[HISTORY: Adopted by the City Council of the City of Lower
Burrell 6-12-2023 by Ord. No. 4-2023[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Health board — See Ch. 22.
[1]
Editor's Note: This ordinance also repealed former Ch. 172,
Food Handling Establishments, adopted 3-25-1998, as amended.
This chapter provides for the inspection of the business premises,
stock, and equipment of all dealers in food and foodstuffs, for the
issuance of Health Department permits and the schedule of fees and
penalties.
The following definitions shall apply to the interpretation
and enforcement of this chapter:
An inspection to review whether changes have been made to
correct violations that resulted in noncompliant status determined
by a prior inspection.
The Health Officer for the City of Lower Burrell Health Department
or his authorized representative.
Retail food license as defined by 7 Pa. Code Chapter 46 and
Act 106 of 2010 Subchapter A, Retail Food Facility Safety Act.[1]
A license issued for a mobile food vendor in a specific category.
ICE CREAM TRUCKA single vehicle that sells retail food items that are frozen desserts that is mobile and travels the City for sales.
TEMPORARY RETAIL FOOD LICENSEA food vendor that is operating in a single trailer, tent or vehicle or any other structure that sells retail food items for a period of 14 days or less at any one single event or celebration.
FARMERS MARKET VENDORA food vendor that operates in a trailer, tent or vehicle or any other structure that sells raw agricultural commodity at the farmers market. This retail food license is issued for the season of the farmers market.
FOOD TRUCKA food vendor that is operating in a single trailer or truck that sells retail food items for a period of more than 14 days. A maximum of 200 square feet of any type of structure is allowed for each license.
FARMERS MARKET RETAIL HEALTH LICENSEA retail food establishment that operates at the farmer's market.
Any food vendor that is operating in a trailer, tent or vehicle,
or any other structure that is not located inside a permanent commercial
structure that is serviced by municipal water and sewer services.
A retail food establishment that is requesting an annual
food license to begin operations for a location they do not have licensed
in their name for more than 14 days. This retail food license is issued
and expires on December 31 of each year.
An inspection for any licensed retail food establishment
requiring more than two inspections in a twelve-month period due to
repeat violations or verified complaints.
An inspection that is required under PA Act 106 of 2010[2] for a retail food facility or for a retail food facility
that is exempt from licensing (but not inspection) under Subchapter
A, Retail Food Facility Safety Act, or an inspection that is not required
but is requested by the owner or operator of a current or future retail
food facility for any reason. The other inspection fee is due at the
time of the inspection. A certificate of inspection will be issued
after a complaint inspection is completed and all fees collected.
The re-issuance of an annual food license for retail food
establishment operated for more than fourteen days per year that is
not a mobile food vendor. This retail food license is issued and expires
December 31 of each year.
A.
Every retail food establishment selling food in the City of Lower
Burrell shall apply to the Health Department upon forms supplied by
the Department for a retail health license. Retail food establishments
must have retail health license permits on or before January 1. This
permit shall expire December 31, is not transferable, and is valid
for use only by the person or persons owning the business establishment
at the address given at the time of issuance.
B.
Upon submission of an application, the Health Officer shall issue
to the retail food establishment a retail health license, provided
that the Health Officer finds the retail food establishment complying
with the rules and regulations of the City of Lower Burrell Health
Department and the laws of the Commonwealth of Pennsylvania and Federal
Food Code as applicable to his business.
C.
The retail health license shall be posted in a conspicuous place
in or at the place or places for which it is issued.
Each applicant at the time of application shall be required
to pay fees applicable to their businesses set forth in an amount
as established from time to time by resolution of the City Council:
A.
Retail food establishments shall conform to all standards in accordance
with 7 Code Pa. Code Chapter 46.
B.
Any establishment found not conforming to the standards set forth by § 172-3A or B may be cited as per § 172-8. In addition, they may have their license revoked or suspended immediately. Revocation or suspension will be determined by the Health Officer based on the risk for an imminent health hazard to the public. The establishment shall cease operations immediately when the license is revoked or suspended. A license may be suspended for any length of time appropriate up to 72 hours as determined by the Health Officer.
D.
Shall the license be suspended for a period, a complete re-inspection
must be completed and written permission to continue operations obtained
from the Health Officer. Any fees owed to the City must be paid in
full prior to resuming operations.
E.
A sign shall be posted on the entry door(s) of any establishment
whose license is suspended or revoked stating "Closure by the Board
of Health". This sign shall remain posted during the time of the closure
and if removed shall be considered a violation and a separate violation
for each day it remains removed. The sign will be dated, signed by
the Health Officer, have the contact information of the Health Officer,
and will state "It must remain in place until removed by the Health
Officer and it is a violation fine up to $1,000 per day if it is removed".
F.
Shall the licensee request a hearing for a license that has been
suspended or revoked, a hearing will be held by the Board of Health
within 14 business days after receiving written notification requesting
the hearing. The licensee will be notified in writing of the date,
time, and place. The Board of Health will review all facts and statements
and render a written decision within two business days. A hearing
must be requested within 30 days after the revocation or suspension.
A record of the proceeding shall be made either by stenographic means
or electronic recording. The method of the means of recording is at
the discretion of the Board. A licensee may appeal an unfavorable
decision of the Board of Health by filing an appropriate action challenging
the Board's findings with a court of appropriate jurisdiction.
A.
Any retail food establishment found operating without a license shall allow an inspection without delay. Refusal of inspection shall be considered a separate violation and subject to penalty under § 172-8.
B.
Any retail food establishment found operating without a license shall cease all operations immediately upon order of the Health Officer. To not immediately cease operations shall be considered a separate violation and subject to penalty under § 172-8. The establishment shall be posted as in § 172-4E.
The provisions, terms, procedures, appendices, and standards
in 7 Pa. Code Chapter 46, except for 46.1141, License Requirements,
are adopted to the extent they do not conflict with the requirements
of this chapter.
A.
All mobile food vendors must be identified by displaying the name,
city, and state of the business or licensee in at least three-inch
letters in a nonconspicuous place. If the sales are from a vehicle,
this must be displayed on both sides of the vehicle.
B.
All mobile food vendor licenses are issued to a single trailer, tent
or vehicle or any other structure at a single location and are not
transferable to any other trailer, tent or vehicle or any other structure
or any other location.
Any person, firm or corporation who shall violate any provisions
of this chapter or any rule or regulation of the City of Lower Burrell
Department of Health or who interferes with the Health Officer or
any other agent of the Department of Health in the discharge of his
official duties shall, upon conviction thereof, be sentenced to pay
a fine of not less than $300 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
