[HISTORY: Adopted by the Township Council
of the Township of Middletown 8-26-1991 by Ord. No. 489 (Ch. XI, Art. 1, of the
1976 Ordinance Book). Amendments noted where applicable.]
[Amended 9-9-1991 by Ord. No. 490; 3-9-1992 by Ord. No.
504; 11-8-1993 by Ord. No. 530]
A.
ADULTERATED FOOD
(1)
(2)
(3)
(4)
(5)
(6)
CONSUMER, CUSTOMER AND/OR PATRON
CORROSION-RESISTANT MATERIAL
DEPARTMENT
EASILY CLEANABLE
EMPLOYEE
EQUIPMENT
FOOD
FOOD-CONTACT SURFACES
FOOD ESTABLISHMENT
GARBAGE
LICENSOR
PERSON
POTENTIALLY HAZARDOUS FOOD
PROPRIETOR
PUBLIC EATING AND DRINKING PLACE
PUBLIC ESTABLISHMENTS
REFUSE
RETAIL FOOD ESTABLISHMENT
SAFE TEMPERATURE
SANITIZE
SEWAGE
SEWERAGE SYSTEM
SINGLE-SERVICE ARTICLES
SOURCE
TEMPORARY PUBLIC EATING AND DRINKING PLACE
TOWNSHIP
UTENSILS
WATERS OF THIS COMMONWEALTH
WATER SUPPLY
Definitions. The following words and terms, when used
in this chapter, shall have the following meanings unless the context
clearly indicates otherwise:
Food which:
Bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health;
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;
Consists in whole or in part of any filthy,
putrid or decomposed substance, or if it is otherwise unfit for human
consumption;
Has been processed, prepared, packed or held
under unsanitary conditions, whereby it may have become contaminated
with filth or rendered injurious to health;
Is in whole or in part the product of a diseased
animal, or an animal which had died otherwise than by slaughter; or
Is in a container composed in whole or in part
of any poisonous or deleterious substance which may render the contents
injurious to health.
Any person to whom food and/or drink is served (whether or
not for payment), sold or offered for sale.
A material which maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds and sanitizing
solutions which may be in contact with it.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Readily accessible and of such material and finish, and so
fabricated that residue may be completely removed by normal cleaning
methods.
Any cook, waiter, kitchen help or other employee of any kind
in a food establishment who, in any manner whatever, handles or comes
in contact with any food or drink served to or provided for the public,
and the proprietor or any member of the proprietor's family who handles
said food or drink.
All stoves, ranges, hoods, meatblocks, tables, counters,
refrigerators, sinks, dish-washing machines, steam tables and similar
items, other than utensils, used in the operation of a food-service
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.
A public eating and drinking place, as defined herein, a
retail food establishment, as defined herein, a temporary public eating
and drinking place, as defined herein, and any other place regulated
herein.
All putrescible wastes, except sewage and body waste, including
animal and vegetable offal.
Middletown Township, Delaware County, Pennsylvania Department
of Health.
Any individual, partnership, association, corporation or
other entity.
Any perishable food which consists in whole or in part of
milk or milk products, eggs, meat, poultry, fish, shellfish or other
ingredients capable of supporting rapid and progressive growth of
infectious or toxigenic microorganisms.
Any person, partnership, association, corporation or other
entity conducting or operating a food establishment within the Township.
Any public establishment within the Township which serves
food or drink to customers or patrons and which is regulated by the
provisions of this chapter.
Any place in which or at which food and/or drink is served
to one or more individual or individuals, other than within a residential
household or family dwelling unit and other than at the Fair Acres
Geriatric Center (which Center is owned and operated by the County
of Delaware and has dietary departments which are reviewed for food
preparation, service, distribution and sanitation standards by the
Commonwealth of Pennsylvania Department of Health, Division of Long
Term Care), regardless of whether money is paid for such food or drink,
whether the place or server is a profit or nonprofit entity, whether
food service is the primary function of the establishment or whether
individuals are served only at the invitation of the establishment
or members of the establishment. "Public establishment" shall include
but not be limited to hospitals, medical and health care facilities,
nursing homes, schools and other educational facilities, employee
cafeterias, penal institutions and any other place where food is served
to one or more individual or individuals, other than within a residential
household or family dwelling unit and other than at the Fair Acres
Geriatric Center.
All nonputrescible wastes generally regarded and classified
as rubbish, trash, junk and similar designations which have been rejected
by the owner or possessor thereof as useless or worthless.
Any place, whether temporary or permanent, stationary or
mobile, where food or drink is packaged, stored, served, sold or offered
for sale directly to the consumer.
Applied to potentially hazardous food, an internal temperature
of 45° F. or below and 140° F. or above.
Effective bactericidal treatment of clean surfaces of equipment
and utensils by a process which has been approved by the Department
as being effective in destroying microorganisms, including pathogens.
Any substance that contains any of the waste products or
excrement 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.
Any system, whether community or individual, publicly or
privately owned, for the collection and disposal of sewage or industrial
wastes of a liquid nature, or both, including various devices for
the treatment of such sewage or industrial wastes.
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 materials, and which are intended
by the manufacturers and generally recognized by the public for one
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 public eating or drinking place which operates at any
location for a temporary period of time not to exceed more than 14
consecutive calendar days, regardless of whether the establishment
operates continuously during this time, in connection with a fair,
carnival, circus, public exhibition or similar transitory gathering.
Mobile food-service establishments shall be considered "temporary
public eating and drinking places" for the purposes of this chapter.
The Township of Middletown, Delaware County, Pennsylvania.
Any tableware and kitchenware used in the storage, preparation,
conveying or serving of food.
Any and all rivers, streams, creeks, rivulets, lakes, dammed
water, ponds, springs and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of this commonwealth.
A source or sources of water, as well as any and all water
treatment, storage, transmission and distribution facilities.
B.
Purpose. The purpose of the provisions of this chapter
shall be to provide regulations for the sanitary treatment and serving
of food and drink in the various food establishments of the Township.
C.
Licensing and fees.
(1)
License requirement. Proprietors shall not operate
or conduct a food establishment within the Township except in compliance
with the appropriate provisions of this chapter. Before granting any
initial license pursuant to the provisions of this chapter, the licensor
shall visit and inspect the food establishment for which a license
has been requested. The licensor may refuse to issue a license or
license renewal if the food establishment or the facilities and/or
equipment therein do not meet the requirements of the Act of May 23,
1945, P.L. 926, as amended, 35 P.S. § 655.1 et seq., the
applicable rules and regulations of the Department and/or the provisions
of this chapter. No initial license shall be issued until inspection
of the premises, facilities and equipment has been made by the licensor,
and they are found to be adequate to protect the public health and
comfort of patrons. The licensor shall provide the applicant with
written notice of the reason for any refusal to issue a license or
license renewal.
(2)
Revocation and suspension of license. Any proprietor
in possession of a valid license from either the Department or the
licensor to operate a food establishment who fails to comply with
the appropriate provisions of this chapter may have such license either
revoked, after a reasonable time to cure, or suspended by the licensor
at any time during the license period.
(3)
Timing of licensing. After the effective date of the
ordinance enacting this chapter, it shall be unlawful to operate or
conduct a food establishment in Middletown Township without first
obtaining a license from the licensor, except that any food establishment
which, between the effective date of the ordinance enacting this chapter
and December 31, 1991, is operating under a current, valid license
from the Department need not be licensed by the licensor until January
1, 1992.
(4)
Licensing fee. The fee for any such license shall
be calculated in accordance with the fee schedule for such licenses
adopted by ordinance of the Middletown Township Council. Middletown
Township Council is hereby authorized to establish by ordinance a
fee schedule for the licensing of food establishments in the Township
and to revise such fee schedule from time to time in its sole discretion.
(5)
Licensing period. Any license issued hereunder shall be for a period of one year commencing on January 1 of each year and expiring on December 31 of the same year, subject, however, to the right of the licensor to revoke or suspend any such license pursuant to Subsection C(2) hereof. Application for renewal of a license shall be made one month before the expiration of the existing license. Anything in this chapter to the contrary notwithstanding, the license period for any license issued to a temporary public eating and drinking place shall be only for the duration of the event for which the temporary public eating and drinking place is licensed, except that the license period for any license issued to a mobile food-service establishment shall be for a period of one year. Anything in this chapter to the contrary notwithstanding, all temporary public eating and drinking places, except mobile food-service establishments, must obtain a license for each event and for each location at which it operates.
(6)
Contents, display and transfer of licenses. Each license
issued hereunder shall specify the name of the licensee, the place
licensed, the date of issuance of the license and the period of coverage.
The license shall be conspicuously displayed in the licensed food
establishment at all times. Licenses shall not be transferable.
(7)
Inspections. The licensor shall have the authority
to visit and inspect any food establishment at any time during the
normal business hours of the food establishment without the prior
knowledge or consent of the food establishment or any proprietor,
owner, operator or employee thereof in order to determine whether
the food establishment is in compliance with the provisions of this
chapter. The licensor shall also have the authority to visit and inspect
any food establishment at other times if necessary in the opinion
of the licensor to abate or avoid an emergency situation or if consented
to by the proprietor of the food establishment.
D.
Applicable laws, ordinances and regulations. All provisions and requirements herein shall be in addition to any and all other provisions and requirements set forth in any and all other applicable federal, state or local laws, ordinances or regulations, including but not limited to Chapter 275, Zoning, Chapter 210, Subdivision and Land Development, the Middletown Township Building Code and Plumbing Code,[1] Chapter 192, Solid Waste, Chapter 180, Sewers, and Chapter 242, Water. Nothing herein shall be construed to limit, replace or obviate the need to comply with any other such applicable law, ordinance or regulation. To the extent that any provision herein is inconsistent with any other applicable Township ordinance or regulation, the provision herein shall control unless the other applicable Township ordinance or regulation is stricter than the provision herein, in which case the other ordinance or regulation shall control.
E.
Violations, penalties and appeals.
(1)
Violations. The failure to secure a license when required,
the operation of a food establishment after suspension or revocation
of a license by the licensor or the failure to comply with any provision
of this chapter or any other law or regulation applicable to such
food establishment shall constitute a violation of this chapter. When
written notice of a violation of any of the provisions of this chapter
has been served upon any person in violation, such violation shall
be discontinued immediately.
(2)
Penalties. Any person who violates any provision of
this chapter shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine not exceeding $300 for each offense, plus
the costs of prosecution. In default of payment of such fine and costs,
the violator shall be confined in the Delaware County Jail for a period
of not more than 30 days. Each day that a violation continues shall
be deemed a separate offense.
(3)
Appeals. Any person aggrieved by the actions or determinations
of the licensor shall have the right to a hearing before the Township
Council. The aggrieved party and/or his duly authorized attorney or
agent may, within 10 days after such action or determination, take
an appeal therefrom to the Township Council. Any such appeal shall
be in writing, shall state the action or determination of the licensor
being appealed from and the reasons for the exception taken thereto,
shall be verified by affidavit and shall be filed with the Township
Manager. The person appealing shall have the right to appear and be
heard if such a desire is stated in the written appeal. A prompt decision
of such appeal shall be made by the Township Council and shall be
duly recorded with the minutes of the Township.
A.
Food supplies.
(1)
General.
(a)
All food in public eating and drinking places
shall be clean, wholesome, free from spoilage, 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 unless such place
is regulated by a health authority or other appropriate official regulatory
agency.
(2)
Milk products.
(a)
Only pasteurized fluid milk and fluid milk products
shall be used or served. Dry milk and milk products may be reconstituted
in the establishment if used for cooking purposes only.
(b)
All milk and fluid milk products for drinking
purposes shall be purchased and served in the original, individual
container in which they were packaged at a milk plant or shall be
served from an approved bulk milk dispenser.
(c)
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 Department 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.
(3)
Shellstock and shellfish.
(a)
All oysters, clams and mussels shall be from
sources approved by the Department. When the source is outside Pennsylvania,
it shall be one which is certified by the state of origin or the Federal
Food and Drug Administration.
(b)
Shellstock shall be identified with an official
tag giving the name and certificate number of the original shellstock
shipper and the kind and quantity of the shellstock. The tags and
an accurate record of the source and quantity of all lots of shellfish
shall be maintained for 60 days.
(c)
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.
(d)
Shellfish, crabs and lobsters, if served in
the shell, shall be served in the original shell, but the reuse of
such shells as food containers in the preparation or serving of food
shall be prohibited.
(4)
Examination of food.
(a)
Food may be examined or sampled by the licensor
as often as may be necessary to determine freedom from adulteration.
(b)
The licensor may, upon written notice to the
owner or person in charge, place a hold order on any food which the
licensor determines or has probable cause to believe to be unwholesome
or otherwise adulterated. Under a hold order, food shall be permitted
to be suitably stored. It shall be unlawful for any person to remove
or alter a hold order, notice or tag placed on food by the licensor,
and neither such food nor the containers thereof shall be relabeled,
repacked, reprocessed, altered, disposed of or destroyed without permission
of the licensor, except on order by a court of competent jurisdiction.
B.
Food protection and storage.
(1)
General.
(a)
All food, while being stored, prepared, displayed,
served or sold at public eating and drinking places or during transportation
between such establishments 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)
All perishable food shall be stored at such
temperatures as will protect against spoilage. All potentially hazardous
food shall be maintained at safe temperatures. Food shall be stored
in the refrigerator so as to permit the free circulation of cold air
and in such a manner as to prevent contamination. To promote rapid
cooling, potentially hazardous foods shall be stored in the refrigerator
in shallow containers or by such other means which shall ensure the
cooling of the total mass to a temperature of 45° F. or less within
two hours, unless otherwise specified by the Department.
(c)
Raw fruits and vegetables shall be washed before
use. Stuffings, poultry, stuffed meats and stuffed poultry, and pork
and pork products shall be thoroughly cooked before being served.
(d)
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.
However, wrapped food which has not been unwrapped and which is wholesome
may be reserved.
(e)
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.
(2)
Poisonous and toxic materials.
(a)
Only those 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.
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.
(3)
Cold storage facilities.
(a)
Each cold storage facility used for the storage
of perishable food in the nonfrozen state shall be provided with an
indicating thermometer accurate to ±2° F., located in the
warmest part of the facility in which food is stored and of such type
and so situated that the thermometer can be easily and readily observed
for reading.
(b)
The temperature in each cold storage facility
used to store potentially hazardous food in the nonfrozen state shall
not be higher than 45° F.
(c)
The wet storage of packaged, canned and bottled
food or drink shall be prohibited.
(4)
Frozen food.
(a)
Frozen food shall be kept at such temperatures
as to remain frozen, except when being thawed for preparation or use.
Potentially hazardous frozen food shall be thawed:
[1]
At refrigerator temperatures of 45° F. or
below.
[2]
Under cool, potable running water 70° F.
or below.
[3]
Quick-thawed as part of the cooking process.
[4]
By any other method satisfactory to the Department,
including but not limited to use of a microwave oven, but only when
the food will be immediately transferred to conventional cooking facilities
as part of a continuous cooking process or when the entire, uninterrupted
cooking process takes place in the microwave oven.
(b)
Once thawed, frozen foods shall not be refrozen.
C.
Preparation of certain foods.
(1)
Stuffed meats and poultry. Stuffings, poultry and
stuffed meats and stuffed poultry shall be heated throughout to a
minimum temperature of 165° F. with no interruption of the initial
cooking process.
(2)
Custards and cream fillings.
(a)
Potentially hazardous custards, cream fillings
or similar products which are prepared by hot or cold processes and
which are used as puddings or pastry fillings shall be kept at safe
temperatures and shall meet the following requirements, as applicable:
[1]
Pastry fillings shall be placed in shells, crusts
or other baked goods either while hot [not less than 140° F.]
or immediately following preparation if a cold process is used.
[2]
Such fillings and puddings shall be refrigerated
at 45° F. or below in shallow pans, immediately after cooking
or preparation, and held thereat until combined into pastries or served.
(b)
All completed custard-filled and cream-filled
pastries shall, unless served immediately following filling, be refrigerated
at 45° F. or below promptly after preparation and held thereat
pending service.
D.
Health and disease control for employees.
(1)
Employees with diseases.
(a)
No employee with any disease in a communicable
form or who is a carrier of such disease shall work in any public
eating and drinking place in any capacity which brings him into contact
with the production, handling, storage or transportation of food and/or
equipment used in public eating and drinking places.
(b)
No proprietor shall employ in any such capacity
any such person or any person suspected of having any disease in a
communicable form or of being a carrier of such disease.
(c)
Any employee who has a discharging or infected
wound, sore or lesion on his hands, arms or any exposed portion of
the body shall be excluded from those operations which will bring
him into contact with food, beverages, utensils or equipment used
in public eating and drinking places.
(2)
Control of infectious employees. When suspicion arises
as to the possibility of transmission of infection from any employee,
the licensor shall be authorized to require any or all of the following
measures:
(a)
The immediate exclusion of the employee from
the eating and drinking place.
(b)
The immediate closing of the eating and drinking
place concerned until, in the opinion of the licensor, no further
danger of disease outbreaks exists.
(c)
The restriction of the services of the employee
to some area of work where there would be no danger of transmitting
disease.
(d)
The adequate medical examinations of the employee
and of his associates, with such laboratory examinations as may be
necessary.
(3)
Cleanliness.
(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)
Hair nets, caps or other effective hair covering
shall be used by employees engaged in the preparation and service
of food or washing of utensils and equipment to keep hair from food
and food-contact services.
(c)
Persons engaged in the preparation, handling
or service of food shall not use tobacco in any form while in equipment
and utensil washing, food preparation or food serving areas. However,
designated locations in such areas may be approved by the licensor
for smoking where no contamination hazards will result.
E.
Design and installation of equipment and utensils.
(1)
Sanitary design and installation.
(a)
All utensils and all show and display cases
or windows, counters, shelves, tables, chairs, refrigerating equipment,
sinks and other equipment or utensils shall be so constructed as to
be easily cleanable and durable and shall be kept in good repair.
(b)
Food-contact surfaces of such equipment and
utensils shall be easily accessible for cleaning and inspection, nontoxic,
corrosion-resistant and relatively nonabsorbent. Food-contact surfaces
shall not be considered easily accessible for cleaning and inspection
unless they can be cleaned and inspected without being disassembled
or by being disassembled without the use of tools or by being easily
disassembled with the use of only simple tools kept available near
the equipment.
(c)
All equipment shall be designed, installed and
operated in accordance with the criteria set forth by the National
Sanitation Foundation, Automatic Merchandising Health-Industry Council,
Baking Industry Sanitation Standards Committee and the Committee for
3-A Sanitary Standards for Dairy Equipment or other nationally recognized
testing laboratory or agency.
(d)
Equipment that is placed on tables or counters,
unless portable, shall be sealed to the table or counter or elevated
on legs to provide at least a four-inch clearance between the table
or counter and equipment and shall be installed to facilitate the
cleaning of the equipment and adjacent areas.
(e)
Utensils containing or plated with cadmium,
lead or zinc shall not be used, although solder containing lead may
be used for jointing if otherwise permitted by all applicable laws,
ordinances and regulations.
(f)
All glassware, china, crockery, pottery and
utensils or equipment of a similar character or coating shall be free
from breaks, cracks and chipped places.
(2)
Accessibility for cleaning. All equipment shall be
so installed and maintained as to facilitate the cleaning thereof
and of all adjacent areas.
(3)
Single-service articles. Single-service articles shall
be made from nontoxic materials and shall have been manufactured,
packaged, transported, stored and handled in a sanitary manner and
shall be used only once.
F.
Cleaning and sanitizing of equipment and utensils.
(1)
General.
(a)
All eating or drinking utensils shall be thoroughly
cleaned, rinsed and sanitized after each usage.
(b)
All kitchenware and food-contact surfaces of
equipment used in the preparation or serving of food or drink and
all multi-use food-storage utensils, exclusive of cooking surfaces
of equipment, shall be thoroughly cleaned after each use. Cooking
surfaces of equipment 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, except
that food-contact surfaces of equipment or utensils which will be
heated in the baking or cooking process of food preparation to above
140° F. shall not be required to be sanitized prior to usage.
Surfaces of equipment which do not come in contact with food shall
be cleaned at such intervals as to keep them in a clean and sanitary
condition. After cleaning and until use, all food-contact surfaces
of equipment and utensils shall be so stored and handled as to be
protected from contamination.
(d)
Cloths used for wiping food spills on tableware,
such as plates or bowls to be served to the consumer, shall be clean,
dry and used for no other purpose.
(e)
Moist cloths or sponges used for wiping food
spills on kitchenware and food-contact surfaces of equipment shall
be clean and rinsed frequently in appropriate sanitizing solutions
and shall be used for no other purpose. These cloths and sponges shall
be stored in the sanitizing solution between uses.
(2)
Manual dish-washing.
(a)
When manual dish-washing is employed, equipment
and utensils shall be thoroughly washed in a warm detergent solution
which is kept reasonably clean and then shall be rinsed free of such
solution. All eating and drinking utensils and, where required, the
food-contact surfaces of all other equipment and utensils, shall be
sanitized by one of the following methods:
[1]
Immersion for at least 1/2 minute in clean hot
water at a temperature of at least 170° F. Thermometers accurate
to ±3° F. shall be provided convenient to the sink to permit
frequent checks of the water temperature.
[2]
Immersion for a period of at least one minute
in a sanitizing solution containing one of the following:
[a]
At least 50 parts per million of available chlorine
at a temperature of not less than 75° F.
[b]
At least 12.5 parts per million of available
iodine in a solution having a pH not higher than 5.0 and a temperature
of not less than 75° F.
[c]
Any other chemical sanitizing agent which has
been demonstrated to the satisfaction of the Department to be effective
and nontoxic under use conditions and for which a suitable field text
is available. Such sanitizing agents, in use solutions, shall provide
the equivalent bactericidal effect of a solution containing at least
50 parts per million of available chlorine at a temperature not less
than 75° F.
[3]
Equipment too large or impractical to treat by the methods in Subsection F(2)(a)[1] or [2] of this section may be treated:
[a]
With live steam from a hose, in the case of
equipment in which steam can be confined;
[b]
By rinsing with boiling water; or
[c]
By spraying or swabbing with a chemical sanitizing
solution of at least twice the minimum strength required for the particular
sanitizing solution when used for immersion sanitization.
(b)
Public eating and drinking places shall conduct
manual washing and sanitization of utensils only in three-compartment
sinks, with the following exceptions and conditions:
[1]
In establishments were the only utensils to
be washed are limited to spatulas, tongs and similar devices and when
the only equipment to be cleaned is stationary and does not require
disassembly for proper cleaning, a one-compartment sink may be approved
by the licensor for such purpose.
[2]
At least a two-compartment sink shall be provided
and used for washing kitchenware and equipment which does not require
sanitization.
(c)
Sinks used for manual washing and sanitizing
operations shall be of adequate length, width and depth to permit
the complete immersion of the equipment and utensils, and each compartment
of such sinks shall be supplied with hot and cold running water.
(d)
Where there is a need for a slop sink or device
to discard liquid waste, such sink or device shall be provided in
addition to the three-compartment sink. Cleaning wastes shall not
be emptied into sinks used for the preparation of food or the cleaning
and sanitizing of utensils.
(e)
When hot water is used as the sanitizing agent
in manual operations, dish baskets shall be of such design as to permit
complete immersion of the utensils and equipment components being
sanitized therein. The sink compartment used for the sanitization
process shall be equipped with heating facilities which are capable
of maintaining the temperature of the water at not less than 170°
F.
(3)
Machine dish-washing.
(a)
Dish-washing machines, including prewashing
units, shall be designed, constructed, installed, maintained and operated
so as to comply with the following criteria, if applicable:
[1]
When chemicals are relied upon for sanitization,
they shall be of a class or type approved by the Department and shall
be applied in such concentration and for such a period of time as
to provide effective bactericidal treatment of the equipment and utensils.
[2]
An easily readable thermometer shall be provided
in each tank of the dishwashing machine which will indicate to an
accuracy of ±3° F. the temperature of the water or solution
therein. In addition, a thermometer of equal accuracy shall be provided
which will indicate the temperature of the final rinse as it enters
the manifold. All thermometers shall be so placed as to be easily
read by the operator and so located as not to be unduly exposed to
breakage.
[3]
The wash and final rinse cycles of all machines
shall be automatically timed.
[4]
The flow pressure of the final rinse water shall
not be less than 15 or more than 25 pounds per square inch in the
line at the machine.
[5]
Appropriate connections shall be provided to
enable the testing of the temperature and pressure of the final rinse
water, and plumbing connections shall be located immediately adjacent
to the supply side of the valve control in the line carrying the final
rinse water to the dish-washing machine.
[6]
When automatic cold-water glass washers are
employed for washing and sanitizing glasses, the following provisions
shall be met:
[a]
The washer shall be self-cleaning and sanitizing.
[b]
All used water shall flow out of the washer
immediately following use.
[c]
The washer shall contain brushes or employ other
effective means which will adequately clean both the inside and the
outside of the glass.
[d]
The detergent-sanitizer used shall be one that
is expressly for use in cold-water glass washers and is effective.
(b)
Any other type of machine, device or facilities
and procedures may be approved by the Department for cleaning or sanitizing
equipment and utensils, if it can be readily established that such
machine, device or facilities and procedures will routinely render
equipment and utensils clean to sight and touch and provide effective
bactericidal treatment.
(4)
Lack of adequate facilities. Public eating and drinking
places which do not have adequate and effective facilities for cleaning
and sanitizing utensils shall use single-service articles which may
be used only once.
(5)
Utensils for frozen desserts and drink.
(a)
Spoons, dippers, scoops and other utensils used
in serving and packaging ice cream and allied products shall be cleansed
thoroughly with hot water and soap at least once each day immediately
following the day's operation. During the period when they may be
used, such utensils shall be kept in running water, if practicable.
Otherwise, the water shall be changed frequently enough to keep it
clean.
(b)
Straws offered for use shall be wrapped, and
the use of bulk, unwrapped straws shall be prohibited.
(c)
Dispensing scoops, spoons and dippers used in
serving frozen desserts shall be stored, between uses, either in an
approved running-water dipper well or in a manner approved by the
Department.
G.
Sanitary facilities and controls.
(1)
Water supply.
(a)
Hot and cold running water under pressure shall
be provided in all areas where food is prepared or where equipment,
utensils or containers are washed.
(b)
All water used in the operation of a public
eating and drinking place shall be provided from a supply approved
by the licensor. Approval of a water supply shall be based upon satisfactory
compliance with construction standards for water supplies approved
by the Department.
(c)
The water supply shall be adequate in quantity
and shall meet the bacteriological and chemical water standards of
the Department. Unapproved water supplies shall be made inaccessible
to the public in a manner deemed satisfactory to the licensor.
(d)
When bottled water is used in an establishment,
it shall be from a source under permit from the Department.
(3)
Sewage disposal. All sewage disposal systems serving public eating and drinking places shall be approved by the licensor. Approval of the sewage disposal system shall be based upon satisfactory compliance with the provisions set forth in Chapter 180, Sewers, and any other applicable laws, ordinances or regulations.
(4)
Plumbing.
(a)
Plumbing shall be sized, installed and maintained
in order to:
(b)
Devices shall be installed to protect against
backflow and back siphonage at all fixtures and equipment where an
air gap at least twice the diameter of the water supply inlet is not
provided between the water supply inlet and the fixture's flood level
rim. A hose shall not be attached to a faucet unless a backflow prevention
device is installed.
(5)
Toilet facilities.
(a)
For employees. Each public eating and drinking
establishment shall be provided with adequate, conveniently located
toilet facilities for its employees. When approved by the licensor,
public eating and drinking places may be authorized to use toilet
facilities not located directly within such establishments.
(b)
For patrons. For all new establishments or establishments
undergoing alterations, toilet facilities, separate for each sex,
shall be provided on the premises for patrons and shall be located
so as not to require the patrons to pass through any food preparation
area. Toilet facilities need not be installed for the patrons whenever
food is not consumed within an eating and drinking place or when only
carry-out food is provided.
(c)
Sanitary design. All toilet rooms shall be maintained
in compliance with the following requirements:
[1]
Toilet fixtures shall be of sanitary design
and be readily cleanable.
[2]
All facilities shall be kept in a clean condition
and good repair.
[3]
Doors in all toilet rooms shall be self-closing.
[4]
Toilet tissue shall be provided.
[5]
Rooms shall be ventilated to outside air.
[6]
Easily cleanable receptacles shall be provided
for waste materials.
[7]
Receptacles shall be provided in toilet rooms
for women for sanitary napkins, and such containers shall have covers.
(6)
Hand-washing facilities.
(a)
Each public eating and drinking place shall
be provided with adequate, conveniently located hand-washing facilities
for its employees, including a lavatory or lavatories equipped with
hot and cold or tempered running water, hand cleansing soap or detergent,
and approved sanitary towels or other approved hand-drying devices.
(b)
Hand-washing facilities shall be subject to
the following requirements:
[1]
The facilities shall be kept clean and in good
repair.
[2]
Hands shall not be washed in sinks used for
the preparation of food or the cleaning or sanitizing of utensils.
[3]
When the hot water is above 110° F., a mixing
valve or combination faucet shall be provided.
[4]
Facilities shall be located within all toilet
rooms, including those provided for the public.
[5]
In all new establishments and establishments
which are extensively altered, a hand-washing facility shall be located
within the area where food is prepared, not more than 50 feet from
any work area.
[6]
Lavatories shall be adequate in size and number
and so located as to permit convenient and expeditious use by all
employees.
(7)
Garbage and refuse disposal.
(a)
Food waste. All garbage and refuse containing
food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent,
rust- and corrosion-resistant containers of adequate number, which
shall be kept covered with tight-fitting lids when filled or stored
or not in continuous use. Any other manner of garbage and refuse storage
may be used if approved by the licensor.
(b)
All other. All other rubbish shall be stored
in containers, rooms or areas of sufficient numbers and size so as
to prevent arthropod or rodent problems and other nuisances. Adequate
cleaning facilities shall be provided, and each container, room or
area shall be thoroughly cleaned after each emptying or removal of
garbage and rubbish. When disposal of garbage or refuse is accomplished
within or upon the premises of the establishment, the disposal facilities
shall be operated and maintained so as not to create a nuisance or
a health hazard.
(8)
Insect and rodent control. Adequate measures for the
control of arthropods and rodents which the Department deems a public
health hazard shall be taken in a manner satisfactory to the licensor.
H.
Care of other facilities and operations.
(1)
Floors, walls and ceilings.
(a)
The floor surfaces in kitchens, in all other
rooms and areas in which food is stored or prepared and in which utensils
are washed, and in walk-in refrigerators, rubbish or food waste rooms,
dressing or locker rooms and toilet rooms shall be of smooth, nonabsorbent
materials and so constructed as to be easily cleanable.
(b)
The juncture between the floor and wall shall be closed, and in new establishments or those extensively altered, it shall also be covered. Carpeting is prohibited in all areas referred to in Subsection H(1)(a) and in equipment-washing areas where it would be exposed to large amounts of grease and water. The floors of nonrefrigerated dry food storage areas need not be nonabsorbent.
(c)
All floors, walls and ceilings shall be kept
clean and in good repair.
(d)
All walls or rooms or areas in which food is
prepared, or utensils or hands are washed, or rubbish or food waste
is stored shall be easily cleanable, smooth, light-colored and shall
have washable surfaces up to the highest level reached by splash or
spray. Ceilings in food preparation and utensil washing areas shall
be light-colored.
(2)
Floor drains. Floor drains shall be provided in all
rooms where floors are subjected to the type of cleaning which involves
the use of water hoses. Such floors shall be graded to drain.
(3)
Surface of exterior areas.
(a)
All exterior area where food is served shall
be kept clean and properly drained, and surfaces in such areas shall
be finished so as to facilitate maintenance and minimize dust.
(b)
The walking and driving surfaces of all exterior
areas where food is served shall be kept clean and free of debris
and shall be properly drained so that water will not accumulate. Such
areas shall be surfaced with concrete or asphalt or with gravel or
similar material effectively treated to facilitate maintenance and
to minimize dust.
(4)
Lighting.
(a)
All areas in which food is prepared or stored
or utensils are washed, hand-washing areas, dressing or locker rooms,
toilet rooms and garbage and rubbish storage areas shall meet the
minimum illumination standards of the Department.
(b)
Lights and fixtures suspended over exposed food
or equipment shall be of the safety type or otherwise constructed
to protect food products and equipment from damage by breakage.
(c)
During all cleanup activities, adequate light
shall be provided in the area being cleaned and upon or around equipment
being cleaned.
(5)
Ventilation.
(a)
All 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.
(b)
Mechanical ventilation facilities which meet
the standards of the Department 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)
All mechanical ventilation devices, including
blowers, canopies, hoods and ducts, shall be so constructed as to
be easily cleanable and shall be maintained as to prevent grease or
other materials from dropping into or onto food preparation surfaces.
(d)
All exhaust outlets from mechanical ventilating
devices shall be designed and installed so as to avoid creating a
nuisance.
(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.
(6)
Dressing rooms and lockers.
(a)
Adequate facilities shall be provided for the
orderly storage of the clothing and personal belongings of employees.
Where employees routinely change clothes within the establishment,
one or more dressing rooms or designated areas shall be provided for
this purpose. Such designated areas shall be located outside of the
food preparation, storage and serving areas, and the utensil washing
and storage areas.
(b)
When approved by the licensor, such an area
may be located in a storage room where only completely packaged food
is stored. Designated areas as well as dressing rooms shall be provided
with lockers or other suitable facilities and shall be kept clean.
(7)
General cleanliness.
(a)
All parts of public eating and drinking establishments
and their premises shall be kept neat, clean and free of litter, garbage
and rubbish.
(b)
Cleaning operations shall be conducted so as
to prevent contamination of food and food-contact surfaces.
(c)
The operations connected within a public eating
and drinking place shall not be conducted in any room used for living
or sleeping quarters.
(d)
Soiled linens, coats and aprons shall be kept
in suitable containers until removal for laundering.
(e)
Live birds or animals shall not be allowed in
any area where public eating or drinking place operations are carried
on, except that guide dogs accompanying blind persons may be permitted
in dining areas.
(f)
Vacuum cleaning, wet cleaning or other dustless
methods of floor and wall cleaning shall be used or dust-arresting
sweeping compounds and pushbrooms shall be employed. All such cleaning,
except emergency floor cleaning, shall be done during those periods
when the least amount of food is exposed, such as after closing or
between meals.
I.
Plan review.
(1)
Review by licensor.
(a)
Before work is begun in the construction, remodeling
or alteration of a public eating and drinking place where food is
prepared, stored or served or in the conversion of an existing establishment
to an eating or drinking place, properly prepared plan and specifications
shall be submitted to and approved by the licensor.
(b)
The plans and specifications submitted to the
licensor by the owner of a future public eating and drinking place
shall include, where applicable, data relating to the following:
A.
Food supplies. The provisions regulating food supplies for temporary eating and drinking places shall be the same as prescribed in § 127-2A of this chapter, relating to food supplies of public eating and drinking places.
B.
Food protection and storage.
(1)
Temporary eating and drinking places shall comply with the provisions of § 127-2B of this chapter, relating to food protection and storage in public eating and drinking places.
(2)
Wet storage of packaged, canned or bottled food or
drink shall be prohibited, except that beverages may be stored in
direct contact with chipped or crushed ice when the following requirements
are met:
(a)
Drains are provided which prevent the accumulation
of water in the storage compartment.
(b)
The cap, top, crown or pouring lip of the container
is not submerged in the ice.
(c)
Wastewater from the storage facility is disposed
of so as not to create a nuisance or any sanitation problems.
(d)
The ice and storage facility are kept clean
at all times.
(e)
Potentially hazardous beverages, prior to icing,
have an internal temperature of not more than 45° F. and are kept
properly iced at all times.
C.
Custards and cream fillings. Treatment of custards and cream fillings shall be as prescribed in § 127-2C(2) of this chapter, relating to custards and cream fillings.
D.
Health and disease control. Control of temporary eating- and drinking-place employee health and infections shall be as prescribed in § 127-2D of this chapter, relating to health and disease control of employees in public eating and drinking places.
E.
Design and installation of equipment and utensils.
(1)
General. Design and installation provisions shall be as prescribed in § 127-2E of this chapter, relating to design and installation of equipment and utensils.
(2)
Additional requirements. Mobile food-service establishments
shall also meet the following requirements:
(a)
All power equipment shall be installed so as
to eliminate the danger from electrical shock.
(b)
Service openings shall be no larger than necessary
to carry out the food operation and shall be of such size as to prevent
health hazards. Service openings shall be kept closed at all times
except when food is actually being served. When the mobile unit is
in motion, such openings shall be covered with a solid material so
as to prevent the entrance of dust, flies and other sources of contamination.
(c)
Equipment shall be installed so as to protect
unwrapped foods from customer handling.
(d)
The driver's compartment as well as the food
preparation and storage areas shall be enclosed and protected against
the entrance of airborne contaminants and vermin. However, the licensor
may accept a mobile food-service establishment of different design
whenever only commercially packaged or canned food are sold and the
contents are not removed from the original package prior to being
sold.
(e)
The driver's compartment shall be separated from the food service, storage and preparation areas by a wall. The wall on the side of the food compartment shall meet the wall requirements of § 127-2H(1), (2), (3) and § 127-3H(1) of this chapter, relating to floors, walls and ceilings, floor drains and the surface of exterior areas. However, a wall need not be provided if the doors of the driver's compartment are self-closing and cannot be propped open when the mobile unit is in motion. Doors used to gain entrance from one part of the mobile unit to another shall be self-closing and constructed from solid material.
(f)
The hot food storage facilities and cold storage
facilities in a mobile food-service establishment shall be capable
of operating at all times whenever perishable or potentially hazardous
foods are stored therein.
F.
Cleaning and sanitization of utensils and equipment.
(1)
General.
(a)
All temporary public eating and drinking places
shall use single-service articles to serve food and drink to the public.
However, where adequate dish-washing facilities are available and
properly used, eating or drinking utensils may be utilized for customer
service.
(b)
All eating and drinking utensils shall be thoroughly
cleaned, rinsed and sanitized after each usage in a three-compartment
sink.
(c)
When the only utensils to be washed are limited
to spatulas, tongs and similar devices and when the only equipment
to be cleaned is stationary and does not require disassembly for proper
cleaning, a one-compartment sink may be approved by the licensor for
this purpose.
(d)
At least a two-compartment sink shall be provided
and used for washing kitchenware and equipment which does not require
sanitation.
(e)
Each compartment of all sinks shall be supplied
with hot and cold running water.
(f)
Temporary public eating and drinking places shall comply with the provisions set forth in § 127-2F(1)(b) and (c) of this chapter, relating to cleaning and sanitizing of equipment and utensils.
(2)
Manual dish-washing.
(a)
Temporary public eating and drinking places shall comply with the provisions set forth in § 127-2F(2)(a), (d) and (e) of this chapter relating to manual dish-washing.
(b)
Any type of machine, device or facilities and
procedures may be approved by the Department for cleaning or sanitizing
equipment and utensils, if it can be readily established that such
machine, device or facilities and procedures will routinely render
equipment utensils clean to sight and touch and provide effective
bactericidal treatment.
G.
Sanitary facilities and controls.
(2)
Exceptions to water provisions.
(a)
Hot and cold running water under pressure need
not be piped to temporary eating and drinking places whenever:
[1]
The only utensils are limited to knives, spatulas,
tongs and similar devices or a single container.
[2]
Extensive soiling of the temporary public eating
and drinking places from the food operation does not occur.
[3]
The equipment to be cleaned is stationary and
does not require disassembly for proper cleaning.
[4]
No health hazard will result.
(b)
When the conditions of Subsection G(2)(a) of this chapter are met, the proprietor shall comply with the following:
[1]
Water required for cooking, cleaning and hand-washing
shall be obtained in a container which has a tight-fitting lid and
is easily cleanable.
[2]
The outlet from which the water is obtained
shall be so located and protected as to preclude contamination of
the water outlet as well as the water being drawn.
[3]
An adequate quantity of water shall be provided
within the temporary eating and drinking place in containers approved
by the licensor as to design, construction and size.
(3)
Additional water requirements. Mobile food-service
establishments shall comply with the following requirements:
(a)
The water system shall be closed to contamination
from the filling inlet to the discharge outlets. Vent openings are
permitted wherever necessary, if properly protected to prevent contamination
of the water supply.
(b)
The water-filling inlet shall be so located
and designed that it is protected from contamination, provided with
a hose connection of a different size and type from the waste retention
tank flushing connections on the mobile unit and easily accessible.
(c)
The water storage tank shall have a minimum
capacity equivalent to the amount needed for one day of operation,
but in no case shall be less than five gallons, unless otherwise approved
by the licensor.
(d)
Whenever the waste retention tank is cleaned
or flushed in place, two separate hoses shall be provided for the
servicing operation, one for use in filling the water storage tank
and one for use in flushing the waste retention tank.
(e)
The water fill hose, unless otherwise protected
from contamination, shall have the end of the hose provided with a
permanently attached disc or molded protection so that the nozzle
will not rest on the ground or floor if dropped. The filler hose shall
be kept in the vehicle and shall be protected from contamination.
(f)
Hot-water generating facilities shall be provided
which are able to function whether the vehicle is mobile or stationary.
(4)
Additional sewage disposal provisions.
(a)
Mobile food-service establishments shall comply
with the following requirements:
[1]
A suitable liquid waste system, including a
waste tank having a capacity of five gallons greater than the water
storage and distribution system and hot-water generating system combined,
shall be provided. The waste tank shall be capable of being completely
drained and flushed.
[2]
When wastes are retained in removable soil or
waste cans, provision shall be made to fix the cans in place so as
to prevent excrement or waste from falling or spilling outside of
the container.
[3]
When the soil can is removed from the mobile
unit, the contents shall be enclosed or covered while being transported
to the facilities for emptying and cleaning of the cans.
[4]
All hoses used to clean soil cans shall be equipped
with acceptable vacuum breakers installed on the discharge side of
the last control valve.
[5]
When wastes are stored in retention tanks which
are permanently installed on the mobile unit, the tanks shall be so
designed that the contents cannot be discharged when the vehicle is
in motion. In addition, discharge control devices on the retention
tank outlet shall be designed to prevent leakage and to prevent spattering
of the servicing area or servicing area personnel.
[6]
The disposal of all waste shall be done so as
not to create a nuisance or health hazard.
(b)
Temporary public eating and drinking places
which do not have water piped to their facility and which do not have
a plumbing system within their facility that connects to an approved
waste disposal system shall:
(5)
Toilet facilities. Each temporary public eating and
drinking place shall have available adequate, conveniently located
toilet facilities for its employees. A mobile food-service establishment
shall be provided with toilet facilities approved by the licensor
on the vehicle if the operator does not have access to such facilities
at his designated stops or base of operation.
(6)
Hand-washing facilities.
(a)
Each temporary public eating and drinking place
shall be provided with adequate, conveniently located hand-washing
facilities for its employees, including a lavatory or lavatories equipped
with hot and cold or tempered running water under pressure, hand cleansing
soap or detergent and approved sanitary towels or other approved hand-drying
devices.
(b)
Temporary eating and drinking places which do
not have water piped to their facilities may utilize the following:
[1]
Auxiliary heating facilities to produce an ample
supply of hot water.
[2]
A basin or pan in lieu of a sink. Such container
shall be emptied and rinsed immediately after each person's use.
[3]
An adequate quantity of water shall be provided
within the establishment in containers approved by the licensor for
design, construction and size.
H.
Care of other facilities.
(1)
Floors, walls and ceilings.
(b)
Temporary public eating and drinking places
which are not permanently located shall be eligible for the following
exceptions to the provisions of SubsectionH(1)(a):
[1]
Floors may be dirt or gravel-covered when graded
to prevent the accumulation of liquids. Such floors shall be covered
with removable, cleanable wooden platforms or duckboards which shall
be kept clean. The area underneath such platforms shall also be kept
clean.
[2]
The walls enclosing food operations may be of
canvas or another type of material approved by the licensor whenever
one of the following conditions exists:
[a]
The food service equipment is so located and
of such type that the walls will not become soiled during the food
preparation and serving operations.
[b]
Durable, smooth, nonabsorbent and easily cleaned
splash backs or splash guards are provided which prevent soiling of
the walls. The installation of such protective devices shall be done
so no cleaning, rodent or insect problems can occur.
(2)
Lighting. All areas in which food is prepared or stored
or utensils are washed, hand-washing areas and garbage and refuse
areas shall be well-lighted and adequate for all necessary operations.
(3)
Ventilation. Adequate ventilation shall be provided
when necessary and shall comply with the ventilation standards of
the Department.
(4)
Dressing rooms and lockers. Adequate facilities shall
be provided for the orderly storage of clothing and personal belongings
of employees. These facilities shall be kept clean.
A.
Food supplies.
(1)
Examination of food. Retail food establishments shall comply with the provisions set forth in § 127-2A(4) of this chapter, relating to examination of food in public eating and drinking places.
(2)
General. All food in retail food establishments shall
be clean, wholesome, free from spoilage, free from adulteration and
safe for human consumption. No food prepared in a private home or
which has been 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, unless such place is regulated by a
health authority or other appropriate official regulatory agency.
Food received from a caterer or commissary shall not be offered for
sale unless such caterer or commissary has a valid license as provided
in the Act of May 23, 1945, P.L. 926, as amended (35 P.S. § 655.1
et seq.).
B.
Food protection and preparation.
(1)
General.
(b)
Retail food establishments shall comply with the provisions set forth in § 127-2B(3)(b) and (c) of this chapter, relating to cold storage facilities of public eating and drinking places, except that food or drink may be stored in direct contact with chipped or cracked ice when the following conditions exist:
[1]
Drains are provided which prevent the accumulation
of water in the storage compartment.
[2]
The cap, top, crown or pouring lip of food containers
are not submerged in the ice.
[3]
Wastewater from the storage facility is disposed
of so as not to create a nuisance or any sanitation problems.
[4]
The ice and storage facility are kept clean
at all times.
[5]
Potentially hazardous foods, prior to icing,
have an internal temperature of not more than 45° F. and are kept
properly iced at all times.
[6]
The food or container is of such type that no
health hazard may result.
(c)
Only persons directly employed in the retail food establishment shall be permitted to handle unpackaged food intended for sale to the public. Display cases shall be so designed and arranged to prevent handling of such food by the public. The provisions of this Subsection B(1)(c) shall not apply to produce or any other product which is adequately packaged, wrapped or protected for display and self-service to the customer.
(d)
No food shall be wrapped in newspapers or previously
used wrapping paper.
(e)
The evisceration, skinning, dressing or other
operation, except the cutting, slicing or grinding of meat or poultry
to facilitate its use, handling or sale, shall be prohibited in sales
rooms.
(f)
All perishable food shall be stored at such
temperatures as shall protect against spoilage. All potentially hazardous
food shall be maintained at safe temperatures.
(g)
Meat, poultry, fish and other food requiring
no further heat treatment before eating shall not be placed directly
on a scale unless such food is placed in a single-service container
or on wrapping paper which is only used one time.
(2)
Cold storage facilities.
(a)
Foods shall be stored in each cold storage facility
or refrigerator so as to permit the free circulation of cold air,
and in such a manner as to prevent contamination, except that food
already at or below 45° F. may be placed in display cases without
regard to air circulation, provided that the case is capable of maintaining
this product temperature.
(b)
To promote rapid cooling, potentially hazardous
foods shall be stored in the refrigerator in shallow containers or
by such other approved means that will ensure the cooling of the total
mass to a temperature of 45° F. or less within two hours, unless
otherwise specified by the Department.
(3)
Frozen food.
(a)
Frozen food shall be kept at such temperatures
as to remain frozen.
(b)
Frozen products shall be moved into frozen storage
immediately upon delivery.
(c)
Frozen food products shall not be loaded above
the load limit line on display cases or in such a manner as to in
any way block the circulation of cold air.
(d)
Any freezer case found to be overloaded or containing
thawed or partially thawed foods shall subject the food products therein
contained to condemnation and destruction.
(e)
Food products shall be rotated in such a manner
that the products first in the display case or storage areas are the
first product to be sold.
(f)
All frozen food products shall have the date
of processing stamped or printed upon each package or container. This
requirement may be met by calendar or code dating.
(g)
Frozen foods, once thawed, shall not be refrozen.
C.
Health and disease control for employees. Retail food establishments shall comply with the provisions set forth in § 127-2D of this chapter, relating to health and disease control for employees in public eating and drinking places.
D.
Maintenance of food equipment and utensils.
(1)
General.
(a)
Retail food establishments shall comply with the provisions set forth in § 127-2E of this chapter, relating to maintenance of equipment and utensils.
(b)
Meat blocks and cutting boards shall be free
of holes, cracks and crevices and shall be kept clean by effective
methods.
(c)
No oil cloth or newspaper shall be used on any
counter, table or shelf where food is handled.
(2)
Equipment design and installation. All equipment,
where applicable, shall be designed, installed and operated in accordance
with the criteria set forth by the National Sanitation Foundation,
Automatic Merchandising Health-Industry Council, Baking Industry Sanitation
Standards Committee and the Committee for 3-A Sanitary Standards for
Dairy Equipment or other nationally recognized testing laboratory
or agency, with the following exceptions:
(a)
Equipment which was installed in a retail food
establishment prior to June 27, 1968, and which does not meet fully
all of the design and construction requirements of this section, shall
be deemed acceptable in that establishment if it is in good repair,
capable of being maintained in a sanitary condition and the food-contact
surfaces are nontoxic.
E.
Cleaning and sanitization of equipment and utensils.
(1)
General.
(a)
All utensils and food-contact surfaces of equipment,
exclusive of cooking surfaces of equipment, shall be thoroughly cleaned
after each use.
(b)
Cooking surfaces of equipment shall be cleaned
at least once a day.
(c)
All utensils and food-contact surfaces of equipment
used in the preparation, handling or storage of potentially hazardous
food shall be thoroughly cleaned, rinsed and sanitized in a three-compartment
sink prior to such use. However, food-contact surfaces of equipment
or utensils which will be heated in the baking or cooking process
of food preparation to above 140° F. need not be sanitized prior
to usage.
(d)
Nonfood contact surfaces of equipment shall
be cleaned at such intervals as to keep them in a clean and sanitary
condition.
(e)
After cleaning and until use, all food-contact
surfaces of equipment and utensils shall be stored and handled as
to be protected from contamination.
(2)
Sinks for washing.
(a)
In those retail food establishments where the
only items to be washed are limited to spatulas, tongs and similar
devices and when the only equipment to be cleaned is stationary and
does not require disassembly for proper cleaning, a one-compartment
sink may be approved by the licensor for washing and sanitizing purposes.
(b)
At least a two-compartment sink shall be provided
and used for washing utensils and equipment which does not require
sanitization.
(c)
Sinks used for manual washing and sanitizing
operations shall be of adequate length, width and depth to permit
the complete immersion of the equipment and utensils, and each compartment
of such sinks shall be supplied with hot and cold running water. If
the licensor deems it impractical to meet this requirement for large
utensils or equipment, a smaller sink may be approved.
(3)
Slop sinks. Where there is a need for a slop sink
or device to discard liquid waste, such sink or device shall be provided
in addition to the equipment and utensil washing sinks.
A.
OCCASIONAL FOOD ESTABLISHMENT
Definitions. The following phrase, when used in this
section, shall have the following meaning:
Any facility regulated by the provisions of this chapter
in which food service is not the primary function of the establishment
and in which food service is not provided more than 12 times per year.
B.
Licensing fee schedule. Food establishments shall
pay the following license fees to the Township, and the licensor is
hereby authorized to charge and collect such fees:
(1)
Food establishments (other than temporary public eating
and drinking places and occasional food establishments):
|
Number of Seats
|
Fee
(per year)
| |
|---|---|---|
|
0 and no preparation or processing of food
|
$50
| |
|
0 to 25
|
$150
| |
|
26 to 50
|
$200
| |
|
51 to 75
|
$250
| |
|
76 to 100
|
$300
| |
|
101 to 125
|
$350
| |
|
126 to 250
|
$400
| |
|
251 and above
|
$450
|
(2)
Occasional food establishments: $50 (per year).
(4)
Plan review. In addition to the applicable fee set
forth above, the licensing fee for each food establishment shall include
a charge of $50 per hour for the review of plans which this chapter
requires be submitted to the licensor.
[Added 9-9-1991 by Ord. No. 490; amended 3-9-1992 by Ord. No.
504]
