A.
Prior to construction of a new food establishment building or to
altering an existing structure or any portion thereof for use as a
food establishment, an applicant shall submit two copies of detailed
plans to the Code Enforcement Officer. Said plans shall be accompanied
by data describing in detail the construction or alteration planned.
Plans and details will be reviewed by the Building Code Official.
If approved, one set of plans bearing Building Code Official approval
will be returned to the applicant. If plans are not approved by the
Building Code Official, the manner in which said plans do not meet
requirements shall be indicated on both sets of plans and one set
returned to the applicant.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
B.
The same procedure as outlined above applies to equipment
for the same purpose.
Bakery products shall be transported fully enclosed
in clean and sanitary containers. Multiple-use containers shall be
of such design and construction as to facilitate cleaning and shall
be kept clean and sanitary.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Bulk ice cream shall not be dispensed unless
running water is provided next to the cabinet containing the ice cream
or except by other methods approved by the Health Officer. The utensils
used in dispensing bulk ice cream shall be sterilized at least once
daily, washed by running water after each usage and kept dry when
not in use.
A.
Custard-filled pastries and whipped-cream pastries
shall be refrigerated immediately after manufacture and kept at 40°
F. or less until delivered to consumer.
B.
Custard-filled pastries and whipped-cream pastries
shall be kept wrapped or packaged during transportation.
C.
Name of manufacturing baker, month and day of manufacture
and "Refrigerate and consume within 24 hours" shall be printed or
written legibly on each wrapper or package.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Whenever a food establishment is not maintained
in a sanitary condition or whenever the preparation, handling or serving
of food is likely to cause or transmit illness, the Health Officer,
upon proper notification, shall order the food establishment closed.
The establishment shall remain closed until the health hazard is corrected.
The proprietor, when so ordered, shall immediately comply with the
Health Officer's orders and shall not conduct further operations of
the food establishment until written permission has been granted by
the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Samples of food, food ingredients, containers
or any substance used in preparation of food may be taken for examination
as often as judged necessary for the detection of an impure product
or insanitary condition. Said substance or substances may be condemned,
removed or destroyed by or under the direction of the Health Officer
if in its judgment the substance is adulterated, decomposed, impure,
unfit for human consumption or dangerous to public health. Any food
or food ingredients may be stopped from sale or use and placed under
embargo for a reasonable period of time in order to conduct an investigation
or examination to determine if the substance is unfit for human consumption
or otherwise dangerous to public health.
Delivery of food to a food establishment shall
be made inside the establishment.
Drinking cups for common use shall not be permitted
in food establishments.
Food shall be stored, handled, cooked, processed,
prepared, displayed, dispensed or transported in a sanitary manner,
protected from flies, insects, dust, dirt, handling, droplet infection,
overhead leakage or other contamination. Food shall be further protected
from deterioration or spoilage by means of adequate temperature controls.
A.
No employee shall be employed in any food establishment
to work with food if he or she has a disease in its communicable form
or who manifests symptoms of any such disease or who is a carrier
of any such disease.
B.
No manager (proprietor, etc.) shall employ an employee
to work with food if the manager suspects such employee of having
any disease in its communicable form or whom he suspects of being
a carrier of any communicable disease.
C.
A manager (proprietor, etc.) of a food establishment,
if he suspects such employee of having communicable disease or being
a carrier of a communicable disease, shall report the facts to the
Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
D.
The Health Officer may at any time require medical
examination and laboratory tests as may be necessary to determine
whether an employee can transmit any disease.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
E.
Infection suspected. When there is a reasonable basis
to suspect the transmission of disease by an employee in a food establishment,
the manager (proprietor, etc.) can be required to carry out any of
the following measures:
(1)
Immediate exclusion of employee from food establishment.
(2)
Immediate closing of food establishment until hazard
is corrected.
(3)
Medical examination as required of employees, including
manager.
(4)
Restriction of employee to some work area in the establishment
where there would be no possibility of transmitting disease.
Hand towels for common use shall not be permitted
in food establishments.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Hot and cold running water of at least 15 pounds'
pressure shall be accessible to all rooms in which food is prepared
or utensils are washed, and said water shall be supplied from a source
approved by the Health Officer.
A.
An application for a license to operate a food establishment
shall be submitted on a form provided by the Borough.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
B.
The application requires name of applicant, residence,
business address, together with additional information required by
the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
C.
License is required prior to operating a food establishment.
If application is approved, license will be issued for one calendar
year or remaining portion of calendar year.
D.
Application for renewal of license shall be submitted
at least 10 days before expiration of a current valid license.
E.
License certificate shall be conspicuously displayed
at all times in the place licensed, to be viewed by the public and
the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
F.
License is not transferable.
G.
License may be suspended or revoked for violations,
but licensee shall be given a hearing before the Borough Council prior
to such suspension or revocation.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
H.
The license fee for a public eating place or food
establishment per calendar year shall be $100. The license fee may
be amended from time to time by resolution of the Borough Council.[1]
[Added 12-7-1987 by Res. No. R-87-19, approved 12-1-1987; amended 1-3-1994 by Res. No. R-94-1, approved 1-3-1994; 11-4-2002 by Res. No.
R-02-14, approved 11-4-2002]
[1]
Editor's Note: The current fee schedule is on file in the
Borough offices.
Live animals or fowl shall not be permitted
or kept in any room in a food establishment where food is stored,
prepared, handled or served. The exception is that a trained Seeing
Eye dog accompanying a blind person may be permitted in a customer-service
area.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Food establishment or food preparation areas
shall not be located in a cellar, basement or other location below
the natural surface of the ground.
Lockers or dressing facilities shall be provided
for employees' clothing and shall be adequate in space and location
and shall be kept clean.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Plumbing installation and operations shall meet the minimum
requirements of the Plumbing Code of the Borough of Marcus Hook.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
The Health Officer, in the performance of its
duty, 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. The Health
Officer shall have the power to examine, open any package or container
and take therefrom a sample for analysis of any food or food ingredients
found in said package or container.
The premises of every food establishment shall
be kept clean and free of refuse and all other waste material.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Records for administrative purposes, in the operation of a food
establishment, shall be maintained for review by the administrative
offices of the Borough as needed.
Refrigeration equipment in food establishments
shall be of satisfactory construction and be capable of maintaining
temperatures recommended by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Any person, establishment or corporation shall have the right
to appeal, in writing, to the Borough Council any ruling under these
regulations.
Sleeping facilities or domestic activities shall
not be permitted in any room which is part of or which opens into
any room where food is prepared, stored, served or in which utensils
are washed or stored.
Soiled linens, coasts, aprons, etc., shall be
stored in insectproof containers provided for this purpose.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Thermometers, indicating and/or recording, shall
be in place where recommended by the Health Officer, in working order
and accurate within 2° F.
Waste containers shall be made of metal, adequate
in size and with tight-fitting lids. Waste containers shall be used
to receive all waste. Waste, including refuse, shall be removed from
the premises at frequent intervals to minimize a potential health
hazard.
A.
Public water supply or bottled water for human consumption
or for domestic use shall be from a source protected from pollution,
treated and maintained so as to be delivered safe and sanitary. Said
delivered water shall be free of bacterial, chemical or other contamination
which may be injurious to health. Public water supplies shall conform
to the United States Public Health Service Drinking Water Standards.
B.
Springs and wells classified as public water supply
for human consumption or domestic uses shall conform to the same requirements
and standards described for all sources of public water supply.
C.
Private water supply provided and maintained by the
owner thereof may be used as a public water supply, provided that
said private water supply conforms to the same requirements and standards
described for all sources of public water supply.
D.
A new or repaired water supply system or any structure
which may have become contaminated accidentally or otherwise may be
placed in use after said system or structure has been effectively
cleaned and disinfected in accordance with prevailing practices and
standards of the American Water Works Association.
E.
Cross-connections and interconnections between a potable
water supply and an unapproved auxiliary water supply or between a
potable water supply and any structure containing sewage, nonpotable
water or other substance which may be injurious to health, and any
backsiphonage, shall not be permitted.
F.
Whenever, upon examination, it appears that water
from a well or spring or similar source classified as a public water
supply is not suitable for human consumption, use of said water shall
be discontinued and the well or spring shall be abandoned.
G.
Abandoned wells shall be filled with clean earth or
capped with substantial, watertight slabs in order to prevent contamination
of the underground water supply.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A.
Samples of water from any public water supply may
be taken by the Health Officer for laboratory examination as often
as judged necessary for the detection of pollution or unwholesomeness.
B.
Samples of water from any private water supply may
be taken by the Health Officer for laboratory examination, provided
that said private water supply is adequately protected from surface
contamination or other source of contamination.
