As used in this article, the following terms
shall have the meanings indicated:
The condition of a food if:
It bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health.
It bears or contains any added poisonous or
deleterious substance for which no safe tolerance has been established
by regulation, or in excess of such tolerance if one has been established.
It consists, in whole or in part, of any filthy,
putrid or decomposed substance or if it is otherwise unfit for human
consumption.
It has been processed, prepared, packed or held
under insanitary conditions whereby it may have become contaminated
with filth or whereby it may have been rendered injurious to health.
It is, in whole or in part, the product of a
diseased animal or an animal which has died otherwise than by slaughter.
Its container is composed, in whole or in part,
of any poisonous or deleterious substance which may render the contents
injurious to health.
Any product consisting principally of flour, sugar, eggs
and milk, with or without cornstarch, heated, cooled and applied to
pastry without subsequent heating or filled pastry such as cream puffs
or eclairs which may be heated subsequent to filling.
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.
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 of such type or in such condition as may spoil.
Any perishable food which consists, in whole or in part,
of milk or milk products, eggs, meat, poultry, fish, shellfish or
other ingredients capable of supporting rapid and progressive growth
of infectious or toxicogenic microorganisms.
Includes oysters, clams, scallops or mussels, fresh or frozen;
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 or persons to
operate any retail and wholesale food establishments in the Borough
of Bridgeport who do not possess a license from this Board. The annual
fee for such a license shall be as determined by Borough Council by
resolution.[1] Licenses shall be granted for a period of one year from
January 1 to December 31. Each applicant for a license for a food
establishment shall, at the time he submits his initial application,
pay an inspection fee in an amount to be determined by Borough Council
by resolution. 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 one month
before the expiration of the existing license. At the time of renewal,
the applicant will not be subject to an inspection fee.
[Amended 9-10-1974 by Ord. No. 404, approved
9-10-1974; 1-12-1982 by Ord. No. 466, approved 1-12-1982; 5-12-1998 by Ord. No.
98-558, approved 5-12-1998]
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
B.
Such license may be suspended by this Board or revoked
after an opportunity for a hearing by this Board, upon the violation
by the holder of any of the terms of this chapter.
No person shall operate or maintain any food
establishment otherwise than in a clean and sanitary condition and
so as to conform at all times to the requirements of this chapter.
The person in charge of every food handler employed in any food establishment
shall observe and comply with the provisions of this chapter and of
all rules and regulations relating to the operation or maintenance
of such food establishment hereafter adopted.
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof, or install equipment which is being used or is proposed for use in a food establishment, without first submitting plans for approval thereof as provided in § 302-17 of this chapter.
An application for a permit to operate a food
establishment shall be on forms provided by this Board, which shall
set forth the name, residence, business address and telephone number
of the applicant, the name of the persons operating the establishment,
the square-foot floor area and any additional information which this
Board may require to enable it to determine whether the provisions
of this chapter are being complied with.
A.
Enclosures: Every such food establishment shall be
so constructed and maintained as to provide adequate enclosure and
protection of the food or drink and the food- or drink-handling operations
contained therein.
B.
Floors: The floor of any room or place where food
or drink is stored, prepared or served or in which utensils are cleansed
shall be of such construction as to be easily cleaned, shall be smooth
and shall be kept clean and in repair. The floor of any room where
food is prepared or in which utensils are cleansed shall be constructed
of a material impervious to water or grease and shall be provided
with a sanitary base and with adequate and sufficient drains to permit
cleaning. The use of linoleum or similar floor coverings is prohibited.
C.
Walls and ceilings: The walls and ceiling of any room
or place where food or drink is prepared or handled shall have a smooth
washable surface and shall be kept clean and in good repair. Such
walls and ceiling shall be painted or finished in light color and
refinished as often as necessary. Walls and ceilings in any room or
place where food or drink is stored shall be kept clean and in good
repair.
D.
Doors and windows: All openings to the outside shall
be effectively screened or otherwise protected during periods when
flies are prevalent. Doors shall open outward and be self-closing
or otherwise effectively closed. All effective means shall be provided
to prevent the entrance of flies and other insects through such openings.
Doors and windows shall be kept clean inside and outside. The presence
of flies or flying insects within the structure shall be presumptive
evidence of failure to comply with this subsection.
E.
Lighting: Lighting in any room or place in which food
or drink is stored, prepared or handled or in which utensils are washed
shall be adequate for all working purposes and to facilitate effective
and thorough cleaning.
F.
Ventilation: Adequate ventilation shall be provided
in any room where food or drink is stored, prepared or handled or
in which utensils are washed so that such rooms are reasonably free
of disagreeable odors and condensation, undue heat or cold, toxic
substances, smoke, vapor, dust or other substance affecting or likely
to affect the food or drink, or causing or likely to cause an atmospheric
condition dangerous to the health of employees, or contributing to
an insanitary practice or condition.
G.
Toilets and lavatory facilities: Adequate lavatory
facilities, including toilets, hand-washing facilities, hot and cold
running water, powdered or liquid soap in appropriate dispensers,
sanitary towels and toilet paper, shall be provided for use at all
times when such food establishment is in operation.
(1)
Adequate and separate toilets shall be provided for
and be readily accessible to the sexes employed as food handlers or
otherwise and shall be located on the premises. Toilet rooms shall
be of adequate size as to facilitate cleaning.
(2)
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 square must be provided. The doors of all toilet
rooms shall be self-closing.
(3)
The toilets shall be kept clean, in good repair, well
lighted and properly ventilated by exterior windows or other mechanical
means. The floors 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. The use of linoleum or similar floor coverings
is prohibited.
(4)
Hand-washing facilities with running hot and cold
water, sanitary towels and soap shall be in or adjacent to the toilet
room. The use of the common towel is prohibited. Hand-washing 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.
(5)
In all new establishments or establishments where
alterations are made, the floors of the toilet rooms shall be of a
material impervious to water and shall be provided with a sanitary
base. The plumbing fixtures shall be of the wall-hung type to facilitate
easy cleaning. The use of linoleum, asphalt tile or similar floor
coverings is prohibited.
(6)
In all new establishments or establishments where
alterations are made, the partitions in toilet rooms shall be of metal
and hung from the ceiling with a clearance of at least six inches
from the floor to the partition.
H.
Separate hand-washing facilities required. In any
food establishment where frequent hand washing is necessary to prevent
contamination of food during processing, manufacture or preparation,
separate hand-washing facilities, including an adequate supply of
powdered or liquid soap and sanitary towels, shall be provided in
the workroom and conveniently near each such process work space.
A.
Health of employees: 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 § 302-16 of this chapter shall apply to all persons employed in food establishments.
B.
Personal cleanliness: Every food handler shall wear
clean outer garments, shall maintain personal cleanliness and shall
keep hands and fingernails clean at all times while engaged in handling
food, drink, utensils or equipment. Soiled clothing, linen, aprons
or articles of clothing worn during the preparation or handling of
food shall be stored in containers provided for this purpose.
C.
Locker spaces: Wearing apparel shall be stored in
suitable and adequate lockers and shall not be placed in toilet rooms
or vestibules or in proximity to exposed food or drink.
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 coverings or containers. All deliveries of foods to food
establishments shall be made inside the store unless food is stored
in containers approved by this Board.
B.
Animals prohibited: No live animal or fowl shall be
permitted or kept in any room where food or drink is stored, prepared
or handled.
A.
Sanitary equipment: The equipment, utensils and facilities
in which food or drink shall be kept, manufactured, cooked, processed,
prepared, displayed or handled shall be of sanitary construction and
capable of being disassembled for cleaning and kept in repair and
maintained in a clean and sanitary condition.
(1)
In all new establishments or in establishments where
alterations are made, where multiuse utensils are used, no less than
a three-compartment sink shall be provided and equipped with running
hot and cold water. Each compartment of the sink shall be of a size
not less than 16 inches square by 14 inches deep. All sinks shall
be equivalent to or in excess of the specifications in the National
Sanitation Foundation Standards.
(2)
In all new establishments or in establishments where
alterations are made, a service sink of a size not less than 20 inches
wide, 24 inches long and 12 1/2 inches deep shall be provided
for the cleaning of janitorial supplies.
B.
Cleansing process: In all food establishments, adequate
cleansing of utensils is required. A supply of running hot and cold
water under pressure of not less than 15 pounds per square inch, a
suitable cleanser and adequate facilities for the cleansing, disinfecting
and storage of utensils shall be provided.
A.
Food in the sales area shall be stored or displayed
off the floor and in a manner approved by the Health Officer.
B.
Provisions shall be made in storage or preparation
rooms to keep all food and supplies elevated at least eight inches
from the floor.
C.
Waste containers: In every food establishment, adequate
nonleaking 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.
In refuse storage rooms, racks must be provided to elevate garbage
containers at least 12 inches from the floor.
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 in § 302-51 of this chapter.
A.
Adequate refrigeration shall be provided at all times
for all perishable and potentially hazardous food or 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
|
40° 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 of the refrigerated storage section.
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 in its manufacture, cooking, processing,
preparation, handling or storage does not conform to the requirements
of this chapter shall be kept, sold or offered for sale for human
consumption. All unlabeled canned goods and cans showing rust, leakage
or evidence of internal pressure shall not be offered for sale or
given away.
A.
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 or drink is exposed during sale, preparation,
holding or handling or in such manner as to contaminate such food
or drink.
B.
No polish, article or substance containing cyanide
or other poison shall be used for the cleansing or disinfecting of
any utensils or containers used in preparing or handling any food
or drink.
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
of either the Bureau of Animal Industry, United States Department
of Agriculture, or the Bureau of Animal Industry, Pennsylvania Department
of Agriculture. This Board may, in 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 with 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 Subsection A of this section.
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 person shall process any shellfish unless such
shellfish has been obtained from shippers certified by a regulatory
authority in the United States or Canada and has been approved by
the Secretary of Health of the Commonwealth of Pennsylvania.
B.
No person shall have in his possession, offer for
sale or sell any shellfish without possessing a valid permit from
the Pennsylvania Department of Health. A permit shall not be required
of any establishment that serves shellfish to be eaten on the premises
or by any retail establishment that sells original containers of shucked
shellfish or shell stock from approved sources to ultimate consumers.
No person shall be issued a permit until he complies with these regulations.
The permit shall be issued annually by this Board and shall be renewable
on the first day of November of each year. The initial application
for a permit must be validated by the Pennsylvania Department of Health.
This Board will assume responsibility for subsequent inspection, regulation,
enforcement and removal of permits or their suspension, revocation
or cancellation, as appropriate. The permit required shall not apply
to any wholesale dealer or warehouse distributor who does not break
down any quantity of shell stock or break a unit container of shucked
stock for repacking.
C.
Records and identification: All permit holders shall
keep for 60 days an accurate record of the source and quantity of
all lots of shellfish received and the names and addresses of persons
to whom shellfish was sold. Shell stock received or distributed by
a wholesale dealer shall bear the regulation shellfish tag. The fraudulent
use of tags or fraudulent or misleading information on the tags shall
be considered a violation of these regulations. When a unit package
of shell stock is broken down into smaller lots, each lot shall have
attached thereto a split lot tag of a type approved by this Board.
Said records shall be subject to inspection by the Health Officer.
Each individual package of fresh or frozen shucked shellfish shall
have permanently recorded on the package or label, so as to be easily
visible, the packer's, repacker's or distributor's name and address
and the packer's or repacker's number preceded by the initials "PA"
if packed or repacked in Pennsylvania, or the permit number preceded
by the abbreviation of the name of the state or Canadian province
where packed or repacked. Containers holding one gallon or more shall
have the identification on the container wall, unless the cover becomes
an integral part of the container during the sealing process. Packages
of frozen shellfish shall show the date or code of packing.
D.
Shellfish shall be so handled and stored as to maintain
them in a clean and wholesome condition.
E.
All establishments in which shellfish are shucked, washed, packed, repacked, stored or otherwise handled shall conform with all the provisions of Article VI of this chapter.
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 surfaces 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.
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 of sale: No custard-filled or whipped
cream pastries shall be kept, offered for sale, sold or given away
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 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 temperatures: No custard-filled or whipped
cream pastry shall be kept, displayed, offered for sale, given away
or transported unless immediately after manufacture it is 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.
D.
Packaging and labeling: No custard-filled pastry shall
be sold, either wholesale or retail, or transported for retail delivery
or given away unless it is 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."
A.
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 insanitary condition. Any food or drink, or any substance
used in connection with the preparation of food or drink, which is
sold, offered for sale or given away may be condemned, removed or
destroyed by or under the direction of a duly authorized representative
of this Board if, in the judgment of the representative, such food,
drink or substance is adulterated, decomposed, impure, unfit for human
consumption or dangerous to the public health. Any food, drink or
other substance may be stopped from sale or use and placed under an
embargo by the representative of this Board for as reasonable a period
of time as may be required to make investigations or examinations,
if such may be necessary to determine that the food, drink or other
substance is adulterated, decomposed, impure, unfit for human consumption
or dangerous to the public health. No food, drink or other substance
shall be used, removed, destroyed or otherwise disposed of while under
embargo except by or under the direction of a representative of this
Board.
B.
The owner of products placed under embargo by virtue
of any power granted under this chapter shall have the right of appeal
to the Board of Health. The Board of Health shall afford a hearing
and shall give due notice of the time and place of the hearing to
the owner of such goods. As a result of the hearing, the Board of
Health shall have the right to stay or set aside the order.
