POLICY DATABASE
Policy 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.

Background Information

State Indiana
Jurisdiction Name St. Joseph County
Jurisdiction Type County,
Population Size 200,000-800,000
Legal Strategies
  • Creates an exemption
  • Expressly allows something
Reach Community-wide
Food System Category Distribute; Surplus

Policy Details

Refers to priority populations?
Yes

Deals with food donated to charitable organizatons (see 117.10 (D) and (E ).

Health-related goal?
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).

Environmental goal?
No

Economic goal?
No

Includes findings?
No

Has a stated intent or purpose?
No

Includes definitions?
No

117.01

Addresses implementation?
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).

Enforcement provisions?
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.

Evaluation component?
No

Requires extra 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