Sec. 25. If, upon inspection of a food establishment, a local health officer or food environmental health specialist finds an employer, operator, or other employee to be violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, the local health officer or food environmental health specialist shall do at least one (1) of the following:
(1) Furnish evidence of the violation to the prosecuting attorney of the county or circuit in which the violation occurs. The prosecuting attorney shall prosecute all persons violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, or rules adopted under those provisions.
(2) Report the condition and violation to the state health commissioner or the commissioner's legally authorized agent. The state health commissioner may issue an order to the person in authority at the offending establishment to abate the condition or violation within five (5) days or within another reasonable time required to abate the condition or violation. The proceedings to abate must be in accordance with IC 4-21.5.
[Pre-1993 Recodification Citation: 16-1-20-7.]
As added by P.L.2-1993, SEC.25. Amended by P.L.137-1996, SEC.73; P.L.144-1996, SEC.14; P.L.104-2003, SEC.8; P.L.1-2009, SEC.118; P.L.86-2015, SEC.3.
Structure Indiana Code
Article 42. Regulation of Food, Drugs, and Cosmetics
Chapter 5. Food: Sanitary Requirements for Food Establishments
16-42-5-0.1. Application of Certain Amendments to Chapter
16-42-5-0.4. Enforcement of Local Standards for Food Handling or Food Establishments
16-42-5-0.5. Local Standards or Penalties Regarding Food Handling or Food Establishments Precluded
16-42-5-0.7. Local Standards Regarding Food Handling Machinery Precluded
16-42-5-0.9. Petitions for Changes in Rules
16-42-5-2.3. Food Handling Machinery Defined
16-42-5-5.2. Variances From Rules
16-42-5-6. Conditions of Health and Comfort
16-42-5-7. Construction to Facilitate Cleanliness
16-42-5-8. Cleanliness and Sanitation of Premises and Vehicles
16-42-5-9. Walls and Ceilings; Construction; Washing
16-42-5-10. Floors; Construction; Washing
16-42-5-11. Domestic Animals; Rodents; Insects
16-42-5-15. Food Handling Rooms; Exclusive Use
16-42-5-18. Sleeping in Food Handling Rooms
16-42-5-19. Diseases; Employees
16-42-5-20. Wearing Apparel; Employees
16-42-5-21. Washing; Employees
16-42-5-22. Sitting or Lying on Food Handling Equipment
16-42-5-24. Local Health Officers
16-42-5-25. Prosecution of Violators; Orders to Abate Condition or Violation
16-42-5-26. Noncompliance With Order or Requirement; Offenses
16-42-5-27. Violations of Chapter; Offenses
16-42-5-31. Sale of Poultry Products Produced Under a Limited Permit