Sec. 28. (a) The state department shall adopt rules under IC 4-22-2 establishing a schedule of civil penalties that may be imposed by the state department to enforce either of the following:
(1) This chapter.
(2) Rules adopted to implement this chapter.
(b) A penalty included in the schedule of civil penalties established under this section may not exceed one thousand dollars ($1,000) for each violation per day.
(c) The civil penalties collected under this section shall be deposited in the state general fund.
(d) The state department may issue an order of compliance or impose a civil penalty included in the schedule of civil penalties established under this section, or both, against a person who does any of the following:
(1) Fails to comply with this chapter or a rule adopted to implement this chapter.
(2) Interferes with or obstructs the state department or the state department's designated agent in the performance of duties under this chapter.
(e) The state department may issue an order of compliance against a person described in subsection (d) under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. The state department may impose a civil penalty against a person described in subsection (d) only in a proceeding under IC 4-21.5-3-8.
(f) A proceeding commenced to impose a civil penalty under the schedule of civil penalties established under this section may be consolidated with any other proceeding commenced to enforce either of the following:
(1) This chapter.
(2) A rule adopted by the state department to implement this chapter.
(g) A corporation or a local health department:
(1) may bring an administrative action to enforce this chapter, rules adopted to implement this chapter, or the schedule of civil penalties established by the state department under this section;
(2) may use tickets or citations to enforce this chapter, rules adopted under this chapter, or the schedule of civil penalties established by the state department under this section; and
(3) shall deposit in the general fund of the corporation or the local health department the civil penalties collected under this section.
(h) For each violation of the state law or rules concerning food handling or food establishments, the state or either:
(1) a corporation; or
(2) a local health department;
may bring an enforcement action against a food establishment.
As added by P.L.266-2001, SEC.15. Amended by P.L.97-2004, SEC.70.
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