[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 12-10-1992 as Ord. No. 578. Amendments
noted where applicable.]
The Health Officer of the Township of Nether
Providence shall have the power, and it shall be his duty, to enforce
the laws of the Commonwealth of Pennsylvania, the regulations of the
Pennsylvania State Department of Health and the ordinances of the
Township of Nether Providence, relating to health work, and to make
and enforce such additional rules and regulations to prevent the introduction
and spread of infectious or contagious diseases and, by abating and
removing all nuisances which he shall deem prejudicial to the public
health, to mark infected houses or places and make other rules and
regulations as he shall deem necessary for the preservation of the
public health. Such rules and regulations, when approved by the Township
Commissioners, and when advertised in the same manner as other ordinances,
shall have the force of ordinances of the Township.
As used in this chapter the following words
and phrases shall have the meanings indicated unless the context clearly
indicates a different meaning:
The condition of a food:
If it bears or contains any poisonous or deleterious
substance in a quantity which is likely to render it injurious to
health;
If 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;
If it consists in whole or in part of any filthy,
putrid or decomposed substance or if it is otherwise unfit for human
consumption;
If it has been processed, prepared, packed or
held under unsanitary conditions whereby it is likely to have become
contaminated with filth or whereby it is likely to have been rendered
injurious to health;
If it is, in whole or in part, the product of
a diseased animal or an animal which has died otherwise than by slaughter;
or
If its container is composed in whole or in
part of any poisonous or deleterious substance which is likely to
render the contents injurious to health.
Accepted as satisfactory to the Health Officer.
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 comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served. This shall include an individual proprietor or any member
of the proprietor's family who handles food and drink.
All stoves, ranges, hoods, meat blocks, tables, counters,
refrigerators, sinks, dishwashing machines, steam tables and similar
items, other than utensils, used in the operation of a public eating
and drinking place or a food establishment.
Any raw, cooked or processed edible substance, beverage or
ingredient intended in whole or in part for human consumption.
Surfaces of equipment and utensils which normally come in
contact with food, directly or indirectly.
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.
All putrescible wastes, except sewage and body waste, including
animal and offal.
The Health Officer of the Township of Nether Providence or
his/her authorized representative(s).
A place or establishment operating for a temporary period
in connection with a fair, carnival, circus, public exhibition or
similar gathering.
The permission granted to a licensee to conduct a public
eating and drinking place, food establishment or itinerant public
eating and drinking place.
A holder of a license.
The Health Officer of the Township of Nether Providence.
A public nuisance affecting health.
Fugitive or malodorous air contaminants emitted into the
outdoor atmosphere from any source in such a manner that the contaminants
are detectable outside the property of the person on whose land the
source is being operated.
The owner or owners of any building or structure, whether
individual, firm, corporation, association or partnership.
Any food of such type or in such condition as may spoil.
Any individual, firm, corporation, association or partnership
and includes the plural as well as the singular and the female as
well as the male.
Any perishable food or drink 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 toxigenic microorganisms.
Any person, partnership, association or corporation conducting
or operating within the limits of the Township a public eating and
drinking place or a food establishment or an itinerant public eating
and drinking place.
Restaurant; coffee shop; cafeteria; short-order cafe; snack
bar; or any other place where food, drinks or refreshments are served,
sold or prepared and sold or given away to be consumed on the premises;
provided, however, that this definition shall not be interpreted to
include boardinghouses or private homes.
All nonputrescible wastes generally regarded as rubbish,
trash, junk and similar debris which have been rejected by the owner
or possessor thereof as useless or worthless.
Effective bactericidal treatment of clean surfaces of equipment
and utensils by a process which has been approved by the Pennsylvania
Department of Health as being effective in destroying microorganisms,
including pathogens.
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.
Cups, containers, lids or closures, plates, knives, forks,
spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping
materials and all similar articles which are constructed wholly or
in part from paper, paperboard, molded pulp, foil, wood, plastic,
synthetic or other readily destructible material, and which are intended
by the manufacturers and generally recognized by the public for a
one-time use only, and then to be discarded.
Any well, spring, cistern, infiltration gallery, stream,
reservoir, pond or lake from which water is taken, by any means, either
intermittently or continuously for use by the public.
Any kitchenware, tableware, glassware, cutlery, containers
or other equipment with which food or drink comes in contact during
storage, preparation or serving.
Any substance that contains any of the waste products or
excrements or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation.
A source or sources of water, as well as any and all water
treatment, storage, transmission and distribution facilities.
A.
It shall be unlawful for any person to operate a public
eating and drinking place or a food establishment or an itinerant
public eating and drinking place in the Township who does not possess
a license from the Health Officer of Nether Providence Township. The
fee for such a license shall be $5. Licenses shall be granted for
a period of one calendar year 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. Licenses may be suspended or revoked for violations by the
holder thereof of the provisions of this chapter. No license shall
be suspended or revoked without the licensee being given a hearing
before the Health Officer.
B.
No person shall operate a public eating and drinking
place or a food establishment or an itinerant public eating and drinking
place without first obtaining a license from the Health Officer of
the Township of Nether Providence and paying an annual inspection
fee to defray the administrative costs of inspections, consultation
and servicing of the food sanitation program of the Township of Nether
Providence. All such inspections shall be for the purpose of ascertaining
compliance with the provisions of this chapter.
(1)
The inspection fee shall be based upon the net inside
floor area of the public eating and drinking place or the food establishment
or the itinerant public eating and drinking place as follows:
|
Floor Area
(square feet)
|
Inspection Fee
|
|---|---|
|
Less than 1,500
|
$45
|
|
1,501 to 2,500
|
$95
|
|
2,501 to 5,000
|
$145
|
|
5,001 to 7,500
|
$220
|
|
7,501 to 10,000
|
$320
|
|
10,001 to 15,000
|
$445
|
|
Greater than 15,001
|
$595
|
When a public eating and drinking place or a
food establishment is hereafter constructed or extensively remodeled
or when an existing structure is converted for use as a public eating
and drinking place or a food establishment, properly prepared plans
and specifications for such construction, remodeling or alteration,
showing layout, arrangement and construction materials of work areas
and the location, size and type of fixed equipment and facilities,
shall be submitted in duplicate to the Health Officer for approval
before such work is begun. No building permit shall be issued by the
Building Inspector until such approval has been given by the Health
Officer.
A.
Enclosures. Every public eating and drinking place, every food establishment and every itinerant public eating and drinking place 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, including compliance with all subsections of this § 144-5.
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 and shall be
smooth and kept clean and in good repair. 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.
C.
Walls and ceilings. Walls and ceilings of all rooms
in which food or drink is prepared, served or stored or utensils are
washed or stored shall be kept clean and in a sanitary condition.
The walls and ceilings 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. In the case of all new establishments, all rooms in which food
or drink is prepared or served or in which utensils are washed shall
have a clear ceiling height of not less than seven feet.
D.
Construction of kitchens. The rooms in which food
is prepared shall be of adequate size and construction to permit easy
cleansing and the unhampered performance of all kitchen operations.
E.
Construction and location of utensils and equipment.
All eating and cooking utensils and all showcases and display cases
or windows, counters, shelves, tables, booths and refrigeration 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. In new establishments or in establishments where
new installations of equipment are made, all equipment used for the
preparation, storing, handling or serving of food or drink shall be
equivalent to or in excess of that specified in the National Sanitation
Foundation Standards. Such equipment shall be spaced away from walls
and corners so as to permit access for cleaning of the equipment and
walls.
(1)
Thirty inches of working space shall be required between
all units of new equipment, unless such equipment is movable. A minimum
of 30 inches of working space shall be provided between counters,
backbars and worktables wherever located. No cooking unit of any kind
shall be permitted to be placed or located in any bay window. All
new installations of equipment shall be elevated at least six inches
from the floor on pear-shaped legs or sealed tight to the floor with
a three-inch cove base or stainless steel removable kickplates. Where
equipment with a closed bottom without air spaces is set on a masonry
base, the top of the base shall be waterproofed with mastic.
(2)
In cases of all new construction, shelves shall be
constructed at least two inches from the wall unless tightly stripped
to eliminate cracks.
F.
Doors and windows. All openings into the outer air
shall be effectively screened from April 1 to December 1 with not
less than sixteen-mesh wire so as to prevent the entrance of flies.
Doors shall be self-closing, unless other effective means are provided
to prevent the entrance of flies. All screened doors shall open outward.
G.
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 sufficient to produce an intensity
of not less than 15 footcandles at 30 inches from the floor. In rooms
where food is stored, lighting shall be provided sufficient to produce
an intensity of not less than five footcandles at 30 inches from the
floor.
A.
Rooms in which food is prepared or served or utensils
are washed, dressing or locker rooms, toilet rooms and garbage or
rubbish storage areas shall be well ventilated to the outside.
B.
Mechanical ventilation facilities, which meet the
standards of the Township building code, shall be provided as needed
to prevent the condensation or accumulation of offensive or dangerous
gases, moisture, excessive heat, steam, dust, offensive odors, smoke,
grease and vapors.
C.
Mechanical ventilation devices including blowers,
canopies, hoods and ducts shall be so constructed as to be easily
cleaned and shall be maintained so as to prevent grease or other materials
from dropping into or onto food preparation surfaces.
D.
Exhaust outlets from mechanical ventilating devices
shall be designed and installed so as to avoid creating a nuisance.
Vents to outside air from cooking units must be carried above the
roofline of the structure or adjacent buildings.
E.
Filters, where used, shall be readily removable for
cleaning or replacement.
F.
Ventilation systems shall comply with applicable state
and local fire prevention requirements.
G.
Exhaust systems shall be designed and constructed
so as to prevent the emission into the outdoor atmosphere of fugitive
or malodorous air contaminants from the establishment which are detectable
outside of the establishment beyond the property line of the establishment.
H.
In order to ensure compliance with the requirement of odor control with respect to public eating and drinking places, food establishments or itinerant public eating and drinking places as contained in Subsection G above, the applicant or licensee shall retain a professional engineer to design an effective odor removal system for submission to the Township as part of the licensee's application for a license.
A.
In all new public eating and drinking places, food establishments or itinerant public eating and drinking places where alterations to existing establishments or places are made requiring a building permit, separate toilet facilities shall be provided for each sex, which comply with the subsections of this § 144-7.
B.
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.
C.
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.
D.
Hand-washing facilities with running hot and cold
water, sanitary towels and liquid or powder soap dispensers shall
be in 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.
E.
The floors and joints of the toilet rooms shall be
constructed 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 cleaning.
Separate hand-washing facilities are required.
In any public eating and drinking place or any food establishment
or any itinerant public eating and drinking place where frequent hand
washing by any employee 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 located
conveniently near each such work space.
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 from an approved source.
A.
Washing facilities:
(1)
In all public eating and drinking places or food establishments
or itinerant public eating and drinking places where utensil washing
is done by other than mechanical means, no less than one three-compartment
sink shall be provided and equipped with running hot and cold water,
to be used as follows:
(a)
For washing, the water shall be(110º F.
to 130º F.
(b)
For rinsing, warm water shall be used.
(c)
For sanitizing, the dishes or utensils shall
be immersed for two minutes in water of 180º F. or sanitized
with a chemical as follows:
[1]
Hypochlorite compounds of chlorine containing
compounds of equal efficiency at a minimum concentration of 100 parts
per million for at least 30 seconds.
[2]
Quaternary ammonium compounds at a minimum concentration
of 200 parts per million for at least 30 seconds;
[3]
Iodophor compounds at a minimum concentration
of 12.5 parts per million for at least 30 seconds.
(d)
In all new public eating and drinking places,
food establishments or itinerant public eating and drinking places
where alterations to existing establishments or places are made requiring
a building permit, each compartment of the sink shall be of a size
not less than 16 inches square by 14 inches deep. Each compartment
for sinks in soda fountains and bars shall be no less than 12 inches
square by 10 inches deep.
(2)
Mechanical dishwashers.
(a)
Mechanical dishwashing machines shall be equipped
to provide a minimum water temperature of at least 180º F. All
mechanical dishwashers shall be equipped with two thermometers, one
for indicating the wash and one for indicating the sterilizing temperature.
(b)
Whenever the temperature of the final rinse
water cannot be maintained at a minimum temperature of 180º F.
at the dish rack inside the dishwasher, then it shall be mandatory
that a booster be installed to maintain said minimum temperature.
(c)
Prerinse or presoak facilities shall be provided
for mechanical dishwashing.
B.
Cleaning and bactericidal treatment of utensils. All utensils, display cases, windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free from dust, dirt, insects and other sources of contamination. All eating and drinking utensils, except single-service utensils, shall be thoroughly cleaned and subjected to an approved bactericidal process in accordance with the provisions of § 144-10A(1)(c) of this chapter after each use and, at the time of service to the public, shall be thoroughly clean and sterilized. All multi-use containers and utensils used in the preparation, cooking and serving of food and drink shall be thoroughly cleansed and subjected to an approved bactericidal process in accordance with the provisions of § 144-10A(1)(c) of this chapter immediately following the day's operation. Towel drying is not permitted.
C.
Storage and handling of utensils. After cleansing
and sterilizing, all utensils must be stored above the level of the
floor in a clean, dry place and 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 and used at once.
All waste resulting from the cleansing and rinsing
of utensils and floors, from flush toilets and lavatories must be
disposed of in a public sewer or, in the absence of a public sewer,
by methods approved by provisions of the Nether Providence Township
Plumbing Code.[1] Prior to removal from the premises, all garbage and refuse
must be stored in nonleaking metal containers with tight-fitting lids
or in an approved storage room. Garbage and refuse must be removed
from the premises as often as necessary to prevent a nuisance and
disposed of in a manner to be approved by the Health Officer. All
garbage and refuse receptacles must be washed when emptied and treated
with a disinfectant, if necessary, to prevent a nuisance.
A.
Adequate and suitable metal containers with tight-fitting
lids designed and manufactured for the storage of refuse and garbage
from food and drink establishments shall be provided and used to receive
garbage and refuse from each public eating and drinking place, each
food establishment, and each itinerant public eating and drinking
place. All refuse and garbage shall be removed from the premises at
frequent intervals so as not to create a nuisance.
B.
All refuse and garbage must be kept within the metal
containers and/or dumpsters and the lids shall be tight-fitting and
closed at all times.
C.
All containers and dumpsters must be adequately disinfected
as needed to prevent objectionable odors.
A.
Adequate refrigeration shall be provided at all times
for all perishable food or drink. Refrigerators shall be maintained
in good repair and in a clean and sanitary condition. The following
temperatures shall be maintained at all times:
|
Foods
|
Temperatures
|
|---|---|
|
Frozen food
|
0º F. or below
|
|
Meat and meat products, cooked food or animal
origin, milk and milk products, seafood, fresh poultry and other perishable
foods
|
40º F. or below
|
B.
Indicating thermometers accurate to plus or minus
2º F. shall be provided in all refrigerators and freezers and
shall be so located to indicate an accurate temperature reading in
the upper 1/4 part of the refrigerated storage section.
C.
Frozen foods shall be thawed in refrigerators at 40º
F. or below, or under potable running water 70º F. or below,
or by any other method allowed by the Health Officer. Once thawed,
frozen foods shall not be refrozen.
No person shall operate or maintain any public
eating and drinking place, or any food establishment, or any itinerant
public eating and drinking place 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 and every food handler employed
in any public eating and drinking place, or any food establishment,
or any itinerant public eating and drinking place shall observe and
comply with the provisions of this chapter relating to the operation
and maintenance of such public eating and drinking places and/or food
establishments and/or itinerant public eating and drinking place.
A.
All food in public eating and drinking places, in
food establishments and in itinerant public eating and drinking places
shall be clean, wholesome, free from spillage, free from adulteration
and safe for human consumption.
B.
No food prepared in a private home or processed in
a place other than a commercial food-processing establishment shall
be sold or used in the preparation of foods offered for sale, sold
or given away in a public eating and drinking place or in a food establishment
or in an itinerant public eating and drinking place, unless such private
home or other place is regulated by a health authority or other appropriate
official regulatory agency.
C.
Only pasteurized fluid milk and fluid milk products
shall be used or served, except dry milk and milk products may be
reconstituted in the establishment if used for cooking purposes only.
D.
All milk and fluid milk products for drinking purposes
shall be purchased and served in the original, individual container
in which the milk or fluid milk product was packaged at a milk plant
or shall be served from an approved bulk milk dispenser.
E.
Cream, whipped cream or half-and-half which is to
be consumed on the premises may be served from the original container
of not more than one-quart capacity or from a dispenser approved by
the Health Officer for such service. For mixed drinks requiring less
than 1/2 pint of milk, milk may be poured from one-quart or one-half-gallon
containers packaged at a milk plant. All dairy products must meet
Pennsylvania Department of Agriculture Standards.
F.
A running water dipper well unit must be provided
at or near the area where scooping or dipping of ice cream takes place
and shall be used to clean scoops or dippers after each use.
G.
All ice shall be from an approved water source that
meets the standards as set forth in the United States Public Health
Service Drinking Water Standards.
A.
No meat or poultry products shall be offered for sale,
displayed, sold or kept in any public eating and drinking place or
in any food establishment, or in any itinerant public eating and drinking
place, unless such products shall have first been inspected and approved
by either an authorized agent of the Bureau of Animal Industry, United
States Department of Agriculture, or of the Bureau of Animal Industry,
Pennsylvania Department of Agriculture.
B.
All meat or poultry products offered for sale, displayed, sold or stored in any public eating and drinking place or any food establishment, or in any itinerant public eating and drinking place, shall be marked in a clear and legible manner with the official meat inspection legend as provided in Subsection A above.
A.
No shellfish shall be sold or offered for sale in
the Township unless such shellfish shall have been produced and shipped
in conformity with the regulations of the state in which they were
produced or packed and unless the shipment shall have been accompanied
by a tag, label or other mark approved by the Pennsylvania Department
of Health showing that the shipper has been duly certified by the
state in which his plant is operated, such certification having been
approved by the Federal Food and Drug Administration 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 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. Shellfish must be from an approved
source.
C.
Shellfish shall be so handled and stored as to maintain
them in a clean wholesome condition. The shells of shellfish used
for service cannot be reused.
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.
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 the oysters are shucked.
G.
All establishments in the Township 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 of 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.
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 40º F. or less shall be effected within 2
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 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 200º F. continuously for not
less than 10 minutes and within one hour thereafter placed in a refrigerating
temperature of not over 40º 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 or transported
unless, immediately after manufacture, it shall have been cooled to
and maintained at all times thereafter at a temperature of 40º
F. or lower in clean containers filled to a depth of not more than
three inches. Other perishable food shall be held either at a temperature
of 40º F. or lower or at a temperature of 150º F. or higher.
D.
Packaging and labeling. No custard-filled pastry shall
be sold, either at 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 this section or § 144-19 is hereby declared to be dangerous to the public health and, as such, subject to condemnation by the Health Officer or his authorized representative.
A.
All food, while being stored, prepared, displayed,
served or sold at public eating and drinking places, or at food establishments,
or at itinerant public eating and drinking places shall be protected
from contamination and stored in such a manner as to prevent rodent
harborage and permit ease of cleaning of the food-service facilities.
B.
No food which has been previously served to any person
or persons or returned from any counter or table shall be used in
the preparation of foods, offered for sale or given away and shall
be disposed of as garbage. However, wrapped food which has not been
unwrapped and which is wholesome may be reserved.
C.
Tongs, forks, spoons, picks, spatulas, scoops and
other suitable utensils shall be provided and shall be used by employees
to reduce manual contact with food to a minimum. For self-service
by customers, similar implements shall be provided.
D.
Unwrapped or otherwise unprotected, displayed foods
which are subject to contamination through public handling, coughing
or sneezing shall be protected by means of glass, partitions or other
approved means.
A.
No food or drink which is impure, decomposed or damaged
to an extent that it is likely to be 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 sold
and/or offered for sale for human consumption. Such food or drink
shall not be given away and shall be disposed of immediately as garbage.
B.
All unlabeled can goods and cans showing rust, leakage
or evidence of internal pressure shall not be offered for sale or
given away. All such cans shall be disposed of immediately as garbage.
A.
Samples of food, drink, ingredients, containers or
any substance used in connection with the preparation of food or drink
may be taken by the Health Officer or his duly authorized representative
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 the Health Officer if, in his/her judgment, such
food is an adulterated food product which is unfit for human consumption.
If the proprietor or person in charge disagrees, any such food, drink
or other substance may be stopped from sale or use and placed under
an embargo by any such representative of the Health Officer 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 the Health Officer
or his representative.
B.
The Health Officer or his representative shall tender
the person in charge the established value for the product being taken
for sampling.
C.
The cost of the sampling procedures will be determined
in accordance with the results. The Township will assume the costs
for the sampling if the results indicate that the product is free
from spoilage, is wholesome and fit for human consumption. The proprietor
shall assume the costs for the sampling if the results indicate that
the product is an adulterated food or otherwise unfit for human consumption.
A.
All employees shall wear clean outer garments, maintain
a high degree of personal cleanliness and conform to hygienic practices
while on duty. They shall wash their hands thoroughly in an approved
hand-washing facility before starting work and as often as may be
necessary to remove soil and contamination. No employee shall resume
work after visiting the toilet room without washing his hands with
soap and warm water.
B.
Persons engaged in the preparation, handling or service
of food shall not use tobacco in any form while engaged in equipment
and utensil washing, food preparation or food serving areas, provided
that designated smoking-permitted locations in such areas may be approved
by the licenser for smoking, where no contamination hazards will result
upon the written request of the licensee.
A.
No proprietor or licensee shall hereafter keep in
his employ any employee known to be afflicted with a disease in communicable
form. No proprietor, licensee 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
that an employee is afflicted with a disease in a communicable form.
B.
The Health Officer shall have full power and authority
at any time to require such examinations and tests as may be necessary
to determine whether any employee has a disease in a communicable
form or is a carrier of a communicable disease. It shall be the duty
of all employees to submit to such examinations at the request of
the Health Officer, and any employee who shall refuse to submit to
such examination shall not be employed or continued as an employee
in any public eating and drinking place or in any food establishment
or in any itinerant public eating and drinking place in the Township.
C.
Disease control. No person who is affected with any
disease in a communicable form or is a carrier of such disease shall
work in a public eating and drinking place, or in a food establishment,
or in an itinerant public eating and drinking place, and the proprietor
or licensee of such place shall not employ any such person or persons
suspected of being affected with any disease in a communicable form
or being a carrier of such disease. If the proprietor or licensee
suspects any employee has contracted any such disease in a communicable
form or has become a carrier of such disease, he shall notify the
Health Officer immediately.
D.
Procedure when infection is suspected. Where there
has been reasonable grounds for the Health Officer to suspect there
is transmission of infectious disease from any employee of a public
eating and drinking place or a food establishment to the public or
an itinerant public eating and drinking place, the Health Officer
is authorized to require the proprietor or licensee of said eating
and drinking place or food establishment or itinerant public eating
and drinking place to forthwith carry out any or all of the following
measures:
(1)
The immediate exclusion of the employee from said
public eating and drinking place, food establishment or itinerant
public eating and drinking place.
(2)
The immediate closing of the public eating and drinking
place or food establishment or itinerant public eating and drinking
place until the danger of disease outbreak ceases to exist.
(3)
Securing adequate medical examinations of the employee
and of his associates, including appropriate laboratory examinations.
A.
All persons engaged in the operation of any public
eating and drinking place or any food establishment or any itinerant
public eating and drinking place 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, proprietors and licensees shall report
such infestation to the Health Officer for the purpose of procuring
proper advice and instructions for elimination of 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.
The proprietor and licensee shall be required to hire and use the
services of a licensed professional exterminator in the event that
the infestation is not being eliminated by means used by the proprietor
or licensee.
B.
The hanging or use of glue fly traps shall not be
permitted in areas were open foods are being prepared and handled.
A.
Only such poisonous and toxic materials which are
required to maintain sanitary conditions and for sanitization purposes
may be used or stored in public eating and drinking places, food establishments
and in itinerant public eating and drinking places. Such materials
shall be identified and shall be used only in such a manner as will
not contaminate food or constitute a hazard to employees or customers.
B.
When not in use, poisonous and toxic materials shall
be stored in cabinets which are used for no other purpose or in a
place which is outside the food storage, food preparation and cleaned
equipment and utensil storage rooms.
C.
Bactericides and cleaning compounds shall not be stored
in the same cabinet or area of the room with insecticides, rodenticides
or other poisonous materials.
A.
The premises of all public eating and drinking places,
food establishments and all itinerant public eating and drinking places
shall be kept clean and free of litter or rubbish.
B.
No sleeping facilities or living quarters 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 or stored.
C.
Adequate lockers or dressing rooms shall be provided
for employees' clothing and shall be kept clean, and all clothes used
by waiters, chefs and other employees shall be kept clean at all times.
D.
All exterior areas shall be kept free of litter and
cleaned properly. All exterior walking and driving surfaces must be
surfaced with concrete, asphalt or other approved materials that facilitate
maintenance and minimize dust.
E.
Soiled linens, coats and aprons shall be kept in verminproof
containers with tight-fitting lids provided for this purpose.
F.
No public eating and drinking place or food establishment
or itinerant public eating and drinking place shall be located in
any cellar, basement or other place below the natural surface of the
ground except with the prior written permission of the Health Officer.
G.
No person shall bring or permit to be brought into
the dining room, kitchen or storeroom of any public eating and drinking
place or any food establishment or any itinerant public eating and
drinking place any dog, cat or other animal. This subsection shall
not apply to a blind person led by a trained Seeing Eye dog.
H.
All deliveries of perishable and nonperishable foods
to public eating and drinking places or food establishments or itinerant
public eating and drinking place shall be made inside the establishment
unless food is stored in an approved sanitary container approved for
exterior usage by the Health Officer.
I.
Plates, cups, saucers, dishes, crockery or chinaware
which are cracked, chipped or broken shall not be used to contain
food or drink.
J.
A mop/slop sink is required for the disposal of wastewater
from the cleaning of floors, ceilings and other surfaces.
The Health Officer and his official designee
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, packaging, storage, transportation, handling,
distribution or sale of any food. He shall be entitled to make an
examination, 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 or licensee in violation of
any provisions of this chapter.
Any person, firm or corporation violating any
provision of this chapter or the rules and regulations approved and
hereinafter adopted shall, upon summary conviction before any District
Justice of the Peace, pay a fine not exceeding $1,000 and costs of
prosecution; and in default of one payment of the fine and costs,
the violator may be sentenced to the county jail for a term of not
more than 30 days. Whenever such person shall have been officially
notified by the Health Officer or by the service of a summons in a
prosecution or in any other official manner that he is committing
a violation of this chapter or the rules and regulations approved
and hereinafter adopted, each day that he shall continue such violation
after such notification shall constitute a separate offense punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
Whenever the proprietor or licensee of a public
eating and drinking place or food establishment or itinerant public
eating and drinking place shall fail to keep his public eating and
drinking place or food establishment or itinerant public eating and
drinking place in a sanitary condition or whenever food or drink or
the sale of the same is likely to cause or transmit disease, the Health
Officer, upon proper notification, shall order such public eating
and drinking place or food establishment or itinerant public eating
and drinking place closed until it shall have been put in a sanitary
condition or until the food or drink and the sale of the same shall
no longer be likely to cause any illness or transmit disease. The
proprietor or licensee of the public eating and drinking place or
food establishment or itinerant public eating and drinking place,
when so ordered, shall not conduct further operations until permission
has been granted by the Health Officer.
