for the benefit of the organization, is exempt from the requirements of this ordinance if: (a) A copy of the organization's tax-exempt certification is provided to Pike County Health Department. (b) Food is prepared by members of the organization, is prepackaged, or is prepared by a retail food establish- ment that holds a valid permit; (c) Events conducted by the non-profit organization are not held more than 15 days in any Calendar year; and (d) A list of foods to be offered, along with sources where foods were obtained, is submitted with a com- pleted Notification of Non-Profit Food Event. 9. This section does not prohibit a non-profit organi- zation from applying for a permit, if the organization wishes to operate more than 15 days within a calendar year. 10. This section does not apply to an individual operating a roadside stand, if the operation meets the re- quirements of HEA 1149; or to an individual operating as a Home Based Vendor (HBV), if the vendor complies with IC16-42-5.3. 11. This ordinance shall not apply to any unit of gov- ernment. Section C. Sanitation Requirements 1. All Retail Food Establishments, Mobile Food Establishments, Farmers' Markets, Seasonal Food Establishment, Temporary Food Establishments, or Bed and Breakfast Establishments shall comply with the sanitation requirements specified by the Indiana De- partment of Health, as provided in Title 410 IAC 7024 (Retail Food Establishments) or Title 410 IAC 7-15.5 (Bed and Breakfast Establishments), or as those Rules are changed or amended. 2. These Rules and any changes or amendments are incorporated by reference and made part of this section. 3. Two (2) copies of this Ordinance shall be kept on file for public inspection: one (1) at Pike County Health Department, and one (1) in the Pike County Auditor's Office. Section D. Examination and Condemnation of Un- wholesome, Adulterated, or Misbranded Food 1. It shall be unlawful for any person, business, or non-profit organization to sell any food that is unwhole- some, adulterated, or misbranded. 2. Samples of food may be obtained and examined by the Pike County Food Sanitarian as often as necessary, to determine food is free from contamination, adulter- ation, or misbranding. Pike County Health Department may, upon written notice to the owner or operator, im- pound and forbid the sale of any food that is unwhole- some, adulterated, or misbranded, or if probable cause exists that the foodis unfit for human consumption, unwholesome, adulterated, or misbranded. However, if misbranding can be corrected by proper labeling, such food may be released to the operator for sale, or destroyed. The Health Department may also order to be disposed or destroyed any dairy product, meat, meat product, seafood, poultry, poultry product, confection- ary, bakery product, vegetable, fruit, or other perish- able article that in the Health Department's opinion is unsound, contains any filthy, decomposed, or putrid substance, or may be poisonous or deleterious to health, or is otherwise unsafe for human consumption. Section E. Disease Control 1. No employee, while infected with a disease in a communicable form that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or while afflicted with a boil, an infected wound, or an acute respiratory infection, shall work in any capacity in a Retail Food Establishment, Mobile Food Establish- ment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establishment in which there is a likelihood of such a person to contaminate food or food-contact surfaces with pathogenic organisms, or to transmit disease to other persons. If the person in charge of any such es- tablishment has reason to believe that an employee has contracted any disease that can be transmitted by food, he/she shall notify Pike County Health Department immediately. 2. When Pike County Health Department has reason to believe a possibility of transmission of infection exists from any employee of a Retail Food Establishment, Mobile Food Establishment,Farmers' Market, Seasonal Food Establishment,Temporary Food Establishment,or Bed and Breakfast Establishment, the Health Depart- ment is authorized to require any or all of the following measures: (a) The immediate exclusion of the employee from the establishment; (b) The immediate closing of the establishment, until in the opinion of Pike County Health Department, no further danger of disease outbreak exists; and/or (c) Adequate medical examination of the employee and of the employee's associates, by any laboratory exam- inations as may be indicted. Section F. Inspection, Correction of Violations, and Revocation of Permit 1. Each Retail Food Establishment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establishment is subject to unannounced inspections at a frequency determined appropriate by the Health Department, in order to ensure compliance with current Indiana Department of Health sanitation requirements for a Retail Food Establishment (ntle 410 IAC 7024) or a Bed and Breakfast Establishment (Title 410 IAC 7-15.5). 2. A person operating a Retail Food Establishment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establishment shall, upon the request of Pike County Health Department, allow the Food Sanitarian or another designated representative of the Health Department access to all parts of the opera - tion, and shall allow the Health Department to collect evidence and exhibits and/or copy any or all records relative to the enforcement of this Ordinance. 3. If during the inspection of any Retail Food Establish- ment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Estab- lishment, or Bed and Breakfast Establishment, a viola- tion of any of the requirements in the provisions of this Ordinance is discovered, Pike County Health Depart- ment shall issue a written order listing each violation to the owner or person in charge, and shall specify a date by which the owner or person in charge shall abate and remedy each violation. A copy of this written order shall be provided to the owner or person in charge, and kept on file in the Health Department. (a) Refusal to sign the inspection report shall not affect the operator's obligation to correct violations within the specified timeframes. (b) Signing an inspection report or acknowledging its receipt does not imply that the operator necessarily agrees with the findings of the inspection. 4. If upon a second and final inspection the Health Department finds that an employee of a Retail Food Establishment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establishment , or other person(s) associated with the operation is cited for a violation of any of the provisions of this Ordinance in the previous inspection: (a) Pike County Health Department may promptly issue a written order to the owner or person in charge of the establishment to appear for an administrative hearing at a specified time and place, no later than ten (10) days after the second and final inspection, to show just cause why the permit issued under provisions of this Ordinance should not be revoked; or (b) Pike County Health Department shall furnish evi- dence of the violation(s) to the Pike County Attorney, who shall prosecute all persons violating the provisions of this Ordinance. 5. If at the administrative hearing the owner or person in charge should fail to show just cause as to why the per- mit should not be suspended or revoked, Pike County Health Department shall suspend or revoke the permit of the establishment and shall promptly give written notice of such action to the owner or person in charge. The Health Department shall maintain a permanent record of these proceedings, which shall be kept on file in the Health Department. 6. Pike County Health Department shall placard a Retail Food Establishment, Mobile Food Establishment, Farm- ers' Market, Seasonal Food Establishment, Temporary Food Establishment, or Bed and Breakfast Establish- ment that has had its permit suspended or revoked, with an official notice to the effect that the establishment has been closed by the order of the Health Officer. It shall be illegal to remove, damage, or deface such notice at any time before the Health Department allows the estab- lishment to resume operation. 7. All critical violations shall be corrected within the period of time specified in the written order provided by Pike County Health Department, but in any event, not to exceed ten (10) days following an inspection. Within fifteen (15} days after the inspection the owner or person in charge of the Retail Food Establishment, Mobile Food Establishment, Farmers' Market, Seasonal Food Establishment, Temporary Food Establishment,or Bed and Breakfast Establishment may be required to submit a written report to the Health Department, with copies of Purchase Orders or work contracts indicating the date work will be completed to the satisfaction of the Health Department, which at the discretion of Pike County Health Department may be accepted as interim corrective action. Section G. Temporary suspension of License 1. Any permit issued under this Ordinance may be tem- porarily suspended by Pike County Health Department without notice or hearing for a period not to exceed thirty (30} days, for any of the following reasons: (a} An imminent health hazard such as lack of refrig- eration, sewage backup into the establishment, fire, flood, loss of hot water supply, major rodent or insect infestation, or extended power outage. The establish- ment shall immediately cease food operations and shall not resume operations until authorized by Pike County Health Department. (b} Unsanitary or other conditions that in the Health Department's opinion endangers public health. (c) Interference with Pike County Health Department in the performance of its duties; and/or (d} Undue harassment of the Health Department's lnspector(s) in the performance of their duties. 2. Upon written application from the owner or person in charge, served upon the Health Department within fifteen (15) days after such suspension, Pike County Health Department shall conduct a hearing upon the matter, after giving at least five (5) days' written notice of the time, place, and purpose thereof to the suspended owner or person in charge. (a) Any such suspension order shall be issued by the Health Department in writing, and served upon the owner or person in charge by leaving a copy at the usual place of business, or by delivery of registered or certified mail to such address. (bl Any establishment whose permit has been suspended may at any time make an application to the Health Department for reinstatement of the permit. Section H. Penalties for Violations 1. The ability to seek civil penalties was designed to assist with the enforcement of repeat violators of food law, and to provide further protection against the spread of foodborne disease. Violations that have a higher public health significance are assigned a broader range of potential civil penalties, with a maximum penalty of $1000 for each day of violation. 2. Pike County Health Department may assess civil penalties in local enforcement actions against violators of food law, as provided in IC 16-19-3-4 and IC 16-42- 5-28. 3. Penalties for repeated violations of Title 410 IAC 7024 shall be assessed per Schedule of Civil Penalties as Amended (410 IAC 7-23). Section I. Enforcement This Ordinance shall be enforced by Pike County Health Department, with the assistance of the Pike County Attorney or his/her appointed deputies, and in appropriate cases, by the Pike County Prosecuting Attorney. Section J. Conflict of Interest No Pike County official shall conduct himself or herself in a manner that is or could be perceived as a Conflict of Interest. Section K. Severability Should any section, paragraph, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Section L Repeal and Effective Date All previous ordinance and parts of ordinances in conflict with this Ordinance are hereby repealed. This Ordinance shall be in full force and effective upon its adoption and publication, as provided by law. Passed and adopted by the Commissioners of Pike County, State of Indiana, on the 21st day of Novem- ber, 2022. Mark Flint Ryan Coleman Jeff Nelson /s/ Judith Gumbel Pike County Auditor 12.7.2022 hspaxlp LEGALS