A certain document, three copies of which have been and are presently on file in the office of the Health Officer of the Borough of Columbia being marked and designated as "Food Code 2001," published by the Public Health Service of the United States Food and Drug Administration of the United States Department of Health and Human Services, or any subsequent version thereof adopted by the Public Health Service of the United States Food and Drug Administration of the United States Department of Health and Human Services, be and hereby is adopted as part of this chapter for the regulation and control of food service sanitation within the Borough of Columbia and each and all of the regulations of said Food Code 2001 or any subsequently adopted Food Code of the Public Health Service of the United States Food and Drug Administration of the United States Department of Health and Human Services, except as provided in § 126-6 hereof are hereby referred to, adopted and made a part hereof as if fully set forth herein with the additions, insertions, deletions and changes, if any, prescribed in § 126-6 of this article.
Additions, insertions, deletions and changes to the standards of the Food Code 2001, as amended from time to time, are as follows:
A.
"Food-service establishment" means any establishment or section of an establishment where food is prepared, kept, stored, manufactured or packaged or served, sold or offered for sale, with or without charge. The term shall include eating and drinking places, food stores and food vendors. The term shall not include food or beverage vending machines or private homes where food is prepared and served for individual family consumption.
B.
"Eating and drinking place" shall mean any food-service establishment where food is provided in individual portion service for consumption on the premises. The term includes a restaurant, coffee shop, cafeteria, cafe, luncheonette, tavern, sandwich stand, soda fountain, private club, and the food preparation and dining areas of hospitals, industrial plants, churches, schools and other educational institutions, including day-care facilities. The term shall not include food stores or food vendors.
C.
"Food store" shall mean any food-service establishment where food and food products are kept, prepared or offered to the customer and intended for consumption off of the premises. The term includes a supermarket, grocery, food-processing establishment, distributor, commissary, take-out, bakery and candy store. The term shall not include an eating and drinking place or food vendor.
D.
"Food vendor" means any person, not a licensed caterer, who transports, distributes or sells food using a mobile food unit, including a push cart or hand-carried container, with the exception of the transportation of food for delivery to licensed food-service establishments, such as food store or eating and drinking places, and the home delivery of milk and bakery products already under inspection. The term includes food service delivery persons who deliver restaurant take-out meals and/or prepared meals to the public.
E.
"Milk and milk products" shall mean fluid milk and fluid milk products used or serviced shall be pasteurized and shall meet the Grade A quality standards as established by law. Dry milk and dry milk products shall be made from pasteurized milk and milk products.
F.
Section 1-201.10(B)(32) as amended from time to time, shall be amended to include the following statement:
Food shall be in sound condition, free from spoilage, filth or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a food-processing establishment is prohibited. Where food is processed outside the Borough of Columbia in a place or establishment other than a food-processing establishment and used or sold in the Borough of Columbia, written permission from the Health Officer of the Borough of Columbia to inspect such establishment shall be secured by the applicant. In lieu of such inspection, the Health Officer of the Borough of Columbia may accept reports from a responsible Health Officer of the processor's municipality. Food prepared in a home shall not be used, served or offered for sale.
G.
A new Section 3-202.10 shall be added which shall provide as follows:
All deliveries of food shall be made inside the establishment unless food is stored in containers approved by the Health Officer of the Borough of Columbia.
H.
Section 3-305.14, as amended from time to time, shall be revised to include the following statement:
No food preparation shall be allowed in any cellar, basement, or other place below the natural surface of the ground except with the written permission of the Board of Health of the Borough of Columbia.
I.
Section 6-404.11, as amended from time to time, shall be amended to state as follows:
Products that are held by the permit holder, such as unlabeled canned goods and cans showing rust, leakage or evidence of internal pressure, shall not be used, offered for sale or given away. Food items that are spoiled or that are in damaged containers that may affect the product and those items that have been returned to or are being detained by the food establishment because of spoilage, container damage or other public health considerations shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens and single-service and single-use articles, pending proper disposition unless disposed of under the supervision of the regulatory authority.
J.
A new Section 3-501.10 shall be inserted and shall provide as follows:
Potentially hazardous foods that are in a form to be consumed without further cooking, such as salads, sandwiches, and filled pastry products shall be prepared from chilled products.
K.
A new Section 3-603.10 shall be inserted which shall provide as follows:
When food sample demonstrations and food promotions are authorized in a food establishment, the person in charge shall insure that such activities comply with Chapter 2, Chapter 3, and Section 4-103 of this Code.
L.
Section 2-301.14, as amended from time to time, shall be amended to include the following provision:
Employees shall thoroughly wash their hands and the exposed portion of their arms with soap and water before starting work.
M.
Section 4-601.11, as amended from time to time, shall be amended to include the following provision:
Cutting surfaces subject to scratching and scoring shall be resurfaced so as to be easily cleaned or shall be discarded when the surfaces can no longer be effectively cleaned and sanitized.
N.
Section 4-202.11(A), as amended from time to time, shall be amended to include the following provision:
All wall-mounted equipment, including shelves and horizontal utility lines, shall be located at least 1/2 inch from the wall, unless effectively sealed in a manner acceptable to the Health Officer.
O.
Section 4-301.12, as amended from time to time, shall be amended to include the following provision:
Each compartment of the sink shall be supplied with hot and cold potable running water.
P.
Section 5-203.12, as amended from time to time, shall include the following provision:
In any establishment where food is provided to patrons for consumption on the premises, a toilet facility for men and a toilet facility for women shall be provided. Toilets used by patrons shall be located so as not to require the patrons to pass through any food preparation areas.
Q.
Section 6-202.14, as amended from time to time, shall include the following provision:
Louvers may be installed in doors, if necessary, for ventilation.
R.
Section 5-203.11, as amended from time to time, shall include the following provision:
At least one hand-washing sink and not fewer than the number of hand-washing sinks required by law shall be installed for patrons in all toilet facilities.
S.
A new Section 8-303.25, Mobile Food Units, shall be inserted which shall provide as follows:
Mobile food units or push carts serving only food prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of this Code or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment need not comply with the requirements of this Code pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitation of equipment and utensils if the required equipment for cleaning and sanitation exists at a food-processing establishment.
a.
There shall be no preparation on a mobile food unit or push cart except for those items approved at the time of application. All food in the possession of a food vendor shall be prepared, wrapped and sealed in individual containers at a commissary or food-processing establishment. The food shall remain therein until received by the consumer. Beverages, exclusive of milk and milk products, may be dispensed in bulk from an approved container.
b.
Sandwiches and other packaged food shall be kept under dry refrigeration. Beverages may be stored in ice so long as drains are provided which prevent the accumulation of water in the storage compartment.
c.
Garbage and refuse shall be stored in easily cleanable, insect-proof containers with tight-fitting lids which shall be emptied at least nightly. A trash container shall also be accessible to the public for depositing wrappers and litter.
d.
Section 8-303.25 shall be amended by adding a sentence at the end of the paragraph which shall provide that "The name of the establishment shall appear on both sides of any mobile food unit or push cart in letters at least two inches high."
T.
A new Section 8-302.15, Applications, Permits and Inspections, shall be added which shall provide as follows:
A permit, license or certificate shall be granted for a period of one year from the date of issuance. Application for renewal shall be made at least one-month prior to the expiration of the existing permit, license or certificate. All food vendor permits shall expire on December 31 following their issuance. Application for renewal of a permit shall be made prior to December 1 of each year for a further period of 12 months.
U.
The following provisions shall be added and shall provide as follows:
a.
An annual renewal/inspection fee shall be paid at the time of application based upon the type of food-service establishment set forth in the Borough schedule of fees as adopted and amended from time to time by Borough Council of the Borough of Columbia.
b.
An application for a permit, license or certificate shall expire by limitation at the end of three months from the date of receipt unless the Health Officer, upon written request of the applicant presented prior to the expiration date, extends the period due to unusual circumstances. When an application shall have expired by limitation, the applicant, upon written request, shall be entitled to receive a refund of an amount equal to 50% of the annual inspection fee. No refund shall be made after six months following the initial application.
c.
Whenever an inspection of a food-service establishment is made, the findings shall be recorded on an official inspection report form of the Borough of Columbia. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made; however, omission of such section numbers shall not affect the validity of the inspection report. A copy of the competed inspection report form shall be furnished to the person in charge of the establishment.
V.
Section 8-405.11, as amended from time to time, shall be amended to include the following provision:
All violations involving sanitation or the presence of insects and rodents shall be corrected within 24 hours or as noted on the inspection form. A follow-up inspection shall be conducted by the Health Officer to confirm correction.
W.
A new Section 8-403.15, Inspection Report Form, shall be added to and shall provide as follows:
The inspection report form shall be the current inspection form used by the regulatory authority.
X.
A new Section 8-201.20, Outdoor Dining, shall be added which shall provide as follows:
a.
An eating and drinking place or a food store required to be licensed by the Borough of Columbia under this article may apply for an addendum to that license for the consumption, but not the service, of food and/or nonalcoholic drinks outside of an enclosed or screened structure at the licensed premises, provided that it limits the number of seats available for such purpose to 12. Such license addendum shall be subject to the following:
1.
Each application shall be accompanied by a floor plan drawn to scale showing the location of tables and equipment, composition of materials used and required setbacks.
2.
Tables and chairs must not obstruct or interfere with the use of alleyways, driveways, parking areas or sidewalks and must be arranged to maintain free and unobstructed aisles and exitways.
3.
Surfaces of tables shall be smooth, durable, and sealed to render them easily cleanable. Convenient and adequate trash receptacles with self-closing lids shall be provided.
4.
The license addendum shall only be granted to an establishment which has not permitted health and sanitation violations or permitted refuse, litter or trash on the licensed premises to remain uncollected, which has not been issued repetitive notices of the same or similar violations under this article in the prior license year and which has not operated in such a manner as to constitute a public nuisance. The license addendum, if granted, may be revoked should such conditions occur.
5.
Dining areas shall be located at least 20 feet away from the curb line of abutting streets and, unless an approved barrier with a minimum height of 2.5 feet is erected, at least 20 feet as well, from vehicular traffic areas, such as alleys, active parking lots, driveways and truck-loading zones. The Health Officer may grant a waiver of the twenty-foot setback if the Public Safety Committee of the Borough Council of the Borough of Columbia determines that some lesser setback would still provide an adequate safety zone for patrons.
6.
For purposes of this subsection, up to three feet of linear seating is the equivalent of one seat.
b.
An eating and drinking place required to be licensed by the Borough of Columbia under this article may apply for an addendum to that license for the consumption and/or the service of food and/or drinks outside of an enclosed or screened structure at the licensed premises. Such license addendum shall be subject to the requirements of Subsection a. above, such regulations as the Board of Health shall promulgate and the following:
2.
Unless air curtains are installed at the entranceways to the establishment, exterior tables shall be located at least five feet away from such entranceways.
3.
Floors shall be hard-surfaced, not retain standing water, and shall be free of cracks greater than 1/16 of an inch.
4.
An outdoor hose bib shall be provided and the area shall be cleaned at the end of each business day. All food debris shall be removed prior to washing down the area.
5.
Food preparation, the dispensing of bulk food, buffets and salad bars are prohibited outdoors. Foods on display must be in individual servings and prepackaged. All potentially hazardous foods must be held at the proper temperature using mechanical refrigeration or approved hot-holding equipment.
6.
Nonhazardous alcoholic beverages may be dispensed from cupboard containers or from a service area with overhead protection in conformance with this article.
7.
Adequate personnel shall be specifically assigned to the outdoor dining area and remove all leftover food items as soon as the customer leaves.
8.
Alcoholic beverages may be served outside by an establishment licensed by the Commonwealth of Pennsylvania for outside service, but only in conjunction with the service of food and only to patrons seated at table.
A.
No person shall operate as a caterer within the Borough of Columbia without first having registered as such for the current calendar year with the Health Officer. Each caterer shall be entitled to a permit for operation in the Borough of Columbia upon submission of a properly completed registration application supplied by the Borough of Columbia, payment of the registration fee as set forth in the Borough schedule of fees as adopted and amended from time to time by the Borough Council of the Borough of Columbia, and compliance with all other provisions of this chapter, including applicable inspections.
B.
Documents required at time of registration.
(1)
Copy of caterer's current food-service license issued by his or her or its jurisdiction.
(2)
Copies of last two inspection reports.
(3)
Letter from licensing agency indicating that there are no outstanding or uncorrected critical violations.
(4)
Authorization for Borough of Columbia to inspect caterer's facility.
(5)
Evidence of satisfactory completion by caterer, or primary individual if caterer is an entity rather than an individual, of a food-handler's training course acceptable to the commonwealth as of the time of registration.
(6)
Listing and cut-sheet specifications of equipment used to heat, cool or hold foods at temperature and safely transport food at the proper temperature. Such equipment must be NSF certified, or the equivalent thereof.
C.
The caterer shall be considered to be a catering establishment operating in the Borough of Columbia if the caterer provides food service that requires preparation on the premises, or at a location within the Borough of Columbia, other than unwrapping and chilling or reheating of the food. Furthermore, said establishment shall be required to be licensed under the existing Code of the Borough of Columbia.
D.
If inspection by the Borough of Columbia reveals deficiencies at the caterer's facility, the caterer shall be required to meet the sanitary standards listed in this chapter of the Borough of Columbia. The Borough of Columbia reserves the right not to issue, or, if issued, to revoke a permit for any caterer whose facility (or vehicle) does not meet these standards.
F.
Caterers shall supply a copy of their Borough of Columbia permit to their clients in the Borough of Columbia.
G.
Caterers shall promptly report to the Columbia Board of Health any food-borne illness, when made known to the caterer, which was caused by consumption of food supplied by the caterer in the Borough.
