Section 410IAC7-24-109. Ceasing operations, reporting, and resumption of operations

   (a) Except as specified in subsection (b), the owner or operator of the retail food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency, such as the following:

(1) Fire.

(2) Flood.

(3) An extended interruption of electrical or water service.

(4) A sewage backup.

(5) A misuse of poisonous or toxic materials.

(6) An onset of an apparent foodborne illness outbreak.

(7) A gross insanitary occurrence or condition.

(8) Other circumstance that may endanger public health.

  (b) The owner or operator of a retail food establishment need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.

  (c) If operations are discontinued as specified under this section or otherwise according to law, the retail food establishment shall obtain approval from the regulatory authority before resuming operations.

  (d) For purposes of this section, a violation of subsection (a) is a critical item.

  (e) For purposes of this section, a violation of subsection (b) or (c) is a noncritical item. (Indiana State Department of Health; 410 IAC 7-24-109; filed Oct 13, 2004, 12:30 p.m.: 28 IR 836; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)