[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 4-28-1980 by Ord. No. 80-8. Amendments noted where applicable.]
A.
It shall be unlawful for any person to bring into, send into or receive
into the Borough of Jenkintown, for sale or to sell or offer for sale
therein, or to have in storage where milk or milk products are sold
or served, any milk or milk products, as defined in 30 P.S. § 645,[1] who does not possess a permit from the Health Officer
of the Borough of Jenkintown. Possession of a restaurant permit or
any other business permit shall not be considered in lieu of a milk
permit when milk is served or sold on the premises.
[1]
Editor's Note: See now 31 P.S. § 511 et seq., for statutory
requirements and definitions pertaining to milk and milk products.
B.
Every milk distributor and/or operator of a milk plant shall secure
a permit. Only a person who complies with the requirements of this
chapter and the provisions of 30 P.S. § 645 et seq., and
30 P.S. § 700j-101 et seq., and any rules or regulations
adopted pursuant thereto shall be entitled to receive and retain such
a permit. Permits shall not be transferable with respect to persons
and/or locations.
C.
Such a permit may be temporarily suspended by the Health Officer
upon violation by the holder of any of the terms of this chapter and
the provisions of 30 P.S. § 645 et seq., and 30 P.S. § 700j-101
et seq., and any rules or regulations adopted pursuant thereto, or
for interference with the Health Officer in the performance of his
duties, or revoked after an opportunity for a hearing by the Health
Officer upon serious or repeated violations.
Every milk processor and distributor shall, upon request of
the Health Officer, permit him access to all parts of the establishment,
and every distributor shall furnish the Health Officer upon his request,
for official use only, a true statement of the actual quantities of
milk and milk products of each grade purchased and sold, together
with a list of all sources, records of farm inspections and tests
and recording thermometer charts for a period of six months.
This chapter shall be enforced by the Health Officer. Where the Health Officer is directed by this chapter to take action for the violation of the chapter or where any violation of the chapter is brought to the attention of the Health Officer, the Health Officer shall either hold a hearing, after having mailed notice thereof to the permit holder at least two days prior to such hearing, to determine whether the permit should be suspended and may for cause suspend it, or the Health Officer or other Borough official shall institute criminal proceedings under § 117-5 hereof, or both.
A.
Any processor, distributor or over-the-counter retailer of milk or
milk products whose permit has been suspended may at any time make
application for the reinstatement of his permit.
B.
Upon receipt of a satisfactory application for reinstatement of the
permit based on correction of a violation, including a statement signed
by the applicant to the effect that the violated item of the specifications
has been conformed with, within one week of the receipt of such an
application and statement, the Health Officer shall make a reinspection
of the applicant's establishment and thereafter as many additional
reinspections as he may deem necessary to assure himself that the
applicant is again complying with the requirements of this chapter
and, in case the findings justify, shall reinstate the permit. All
charges for the above inspections shall be borne by the applicant.
[Amended 1-30-1989 by Ord. No. 89-2]
Any person violating any provision of this chapter shall, upon
conviction thereof before a Magisterial District Judge in the Borough
of Jenkintown, be subject to a fine of not more than $1,000 for each
offense, to be collected by summary conviction as like fines are now
collected by law, or to undergo imprisonment in the county jail for
a period not exceeding 30 days, or both.
