[HISTORY: Adopted by the Borough Council of the Borough of Milton 1-21-1976
as Ord. No. 724 (Ch. IX, Part 2, Secs. 11 through 17 of the
1957 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 27.
Zoning — See Ch. 243.
It shall be unlawful for any person, firm or corporation to operate
a retail public establishment, whether temporary or permanent or stationary
or mobile, at which food or drink is served, sold or offered for sale directly
to the public, hereinafter called "retail food establishment," in the Borough
of Milton, Northumberland County, Pennsylvania, without first obtaining a
permit from the Health Officer of the Borough of Milton.
[Amended 11-18-1981 by Ord. No. 875]
A.
The Health Officer of the Borough of Milton shall issue
a permit to each retail food establishment operator on the first day of September
of each calendar year upon receipt of the annual license fee of $25. Such
a permit shall be issued only when the Health Officer has determined that
the retail food establishment operator is not in violation of the requirements
of this chapter.
[Amended 1-25-1995 by Ord. No. 1059]
B.
A permit may be suspended by the Health Officer upon
discovery by the Health Officer that a retail food establishment operator
is in violation of the requirements of this chapter, and a permit may be revoked
by the Health Officer, after an opportunity for a hearing, upon a determination
that the retail food establishment operator has not complied with the requirements
of this chapter after due notification by the Borough Health Officer of such
violation.
There is hereby adopted by the Council of the Borough of Milton for
the purpose of prescribing regulations governing the operation and maintenance
of food establishments in the Borough of Milton that set of rules and regulations
known as "Title 25, Rules and Regulations, Part 1, Pennsylvania Department
of Environmental Resources, Subpart D, Environmental Health and Safety, Article
1, Food Protection, Chapter 151, Food Establishments, adopted September 8,
1971." Not fewer than three copies of said rules and regulations have been
and are now on file in the office of the Borough Secretary and the same are
hereby adopted and incorporated as fully as if set out at length herein, and
from and after the date of the passage and publication of this chapter, the
provisions thereof shall be controlling in regulating retail food establishments
in the Borough of Milton, Northumberland County, Pennsylvania.
There shall be an inspection fee of $25 per inspection per annum.
The Health Officer, or a duly qualified agent appointed by him, may
take samples of food and drink for purposes of examination as often as may
be reasonably necessary for the detection of unwholesomeness or adulteration.
The Health Officer may condemn or forbid the sale of or cause to be removed
or destroyed any food or drink which is found to be unwholesome or adulterated.
The Health Officer of the Borough of Milton shall inspect every retail
food establishment within the Borough of Milton and shall determine that each
retail food establishment operator is in compliance with the requirements
of this chapter before granting the permit as hereinbefore provided.
[1]
Editor's Note: Former § 141-7, Employee examinations,
was repealed 1-25-1995 by Ord. No. 1059.
[Amended 1-25-1995 by Ord. No. 1059]
Any persons, firm or corporation violating any of the provisions of
this chapter shall be required, upon conviction thereof, to pay a penalty
of not less than $50 nor more than $100, plus costs of prosecution, recoverable
before any District Justice, and, upon default of payment of the penalty and
costs, such person or persons may be committed to the county jail for a period
not exceeding 30 days, provided that each day's violation of any provision
of this chapter shall constitute a separate offense.
