[HISTORY: Adopted by the Borough Council of the Borough of Lansdowne 12-19-2001 by Ord. No. 1172. Amendments noted where applicable.]
[Amended 5-16-2012 by Ord. No. 1272]
The Health Officer of the Borough of Lansdowne shall have the power, and it shall be his/her duty, to enforce the laws of the Commonwealth of Pennsylvania, the regulations of the Pennsylvania State Department of Health, and the ordinances of the Borough of Lansdowne relating to health work, and to make and enforce such additional rules and regulations to prevent the introduction and spread of infectious or contagious diseases, and by abating and removing all nuisances which he/she shall deem prejudicial to the public health, to mark infected houses or places and make other rules and regulations as he/she shall deem necessary for the preservation of the public health. Such rules and regulations, when approved by the Borough Council, and when advertised in the same manner as other ordinances, shall have the force of ordinances of the Borough.
As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
- The condition of a food:
If it bears or contains any poisonous or deleterious substance in a quantity which is likely to render it injurious to health;
If it bears or contains any 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;
If it consists, in whole or in part, of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption;
If it has been processed, prepared, packed or held under unsanitary conditions whereby it is likely to have become contaminated or whereby it is likely to have been rendered injurious to health;
If it is, in whole or in part, the product of a diseased animal or plant or an animal which has died otherwise than by slaughter; or
If its container is composed in whole or in part of any poisonous or deleterious substance which is likely to render the contents injurious to health.
- Accepted as satisfactory to the Health Officer.
- ASSISTANT HEALTH OFFICER
- Duly authorized and appointed representative of the Health Officer of Lansdowne Borough.
- CUSTARD MIX AND CUSTARD-FILLED
- Any product consisting principally of flour, sugar, eggs and/or milk, with or without cornstarch, heated, cooled and applied to pastry without subsequent heating, and to filled pastry such as cream puffs or eclairs which may be heated subsequent to filling.
- Any person who handles food or drink during the preparation or serving of food or drink, comes in contact with any eating or cooking utensils or who is employed in a room or building in which food or drink is prepared or served. This shall include an individual proprietor or any member of the proprietor's family who handles food or drink.
- All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dish-washing machines, steam tables and similar items, other than utensils, used in the operation of a public eating and drinking place or a food establishment.
- Any raw, cooked or processed edible substance, beverage or ingredient intended in whole or in part for human consumption.
- FOOD-CONTACT SURFACES
- Surfaces of equipment and utensils which normally come in contact with food, directly or indirectly.
- FOOD ESTABLISHMENT
- Any place where food or beverage intended for human consumption is kept, stored, manufactured, prepared, dressed, handled, sold or offered for sale, with or without charge, either at wholesale or retail and not consumed on the premises; provided, however, that the term "food establishment" shall not include a public eating and drinking place.
- FOOD VENDING VEHICLE
- A conveyance that transports, for the purpose of distribution or sale to the public, prepared foods or food deemed by the Health Officer to be perishable or otherwise covered by this chapter. Such conveyance may be a truck, trailer, cart, bicycle or other vehicle, container or similar type of equipment.
- All wastes, except sewage and body waste, including animal and offal.
- HEALTH OFFICER
- The Health Officer of Lansdowne Borough or his/her authorized representative(s).
- ITINERANT PUBLIC EATING AND DRINKING PLACE
- A place or establishment operating for a temporary period not to exceed 14 days in connection with a fair, carnival, circus, public exhibition, public event or similar gathering.
- The permission granted to a licensee to conduct a public eating and drinking place, food establishment or itinerant public eating and drinking place.
- A holder of a license.
- The Health Officer of Lansdowne Borough.
- A public nuisance affecting health.
- ODOR EMISSIONS
- Fugitive or malodorous air contaminants emitted into the outdoor atmosphere from any source in such a manner that the contaminants are detectable outside the property of the person on whose land the source is being operated.
- The owner or owners of any building or structure, whether individual, firm, corporation, association or partnership.
- PERISHABLE FOOD
- Any food of such type or in such condition as may spoil.
- Any individual, firm, corporation, association or partnership, and includes the plural as well as the singular, and the female as well as the male.
- POTENTIALLY HAZARDOUS FOOD OR DRINK
- Any perishable food or drink which consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients which are capable of supporting growth of infectious or toxigenic microorganisms or life forms.
- Any person, partnership, association or corporation conducting or operating within the limits of the Borough a public eating and drinking place or a food establishment or an itinerant public eating and drinking place.
- PUBLIC EATING AND DRINKING PLACE
- Restaurant; coffee shop; cafeteria short-order cafe; snack bar or any other place where food, drinks or refreshments are served, sold or prepared and sold or given away to be consumed on the premises; provided, however, that this definition shall not be interpreted to include boardinghouses or private homes.
- All nonputrescible wastes generally regarded as rubbish, trash, junk and similar debris which have been rejected by the owner or possessor thereof as useless or worthless.
- Effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the Pennsylvania Department of Health as being effective in destroying microorganisms, including pathogens.
- Includes oysters, clams, scallops or mussels, fresh and frozen; any shrimp, crab or lobster, fresh., frozen or cooked but not packed in a sealed container; and any other mollusks, fresh or frozen, intended for human consumption.
- SINGLE-SERVICE ARTICLES
- Cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, 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 material, and which are intended by the manufacturers and generally recognized by the public for a one-time use only, and then to be discarded.
- Any well, spring, cistern infiltration gallery, steam, reservoir, pond or lake from which water is taken, by any means, either intermittently or continuously for use by the public.
- Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
- 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.
- A source or sources of water, as well as any and all water treatment, storage, transmission and distribution facilities.
It shall be unlawful for any person to operate a public eating and drinking place or a food establishment or an itinerant public eating and drinking place or a food vending vehicle in the Borough who does not possess a license from the Health Officer of Lansdowne Borough. The fee for such a license shall be fixed by resolution of the Borough Council and may be amended from time to time. Any person who is late in applying and paying for such a license shall be assessed a late fee which shall be fixed by resolution of the Borough Council and may be amended from time to time. Licenses shall be granted for a period of one calendar year or portion thereof. Such license shall be conspicuously displayed at all times in the place thereby licensed and shall not be transferable. Application for renewal of a license shall be made at lest 10 days before the expiration of the existing license. Licenses may be suspended or revoked for violations by the holder thereof of the provisions of this chapter. No license shall be suspended or revoked without the licensee being given a hearing before the Board of Health.
No person shall operate a public eating and drinking place or a food establishment or an itinerant public eating and drinking place or a food vending vehicle without first obtaining a license from the Health Officer of Lansdowne Borough or obtaining a license fee exemption and also paying an inspection fee for the calendar year or portion thereof to defray the administrative costs of inspections, consultation and servicing of the food sanitation program of Lansdowne Borough with the provisions of this chapter. Fees required under this section shall be fixed by resolution of the Borough Council.
When a public eating and drinking place or a food establishment is hereafter constructed or extensively remodeled or when an existing structure is converted for use as a public eating and drinking place or a food establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas and the location, size and type of fixed equipment and facilities, shall be submitted in duplicate to the Health Officer for approval before such work is begun. No building permit shall be issued by the Building Inspector until such approval has been given by the Health Officer.
[Amended 5-16-2012 by Ord. No. 1272]
Construction of food establishments, public eating and drinking places and itinerant public eating and drinking places shall conform with all rules and regulations issued by the Department of Agriculture as set forth in Chapter 192 of this Code.
[Amended 5-16-2012 by Ord. No. 1272]
No person shall operate or maintain any public eating and drinking place or any food establishment or any itinerant public eating and drinking place otherwise than in a clean and sanitary condition and so as to conform at all times to the requirements of this chapter. The person in charge of and every food handler employed in any public eating and drinking place or any food establishment or any itinerant public eating and drinking place shall observe and comply with the provisions of this chapter relating to the operation and maintenance of such public eating and drinking places and/or food establishments and/or itinerant public eating and drinking place.
The Health Officer and his official designee in the performance of any duty imposed by this chapter shall have full access to any place, container or conveyance used in the production, preparation, manufacture, packaging, storage, transportation, handling, distribution or sale of any food. He shall be entitled to make an examination, open any package or container and take therefrom a sample for analysis of any food manufactured, sold, exposed for sale or found to be in possession of the proprietor or licensee in violation of any provisions of this chapter.
Any person, firm or corporation violating any provision of this chapter or the rules and regulations approved and hereinafter adopted shall, upon summary conviction before any Magisterial District Judge, pay a fine not exceeding $1,000 and costs of prosecution; and in default of one payment of the fine and costs, the violator may be sentenced to the county jail for a term of not more than 30 days. Whenever such person shall have been officially notified by the Health Officer or by the service of a summons in a prosecution or in any other official manner that he is committing a violation of this chapter or the rules and regulations approved and hereinafter adopted, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
This chapter is enforceable by the Health Officer, by his/her appointed deputy, the Code Enforcement Officer and/or by the Lansdowne Police Department.
Whenever the proprietor or licensee of a public eating and drinking place or food establishment or itinerant public eating and drinking place shall fail to keep his public eating and drinking place or food establishment or itinerant public eating and drinking place in a sanitary condition or whenever food or drink or the sale of the same is likely to cause or transmit disease, the Health Officer, upon proper notification, shall order such public eating and drinking place or food, establishment or itinerant public eating and drinking place closed until it shall have been put in a sanitary condition or until the food or drink and the sale of the same shall no longer be likely to cause any illness or transmit disease. The proprietor or licensee of the public eating and drinking place or food establishment or itinerant public eating and drinking place, when so ordered, shall not conduct further operations until permission has been granted by the Health Officer.
[Amended 5-16-2012 by Ord. No. 1272]
Any variations and/or exceptions to any part of this chapter due to the nature of and/or circumstances regarding any itinerant public eating and drinking place must be approved, in writing, by the Department of Agriculture.
[Amended 5-16-2012 by Ord. No. 1272]
The Department of Agriculture shall have the power to grant variances regarding particular parts of this chapter as they may apply to a particular property. The rules and regulations governing variances set forth by the Department of Agriculture regarding food safety are adopted as set forth in Chapter 192 of this Code.