[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 12-28-1972 by Ord. No. 1019 (Ch. 96 of the 1972 Code). Amendments
noted where applicable.]
The following words and terms, when used in this chapter, unless
the context clearly indicates otherwise, shall have the meanings ascribed
to them in this section:
Refers to any product consisting principally of flour, sugar,
eggs and milk, with or without cornstarch, heated, cooled and applied
to pastry without subsequent heating, and to filled pastry, such as
cream puffs or eclairs, which may be heated subsequent to filling.
Any person who handles food or drink during the preparation
or serving or who comes in contact with any eating or drinking utensils
or who is employed in a room in which food or drink is prepared or
served. This shall include the proprietor or any member of the proprietor's
family who handles food and drink.
Any place where food or beverage intended for human consumption
is kept, stored, manufactured, prepared, dressed, handled, sold or
offered for sale, with or without charge, either at wholesale or retail,
and not consumed on the premises; provided, however, that the term
"food establishment" shall not include a public eating and drinking
place.
The permission granted to a licensee to conduct a public
eating and drinking place or a food establishment.
A holder of a license.
The Board of Health of the Borough of Sharon Hill.
Applies to any food or drink kept or displayed in any store,
place, dispenser or vehicle in the manner in which food or drink is
ordinarily kept or displayed.
Any food or beverage or ingredient, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infection or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
Any person, partnership, association or corporation conducting
or operating within the limits of the Borough a public eating or drinking
place or a food establishment.
Restaurant; coffee shop; cafeteria; short-order cafe; diner;
luncheonette; tavern; sandwich stand; soda fountain; private club;
dining room or snack bar; industrial kitchen or any other place where
food, drinks or refreshments are sold, prepared and served or given
away to be consumed on the premises; provided, however, that this
definition shall not be interpreted to include boardinghouses or private
homes.
Includes oysters, clams, scallops or mussels, fresh or frozen,
and any shrimp, crab or lobster, fresh, frozen or cooked but not packed
in a sealed container, and any other mollusks, fresh or frozen, intended
for human consumption.
A.
It shall be unlawful for any person to operate a public eating and/or
drinking place or food establishment in the Borough who does not possess
a license from the Board of Health of the Borough of Sharon Hill.
The fee for such license shall be as set from time to time by resolution
of the Borough Council. Licenses shall be granted for a period of
one year (calendar) or portion thereof. Such license shall be conspicuously
displayed at all times in the place thereby licensed and shall not
be transferable. Application for renewal of a license shall be made
at least 10 days before the expiration of the existing license. If
additional inspections may become necessary, an additional fee shall
be charged.
[Amended 5-24-2012 by Ord. No. 1359]
B.
Suspension or revocation of license. The Board of Health on its own
motion, or on complaint and after investigation and hearing, at which
the licensee shall be afforded an opportunity to be heard, may suspend
or revoke any license for any violation of the provisions of this
chapter or of any rule or regulation of the Board of Health or other
law relating to the public health and being applicable to such public
eating or drinking place or food establishment, or of any of the terms,
conditions or provisions of the license by the licensee or by his
partner, agent, servant or employee, or by any person whose activities
or employment are regulated by this chapter. Notice of suspension
or revocation and the reason therefor, as well as any required notice
of hearing, shall be given in writing to the licensee or to any employee
at the address contained in the license. Suspension of license shall
be terminated when the violation for which it was imposed has been
found, upon inspection, to have been corrected. Whenever a license
is suspended or revoked, no part of the fee paid therefor shall be
returned to the holder.
A.
No proprietor shall hereafter keep in his employ any employee known
to be afflicted with disease in communicable form. No proprietor or
manager of any establishment covered in this chapter shall employ
or continue to employ any person as a food handler if such proprietor
or manager has a valid reason to suspect such person is afflicted
with disease in a communicable form.
B.
The Health Officer shall have full power and authority at any time
to require such examination and tests as may be necessary to determine
whether any food handler has a disease in a communicable form or is
a carrier of a communicable disease. It shall be the duty of any food
handler to submit to such examinations at the request of the Health
Officer, and any food handler who shall refuse to submit to such examination
shall not be employed or continued as a food handler in any public
eating and/or drinking place or food establishment in the Borough.
C.
Disease control. No person who is afflicted with any disease in a
communicable form or is a carrier of such disease shall work in a
public eating or drinking place or food establishment, and the proprietor
of such place shall not employ such person or persons suspected of
being afflicted with any disease in a communicable form or being a
carrier of such disease. If the proprietor suspects any employee has
contracted any such disease in a communicable form or has become a
carrier of such disease, he shall notify the Borough Health Officer
immediately.
D.
Procedure when infection is suspected. Where there is reasonable
ground for the Health Officer to suspect there is transmission of
infectious disease from any employee of a public eating or drinking
place or food establishment to the public, the Health Officer is authorized
to require the proprietor of the said eating or drinking place or
food establishment to forthwith carry out any of the following measures:
(1)
The immediate exclusion of the employee from the said public eating
and drinking place or food establishment.
(2)
The immediate closing of the public eating or drinking place or food
establishment until the danger of disease outbreak ceases to exist.
(3)
Adequate medical examinations of the employee and his associates,
including appropriate laboratory examinations.
E.
Food handlers. All employees are required to obtain a food handler's
certificate from the Health Officer within five days of employment.
All employees who work five days in any calendar month shall have
a certificate.
A.
Floors. The floors of all rooms in which food or drink is prepared
or stored or in which utensils are washed shall be of such construction
as to be easily cleaned, shall be smooth and shall be kept clean and
in good repair. In the case of all new establishments, the floors
of all rooms in which food or drink is prepared or stored or in which
utensils are washed shall be constructed of material impervious to
water and shall be provided with a sanitary base and with adequate
and sufficient drains to permit cleaning.
B.
Walls and ceilings. Walls and ceilings of all rooms in which food
and drink are prepared, served or stored or in which utensils are
washed or stored shall be kept clean and in a sanitary condition.
The walls of all such rooms shall have a smooth, washable surface
and shall be finished in a light color. No paper or oilcloth coverings
are permitted on walls of kitchens and food-preparation rooms.
C.
Kitchen. The rooms in which food is prepared shall be of adequate
size and construction to permit easy cleansing and unhampered performance
of all kitchen operations.
D.
Utensils and equipment. All eating and cooking utensils and all showcases
and display cases or windows, counters, shelves, tables, booths and
refrigerating and other equipment shall be of a sanitary design and
construction and so located as to be easily cleaned and shall be kept
clean and in a sanitary condition. Plates, cups, saucers, dishes,
crockery and chinaware which are cracked, chipped or broken shall
not be used to contain food or drink.
E.
Doors and windows. When flies are prevalent, all openings into the
outer air shall be effectively screened (April 1 to December 1) with
not less than sixteen-mesh wire. Doors shall be self-closing, unless
other effective means are provided to prevent the entrance of flies.
All screen doors shall open outward.
F.
Lighting. All rooms in which food or drink is prepared or in which
utensils are washed shall be well-lighted with adequate natural or
artificial lighting.
G.
Ventilation. All rooms in which food or drink is prepared or served
or in which utensils are washed shall be well-ventilated. There shall
be openings to the outer air at least equal to 5% of the floor area.
In the case of artificial ventilation where food is prepared, facilities
must be provided for at least eight air changes per hour. In no case
shall recirculation of air be permitted. All rooms in which food or
drink is served shall be provided with at least five air changes per
hour and not more than 50% of recirculated air shall be permitted.
All cooking units shall be hooded and vented to the outside air by
forced draft; provided, however, that the latter requirement shall
not apply to a simple bread toaster or coffee urn. When cooking units
are vented to the outside air, the vents shall be carried above the
highest window of said building.
A.
All public eating, drinking and food establishments shall provide
separate toilet facilities for each sex.
B.
Toilet rooms. Toilet rooms shall not open directly into any room
in which food or drink is prepared or handled. An intervening vestibule
of at least three feet by three feet shall be provided. The doors
of all toilet rooms and vestibules shall be self-closing. Toilet rooms
shall be kept clean, in good repair, well-lighted and properly ventilated
by exterior windows or mechanical means. The walls and ceilings shall
be of a smooth, washable surface and shall be finished in a light
color.
C.
Handwashing facilities with running hot and cold water, sanitary
towels and soap shall be in or adjacent to the toilet room. The use
of a common towel is prohibited. Handwashing signs shall be posted
in each toilet room used by food handlers. No food handler shall return
to work after using the toilet without first washing his hands.
D.
Lavatory facilities. All kitchens, stands and counters where food
is prepared shall be equipped with or have adjacent thereto separate
handwashing facilities for washing and cleansing of the hands, equipped
with running hot and cold water, soap and sanitary towels.
Running hot and cold water under pressure of not less than 15
pounds per square inch shall be easily accessible to all rooms in
which food is prepared or utensils washed, and shall be adequate and
of a safe, sanitary quality.
A.
In all public eating and drinking places where dish or utensil washing
is done by other than mechanical means, no less than three-compartment
sinks shall be provided and equipped with running hot and cold water.
There shall be a drainboard of a material impervious to moisture affixed
to each end of the unit.
B.
Accepted methods of dishwashing:
(2)
Alternative method.
(a)
Wash: water 110° F. to 130° F.
(b)
Rinse: warm water.
(c)
Sanitize: with a chemical such as hypochlorite compounds or
chlorine-containing compounds of equal efficiency at a minimum concentration
of 100 parts per million for at least 30 seconds; quaternary ammonium
compounds at a minimum concentration of 200 parts per million for
at least 30 seconds; iodophor compounds at a minimum concentration
of 12.5 parts per million for at least 30 seconds.
C.
Cleaning and bactericidal treatment of utensils and equipment. All
equipment, including display cases or windows counters, shelves, tables,
refrigerators, stoves, hoods and sinks, shall be kept clean and free
of dust, dirt, insects and other sources of contamination. All clothes
used by waiters, chefs and other employees shall be kept clean. All
eating and drinking utensils, except single-service utensils, shall
be thoroughly cleaned and subjected to an approved bactericidal process
after each use and, at the time of service to the public, shall be
thoroughly clean and sterilized. All multiuse containers and utensils
used in the preparation, cooking and serving of food and drink shall
be thoroughly cleaned and subjected to an approved bactericidal process
immediately following the day's operation. Towel-drying is not
permitted.
D.
Storage and handling of utensils and equipment. After cleaning and
sterilizing, all utensils and equipment must be stored above the level
of the floor in a clean, dry place, protected from flies, dust or
other contamination, and no utensils shall be handled except in such
a manner as to prevent contamination. Single-service utensils shall
be purchased only in sanitary containers and shall be stored therein
in a clean, dry place until used and shall be handled in a sanitary
manner. Kitchens shall be used only for cooking and for storage of
food products and of kitchen, cooking or eating utensils and equipment
in use.
All liquid waste resulting from the cleansing and rinsing of
utensils and floors and from flush toilets and lavatories must be
disposed of in a public sewer. All garbage must be stored in nonleaking
metal containers with tight-fitting lids or in an approved waste-material
storage room and be covered at all times. Garbage and other waste
material must be removed from the premises as often as necessary to
prevent a nuisance and must be disposed of in a manner to be approved
by the Board. All garbage and waste-material receptacles must be washed
and emptied and treated with disinfectant if necessary to prevent
a nuisance. Adequate can-washing facilities shall be provided.
All readily perishable food and drink shall be kept at temperatures
lower than 40° F., except when being prepared or served. All refrigerators
must be equipped with an indicating thermometer and maintained in
a clean and sanitary condition.
A.
All food and drink shall be wholesome and free of spoilage. All milk,
ice cream and other frozen dairy products shall be from sources approved
by this Board. Milk must be served in or from the half-pint container
in which it was received from the distributor, or by other methods
approved by this Board. This requirement shall not apply to cream,
which may be served from the original bottle or from a dispenser approved
by this Board. In the case of milk drinks, the milk used shall include
the entire contents of the original container. No part or parts of
food previously served to a customer can again be served in any form
to other customers. This requirement includes the remaining portions
of crackers, cream, bread, slaw, unused salads, butter, jellies and
other foods which are not served in tightly covered dispensers, or
any other parts of other foods that have been served as a part of
a meal and with which there has been possible human contact.[1]
B.
No cream puffs, eclairs, napoleons, cream pies, cream-filled layer
cakes and similar products containing custard or whipped cream shall
be sold or stored unless kept in a storage compartment, the maximum
temperature of which is not greater than 40° F.
C.
All oysters, clams and mussels shall be from approved sources. The
shells of shellfish used for service cannot be reused. All ice shall
be from an approved source.
All food and drink shall be stored, handled, cooked, processed,
prepared, displayed or dispensed as provided in this chapter. Sugar
served in all public eating and drinking places shall be dispensed
from containers which provide protection against dirt, dust and any
other contamination due to human handling, except in the case of lump
or packaged sugar which is individually wrapped. Unwrapped or otherwise
unprotected displayed food which is subject to contamination through
public handling, coughing or sneezing shall be protected by means
of glass or similar partitions or through other approved means.
All food handlers shall wear clean garments and shall keep their
hands and fingernails clean at all times when engaged in handling
of food, drink, utensils or equipment. All female employees shall
wear hair nets. All male employees shall wear caps while engaged in
the preparation of food. All food handlers who in any manner come
in contact with or handle food shall, before beginning work, thoroughly
wash their hands with soap and water. No employee shall use tobacco
in any form while engaged in the handling of food and drink.
All persons engaged in the operation of any public eating and
drinking place or food establishment shall be required to take all
necessary precautions to keep the premises free of rats and vermin.
In the case of rat or vermin infestation, operators shall report such
infestation to this Board for the purpose of procuring proper advice
and instructions in order to eliminate the nuisance. In the case of
all new establishments, all rooms in which food and drink are prepared,
stored or served shall be of a ratproof construction.
Any official representative of this Board, in the performance
of any duty imposed by this chapter, shall have full access to any
place, container or conveyance used in the production, preparation,
manufacture, packing, storage, transportation, handling, distribution
or sale of any food. He shall be entitled to make an examination,
or open any package or container and take therefrom a sample for analysis,
of any food manufactured, sold, exposed for sale or found to be in
possession of the proprietor in violation of any provisions of this
chapter.
A.
Every person who shall distribute or sell, or offer for distribution
or sale, or have in his possession any food shall, on request and
tender of the value by an official representative of this Board, deliver
as much thereof to such representative as may be requested as a sample.
If such request is not immediately complied with, this Board or its
official representative may demand and take as much of the food as
it may think necessary, tendering to the person in charge what it
deems to be its reasonable value.
B.
At no time shall a proprietor have in his possession, either for
sale or not for sale, food which is unfit and is likely to cause illness
or transmit disease. When, in the opinion of this Board or its official
representative, such food exists, it shall be ordered denatured, removed
and disposed of. It shall be the duty of the owner or person in charge
of such substance to remove it immediately and dispose of it, at his
own expense, according to the direction of this Board. In case the
owner or person in charge shall fail to remove immediately and dispose
of such substance as ordered, the same shall be caused to be denatured,
removed and disposed of by this Board at the expense of the owner
or person in charge.
A.
Personal cleanliness. Every food handler shall wear clean outer garments,
shall maintain personal cleanliness, shall keep hands and fingernails
clean at all times while engaged in handling food, drink, utensils
or equipment. No employee shall use tobacco in any form while engaged
in the handling of food or drink.
B.
Disease control. No person suffering from a communicable disease transmissible through food or drink, or who is known to be a carrier of the organisms causing such disease, and no person suffering from a local infection transmissible through food shall be employed in any food establishment at which food or drink is prepared or dispensed. The provisions of § 276-3A, C, D(1), (2), (3) and E of this chapter shall apply to all persons employed in food establishments.
C.
Locker spaces. Soiled linens, aprons and other articles used in the
preparation, storage or handling of food or drink shall be kept in
verminproof containers provided for the purpose. Clothing shall not
be hung or placed in proximity to exposed food or drink. When required
by the Health Officer, suitable and adequate rooms for changing clothes
and locker space shall be provided.
A.
General. No food or drink shall be kept, sold, offered for sale,
manufactured, cooked, processed, prepared, displayed, dispensed or
transported unless it shall be protected at all times from dust, dirt,
flies, vermin, handling, droplet infection, overhead leakage or other
contamination. Such food or drink shall be subjected to or maintained
at such temperatures while being kept, displayed, transported or offered
for sale as shall prevent undue or abnormal deterioration, decomposition
or spoilage. Food displayed or exposed for retail sale shall be at
least 24 inches above the floor, unless it is completely enclosed
by covering or containers.
B.
All deliveries of perishable foods to food establishments shall be
made inside the store, unless food is stored in containers approved
by this Board.
A.
All sinks shall be equivalent to or in excess of the specifications
in the National Sanitation Foundation Standards.
B.
Accepted method for hand dishwashing.
(1)
Three-compartment sink required.
(3)
Alternative method of washing.
(a)
Wash: water 110° F. to 130° F.
(b)
Rinse: warm water.
(c)
Sanitize: with a chemical such as hypochlorite compounds or
chlorine-containing compounds of equal efficiency at a minimum concentration
of 100 parts per million for at least 30 seconds; quaternary ammonium
compounds at a minimum concentration of 200 parts per million for
at least 30 seconds; iodophor compounds at a minimum concentration
of 12.5 parts per million for at least 30 seconds.
A.
The mechanical dishwashing installation shall be of an approved method.
Heating facilities and thermostatic controls to provide hot water
at a minimum temperature of 180° F. for the final rinse shall
be provided on mechanical dishwashing equipment. Each mechanical dishwashing
machine shall be equipped with accurate thermometers.
B.
The proprietor of an eating and drinking establishment shall have
available upon the premises of the establishment the original container
in which the chemical sanitizer currently employed was received from
the distributor.
In all food establishments, adequate cleansing of utensils is
required. An adequate supply of running hot and cold water under pressure
of not less than 15 pounds per square inch, an adequate supply of
suitable cleanser and suitable and adequate facilities for the cleansing,
disinfecting and storage of utensils shall be provided.
A.
Water supply. Running hot and cold water under pressure of not less
than 15 pounds per square inch shall be easily accessible to all rooms
in which food is prepared or utensils washed, and shall be adequate
and of a safe, sanitary quality as provided.
B.
Waste containers. In every food establishment, adequate and suitable
metal containers with tight-fitting lids shall be provided and used
to receive waste and refuse. All refuse shall be removed from the
premises at frequent intervals so as not to create a nuisance.
A.
Adequate refrigeration shall be provided at all times for all perishable
food and drink. Refrigerators shall be maintained in good repair and
in a clean and sanitary condition.
B.
The following temperatures shall be maintained at all times:
|
Foods
|
Temperatures
| |
|---|---|---|
|
Frozen foods
|
0° F. or below
| |
|
Meat and meat products, cooked food of animal origin, milk and
milk products and other perishable foods
|
40° F. or below
| |
|
Seafood and fresh poultry
|
32° F. or below
|
C.
Indicating thermometers shall be provided in all refrigerators and
refrigerated cases and shall be so located to indicate an accurate
temperature reading in the upper 1/4 part of the refrigerated storage
section.
A.
No meat or meat products shall be offered for sale, displayed, sold
or kept in any food establishment unless such products shall have
first been inspected and approved by an authorized agent either of
the Bureau of Animal Industry, United States Department of Agriculture,
or of the Bureau of Animal Industry, Pennsylvania Department of Agriculture.
This Board may, at its discretion, permit the sale of meat or meat
products which have been inspected and approved by a duly authorized
agent who is a qualified and licensed veterinarian appointed under
an ordinance of a municipality of this commonwealth, provided that
the procedure followed in conducting inspections, including the facilities
for making the same; the requirements with respect to the sanitation
of the establishment; and the marking, branding or identifying of
meat or meat products shall conform to the regulations of the United
States Department of Agriculture or the Pennsylvania Department of
Agriculture.
B.
All meat or meat products offered for sale, displayed, sold or stored in any food establishment shall be marked in a clear and legible manner with the official meat inspection legend, as provided in the foregoing Subsection A.
C.
Any slaughtering, meat canning, curing, smoking, salting, packing,
rendering or other similar establishment where meat or meat products
are prepared for sale in the Borough, regardless of whether such establishment
is located within the Borough, shall be subject to inspection by this
Board.
A.
No oysters, clams or other shellfish shall be sold or offered for
sale in the Borough unless such shellfish shall have been produced
and shipped in conformity with the regulations of the state in which
they were grown or packed, and unless the shipment shall be accompanied
by a tag, label or other mark approved by the Pennsylvania Department
of Health, showing the shipper has been duly certified by the state
in which his plant is operated, such certificate having been approved
by the United States Public Health Service for shipments in interstate
commerce.
B.
All shellfish shippers, reshippers, packers and wholesalers shall
keep for 60 days an accurate record of the source, date and quantity
of all lots of shellfish received and the name and address of the
consignee to whom each lot or part thereof is consigned, with the
date and quantity, in order that lots of shellfish dispensed may be
identified with corresponding lots of shellfish received. When an
original shipment of shellfish is broken down into smaller lots, each
lot shall have attached thereto a split-lot tag of the type approved
by the Pennsylvania Department of Health. The said records shall be
subject to inspection by the Health Officer. All retailers shall keep
an accurate record, subject to such inspection, of the source, date
and quantity of all lots of shellfish received.
C.
Shellfish shall be so handled and stored as to maintain it in a clean,
wholesome condition.
D.
Shell stock (shellfish not removed from the shell) shall be shipped in clean containers, each container having an approved tag attached thereto as provided in Subsection B hereof. Bulk shipment by truck or can is prohibited.
E.
All establishments in which shellfish are shucked, washed, packed,
repacked, stored or otherwise handled shall conform to all the provisions
of this chapter and the rules and regulations of the Board.
F.
All rooms in which shucked oysters are washed, packed, repacked,
stored or otherwise handled shall be separate and apart from the rooms
in which oysters are shucked.
G.
Such establishments shall be provided with an ample and convenient
supply of pure cold water for washing the shucked stock and flushing
purposes and hot water for cleansing receptacles and utensils.
H.
All receptacles in which shucked stock is placed and other utensils
which come into contact with the shucked stock shall be noncorroding
material with smooth surface and of such shape as will facilitate
thorough cleansing. They shall be cleansed before use.
I.
Shucked stock shall be thoroughly washed in pure cold water and,
subsequent to such washing, shall not be handled except with clean
utensils.
J.
Shucked stock shall be packed in clean containers sealed in such
a manner that any tampering will be easily discernible and marked
with the name, address and identification mark of the packing establishment,
together with the quantity of shellfish contained therein.
K.
Proper refrigeration shall be provided in all places where shucked
stock is kept and during shipment. The cooling of shellfish to a temperature
of 40° F. or less shall be effected within two hours after the
shellfish is shucked. No ice or other foreign substance shall be allowed
in contact with the shucked stock.
A.
Restriction on sale. No custard-filled and whipped-cream pastry shall
be kept, offered for sale or sold except on the day of manufacture
thereof. The day of manufacture shall be the day on which manufacture
is completed but may include not more than two hours preceding 12:00
midnight of the previous day.
B.
Manufacture. The entire custard mix to be used in the manufacture
of custard-filled pastry shall be brought to and held at a temperature
of not less than 200° F. continuously for not less than 10 minutes
and, within one hour thereafter, placed in a refrigerating temperature
of not over 40° F. and kept at or below such temperature until
applied to the pastry.
C.
Holding temperature. No custard-filled or whipped-cream pastry shall
be kept, displayed, offered for sale or transported unless immediately
after manufacture it shall have been cooled to and maintained at all
times at a temperature of 40° F. or lower, in clean containers
filled to a depth of not more than three inches. Other perishable
foods shall be held either at a temperature of 40° F. or lower
or at a temperature of 150° F. or higher.
D.
Packaging and labeling. No custard-filled pastry shall be sold either
wholesale or retail or transported for retail delivery unless it shall
be wrapped or packaged so as to protect the contents from contamination.
Such wrapper or package shall bear prominently on the outside thereof,
in legible letters, the name of the manufacturing baker, the day of
manufacture and the following statement: "Refrigerate and Consume
Today."
E.
Condemnation. Custard-filled or whipped-cream pastry or perishable food manufactured, kept, displayed or served in violation of the provisions of § 276-25 of this chapter is hereby declared to be dangerous to the public health and, as such, subject to condemnation by an authorized representative of this Board.
F.
Transportation of bakery products. No person shall transport or deliver
bakery products unless such products are fully enclosed in a clean
and sanitary container. Multiple-use containers shall be of such design
and construction as to facilitate cleaning and shall be kept clean
and sanitary. The reuse of cardboard or paper containers or liners
is prohibited.
Such samples of food, drink, ingredients, containers or any
substance used in connection with the preparation of food or drink
may be taken by a duly authorized representative of this Board for
examination as often as may be deemed necessary for the detection
of an impure or unsanitary condition. Any food, drink or any substance
used in connection with the preparation of food or drink sold, offered
for sale or kept may be condemned, removed or destroyed by or under
the direction of a duly authorized representative of this Board if,
in the judgment of such representative, such food, drink or substance
is decomposed, impure, unfit for human consumption or dangerous to
the public health. Any such food, drink or other substance may be
stopped from sale or use and placed under an embargo by such representative
of this Board for such reasonable period of time as may be required
to make investigations or examination, if such may be necessary to
determine that such food, drink or other substance is decomposed,
impure, unfit for human consumption or dangerous to the public health.
No such food, drink or other substance shall be used, removed, destroyed
or otherwise disposed of while under such embargo, except by or under
the direction of a representative of this Board.
Whenever the proprietor of a public eating or drinking place
or food establishment shall fail to keep his public eating or drinking
place or food establishment in a sanitary condition, or whenever food
or drink or the sale of the same is likely to cause or transmit disease,
this Board, upon proper notification, shall order closed such public
eating or drinking place or food establishment until it shall have
been put in a sanitary condition or until the food or drink or the
sale of the same shall be no longer likely to cause any illness or
transmit disease. The proprietor of the public eating or drinking
place or food establishment, when so ordered, shall immediately comply
with and obey such order and shall not conduct further operation until
permission has been granted by this Board.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this chapter or any rule or regulation promulgated thereunder
before any Magisterial District Judge shall be sentenced to pay a
maximum fine as provided from time to time by state statute, together
with costs of prosecution, or to imprisonment in the county jail for
a term not to exceed 30 days, or both. Every day such violation shall
continue after notice to cease has been given by an authorized officer
of the Borough of Sharon Hill shall constitute a separate offense.
The following additional rules and regulations shall also be
in effect:
A.
Rule 1. The premises of all public eating places, drinking places
and food establishments shall be kept clean and free of litter or
rubbish.
B.
Rule 2. No sleeping facilities or domestic activities shall be permitted
in any room which is part of or which opens into any room where food
is prepared, stored or served or in which utensils are washed and
stored.
C.
Rule 3. Adequate lockers or dressing rooms shall be provided for
employees' clothing and shall be kept clean.
D.
Rule 4. Soiled linens, coats and aprons shall be kept in verminproof
containers provided for this purpose.
E.
Rule 5. No public eating or drinking place or food establishment
shall be located in any cellar, basement or other place below the
natural surface of the ground, except with the written permission
of this Board.
F.
Rule 6. Bulk ice cream cannot be dispensed unless running water is
provided next to the cabinet containing the ice cream. The utensils
used in dispensing bulk ice cream must be sterilized frequently, washed
by running water after each usage and kept dry when not in use.
G.
Rule 7. No article, polish or any substance containing any cyanide
preparation or other poisonous materials shall be used for the cleaning,
disinfecting or polishing of utensils or containers used in preparation
or handling of any food or drink.
H.
Rule 8. No substance containing any cyanide, fluoride, lindane or
other poison shall be kept or used as an insecticide or exterminator
in any place where food and drink are exposed during sale, preparation,
holding or handling, or in such manner as to contaminate such food
or drink.
I.
Rule 9. No person shall bring or permit to be brought into the dining
room, kitchen or storeroom of any public eating or drinking place
or food establishment any dog, cat or other animal. This section shall
not apply to a blind person led by a trained dog.
J.
Rule 10. No live animals or fowl shall be permitted or kept in any
room where food or drink is stored, prepared, handled or served.
K.
Rule 11. No food or drink which is impure, decomposed or dangerous
to the public health, or which has been so treated as to conceal inferiority,
or which has been manufactured, cooked, processed, prepared, handled
or stored and does not comply with and conform to the requirements
of this chapter and rules and regulations shall be kept, sold or offered
for sale for human consumption.
L.
Rule 12. All unlabeled canned goods and cans showing rust, leakage
or evidence of internal pressure shall not be offered for sale or
given away.
