§ 16-42-5-25 — Prosecution of violators; orders to abate condition or violation

If, upon inspection of a food establishment,
a local health officer or food environmental health specialist finds an
employer, operator, or other employee to be violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, the local health
officer or food environmental health specialist shall do at least one (1)
of the following:
(1) Furnish evidence of the violation to the prosecuting attorney
of the county or circuit in which the violation occurs. The
prosecuting attorney shall prosecute all persons violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter,
or rules adopted under those provisions.
(2) Report the condition and violation to the state health
commissioner or the commissioner's legally authorized agent. The
state health commissioner may issue an order to the person in
authority at the offending establishment to abate the condition or
violation within five (5) days or within another reasonable time
required to abate the condition or violation. The proceedings to
abate must be in accordance with IC 4-21.5.
[Pre-1993 Recodification Citation: 16-1-20-7.]

Legislative History

As added by P.L.2-1993, SEC.25. Amended by P.L.137-1996, SEC.73; P.L.144-1996, SEC.14; P.L.104-2003, SEC.8; P.L.1-2009, SEC.118; P.L.86-2015, SEC.3.