Section 410IAC7-21-50. Public health protection; access; reporting imminent health hazards

   (a) The department shall uniformly apply this rule to all wholesale food establishments in a reasonable manner that promotes its underlying purpose of safeguarding public health and ensuring that food is safe, not misbranded, unadulterated, and honestly presented when offered to the consumer.

  (b) Facilities and equipment that were installed prior to the effective date of this rule, that do not fully meet all of the design and fabrication requirements, shall be deemed acceptable in that wholesale food establishment if it is in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces are nontoxic.

  (c) After the department presents official credentials and expresses an intent to inspect, investigate, or collect food samples, the supervisory personnel shall allow the department access to the establishment during the establishment's hours of operation and other reasonable times. Information and records to which the department is entitled according to law and are specified in this rule shall be provided upon request.

  (d) A wholesale food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency, such as:

(1) a fire;

(2) a 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 unsanitary occurrence or condition; or

(8) other circumstance that may endanger public health.

  (e) Operation need not be discontinued in an area of a wholesale food establishment that is unaffected by the imminent health hazard.

  (f) If operations are discontinued as specified under this subsection or otherwise according to law, the wholesale food establishment shall obtain approval from the department before resuming operations. (Indiana State Department of Health; 410 IAC 7-21-50; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1632, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA)