A. 
Perishable food shall be maintained at a temperature lower than 40° F. or above 140° F. at all times, except when being prepared or served. Refrigerators shall be cleaned at frequent intervals of time and maintained in a sanitary condition.
B. 
Stuffings, poultry, stuffed meats, stuffed poultry, pork and pork products shall be thoroughly cooked to an internal temperature of 165° F. with no interruption of the initial cooking process before being served.
C. 
Frozen food shall be maintained at 0° F. or lower, except when being thawed for preparation and use. Thawing shall be by one of the following methods:
(1) 
At refrigerator temperature of 45° F. or below.
(2) 
Quick-thawed as a part of the cooking process.
D. 
Frozen foods, once thawed, shall not be refrozen.
E. 
Internal temperatures of perishable foods and potentially hazardous food shall be maintained at or below the following temperatures according to type of food:
Food
Temperature
(degrees Fahrenheit)
Frozen food
0
Meat and meat products
40
Cooked foods of animal origin
40
Milk and milk products
40
Other perishable food
40
Seafood and fresh poultry
32
A. 
All food shall be clean free of spoilage, free of adulteration and maintained in such a manner that it is safe for human consumption. No food prepared in a private home or processed in a place other than a commercial food-processing establishment shall be offered for sale or used in the preparation of food offered for sale or given away in a food establishment unless such place of preparation or processing is regulated by an official regulatory agency.
B. 
Pasteurized milk and pasteurized milk products only shall be used in the preparation of food or served or sold.
C. 
Unpasteurized milk or milk products shall not be offered for sale or given away for human consumption.
D. 
Dry milk and dry milk products may be reconstituted in a food establishment if used for cooking purposes only.
E. 
Milk and fluid milk products for drinking purposes shall be purchased and served in original containers in which they were packed in a milk plant or may be served from a bulk milk dispenser approved by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
F. 
Cream, whipped cream and lesser mixes of cream to be consumed on the premises may be served from original containers of not more than one quart capacity or from a bulk dispenser approved by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
G. 
For mixed milk drinks, milk may be poured from one-quart or two-quart containers packaged in a milk plant.
H. 
Meat or meat products shall not be offered for sale, displayed, sold or kept in any food establishment unless said products 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.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
I. 
All 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.
J. 
Slaughtering, meat canning, curing, smoking, salting, packing, rendering or other similar establishment where meat or meat products are prepared for sale in the municipality, regardless of where said establishment is located, shall be subject to inspection by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
K. 
Oysters, clams and mussels shall be supplied from approved sources. Shellfish shall have a tag, label or other identification showing that the shipper is certified by the state in which said shellfish have been grown and packed and that interstate shipments are certified by the United States Public Health Service.
L. 
Oysters, clams and mussels shall come from sources approved by the Pennsylvania Department of Health (or Environmental Resources). When the source is outside the state, it shall be one which is certified by the state of origin or the United States Public Health Service.
M. 
Shell stock shall be identified by an official tag giving the name and certificate number of the original shell stock shipper and the kind and quantity of shell stock.
N. 
Tags and an accurate record of the source and quantity of each lot of shellfish shall be retained for 60 days.
O. 
Fresh and frozen shucked oysters, clams and mussels shall be packed in nonreturnable containers identified with the name and address of the packer, repacker or distributor and the certificate number of the packer or repacker preceded by the abbreviated name of the state of origin.
P. 
Shellfish, crabs and lobsters, if served in the shell, shall be served in the original shell.
Q. 
Reuse of said shells as food containers in the preparation or serving of food shall not be permitted.
R. 
Raw fruits and vegetables. Raw fruits and vegetables may be used as food, provided that they are thoroughly washed before use.
S. 
Decomposed food. No food which is partially or completely decomposed or so treated as to conceal its inferior quality, or which in its manufacture, cooking, processing, preparation, handling or storage fails to produce a safe, wholesome food product, shall be kept, sold or given away for human consumption.
T. 
Potentially hazardous custards, cream fillings or similar products, including imitation cream fillings, which are prepared by hot or cold processes and which are used as puddings or pastry fillings shall be kept at safe temperatures, either above 140° F. or below 40° F.
U. 
Pastry fillings shall be placed in shells, crust or other baked goods either while hot (not less than 140° F.) or immediately following preparation if a cold process is used.
V. 
Pastry fillings and puddings shall be refrigerated at 40° F. or below in shallow pans immediately after cooking or preparation and held at that temperature until combined into pastries or served.
W. 
Custard mix to be used in the manufacture of pastry shall be brought to a temperature of 200° F. and held at that temperature continuously for at least 10 minutes. Within an hour thereafter, said custard mix shall be refrigerated at 40° F. or less until applied to pastry.
X. 
Unlabeled canned goods and cans showing rust, leakage or evidence or internal pressure shall not be offered for sale or given away for human consumption.
Y. 
No reuse of food. Food which has been previously served to any person or returned from any counter or table shall not be used in the preparation of food offered for sale or given away, except that wrapped food which has not been unwrapped and which is wholesome may be reserved.
A. 
Food shall be protected during display and serving from contamination by dust, dirt, flies, insects, droplet infection from coughing, sneezing, etc., overhead leakage, unnecessary handling or other potential vectors of microorganism. Food shall be protected during display, and as far as possible during serving, by maintaining adequate temperature controls (hot and cold) until actual preparation and serving.
B. 
Food maintained or exposed for display shall be at least 24 inches above the floor unless completely enclosed under glass or other approved coverings or containers.
A. 
Food shall be stored in bins, boxes, on shelves, display cases and other places under such conditions as to protect it from contamination. Food shall be handled at all times and in such manner as to protect it from contamination. All storage areas shall make allowances for efficient cleaning of floors and walls.
B. 
Cold-storage facilities as necessary, shall be provided to store perishable food at 40° F. or lower. Foods in cold storage shall be kept covered. Frozen food facilities, as necessary, shall be provided to store frozen food at 0° F. or lower. Heated-food facilities, as necessary, shall be provided to hold food at 140° F. or higher. Heated foods shall be kept covered.
A. 
All eating and drinking utensils shall be thoroughly cleaned, rinsed and sanitized after each use.
B. 
All kitchenware and food-contact surfaces of equipment used in the preparation or serving of food and all multi-use food storage utensils shall be thoroughly cleaned after each use. The exception is cooking surfaces, which shall be cleaned at least once a day.
C. 
All utensils and food-contact surfaces of equipment used in the preparation or storage of potentially hazardous food shall be thoroughly cleaned, rinsed and sanitized prior to such use. The exception is that food-contact surfaces of equipment or utensils which will be heated in the baking or cooking process to above 140° F. need not be sanitized prior to use.
D. 
Non-food-contact surfaces of equipment shall be cleaned as frequently as necessary to assure their cleanliness.
A. 
In every food establishment where washing of dishes and utensils is required, manual dishwashing shall be accomplished in a three-compartment sink in the manner described below. Thermometers shall be in place to register washwater temperature and sanitizing temperatures.
(1) 
In the first compartment, wash in clean water of at least 110° F. and use an effective detergent.
(2) 
In the second compartment, rinse clean in hot water.
(3) 
In the third compartment, sanitize by using one of the following batericides:
(a) 
Immersion for at least one minute at not less than 75° F. in a solution containing at least 50 parts per million of available chlorine.
(b) 
Immersion for at least one minute at not less than 75° F. in a solution containing at least 12.5 parts per million of available iodine and have a pH higher than 5.0.
(c) 
Immersion for at least two minutes in clean water at not less than 180° F. This compartment shall be capable of maintaining this temperature throughout the process.
(d) 
Immersion in any other sanitizing agent which has been determined by the Board of Health to be effective and nontoxic and for which a suitable field test is available.
B. 
In every food establishment where washing of dishes and utensils is required and not having a three-compartment sink, plans shall be submitted to the Code Enforcement Officer for an orderly transition to a three-compartment sink.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
C. 
Every food establishment where washing of dishes and utensils is required shall provide and use at least a two-compartment sink of adequate size for washing kitchenware and equipment which does not require sanitization.
D. 
Every food establishment where washing is limited to spatulas, tongs and similar devices shall provide and use at least a two-compartment sink of adequate size.
E. 
In every food establishment needing to discard liquid waste, a slop sink or device shall be provided, in addition to compartmental sink, for disposal of said liquid waste. Liquid wastes shall not be emptied into sinks used in the preparation of food or the cleaning and sanitizing of utensils.
F. 
Mechanical dishwashing. Dishwashing machines, including prewash units, shall be of such design and construction, installed, maintained and operated in such manner as to assure thorough washing, rinsing and sanitizing as described for manual washing. One thermometer shall be provided for registering temperature of washwater and another thermometer shall be provided for registering temperature of the final rinse water.
G. 
Every food establishment which does not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles only.
H. 
Every food establishment which uses equipment too large or which equipment is impractical to wash and sanitize by means of manual washing may be washed and sanitized by one of the following methods:
(1) 
Treating with live steam from a hose in the case of equipment in which steam can be confined.
(2) 
Treating by rinsing with boiling water.
(3) 
Treating by spraying or swabbing with a chemical sanitizing solution of at least twice the minimum strength of that required under immersion sanitization.
I. 
Dispensing scoops, spoons and dippers shall be stored in an approved running water dipper-well after each serving of ice cream or other frozen desserts. These utensils shall be sterilized daily and kept dry when not in use.
After cleaning and sanitizing, all utensils and equipment shall be stored above the floor level in a clean, dry place, protected from flies, insects, dust and other contaminants. No utensils or equipment used in the preparation and serving of food shall be handled except in such manner as to prevent contamination. Single-service utensils and articles shall be procured in sanitary containers only and shall be stored therein in a clean, dry place until used. Single-service utensils and articles shall be handled in such manner as to prevent them from becoming contaminated before use.
A. 
All utensils used in preparation and serving of food, all showcases or windows, counters, shelves, tables, booths, sinks, refrigerating and other equipment shall be of sanitary design and construction, kept clean and in good repair.
B. 
Installations of new equipment in any food establishment for the purpose of preparation, storing, handling or serving of food shall meet the minimum standards set by the National Sanitation Foundation.
C. 
Equipment shall be spaced away from walls and corners so as to permit access for cleaning. No cooking unit of any kind shall be located in a bay window. All new installations of equipment shall be elevated from the floor to facilitate cleaning or sealed tight to the floor with a cove base or stainless steel removable kickplates.
D. 
Equipment having a closed bottom without air space shall be set on a base with waterproof top.
E. 
Plates, cups, saucers, dishes, crockery or chinaware which are cracked, chipped or broken shall not be used for preparation or serving of food.
F. 
Utensils containing or plated with cadmium, lead or zinc shall not be used, except that solder which contains lead may be used for joints.
G. 
Enamelware shall not be used for handling, preparation or storage of food.
H. 
Oilcloth, shelf paper, newspaper and similar materials shall not be used on counters, tables or shelves where food is handled or stored.
I. 
Single-service articles and utensils shall be manufactured of nontoxic materials and handled in a sanitary manner and be used only once.
J. 
Food-contact surfaces of equipment and utensils shall be made of nontoxic, corrosive-resistant materials and be accessible for cleaning.
A. 
Every food establishment shall provide adequate first-aid protection, protection against fire and poisonous products. That protection which is adequate in each situation to the Health Officer shall be provided.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
B. 
No article, polish or other substance containing cyanide or other poisonous material shall be used for cleaning, disinfecting or polishing utensils or containers used in preparing or handling food.
C. 
No substance containing cyanide, fluoride, lindane or other poisonous material shall be kept or used as an insecticide or exterminator in any location where food is exposed during preparation, display, handling, serving or offered for sale or any other manner as to contaminate said food.
A. 
Floor surfaces of rooms in which food is prepared, stored or served or in which utensils are cleaned shall be smooth, in good repair and kept clean.
B. 
Floor surfaces in new or renovated construction in rooms in which food is prepared, stored or served or in which utensils are cleaned shall be constructed of materials impervious to water and shall have a sanitary or cove base and with adequate drains for efficient cleaning.
C. 
Linoleum or similar floor covering shall not be used in kitchens and food-preparation rooms.
A. 
Walls and ceilings of rooms in which food is prepared, served or stored or in which utensils are cleaned or stored shall be kept clean and in a sanitary condition. Such walls shall have smooth, washable, light-colored surfaces. Paper or oilcloth coverings shall not be used on kitchen walls and on walls of food-preparation rooms. In new or renovated establishments, rooms in which food is prepared or served or in which utensils are cleaned shall have a ceiling height of at least seven feet.
B. 
Kitchens in which food is prepared shall be of adequate size and construction to facilitate kitchen operations and thorough cleaning.
Doors shall be self-closing and preferably open outward. Windows shall be operable. During the season when flies and other flying insects are prevalent, doors and windows shall be effectively screened with No. 16-mesh wire or otherwise screened. Doors and windows shall be kept clean inside and outside.
A. 
Each food establishment shall be provided with adequate, conveniently located toilet facilities for its employees and patrons. When approved by the Health Officer, food establishments may receive written authorization to use toilet facilities not located directly within such establishments.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
B. 
All food establishments shall provide toilet facilities separate for males and females, which shall be located so as not to require the patrons to pass through any area where food is handled or prepared. In situations where food is not consumed within an eating and drinking place or when only carry-out food is provided, the Health Officer may, after review of the situation, require one toilet facility for the employees. Permission for one toilet facility shall be in writing.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
C. 
An intervening vestibule of at least three feet square must separate rooms in which food or drink is prepared or handled from toilet rooms.
D. 
In every new food establishment and renovated food establishment, floors of toilet rooms shall be constructed of impervious material and shall have a sanitary or cove base.
E. 
Doors of toilet rooms and intervening vestibules shall be self-closing.
F. 
Every toilet room shall be well-lighted, properly ventilated by exterior windows or mechanical means, kept clean and in good repair. Walls and ceilings of toilet rooms shall have smooth, washable and light-colored surfaces.
G. 
Toilet rooms shall provide:
(1) 
Toilet fixtures of sanitary design and readily cleanable.
(2) 
Toilet facilities in good repair and kept clean.
(3) 
Toilet tissue.
(4) 
Paper towels or other means of drying hands, etc.
(5) 
Receptacle for sanitary napkins in women's toilet rooms. These receptacles shall be provided with covers and be easily cleanable and kept clean.
(6) 
Other receptacles separate from above for paper towels and other waste material. Receptacles shall be kept clean.
(7) 
Hot and cold running water.
A. 
Every food establishment shall provide handwashing facilities for employees and patrons. These facilities shall provide hot and cold running water, clean towels or other means of drying hands and soap. These facilities shall be in the toilet rooms or immediately adjacent thereto.
B. 
Handwashing shall not be performed in sinks used for the preparation of food.
C. 
Handwashing signs shall be posted in each toilet room urging employees to wash hands thoroughly.
D. 
No employees shall return to work of handling food after use of toilet facilities, smoking or in any other manner of contamination without first washing his or her hands thoroughly with soap and warm water.
E. 
In every new food establishment or renovated food establishment, handwashing facilities shall be located within the area, or adjacent thereto, where food is prepared. These facilities shall provide hot and cold running water, soap and clean towels for thorough washing of hands.
F. 
Lavatories shall be adequate in size and number and be so located as to permit convenient and expeditious use by all employees.
A. 
All areas in which food is prepared or in which utensils are washed shall be well-lighted with natural or artificial light sufficient to produce not less than seventy-foot candle light intensity on surfaces 30 inches above the floor.
B. 
All areas where food is stored, in locker rooms, toilet rooms, in handwashing areas, storage areas (including storage of garbage and rubbish) shall be lighted to produce not less than thirty-foot candle light intensity on surfaces 30 inches above the floor.
C. 
Light fixtures suspended over exposed food and over other equipment shall be of the safety type, so constructed as to protect food and equipment from damage by breakage of the said fixtures.
A. 
All areas in which food is prepared or served or in which utensils are washed, dressing rooms or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well ventilated.
B. 
Window and door openings shall be not less than 5% of the floor area.
C. 
The use of mechanical ventilation in food-preparation areas shall provide not less than eight air changes per hour. No recirculation of air shall be permitted in food-preparation areas.
D. 
The use of mechanical ventilation in areas where food is served shall provide not less than five air changes per hour. Air recirculation up to 50% is permissible in serving areas.
E. 
Temperature control in food establishments shall be maintained for working comfort and for protection of health of employees and patrons.
F. 
Cooking units (except coffee urns and toasters) shall be hooded and vented to the outside by forced draft. Said vents shall be carried above the highest window of the food establishment or adjacent building.
G. 
Mechanical ventilation shall be provided, as needed, to prevent condensation or accumulation of offensive gases, moisture, excessive heat, steam, dust, smoke, grease and other vapors.
A. 
Every food establishment shall prevent the premises from becoming infested with flies and other flying insects by employing good sanitation. Openings to the outer air shall be effectively protected against insects by having self-closing doors, screening for doors and windows, having controlled air currents or other effective means throughout the season when insects are prevalent (generally April 1 to December 1).
B. 
Food establishments shall report infestation by insects, cockroaches, etc., to the Health Officer. Professional exterminators shall be utilized to eradicate infestation, and food establishments shall keep records of exterminator service showing dates and the nature of the exterminator service.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A. 
Every food establishment shall prevent the premises from becoming infested with rodents by employing good sanitation. Buildings, garbage containers and storage areas shall be made ratproof. New food establishments and renovated food establishments shall be of ratproof construction.
B. 
Food establishments shall report rodent infestation to the Health Officer for instruction in combating this health hazard.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A. 
Every food handler shall have a preemployment physical examination by a medical or osteopathic physician for his or her first foodhandler's job in Delaware County. The physical examination shall include screening for signs of any transmissible disease, a tuberculin skin test and any other signs of health problems within 10 days after employment.[1]
[1]
Editor's Note: Former Subsection B, regarding food handler registration, which immediately followed this subsection, was repealed 12-3-2018 by Ord. No. O-18-5, approved 12-3-2018.
A. 
Every food handler shall wear clean outer garments, keep hands and fingernails clean at all times and abide by good hygiene practices while on duty.
B. 
Every food handler shall wash his or her hands thoroughly with warm water and soap in a handwashing facility before starting work and as often as may be necessary to remove foreign material and contamination.
C. 
No employee shall resume work after using toilet facilities, smoking tobacco or otherwise causing contamination (coughing or sneezing into hands or handkerchief, etc.) without first washing hands thoroughly with warm water and soap.
D. 
Employees (male and female) shall wear hair coverings (nets, caps) while engaged in preparation and service of food or while washing utensils and equipment in order to keep hair and accompanying microorganisms from food and food-contact surfaces of utensils.
E. 
No employee (including proprietor) shall use tobacco in any form while preparing or serving food or while washing utensils and equipment or while present in these areas.
F. 
Designated locations shall be established in which employees may use tobacco, provided that every employee who thus uses tobacco washes his or her hands thoroughly with warm water and soap prior to resuming food-handling duties.
G. 
Suitable tools shall be used by employees who handle food to minimize body contact with food. Tongs, forks, spoons, picks, spatulas, scoops and similar tools suitable to this technique shall be provided and used by employees in handling food.
H. 
Similar tools shall be provided and used by patrons in self-service establishments.
A. 
Water used in the operation of food establishments shall be supplied from a public water system approved by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
B. 
Water supply shall be adequate in quantity and pressure and shall be protected from pollution, free of bacterial, chemical or other contamination which may be injurious to health.
C. 
Unapproved water supplies shall be made inaccessible for public consumption in a manner approved by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A. 
Liquid waste resulting from cleansing and rinsing of utensils and floors and from flush toilets and lavatories shall be discharged into a public sewer.
B. 
In the absence of a public sewer, said liquid wastes shall be disposed of by a method approved by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
C. 
Garbage and similar waste materials shall be stored in nonleaking containers with tight-fitting lids or in a garbage-storage room approved by the Health Officer. Said garbage shall be covered at all times.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
D. 
Garbage and similar waste materials shall be removed from the premises as often as necessary to minimize a potential health hazard and not become a nuisance.
E. 
Receptacles for waste materials shall be washed thoroughly when emptied and treated with an approved disinfectant, if necessary, to meet minimum requirements of the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A. 
Refuse in the form of rubbish, trash, junk and similar materials shall be stored in metal containers with tight-fitting lids or otherwise gathered in designated areas approved by the Health Officer.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
B. 
Refuse shall be removed from the premises at frequent intervals so as not to become harborage for rodents, insects and other undesirable pests and to reduce the hazard of physical accidents.
A. 
Whenever there are grounds around a food establishment, said grounds shall be covered with concrete, asphalt, gravel or similar material. If gravel or similar material is used, it shall be effectively treated to minimize dust.
B. 
Wherever there are grounds around a food establishment, said grounds shall be effectively drained to be free of stagnant pools of water and to facilitate sanitary maintenance.
C. 
The exterior of food establishments shall be maintained clean kept free of refuse and similar waste materials by frequent removal of said waste materials from the premises.
A. 
Capacity of every food establishment shall be adequate in the food-preparation and serving areas to minimize overcrowding of employees as well as patrons.
B. 
Capacity in toilet facilities shall be adequate to minimize overcrowding by employees as well as of patrons.
A. 
Every food establishment shall be so constructed and maintained as to provide adequate enclosure and protection of food and of the handling of food contained therein.
B. 
Every food establishment shall be operated and maintained in accordance with the provisions of these regulations and any additional regulations prescribed by the Health Officer. Said regulations include, but are not limited to reasonable requirements relative to inspection factors as follows:
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
(1) 
Food.
(a) 
Refrigeration.
(b) 
Wholesomeness.
(c) 
Serving and display.
(d) 
Storage and handling.
(2) 
Equipment.
(a) 
Bactericidal treatment.
(b) 
Cleaning.
(c) 
Handling and storage.
(d) 
Construction.
(3) 
Safety of buildings.
(a) 
Floors.
(b) 
Walls and ceilings.
(c) 
Doors and windows.
(4) 
Toilet facilities.
(5) 
Handwashing facilities.
(6) 
Lighting.
(7) 
Ventilation and heating.
(8) 
Insect control.
(9) 
Rodent control.
(10) 
Personnel health.
(11) 
Personnel service.
(12) 
Water supply.
(13) 
Waste disposal.
(14) 
Refuse.
(15) 
Grounds and site.
(16) 
Capacity.
(17) 
Operations and maintenance.