§ 94.02. INSPECTION; DISCOVERY OF VIOLATIONS; PROCEDURE.

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 I.C. 16-41-20, 16-41-21, 16-41-23, 16-41-24, 16-41-34, 16-42-5, or 16-42-7, the local health officer or food environmental health specialist shall do at least one of the following:

(A) 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 person violating I.C. 15-2.1-22, 16-41-20, 16-41-21, 16-41-23, 16-41-24, 16-41-34, 16-42-5, or 16-42-7, or rules adopted under those provisions.

(B) 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 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.

(IC 16-42-5-25)