POLICY DATABASE
St. Joseph County, Ind., Code §§ 117.10 (D), (E) (current through Sept. 12, 2017)
Brief Summary
Incorporates state law protections from liability for donors of food. Encourages food donation when the food is still safe to eat but warns that sometimes food can go bad.
Legal Strategies
Creates an exemption.
Expressly allows something.
Reach
Community-wide
Food System Category: Distribute, Surplus/Waste
State: Indiana
Jurisdiction Type: County
Jurisdiction Name: St. Joseph County
Does the law refer to priority populations in some way?
Yes. Deals with food donated to charitable organizatons (see 117.10 (D) and (E ).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "when leftover foods have been extended beyond the recommended shelf life, and have gone through an appreciable loss of quality, there may be a significant public health hazard." Sec. 117.10(E).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
No.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
No. 117.01.
Does the law address implementation in some way?
Yes. Permitting fees and procedure. § 117.04. Also: "The County Board of Health may adopt, amend or rescind any such rules and regulations and standards as deemed necessary for proper enforcement and to carry out the purpose and intent of this chapter. This shall be accomplished using public comment periods, public meetings and public hearings in accordance with state law and upon the advice of the County Board of Health." § 117.07(A).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Penalties shall be imposed against those owners/operators of establishments that, on a continuous basis, have repeat violations in accordance with the Civil Penalties Rule, 410 I.A.C. 7-23; Penalty fees shall be determined in accordance with the Schedule of Civil Penalties, 410 I.A.C. 7-23.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Title XI (Business Regulations), Chapter 117 (St. Joseph County Food Establishments); Ordinances: Ord. 49-05, passed 5-10-2005.