[Adopted 9-9-1985 by Ord. No. 85-13
(Ch. 47, Art. IV, of the 1971 Code)]
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this article to have the meanings herein indicated:
The condition of a food if:
It bears or contains any poisonous or deleterious substance in a quantity
which may render it injurious to health
It 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
It consists, in whole or in part, of any filthy, putrid or decomposed
substance or if it is otherwise unfit for human consumption.
It has been processed, prepared, packed or held under unsanitary conditions,
whereby it may have become contaminated (with filth) or whereby it may have
been rendered injurious to health
It is, in whole or in part, the product of a diseased animal or an animal
which has died otherwise than by slaughter.
Its container is composed, in whole or in part, of any poisonous or
deleterious substance which may render the contents injurious to health.
Accepted as satisfactory to the Health Officer.
The Board of Health of the Township of Marple.
Unpackaged or unwrapped, processed or unprocessed food in an aggregate
container from which quantities desired by the consumer are withdrawn. This
term shall not include whole, clean, undamaged fresh fruits or fresh vegetables
and nuts in the shell. "Bulk food" shall be deemed to include drink not served
by dispenser or otherwise packaged.
A location or locations, including physical facilities and equipment,
where bulk food is offered for customer self-service.
Any person who handles food or drink during preparation or serving
or who comes in contact with any eating or cooking utensils or who is employed
in a room in which food or drink is prepared or served.
The Health Officer of the Township of Marple or his authorized representative.
A public nuisance affecting health.
The owner or owners of any building or structure, whether individual,
firm, corporation, association or partnership.
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.
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
capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms.
A food contact container or insert for a display unit designed for
display of food in bulk for customer self-service by either direct or indirect
means.
A location or locations designed and equipped for cleaning, sanitizing,
drying or refilling product modules or for preparing bulk food.
Any kitchenware, tableware, glassware, cutlery, utensils, containers
or other equipment with which food or drink comes in contact during storage,
preparation or serving.
No person shall undertake to install equipment for bulk food without
first having submitted to the Health Officer for approval plans and specifications
for such equipment and a listing of foods to be served.
A.
All establishments approved for bulk food self-service
shall maintain direct supervision over the product in addition to visual instruction.
The attendant must be on duty at all hours of operation, be located within
10 feet of the product modules and be identified by an appropriate name tag.
The attendant shall be responsible for excluding from self-service any person,
by virtue of cleanliness or behavior, that could endanger the welfare of the
public in the opinion of the attendant.
B.
Proper visual instruction for the customer must be posted
in the self-service display area, including but not limited to:
(1)
Proper personal hygiene.
(2)
No smoking in the bulk food display area.
(3)
The proper use of equipment and dispensing utensils.
(4)
No tasting or sampling of products.
(5)
The use of clean containers and only those provided by
the establishment.
(6)
Identification of the responsible person on duty to receive
complaints. All complaints shall be kept on record for a period of 90 days
for review by the Health Department.
C.
Bulk foods and product modules shall be kept free from
contamination during display, customer self-service, refilling and storage.
Any food in contact with contamination shall be considered adulterated and
shall be immediately removed and disposed of.
A.
Product modules not currently approved by the National
Sanitation Foundation (NSF) may be approved by the Health Officer on a trial
basis, provided that one of the following conditions is met:
(1)
It meets or exceeds other acceptable guidelines, such
as those recommended by the Food and Drug Administration (FDA).
(2)
The proprietor of the establishment can demonstrate to
the satisfaction of the Health Officer that the bulk food product modules
have operated satisfactorily in another location for a period in excess of
one year. Cloth, burlap or paper bagging shall not be used as product modules.
C.
Manual dispensing utensils shall be protected against
becoming contaminated and serving as vehicles for introducing contamination
into bulk food. Means considered suitable include but are not limited to:
(1)
Using a tether which is constructed of easily cleanable
material, is of such length that the utensil cannot contact the floor and
is designed to prevent interference with the requirement for self-closing
covers.
(2)
Storing the utensil in a sleeve or protective housing
attached or adjacent to the display unit when not in use or utilizing a utensil
designed so that the handle cannot contact the product if left in the product
module.
D.
Ladles and spatulas used in other than dry foods shall
be stored in the food with handles extending to the outside of the product
module. Handles shall not prevent lids from being self-closing.
E.
Product modules shall be designed or located such that
the serving area is greater than 30 inches in height from the floor and all
product modules with customer access from the top shall have a depth not greater
than 13 inches.
F.
Product modules must be protected by close-fitting individual
covers. If opened by the customer, the covers shall be self-closing and shall
remain closed.
G.
Product modules shall be labeled with either the labeling
of the manufacturer's or processor's bulk container plainly in view
or a counter card, sign or other appropriate device bearing prominently and
conspicuously at the product module the common name of the product, a list
of ingredients in proper order of predominance and other information as may
be required by the Health Officer.
H.
Take-home containers (bags, cups, lids, etc.) for customer
use or disposable liners used as product modules shall be of sufficient weight
and thickness to resist tears and cuts and shall be made of safe materials.
Personal containers shall not be permitted to be filled with bulk food.
A.
All equipment and display areas shall be maintained at
all times in a clean and sanitary condition. Product spillage shall not be
allowed to remain in the display area for more than 1/2 hour.
B.
Tongs, scoops, ladles, spatulas and other utensils, including
tethers, shall be cleaned and sanitized at least daily. More frequent intervals
may be required based on the type of food and the amount of soiling.
C.
Individual product modules shall be designed to be easily
removable from the display for servicing unless the modules are so designed
that they can be effectively cleaned and sanitized when necessary through
a manual in-place cleaning procedure that will not contaminate or otherwise
adversely affect bulk food or equipment in the display area.
D.
Product modules, including utensils containing potentially
hazardous foods, may not be refilled without cleaning and sanitizing. Other
product modules must be cleaned and sanitized at least weekly.
A.
Potentially hazardous foods, once placed out for self-service,
must be discarded at the end of the workday, except when the temperature of
the product is found to be in excess of 40° F. or below 140° F.; then
it shall be immediately discarded. All bulk food must be rotated to ensure
freshness when restocked.
B.
All liquid and semiliquid products or any product deemed
to be a nuisance by virtue of spillage, cleanability, insect or rodent attraction
or prone to excessive handling or tasting may be prohibited or restricted
in self-service from bulk.
C.
All bulk products, once dispensed by the customer, may
not be offered for resale or returned to the bulk container.
D.
All bulk products containing potentially hazardous foods
shall have a maximum turnover time of 24 hours. Perishable products shall
have a turnover time that is adequate to prevent spoilage or degradation of
the product.
E.
A product in a module showing signs of contamination
by another product that is not readily identifiable shall be considered adulterated.
The adulterated product shall be immediately removed from sale. Skimming shall
not be allowed.
F.
Preprinted labels shall be available to customers to
identify all products available for take-home in food establishments unless
such products are readily identifiable on sight.
A.
Samples of food, drink and other substances may be taken
and examined by the Health Officer as often as may be necessary for the detection
of unwholesomeness or adulteration. The Health Officer may condemn and forbid
the sale of or cause to be removed or destroyed any food or drink which is
unwholesome, adulterated or dangerous to the public health. Any food, drink
or other substance may be stopped from sale or use and placed under an embargo
by the Health Officer for as reasonable a period of time as may be necessary
to determine that the food, drink or other substance is adulterated, decomposed,
impure, unfit for human consumption or dangerous to the public health. No
food, drink or other substance shall be used, removed, destroyed or otherwise
disposed of while under embargo except by or under the direction of the Health
Officer.
B.
Appeal. The owner of products placed under embargo by
virtue of any power granted under this article shall have the right to appeal
to the Board of Health. The Board of Health shall afford a hearing and shall
give due notice of the time and place of the hearing to the owner of such
goods. As a result of the hearing, the Board of Health shall have the right
to stay or set aside the order and the decision of the Board shall be final
and conclusive.
Approved bulk food operations shall maintain proper sanitary controls
as set forth in the rules and regulations of the Board of Health pertaining
to bulk food operations. The operation may be suspended or service restricted
by order of the Health Officer if the rules and regulations pertaining to
bulk food operations are violated by the establishment or due to handling
by the customers. The owner of the establishment, when so ordered, shall immediately
comply with and obey such order and shall not conduct further operations until
permission is granted by the Health Officer. The proprietor shall have the
right to appeal to the Board of Health, which shall afford a hearing. As a
result of the hearing, the Board shall have the right to stay or set aside
the order, uphold the order or permanently revoke the approval for self-service
of bulk foods.
Any person who violates any provision of this article shall, upon conviction
thereof, be punishable by a fine of not more than $600, plus costs of prosecution
and in default of payment of such fine and costs by imprisonment for 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 article, each
day that he shall continue such violation after such notification shall constitute
a separate offense, punishable by a like fine or penalty.
