As used in this article, the following terms
shall have the meanings indicated:
Refers to 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 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.
The permission granted to a licensee to conduct a food establishment.
A holder of a license.
The Board of Health of the Borough of Prospect Park.
The keeping or displaying of any food or drink in any store,
place, dispenser or vehicle in the manner in which food or drink is
ordinarily kept or displayed.
Any food or beverage or ingredients, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infections or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
Includes oysters, clams, scallops or mussels, fresh or frozen,
and 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.
[Amended 9-8-1970 by Ord. No. 878, approved 9-8-1970; 5-11-2004 by Ord. No.
1253, approved 5-11-2004]
A.
It shall be unlawful for any person to operate a food
establishment in the Borough who does not possess a license from the
Board of Health of Prospect Park.
B.
The fee for such license shall be $35 per year, which
shall include two inspections. Additional inspections shall be $35
per reinspection.
C.
Licenses shall be granted for one year (March 1 to
February 28) or portion thereof.
D.
Such licenses shall be conspicuously displayed at
all times in the place thereby licensed and shall not be transferable.
E.
Application for renewal shall be made at least 10
days before expiration of the existing license.
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 these rules and
regulations. The person in charge of and every food handler employed
in any food establishment shall observe and comply with the provisions
of these rules and regulations relating to the operation or maintenance
of such food establishments and any other rules and regulations hereafter
adopted.
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof, or install equipment therein, which is being used or is proposed for use as a food establishment without first submitting plans for approval thereof as provided under § 93-25 of this chapter.
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 and shall be
smooth and clean and in good repair.
C.
Walls and ceilings. The walls and ceiling of any room
or place where food or drink is stored, prepared or handled shall
be clean and in good repair. Such walls and ceiling shall be painted
or finished in light color and refinished as often as necessary. Walls
in food preparation areas shall have a smooth, washable surface up
to the level exposed to soiling by splash or spray.
D.
Doors and windows. All openings to the outside shall
be effectively screened or otherwise protected during periods when
flies are prevalent (April 1 to December 1). 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, handwashing 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.
(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 toilet shall be kept clean and in good repair,
and the toilet room shall be well-lighted and properly ventilated
by exterior windows or other mechanical means. The walls and ceiling
shall be of a smooth, washable surface and shall be finished in a
light color.
(4)
Handwashing 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. Handwashing signs shall
be posted in each 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 and joints impervious to water and shall be provided with
a sanitary base. The plumbing fixtures shall be of the wall-hung type
to facilitate cleaning.
H.
Separate handwashing facilities required. In any food
establishment where frequent handwashing is necessary to prevent contamination
of food during processing, manufacture or preparation, separate handwashing
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 workspace.
I.
Common drinking cup prohibited. Drinking cups for
common use shall not be permitted in any food establishment.
A.
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. No employee shall use tobacco
in any form while engaged in the handling of food or drink.
B.
Disease control. 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 is prepared or dispensed.
C.
Locker spaces. Soiled linens, aprons and other articles
used in the preparation, storage or handling of food or drink shall
be kept in verminproof containers provided for the purpose. Clothing
shall not be hung or placed in proximity to exposed food or drink.
When required by the Health Officer, suitable and adequate rooms for
changing clothes and locker space will be provided.
A.
General
(1)
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 for spoilage. Food displayed or exposed for retail sale
shall be kept at least 24 inches above the floor unless it is completely
enclosed by coverings or containers.
(2)
All deliveries of perishable foods to food establishments
shall be made inside the store unless food is stored in containers
approved by the Board of Health.
B.
Animals prohibited. No live animal or fowl shall be
permitted or kept in any room where food or drink is stored, prepared,
handled or served.
A.
In all new establishments or in establishments where
alterations are made and 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.
(1)
Accepted methods of handwashing (three-compartment
sink).
(a)
Wash (water 110° to 130° F.).
(b)
Rinse (warm water).
(c)
Sanitize (water 180° F. for two minutes).
|
OR
| |
|
(a)
|
Wash (water 110° to 130° F.).
|
|
(b)
|
Rinse (warm water).
|
|
(c)
|
Sanitize with a chemical, such as:
|
[1]
Hypochlorite compounds or chlorine-containing
compounds of equal efficiency at a minimum concentration of 100 parts
per million for at least one minute.
[2]
Quaternary ammonium compounds at a minimum concentration
of 200 parts per million for at least one minute.
[3]
Iodoform compounds at a minimum concentration
of 12.5 parts per million for at least one minute.
(2)
Manual dishwashing facilities shall have thermometers
accurate to 3° F. convenient to dishwashing facilities.
B.
Mechanical dishwashing. The mechanical dishwashing
installation shall be approved. Heating facilities and thermostatic
controls to provide hot water at 180° F. minimum temperature for
the final rinse cycle shall be provided on mechanical dishwashing
equipment. Each mechanical dishwashing machine shall be equipped with
accurate thermometers.
C.
The proprietor of the food establishment shall have
available upon the premises of the establishment the original container
in which the chemical sanitizer currently employed was received from
the distributor.
A.
Cleansing process. In all food establishments adequate
cleansing of utensils is required. An adequate supply of running hot
and cold water under pressure of not less than 15 pounds per square
inch, an adequate supply of suitable cleanser and suitable and adequate
facilities for the cleansing, disinfecting and storage of utensils
shall be provided.
B.
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 janitor's supplies.
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 are washed and
shall be adequate and of a safe, sanitary quality.
In every food establishment adequate and suitable
metal 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.
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.
B.
The following temperatures shall be maintained at
all times:
|
Food
|
Temperature
| |
|---|---|---|
|
Frozen food
|
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
|
32° F. or below
|
C.
Indicating thermometers shall be provided in all refrigerators
and refrigerated cases and shall be so located as to indicate an accurate
temperature reading in the upper one-fourth part of the refrigerated
storage section.
A.
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 these rules and
regulations, shall be kept, sold or offered for sale for human consumption.
B.
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, lindale
or other poison shall be kept or used as an insecticide or exterminator
in any place where food or drink is exposed during the 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. The Board of Health 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 the meat or meat products, shall conform to 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 the foregoing Subsection A.
C.
Any slaughterhouse or 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 the Board of Health.
A.
No oysters, clams or other shellfish shall be sold
or offered for sale in the Borough unless such shellfish shall have
been produced and shipped in conformity with the regulations of the
state in which they were grown or packed and unless the shipment shall
have been accompanied by 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 United States Public Health Service 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
the 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 said 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.
C.
Shellfish shall be so handled and stored as to maintain
them in a clean, wholesome condition.
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 article 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.
Shucked stock shall be packed in clean containers
sealed in such a manner that any tampering will be easily discernible
and such containers 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 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 on sale. No custard-filled and 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 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 or transported
unless immediately after manufacture it shall have been 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.
Other perishable food shall be held either at a temperature of 40°
F. or lower or at a temperature of 150° F. or higher.
D.
Packaging and labeling. No custard-filled pastry shall
be sold either wholesale or retail or be 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 is hereby declared to be dangerous
to the public health and, as such, subject to condemnation by an authorized
representative of the Board of Health.
F.
Transportation of bakery products. No person shall
transport or deliver bakery products unless such products are fully
enclosed in a clean and sanitary container. Multiple use containers
shall be of such design and construction as to facilitate cleaning
and shall be kept clean and sanitary. The reuse of cardboard or paper
containers or liners is prohibited.
A.
Such 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 the Board
of Health for examination as often as may be deemed necessary for
the detection of an impure or unsanitary condition.
B.
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
a duly authorized representative of the Board if, in the judgment
of such representative, such food, drink or substance is decomposed,
impure, unfit for human consumption or dangerous to the public health.
Any such food, drink or other substance may be stopped from sale or
use and placed under an embargo by any such representative of this
Board 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 a representative of this Board.
