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Food Protection > Enforcement Enforcement

The goal of the ISDH Food Protection Program is to work in conjunction with the food industry to ensure Indiana's citizens that their food supply is safe and wholesome. The Food Protection Program uses the tools of enforcement, when necessary, to help bring food establishments with serious food safety problems in compliance with the food regulations. The enforcement process is utilized only after efforts to bring an establishment into compliance have not been successful.

Understanding the Enforcement Process

When an ISDH Inspector finds a critical violation at a food establishment it will be address at the time of the inspection and then a follow-up inspection may be conducted. A critical violation is defined as any violation that is more likely than other violations to contribute to food contamination, illness, or an environmental health hazard.

1. First Follow-up Inspection

A letter of warning may be issued when there are critical violations after the first inspection. Another follow-up inspection will be conducted.

2. Second Follow-up Inspection

After a second inspection with critical violations one or a combination of the following may be implemented at the discretion of the Food Protection Program:

  1. Letter of warning
  2. Informal hearing in central office
  3. A visit from the central office supervisor or compliance specialist
  4. Another follow-up inspection is conducted.

3. Third Follow-up Inspection

Enforcement action may begin when a firm has three consecutive inspections with repeat critical violations or has a history of noncompliance as determined by the Food Protection Program Manager. Action may include one or more of the following:

  1. Obtain a search warrant, if necessary.
  2. Order of Compliance or a Complaint and Request For Hearing.
  3. Civil penalties levied.
  4. Follow-up inspections conducted as often as necessary to ensure compliance.

How are Civil Penalties Determined?

In 2001, the Indiana General Assembly passed a law which gave the ISDH the authority to promulgate rules establishing civil penalties for any type of food violation. The Schedule of Civil Penalties, Title 410 IAC 7-23 became effective January 4, 2004.

In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the ISDH will consider, but is not limited to, the following:

  1. The potential for harm or imminent threat to public health
  2. The extent of deviation from statutory or regulatory requirements
  3. Degree of willfulness or negligence
  4. History of noncompliance.

The absence of direct harm will not result in assessment of a lower penalty for a violation.

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