Borough of Lansdale, PA Chapter 215 Food Establishments

[HISTORY: Adopted by the Council of the Borough of Lansdale 4-10-1975 by Ord. No. 1095 (Ch. 71 of the 1972 Code). Amendments noted where applicable.]

§ 215-1 Licenses; fees; inspection prior to issuance of license.

[Amended 1-17-1990 by Ord. No. 1420; 12-20-2006 by Ord. No. 1750]

A. It shall be unlawful for any proprietor to conduct or operate a retail food establishment without first having obtained a license for so doing from the Montgomery County Health Department. Licenses shall not be transferable. Application for renewal shall be made one month before the expiration date of an existing license on forms provided by the Montgomery County Health Department. Fees shall be submitted with the application for a license.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Upon original application for a license and at six-month intervals, an inspection of the premises, facilities and equipment shall be made by the County Health Department. If found adequate for the protection of public health and comfort, the license shall be issued or renewed; otherwise, the license shall be refused. Such licenses may be suspended by the County Health Department after an opportunity for a hearing by the County Health Department upon the violation by the holder of any of the terms of this chapter.

§ 215-2 Inspections generally.

[Amended 12-20-2006 by Ord. No. 1750]

An inspection of any food establishment subject to this chapter may be made at any time by the County Health Department. The inspection upon the original application for a license as well as upon application shall and any interim inspections may include an inspection of general sanitary conditions, equipment and all utensils used in the preparation and serving of food or drink intended for consumption by the public.

§ 215-3 Recommendation of improvements; emergency measures.

[Amended 12-20-2006 by Ord. No. 1750]

A. If the sanitary conditions inspected show an unsatisfactory condition, the County Health Department's inspector shall recommend improvements or changes as may be required in order to correct such unsatisfactory conditions and the licensee shall immediately correct such conditions or make the recommended changes, as the case may be.

B. Whenever the County Health Department finds that an emergency exists, involving a serious health hazard which requires immediate action to protect the public health, he may, upon proper notification, order an offending establishment closed until it shall have been put in a sanitary condition or until the food or drink or the sale of the same shall no longer likely cause any illness or transient disease. The proprietor of the food establishment when so ordered shall immediately comply with and obey such order and shall not conduct operations until permission has been granted by the County Health Department.

§ 215-4 Revocation of license upon failure to comply.

Each licensee shall permit the inspection of his establishment at any time, without any prior announcement or notice, and if such inspection is not permitted by the licensee, or, if after recommendations for improvements are made they are not corrected within a period of 14 days, the license shall be revoked and shall no longer be in force and effect.

§ 215-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULTERATION OF FOOD

The condition of a food if it:

A. Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.

B. 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.

C. Consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption.

D. Has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

E. Is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter.

F. Is in a container which is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

CORROSION-RESISTANT MATERIAL

A material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.

EASILY CLEANABLE

Readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

FOOD

Any raw, cooked or processed edible substance, beverage or ingredient intended in whole or in part for human consumption.

FOOD-CONTACT SURFACES

Those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact, or which drain back onto surfaces normally in contact with food.

GARBAGE

All putrescible wastes, except sewage and body waste, including animal and vegetable offal.

POTENTIALLY HAZARDOUS FOOD

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.

REFUSE

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 to him.

RETAIL FOOD ESTABLISHMENT

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.

SAFE TEMPERATURE

As applied to potentially hazardous food, an internal temperature of 45° F. or below and 140° F. or above.

SANITIZE

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.

SEWAGE

Any substance that contains any of the waste products or excrements 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.

SEWERAGE SYSTEM

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.

SINGLE-SERVICE ARTICLES

Cups, containers, lids or closures; plates; knives, forks, spoons, stirrers or paddles; and 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 or synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only and then to be discarded.

SOURCE

Any well, spring, cistern, infiltration gallery, stream, reservoir, pond or lake from which, by any means, water is taken either intermittently or continuously for use by the public.

WATERS OF THE COMMONWEALTH

Includes 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.

WATER SUPPLY

A source or sources of water, as well as any and all water treatment, storage, transmission and distribution facilities.

§ 215-6 Food regulations.

A. Food supplies.

(1) 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 and/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 3 Pa.C.S.A. § 5701 et seq.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Food may be examined or sampled by a licensor as often as may be necessary to determine freedom from adulteration. The licensor may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated. Upon 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.

(3) Samples of food, drink, ingredients, containers or any substance used in connection with the preparation of food or drink may be taken by a duly authorized representative of this Department for an impure or unsanitary condition. Any food, drink or any substance used in connection with the preparation of food or drink sold, offered for sale or kept may be condemned, removed or destroyed by or under the direction of a duly authorized representative of this Department if, in the judgment of such representative, such food, drink or substance is decomposed, impure, unfit for human consumption or dangerous to the public health. Any such food, drink or other substance may be stopped from sale or use and placed under an embargo by any such representative of this Department for such reasonable period of time as may be required to make investigations or examination, if such may be necessary, to determine that such food, drink or other substance is decomposed, impure, unfit for human consumption or dangerous to the public health. No such food, drink or other substance shall be used, removed, destroyed or otherwise disposed of while under such embargo except by or under the direction of a representative of this Department.

[Amended 12-20-2006 by Ord. No. 1750]

B. Food protection.

(1) All food, while being stored, prepared, displayed, served, or sold at retail food establishments, or during transportation between such establishments, shall be protected from contamination and stored in such manner as to prevent rodent harborage and permit ease of cleaning of the food facilities.

(2) Only persons 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. This requirement shall not apply to produce or any other product which is adequately packaged, wrapped or protected for display and self-service by the customer.

(3) No food shall be wrapped in newspapers or previously used wrapping paper.

(4) The evisceration, skinning, dressing or any other operation, except cutting, slicing or grinding of meat or poultry to facilitate its use, handling or sale, shall be prohibited in sales rooms.

(5) All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures.

(6) 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. 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 Montgomery County Health Department.

[Amended 12-20-2006 by Ord. No. 1750]

(7) Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in retail food establishments, provided that such materials for sale to the public are permitted within the retail food establishment. Poisonous and toxic materials which are used for cleaning and other purposes in the establishment shall be identified and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. 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 areas. Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides or other poisonous materials.

(8) Each cold storage facility used for the storage of perishable food in the nonfrozen state shall be provided with an indicating thermometer accurate to plus or minus 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. The temperature in each cold storage facility used to store potentially hazardous food in the non-frozen state shall not be higher than 45° F. Wet storage of packaged, canned or bottled food or drink shall be prohibited, provided that food or drink may be stored in direct contact with chipped or crushed ice when:

(a) Drains are provided which prevent the accumulation of water in the storage compartment.

(b) The top, cap, crown or pouring lip of food containers are 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 foods, prior to icing, have an internal temperature of not more than 45° F. and are kept properly iced at all times.

(f) The food or container is of such type that no health hazard may result.

(9) Frozen food shall be kept at such temperatures as to remain frozen. Frozen products shall be moved into frozen storage immediately upon delivery. 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. 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. Food products shall be rotated in such a manner that the product first in the display case or storage area is the first product to be sold. 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. Frozen foods once thawed shall not be refrozen.

(10) Potentially hazardous custards, cream fillings or similar products, which are prepared by hot or cold processes and are used as puddings or pastry fillings, shall be kept at safe temperatures.

(11) Dispensing scoops, spoons and dippers used in serving frozen desserts shall be stored, between uses, either in an approved running-water well or in a manner approved by the Montgomery County Health Department.

[Amended 12-20-2006 by Ord. No. 1750]

(12) Foods, such as but not limited to cold cuts, poultry, meats, seafoods, fish and bulk products, needing 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.

§ 215-7 Health and disease control.

A. No employee with any disease in a communicable form, or who is a carrier of such disease, shall work in any retail food establishment in any capacity which brings him in contact with the production, handling, storage or transportation of food or equipment used in retail food establishments; and 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. Any employee who has a discharging or infected wound, sore or lesion on 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 retail food establishments.

B. It shall be unlawful for any person to handle in any manner, within the Borough, any unwrapped food, foodstuffs or drink intended for consumption by the public unless such person shall have first submitted to a general physical examination as specified by the Montgomery County Health Department and shall thereafter at least one time a year submit to such an examination. The results of any physical examination must be negative as to the presence of any communicable or infectious disease or any other disease or ailment which the examining physician may consider to be detrimental to public health; provided, however, that this provision may not be deemed to apply to volunteers handling any unwrapped food, etc., at occasional dinners held by charitable nonprofit organizations for social or fund-raising purposes.

[Amended 12-20-2006 by Ord. No. 1750]

C. When suspicion arises as to the possibility of transmission of infection from any employee, the licensor is authorized to require any or all of the following measures:

(1) The immediate exclusion of the employee from the retail food establishment; and/or

(2) The immediate closing of the retail food establishment concerned until, in the opinion of the licensor, no further danger of disease outbreaks exists; and/or

(3) Restriction of the employee's services to some area of work where there would be no danger of transmitting disease; and/or

(4) Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.

D. Cleanliness.

(1) 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.

(2) Hair nets, caps or other effective hair covering shall be used by employees engaged in the preparation and service of food or washing of equipment and utensils to keep hair from food and food-contact surfaces.

(3) Employees engaged in the preparation, handling or service of food shall not use tobacco in any form while in equipment and utensil washing, food preparation, food serving or sales areas, provided that designated locations in such areas may be approved by the licensor for smoking, where no contamination hazards will result.

§ 215-8 Food equipment and utensils.

A. Sanitary design, construction, operation and installation of equipment and utensils.

(1) 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 cleaned easily, durable and shall be kept in good repair; and the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent.

(2) Meat blocks and cutting boards shall be free from holes, cracks and crevices and shall be kept clean by effective methods. No oilcloth or newspaper shall be used on any counter, table or shelf where food is handled.

(3) 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, provided that equipment which was installed in a retail food establishment prior to the effective date of this regulation, 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. Such equipment shall be so located and installed as to enable reasonable compliance with all of the requirements of this subsection pertaining to equipment installation and all of the requirements pertaining to food protection. Utensils containing or plated with cadmium, lead or zinc shall not be used, provided that solder containing lead may be used for jointing. All glassware, china, crockery, pottery and utensils or equipment of a similar character or coating shall be free from breaks, cracks and chipped places.

(4) All equipment shall be so installed and maintained as to facilitate the cleaning thereof and of all adjacent areas.

(5) 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.

B. Cleaning and sanitization of equipment and utensils.

(1) All utensils and food-contact surfaces of equipment, 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. All utensils and food-contact surfaces of equipment used in the preparation or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use; provided, however, 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 sanitized prior to usage. Non-food-contact surfaces of equipment 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.

(2) In those 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. At least a two-compartment sink shall be provided and used for washing utensils and equipment which does not require sanitization.

(3) 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, provided that where the licensor deems it impractical to meet this requirement for large utensils or equipment, a smaller sink may be approved.

(4) 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.

(5) 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 procedure will routinely render equipment and utensils clean to sight and touch, and provide effective bactericidal treatment.

(6) Retail food establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.

§ 215-9 Sanitary facilities and controls.

A. Water supply.

(1) All water used in the operation of a retail food establishment shall be provided from a supply approved by the licensor. Approval of a water supply shall be based upon satisfactory compliance with the Construction Standards — Individual Water Supplies, as adopted by the Department, and/or Pennsylvania Department of Health Regulations for Public Water Supplies, Chapter 4, Article 443. The water supply or supplies shall be adequate in quantity and shall meet the bacteriological and chemical water standards of the Department of Environmental Protection. Unapproved water supply or supplies shall be made inaccessible to the public in a manner deemed satisfactory to the licensor. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed.

(2) When bottled water is used in an establishment it shall be from a source under permit from the Department.

(3) Ice used for any purpose shall be made from water which comes from a safe and satisfactory source and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner. All ice shall meet the bacteriological and chemical standards for drinking water.

B. Sewage disposal. All sewage disposal systems serving a retail food establishment shall be approved by the Montgomery County Health Department and shall be only a public sewage disposal system.

[Amended 12-20-2006 by Ord. No. 1750]

C. Plumbing. Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system; and so as not to create an insanitary condition or nuisance. In all events, the plumbing facilities shall fully comply with the Lansdale Plumbing Code.[1]

[1] Editor's Note: See Ch. 146, Building Construction, Art. I, Uniform Construction Code.

D. Toilet facilities.

(1) Each retail food establishment shall be provided with adequate, conveniently located toilet facilities for its employees, provided that, when approved by the licensor, retail food establishments may be authorized to use toilet facilities not located directly within such establishments.

(2) Toilet fixtures shall be of sanitary design and readily cleanable. Toilet seats shall be of the split open front variety and shall be made of nonabsorbent material. Any new toilet facilities constructed after the effective date of this chapter shall contain the elongated type of toilet bowl. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Toilet rooms shall be provided. Toilet rooms shall be ventilated to the outside air. Easily cleanable receptacles shall be provided for waste materials. Receptacles shall be provided for sanitary napkins in toilet rooms for women and such containers shall be covered.

(3) When toilet facilities are provided for patrons, such facilities shall meet the requirements of this subsection. Toilet facilities shall be provided for patrons whenever food is served for consumption on the premises.

E. Hand-washing facilities. Each retail food establishment 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. Such facilities shall be kept clean and in good repair. Where hot and cold running water is provided and the temperature of the hot water is above 110° F., a mixing valve or combination faucet shall be provided. Hand-washing facilities, including those provided for the public, shall be located with or immediately adjacent to all toilet rooms or vestibules. Hand-washing facilities shall also be located within the area where food is prepared and in no instance can they be more than 50 feet from any work area. Lavatories shall be adequate in size and number and shall be so located as to permit convenient and expeditious use by all employees.

F. Garbage and refuse disposal. All garbage and refuse containing 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, provided that any other manner of garbage and refuse storage may be used if approved by the licensor. All other rubbish shall be stored in containers, rooms or areas of sufficient numbers and size so as to prevent arthropod and/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 and/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.

G. Insect and rodent control. Adequate measures for the control of arthropods and rodents which the County Health Department deems a public health hazard shall be taken in a manner satisfactory to the licensor.

[Amended 12-20-2006 by Ord. No. 1750]

§ 215-10 Other facilities and operations.

A. Floors, walls and ceilings.

(1) The floor surfaces in all rooms and areas in which food is stored, prepared or sold, 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, provided that the floors of nonrefrigerated dry food storage and food sales areas need not be nonabsorbent. In new establishments or those extensively altered, the juncture between the floor and wall shall be closed and cover. All floors shall be kept clean and in good repair.

(2) 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) The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of 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 shall be light-colored in food preparation and utensil washing rooms.

(4) The walking and driving surfaces of all exterior areas where food is sold 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.

B. Lighting. 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 Montgomery County Health Department. During all cleanup activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned. Lights and fixtures suspended over exposed food or equipment shall be of the safety type or otherwise constructed to protect the food and equipment from damage by breakage.

[Amended 12-20-2006 by Ord. No. 1750]

C. Ventilation. 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. Mechanical ventilation facilities, which meet the standards of the Montgomery County Health 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. All mechanical ventilation devices, including blowers, canopies, hoods and ducts, shall be constructed so as to be easily cleanable and shall be maintained as to prevent grease or other materials from dropping into or onto food preparation surfaces. All exhaust outlets from mechanical ventilating devices shall be designed and installed so as to avoid creating a nuisance. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and local fire prevention requirements.

[Amended 12-20-2006 by Ord. No. 1750]

D. Dressing rooms and lockers. Adequate facilities shall be provided for the orderly storage of employees' clothing and personal belongings. 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, provided that, 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.

E. Miscellaneous. All parts of the establishment and its premises shall be kept clean, neat and free of litter, garbage and rubbish. Cleaning operations shall be conducted in such a manner as to prevent contamination of food and food-contact surfaces. None of the operations connected with a retail food establishment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the retail food establishment operations, provided that guide dogs accompanying blind persons may be permitted in the food sales area.

F. Cleaning methods. Vacuum cleaning, wet cleaning or other dustless methods of floor and wall cleaning shall be used, or dust-arresting sweeping compounds and push brooms shall be employed; and all such cleaning, except emergency floor cleaning, shall be done during those periods when the least amount of food is exposed.

§ 215-11 Plan review for construction or conversion of food establishments.

[Amended 12-20-2006 by Ord. No. 1750]

Before work is begun in the construction, remodeling or alteration of a retail food establishment or in the conversion of an existing establishment to a retail food establishment, properly prepared plans and specifications shall be submitted to and approved by the Montgomery County Health Department. The plans and specifications shall include, where applicable, data relating to the grounds; buildings; equipment; sewage disposal; water supply, including plumbing; refuse disposal; and such other information as may be required by the Montgomery County Health Department.

§ 215-12 Employment of certified food sanitation manager required.

[Added 6-16-1993 by Ord. No. 1499]

A. Effective January 1, 1994, no person shall operate a food establishment in the Borough of Lansdale (hereinafter "Borough") who does not employ at least one full-time food sanitation manager certified by the Montgomery County Health Department (hereinafter "Department"). This person shall be employed as the certified food sanitation manager (hereinafter "CFSM") for not more than one food establishment location within the Borough. Operation of a food establishment without a CFSM is prohibited unless otherwise approved by the Department or as otherwise indicated under § 215-16 of this chapter.

[Amended 12-20-2006 by Ord. No. 1750]

B. Food establishments shall only employ as CFSM's those individuals who are in compliance with §§ 215-13 through 215-15 of this chapter.

C. The certification granted to a person by the Department shall be posted in view of the consumer in the appropriate food establishment in which the person is employed and working. The certificate is not transferable between persons and shall not be duplicated by anyone other than the Department.

§ 215-13 Certification of food sanitation managers.

[Added 6-16-1993 by Ord. No. 1499[1]]

A. Any person desiring a certificate as a CFSM in the Borough shall make written application on forms provided by the Department. Each application for certification must be accompanied by a filing fee in accordance with the fee schedule established by the Department.

B. Prior to approval of an application for the certificate and issuance of the certificate by the Department, the person shall have:

(1) Successfully completed a course in food sanitation acceptable to the Department and provide written proof to that effect.

(2) Passed a proficiency test offered by an agency approved by the Department and provide written proof to that effect.

(3) Obtained a certificate for food sanitation managers issued by another regulatory agency whose requirements are equal to or more stringent than the Department's and provide written proof to that effect.

(4) Successfully completed the food sanitation course sponsored by the Department.

C. Persons who qualify under Subsection B are required to reapply for certification every three years and must meet the training and educational requirements of the Department for recertification.

[1] Editor's Note: This ordinance also repealed former § 71-13, Repealer.

§ 215-14 Suspension and revocation of certificates.

[Added 6-16-1993 by Ord. No. 1499]

Whenever the Department determines that the holder of a certificate as a CFSM is in violation of any provisions of these regulations, the Department may suspend or revoke the CFSM's certificate.

§ 215-15 Responsibilities of certified food sanitation manager.

[Added 6-16-1993 by Ord. No. 1499]

The certified food sanitation manager shall:

A. Be employed as a certified food sanitation manager for only one licensed food establishment within the Borough.

B. Supervise and instruct the CFSM's food sanitation employees in the techniques of sanitary food handling, in the proper maintenance of the food establishment and in the requirements of applicable law and regulations.

C. Report to the Department, if the owner is unavailable, any occurrence of possible food or waterborne complaints/illnesses by customers and/or food sanitation employees.

D. Notify the Department in writing within five working days after the CFSM's change of food establishment employment.

E. Maintain a current CFSM certificate.

F. Renew a CFSM certificate by completing the required course work and procedure prior to the expiration date provided on the certificate.

§ 215-16 Responsibilities of licensee.

[Added 6-16-1993 by Ord. No. 1499]

A. All food establishments licensed and in operation at the time of the effective date of this section or thereafter shall employ at least one CFSM.

B. After January 1, 1994, any new licensee of a food establishment shall employ at least one CFSM within 30 days of that licensee's initial operation of the food establishment.

C. When the CFSM leaves or terminates employment or is no longer acting as a CFSM at the food establishment, the licensee shall employ a replacement CFSM within 30 days of the employment termination date. The licensee shall notify the Department in writing within five working days that the establishment lacks a CFSM.

§ 215-17 Violations and penalties.

[Amended 6-16-1993 by Ord. No. 1499; 12-20-2006 by Ord. No. 1750; 8-15-2018 by Ord. No. 2018-1916]

Any person, the partners of any partnership, the owners of any unincorporated association and the executive officers of any corporation, who or which shall violate any of the provisions of this chapter or any order or regulation of the Department duly issued hereunder or under the aforesaid provisions of the Borough Code, or who or which resists or interferes with or refuses or fails to comply with the order of any officer, agent or other authorized representative of the Montgomery County Health Department in the performance of his duties, shall, upon conviction thereof before a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000 and costs to the Borough of Lansdale, and in default of the payment of said fine and costs, shall be sentenced to imprisonment for a period not exceeding more than 30 days. Each day that a violation continues after order to comply has been duly given shall constitute a separate offense.

§ 215-18 Mobile food vendors.

[Added 3-20-2019 by Ord. No. 2019-1924]

A. Definitions. The following definitions shall apply in the interpretation and the enforcement of this section

HOST BUSINESS

Any business operating with a physical location in Lansdale Borough that obtains a permit from the Borough allowing mobile food units to operate under the supervision of the host business.

MOBILE FOOD UNIT or MOBILE FOOD TRUCK

Any motorized or nonmotorized vehicle, including, but not limited to, carts, stands, kiosks, any other device designed to be portable and not permanently attached to the ground and ancillary equipment from which food products are intended to be prepared and/or sold or distributed. Such use also includes the distribution of prepackaged foods.

[Amended 9-21-2022 by Ord. No. 2022-1959]

MOBILE FOOD VENDING

Vending, serving, or offering for sale food and/or beverages from a mobile food vending unit which meets the definition of a retail food establishment.

B. Scope. The provisions of this section apply to mobile food trucks engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private restricted spaces. This section does not apply to vehicles that dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks, or food vending pushcarts, or stands located on sidewalks.

C. Permit required.

[Amended 9-21-2022 by Ord. No. 2022-1959]

(1) It is unlawful for any person to operate within the Borough a mobile food unit, as defined in this chapter, without having obtained a permit or that purpose.

(2) No person shall then sell or offer food products at any location until the vendor for said mobile food unit has been duly licensed.

(3) All permits shall be prominently displayed on the mobile food unit or mobile food truck.

(4) Mobile food units and mobile food trucks operating under a special event permit issued by the Borough are exempt from the permit requirement.

(5) Mobile food units and mobile food trucks operating at or on a Borough park or recreation area as set forth under Chapter 274 with the written permission of the Parks and Recreation Director or her/his designee are exempt from the permit requirement.

D. General permit.

(1) Permits shall only be issued for mobile food vendors to operate in the Industrial District.

(2) Permits shall be issued for a period of time not to exceed one year.

(3) Permits are required to be renewed prior to the expiration date.

(4) Permits are not transferrable.

(5) General permits may be either issued to a host business or a specific mobile food unit.

(a) Host business permit. Businesses with a physical location in Lansdale Borough may obtain a general permit for mobile food vendors to operate under the supervision of the host business to operate in the Industrial District.

(b) Mobile food units may obtain a general permit to operate in the Industrial District.

E. Single event permit. A single-event permit application is available from the Lansdale Borough's office for vendors wishing to operate a food truck or mobile food vending unit for a specific date or occasion in the Industrial Area.

F. Application for permit.

(1) Any vendor desiring to operate a food truck or engage in mobile food vending in the Borough of Lansdale shall submit a completed application to Lansdale Borough Code Enforcement and receive either a general permit or a single event permit issued by the Borough.

(2) The applicant shall truthfully state, in full, all information requested on the application for a permit issued by the Borough. The application for a permit shall be accompanied by a fee as defined in this chapter.

G. Fees. An application for a permit shall be accompanied by a fee in the amount established by resolution by the Lansdale Borough Council. Permits shall only be for the calendar year in which the permit is issued.

H. Other licenses or permits. A permit obtained under this chapter shall not relieve any vendor of the responsibility of obtaining any other permit or authorization required by any other resolution, ordinance, statute or administrative rule.

I. Mobile food vendor restrictions.

(1) Mobile food vendors are responsible for providing receptacles for trash within five feet of their operation.

(2) A mobile food vendor may not sell or offer for sale any products or services:

(a) Within 15 feet from a fire hydrant.

(3) All sales by mobile food vendors shall cease to operate no later than 2:30 a.m. each day. Mobile food units shall be removed from public property no later than 2:45 a.m. each day.

J. Enforcement and penalty. Any person who violates any provision of this section shall be guilty of a summary offense; and for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $250 nor more than $1,000, and the costs or prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 90 days.