[Ord. 02-23, 12/12/2002]
There is hereby adopted by the Board of Commissioners of the
Township of Susquehanna for the purpose of establishing rules and
regulations governing the retail sale, commercial and institutional
service, and vending of food; defining permit holder, person in charge,
employee, food, potentially hazardous food, food establishment, safe
material, sanitization and other terms; and providing standards for
employee food safety knowledge, health and practices, food sources,
preparation, holding temperatures and protection; equipment design,
construction, installation, cleaning and sanitization; water and liquid
and solid wastes; facilities construction and maintenance and storage
and use of poisonous and toxic materials; requiring a permit to operate
a food establishment; and providing for restriction or exclusion of
employees, the examination and condemnation of food and enforcement
and penalties, that certain food code known as the "Food Code, 2001
Recommendations of the United States Public Health Service/Food and
Drug Administration," as published by the U.S. Department of Health
and Human Services, Public Health Services, Food and Drug Administration,
three copies of which are on file in the office of the Secretary of
the Township of Susquehanna, as the Food Code of the Township of Susquehanna,
save and except such portions as are hereinafter deleted, modified
or amended, and the same are hereby adopted and incorporated as fully
as if set out at length, and from the date on which this Part shall
take effect, the provisions thereof shall be controlling in the regulating
of design, construction, management and operation of food establishments,
inspection of food establishments and providing for plan submission
and approval and the issuance of permits and collection of fees therefor
within the limits of the Township of Susquehanna.
[Ord. 02-23, 12/12/2002; as amended by Ord. 04-05, 6/10/2004,
§ 1; and by Ord. 09-08, 9/10/2009]
1.
Revisions. The following sections or provisions of the Food Code
are revised to read as follows; provided, however, that unless the
context indicates otherwise, all unaffected sections, provisions or
subsections remain as set forth in the Food Code:
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1-201.10(B) Terms defined.
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(73)
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"Regulatory Authority" means the Township of Susquehanna, acting
by and through its Health Officer.
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(95)
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"Temporary Food Establishment" means a food establishment that
operates for a temporary period in connection with a fair, carnival,
circus, public exhibition, or other similar gathering, or in conjunction
with a single event or celebration.
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Section 210.1. Definitions. "Potentially Hazardous Food" shall
mean a food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting: (i) the rapid
and progressive growth of infectious or toxigenic microorganisms;
(ii) the growth and toxin production of Clostridium botulinum; or
(iii) in raw shells eggs, the growth of Salmonella Enteritidis. Potentially
hazardous food includes an animal food (a food of animal origin) that
is raw or heat-treated; a food of plant origin that is heat-treated
or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures
that are not modified in a way that results in mixtures that do not
support growth as specified in this definition. Potentially hazardous
food does not include: (i) an air-cooled hard-boiled egg with shell
intact, or a shell egg that is not hard-boiled, but has been treated
to destroy all viable Salmonellae; (ii) a food with an aw value of
0.85 or less; (iii) a food with a pH level of 4.6 or below when measured
at 24° C. (75° F.); (iv) a food in an unopened hermetically
sealed container, that is commercially processed to achieve and maintain
commercial sterility under conditions of nonrefrigerated storage and
distribution; (v) a food for which laboratory evidence demonstrates
that the rapid and progressive growth of infectious or toxigenic microorganism
or the growth S, Enteritidis in eggs or C. botulinum can not occur,
such as a food that has an aw and a pH that are above the levels specified
herein and that may contain a preservative, other barrier to the growth
of microorganisms, or a combination of barriers that inhibit the growth
of microorganisms; or (vi) a food that does not support the growth
of microorganisms as specified, in this definition, even though the
food may contain an infectious or toxigenic microorganism or chemical
or physical contaminant at a level sufficient to cause illness.
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Section 210.2. Prohibition of potentially hazardous food. No
public food merchandising establishment within the Township of Susquehanna
may sell for consumption, on or off the premises, any food product
which is potentially hazardous food as herein defined beyond the date
for sale, delivery or consumption labeled. It is unlawful for any
proprietor to allow any products to be sold, delivered or offered
for sale in violation of this provision, and a violation hereof shall
subject the violator to penalty to the fullest extent allowed for
violation of a Township Ordinance.
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5-402.12. Grease traps.
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(A)
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General. Approved grease traps must be installed to treat wastewater
emanating from any food establishment. Such establishments include,
but are not limited to: motels, cafeterias, restaurants, hospitals,
schools and other institutions. Wastewater from garbage grinders should
not be discharged to grease traps.
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(B)
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Grease trap design and location requirements.
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(1)
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New food establishments or existing food establishments without
grease traps: Except as indicated below, the grease trap shall be
placed outside the food establishment, receive only wastewater from
food service related activities (i.e., no sanitary sewage), and shall
discharge into the sewer system. Grease traps shall be located within
20 to 30 feet from the plumbing fixtures served to prevent congealing
and clogging of waste lines. The minimum size of grease traps permitted
is 1,000 gallons. Other design considerations include: (i) the inlet
and outlet on the grease trap shall be properly baffled (double compartment);
(ii) manhole is to be finished to grade to allow for easy access for
proper maintenance; and (iii) inaccessibility of the trap to insects
and vermin.
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Except as otherwise provided, grease interceptors shall be located
outside the rear of food establishments and in non-traffic areas for
all installations. Where an interceptor must be located in an area
used by vehicles, it shall have a cover designed for heavy traffic
applications. Each unit shall be serviceable on grade with the cover
completely removable. The cover shall be surrounded by a housekeeping
pad of concrete construction. In addition, where required by the manufacturer,
the unit shall be placed in an insulated pit designed to manufacturer's
specifications. The interceptor shall be accessible at all times to
the Township Plumbing Inspector and Township Sewer Authority personnel.
Each proposed interceptor design shall be approved by the Township
Sewer Authority prior to installation.
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Interceptors may be installed inside existing food establishments
in those cases where outside space is insufficient for the unit installation.
Inside grease interceptors shall be approved by the Township Sewer
Authority prior to installation.
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(2)
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Existing food establishments with grease traps. Existing food
establishments with grease traps shall submit an application for continued
operation of their existing grease traps and shall be permitted to
maintain existing grease traps that do not meet the new food establishment
criteria. If the food establishment discharges excessive grease as
determined by either evidence of grease fouling in the Authority sewers
positively attributed to the food establishment or sampling of the
food establishment discharge to the sewer system with grease and oil
concentrations in excess of the limits established by the Susquehanna
Township Sewer Use Ordinance (currently 100 ppm), the existing food
establishment will be required to file a plan, acceptable to the Township
Sewer Authority, indicating the steps that will be taken to assure
that excessive grease will not be discharged in the future. If the
existing food establishment does not, or cannot, file such a plan,
or if the food establishment is found to discharge excessive grease
after such an acceptable plan is filed, said existing food establishment
shall, within two years of notification, be required to install grease
trap facilities meeting the specifications for new food establishments
as set forth in this subsection (2).
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(3)
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Maintenance. In the maintaining of these traps, the permit holder
shall be responsible for proper removal and disposal, by appropriate
means, of the captured material. The permit holder shall maintain
records of the dates and means of disposal, which are subject to review
by the Authority. Currently licensed waste disposal firms must perform
any removal and hauling of the collected materials. Grease traps meeting
the "new food establishment" design criteria shall be cleaned at least
bimonthly, or as otherwise required by the Township Health Officer
or other designated officer of the Township, and reports submitted
to the Township Health Officer or other designated officer of the
Township. For all other facilities, the Township Health Officer or
other designated officer of the Township shall initially require a
written report indicating biweekly grease draw-off quantities over
a three-month time period. Such report shall be submitted in letter
form and shall clearly indicate the permit holder's name and
address, the location of the food establishment as well as the information
requested. The Township Health Officer or other designated officer
of the Township shall review the submitted report and shall make the
determination as to the frequency of interceptor grease draw-off to
be scheduled. This schedule of grease draw-off shall be strictly followed
on a continual basis until such time as the grease-laden discharge
or drainage is discontinued, or unless subsequent experience demonstrates
the need for a change in frequency. The Township Health Officer or
other designated officer of the Township reserves the right to change
the schedule of grease draw-off for any facility by increasing or
decreasing the frequency of draw-off times, based on written reports,
site inspections and observations of operations.
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(4)
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In the event that any food establishment in which a grease trap is required hereunder shall twice be cited and found guilty or plead guilty to failure to maintain the trap as required by Section 5-402.12(B)(3), the Township Health Officer or other designated official may require the food establishment, and upon notice to it, it shall comply for a period of at least three years, with a requirement that it have the grease trap professionally maintained, inspected and reviewed at least quarterly by a licensed professional plumber or other professional regularly engaged in maintaining grease traps, with documentation of such inspections and maintenance in a form acceptable to the Township Health Officer or other designated official submitted by the food establishment to the Township Health Officer or other designated official each calendar quarter. Documentation shall include the identification of the professional who shall be a licensed plumber or other professional regularly engaged in the cleaning and maintenance of grease traps. If the professional is not a licensed plumber, the same shall be identified and the qualifications of the same shall be submitted in advance to the approval of the Township Health Officer or other designated official. The documentation shall further include the date of service, which shall be at least once each quarter, proof of payment to the professional for the inspection and/or maintenance, and a summary report from the professional of the work performed and the condition of the grease trap, including a certification that the same is in proper working order. Failure to provide such inspection and maintenance or documentation in a timely manner within 30 days of the end of the quarter in which service is provided shall be a violation of this Part 2.
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(D)
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Sewer Authority Review. The size, type of construction, and
location of installation of each interceptor or separator shall be
reviewed by the regulatory authority and the Township Sewer Authority
for compliance with the design criteria presented in this Section
5-402.12 prior to installation by new food establishments or existing
food establishments without grease traps. The regulatory authority
and the Township Sewer Authority, at their sole discretion, may use,
also, design criteria and calculations from either the latest edition
of the BOCA National Plumbing Code, the International Plumbing Code
or other normally accepted engineering design criteria considered
appropriate for a particular installation.
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8-202.10. Trade Secrets. The regulatory authority shall treat
as confidential, in accordance with law, information that meets the
criteria under law for a trade secret and is contained on inspection
report forms and in the plans and specifications submitted as specified
in 8.201.12 and 8.201.14 and is designated on such forms, plans and
specifications as a trade secret.
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8-301.11. Prerequisite for Operation. A person may not operate
a food establishment without having the food establishment inspected
by the Susquehanna Township Board of Health, and procuring from said
Board of Health a permit therefor, which permit fee, application and
form, and any other matter pertaining thereto shall be issued by said
Board of Health in accordance with the most updated version of the
Food Code and the rules, regulations and laws of the Commonwealth
of Pennsylvania and its various departments and boards then pertaining.
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8-301.12. Permit Fees. Every applicant for a permit to conduct
or operate a food establishment in Susquehanna Township pursuant to
the Act of the General Assembly of May 23, 1945, P.L. 926, as amended,
shall pay to the Township Treasurer a fee or fees for each such establishment,
which shall include the permit fee prescribed by the said Act, in
accordance with the fee resolution of the Board of Commissioners.
Nothing contained in this section shall be construed to apply to food
establishments conducted or operated for charitable, religious or
philanthropic purposes.
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8-303.30. Denial of Application For Permit Notice.
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(C)
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Advisement of the applicant's right of appeal and the process
and time frames for appeal that are provided under § 8-805.10(D).
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8-402.20(A)(3) Refusal, Notification of Right to Access, and
Final Request for Access.
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(A)(3) If access is denied, an order pursuant to § 8-802.10
issued by the appropriate authority allowing access, hereinafter referred
to as an "inspection order," may be obtained according to law; and
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8-402.40. Inspection Order to Gain Access. If denied access
to a food establishment for an authorized purpose and after complying
with § 8-402.20, the regulatory authority may issue, or
apply for the issuance of, an inspection order pursuant to § 8-802.10
to gain access as provided under law, or may revoke or deny the food
establishment permit.
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8-403.30. Issuing Report and Obtaining Acknowledgment of Receipt.
At the conclusion of the inspection and according to § 8-701.10
hereof, the regulatory authority shall provide a copy of the completed
inspection report and the notice to correct violations to the permit
holder or to the person in charge, and request a signed acknowledgment
or receipt.
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8-501.20. Restriction or Exclusion of Food Employee, or Summary
Suspension of Permit.
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(C)
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Closing the food establishment by summarily suspending a permit
to operate after having given notice of the suspension of the permit
and an indication of the acts necessary in order to have the suspension
lifted.
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8-501.30. Restriction or Exclusion Order: Warning or Hearing
Not Required, Information Required in Order.
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(C)
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States that the suspected employee or the permit holder may
request an appeal hearing by submitting a timely request as provided
in § 8-805.10(C) and (D).
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For the provisions of Parts 8-6, Constitutional Protection,
8-7, Notices and 8-8 Remedies, the phrase "regulatory authority" shall
mean the Board of Commissioners of Susquehanna Township; except as
that term is used in §§ 8-701.20(B), 8-801.10, 8-802.10,
8-802.20, 8-803.10, 20, 30 (except F), 40, 51, 60, 70, 80, 90; 8-804.10,
20, 40, 50; 8-805.10 (except D); 8-809.10, 20, 30, 40, 50.
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8-602.10. Right of Recipients of Orders or Decisions. A recipient
of a regulatory authority order or decision may file a petition for
judicial review in the Court of Common Pleas of Dauphin County after
available administrative appeal remedies are exhausted.
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8-803.10. Hold Order, Justifying Conditions and Removal of Food.
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(A)
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The regulatory authority may place a hold order on a food that
originated from an unapproved source or that may be unsafe, adulterated,
not honestly presented, not labeled according to law or otherwise
not in compliance with this Code.
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8-805.10. Response to Notice of Hearing or Request for Hearing,
Basis and Time Frame.
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(B)
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A permit applicant may request a hearing regarding the disposition
of an application for a new or revised permit if the regulatory authority
does not issue or deny the permit within 30 days of the receipt by
the regulatory authority of the application.
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8-805.40. Provided in Accordance with Law. Hearings shall be
conducted pursuant to the Pennsylvania Local Agency Law.
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8-805.50. Timeliness, Appeal Proceeding Within 10 Business Days,
Other Proceedings Within 30 Calendar Days.
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(A)(1) Except as provided in Subsection (B) of this section,
within 10 business days after receiving a written request for an appeal
hearing from:
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8-805.60. Notice, Contents. A notice of hearing to respondent
shall contain the following information:
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8-805.70. "Proceeding Commences Upon Notification" is deleted
in its entirety.
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8-805.100. Record of Proceeding. All testimony of a hearing
may be stenographically recorded and a full and complete record may
be kept of the proceedings. In the event all testimony is not stenographically
recorded and a full and complete record of the proceedings is not
provided by the regulatory authority, such testimony shall be stenographically
recorded and a full and complete record of the proceedings shall be
kept at the request of any party agreeing to pay the cost thereof.
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8-806.10. Appointment by Regulatory Authority and Purpose.
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(B)
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Make a recommendation concerning administrative remedies to
achieve compliance with this Code.
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(C)
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Delete this subsection in its entirety.
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8-806.20. Qualifications. A hearing officer shall be knowledgeable
of the provisions of this Chapter as they relate to hearings, and
be:
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(A)
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A regulatory authority representative other than the person
who inspects the food establishment.
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8-806.30. Powers, Administration of Hearings.
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(A)
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A hearing officer shall have the following powers in a hearing
in which the hearing officer presides:
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(1)
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Setting and conducting the course of a hearing requested in
accordance with or authorized by this Code.
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(2)
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Issuing subpoenas in the name of the regulatory authority at
the request of a party to a hearing, administering oaths and affirmations,
examining witnesses and receiving evidence.
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(3)
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Delete this subsection in its entirety.
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(4)
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Delete this subsection in its entirety.
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8-806.40. "Powers, Administrative Remedies" is deleted in its
entirety.
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8-807.30. Evidence to be Excluded. The regulatory authority
or hearing officer shall not be bound by technical rules of evidence
at hearings, and all relevant evidence of reasonably probative value
may be received. Reasonable examination and cross-examination shall
be permitted.
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8-807.40. Testimony Under Oath. Testimony of parties and witnesses
shall be made under oath or affirmation administered by the hearing
officer or ranking member of the regulatory authority.
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8-807.60. Documentary Evidence. Documentary evidence may be
received in the form of a copy or excerpt if said copy or excerpt
is duly authenticated.
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8-809.10. Gaining Access to Premises and Records. If any owner,
operator, occupant or other person in charge of a food establishment
refuses, impedes, inhibits, interferes, restricts or obstructs entry
and free access to the food establishment and premises under his or
her control or to any part thereof, with respect to any authorized
inspection, the health officer may, upon showing that probable cause
exists for the inspection, file a complaint and may petition for and
obtain an order directing compliance with the inspection requirements
of this Part from a court of competent jurisdiction, including a District
Justice. Any person who refuses to comply with such an order issued
pursuant to this Section shall be subject to such penalties as may
be authorized by law for a violation of a court order.
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8-810.10. Institution of Proceedings.
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(A)
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Proceedings to enforce this Code may be instituted by the regulatory
authority according to law, including, but not limited to, issuing
a citation or summons and by filing a complaint with a court of competent
jurisdiction.
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8-811.10. Authorities, Methods, Fines and Sentences.
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(B)
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A person who violates a provision of this Code or this Part,
or who fails to comply with any of the requirements thereof, shall,
upon conviction thereof, pay a fine of not more than $1,000 and costs
of prosecution or undergo imprisonment not exceeding 30 days, or pay
both the fine and costs and undergo imprisonment.
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8-813.10. Petitions, Penalties, and Continuing Violations.
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(B)
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In addition to any criminal fines and sentences imposed as specified
in § 8-811.10, or to being enjoined as specified in § 8-812.10,
a person who violates a provision of this Code, any rule or regulation
adopted in accordance with the law related to food establishments
within the scope of this Code or to any term, condition, or limitation
of a permit issued as specified in §§ 8-303.10 and
8-303.20, is subject to a civil penalty not exceeding $1,000.
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[Ord. 02-23, 12/12/2002]
All laws, orders, rules and regulations established by the Federal
government and/or the Commonwealth of Pennsylvania in any food code,
sanitary code, food labeling code, beverage code or similar codes
shall be observed by all persons who own or operate a food establishment
in Susquehanna Township.
[Ord. 02-23, 12/12/2002]
Nothing in this Part or in the Food Code hereby adopted shall
be construed to affect any suit or proceeding now pending in any court,
or any rights acquired or liability incurred, nor any cause or causes
of action accrued or existing, under any act or ordinance repealed
hereby, nor shall any right or remedy of any character be lost, impaired
or affected by this Part.
[Ord. 02-23, 12/12/2002]
The invalidity of any section or provision of this Part or of
the Food Code hereby adopted shall not invalidate other sections or
provisions thereof, which shall remain in full force and effect.
[Ord. 02-23, 12/12/2002]
In interpreting and applying the provisions of the Food Code,
they shall be held to be the minimum requirements for the promotion
of the health, safety and general welfare. It is not intended to annul
other rules, regulations or ordinances, provided that, where two or
more ordinances conflict, whichever code or ordinance imposes the
greatest restriction shall control.
