§ 16-42-5-28 — Civil penalties

Indiana § 16-42-5-28

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 5: Food: Sanitary Requirements for Food Establishments

Text

(a) The state department shall adopt rules
under IC 4-22-2 establishing a schedule of civil penalties that may be
imposed by the state department to enforce either of the following:
(1) This chapter.
(2) Rules adopted to implement this chapter.
(b) A penalty included in the schedule of civil penalties established
under this section may not exceed one thousand dollars ($1,000) for
each violation per day.
(c) The civil penalties collected under this section shall be deposited
in the state general fund.
(d) The state department may issue an order of compliance or
impose a civil penalty included in the schedule of civil penalties
established under this section, or both, against a person who does any
of the following:
(1) Fails to comply with this chapter or a rule adopted to
implement this chapter.
(2) Interferes with or obstructs the state department or the state
department's designated agent in the performance of duties under
this chapter.
(e) The state department may issue an order of compliance against
a person described in subsection (d) under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. The state department may impose a civil
penalty against a person described in subsection (d) only in a
proceeding under IC 4-21.5-3-8.
(f) A proceeding commenced to impose a civil penalty under the
schedule of civil penalties established under this section may be
consolidated with any other proceeding commenced to enforce either
of the following:
(1) This chapter.
(2) A rule adopted by the state department to implement this
chapter.
(g) A corporation or a local health department:
(1) may bring an administrative action to enforce this chapter,
rules adopted to implement this chapter, or the schedule of civil
penalties established by the state department under this section;
(2) may use tickets or citations to enforce this chapter, rules
adopted under this chapter, or the schedule of civil penalties
established by the state department under this section; and
(3) shall deposit in the general fund of the corporation or the local
health department the civil penalties collected under this section.
(h) For each violation of the state law or rules concerning food
handling or food establishments, the state or either:
(1) a corporation; or
(2) a local health department;
may bring an enforcement action against a food establishment.

Legislative History

As added by P.L.266-2001, SEC.15. Amended by P.L.97-2004, SEC.70.