Section 410IAC7-24-106. Public health protection

   (a) The regulatory authority shall uniformly apply this rule to all retail food establishments in a reasonable manner that promotes its underlying purpose of safeguarding public health and ensuring that food is:

(1) safe;

(2) not misbranded;

(3) unadulterated; and

(4) honestly presented;

when offered to the consumer.

  (b) In enforcing this rule, the regulatory authority shall assess existing facilities or equipment that was in use before the effective date of this rule based on the following considerations:

(1) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition.

(2) Whether food-contact surfaces comply with sections 205 through 213, 215, 216, and 240 of this rule.

(3) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with section 259 of this rule.

(4) The existence of a documented agreement with the owner or operator of the retail food establishment that the facilities or equipment will be replaced or upgraded.

  (c) For purposes of this section, a violation of subsection (a) or (b) is a noncritical item. (Indiana State Department of Health; 410 IAC 7-24-106; filed Oct 13, 2004, 12:30 p.m.: 28 IR 835; errata filed Dec 13, 2004, 8:20 a.m.: 28 IR 1485; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)