[HISTORY: Adopted by the City Council of the City of Butler 3-1-1953 by Ord. No. 754; amended in its entirety 10-25-2012 by Ord. No. 1662. Amendments noted where applicable.]
From and after the effective date of this chapter, it shall be unlawful for any person, in any capacity whatsoever, whether as employer, employee, proprietor or as a member of the proprietor's family to handle, in any manner whatsoever, any unwrapped or unpackaged food, foodstuffs or drink intended for human consumption by the public, within the territorial limits of the City of Butler, Pennsylvania, unless such person shall have first obtained a certificate of health from the Board of Health of the City of Butler, Pennsylvania. Such certificate will not be issued until the establishment has received a health inspection for the Health Officer of the City of Butler. From then on, the establishment must have an annual health inspection from the Health Officer of the City of Butler. If the establishment has an automatic fire extinguishing system and Class K rated fire extinguisher(s), the establishment must also have a fire inspection from the Fire Chief of the Butler Bureau of Fire on an annual basis. Both inspections should be coordinated to be done at the same time.
Food establishments as defined herein, are declared to be subject to the provisions of the rules and regulations adopted by the Department of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter 46, Food Code Regulations," issued under the Retail Food Facility Safety Act of 2010 as now enacted and as may be hereafter amended. A copy of these regulations shall be supplied to any person operating a food establishment, on request.
The definitions, as set forth in the rules and regulations of the Department of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter 46, as now enacted and as may be hereafter amended, are included herein by reference. In addition to the definitions set forth in the Act, the following words and phrases shall have the meaning ascribed to them in this section, unless the context indicates otherwise:
- The City of Butler, Butler County, Pennsylvania.
- FOOD ESTABLISHMENT
- Both public eating and drinking places and retail food establishments collectively.
Definitions. A "certified food employee" is an employee of a food establishment who is in a supervisory or management position or person in charge with respect to other employees of the establishment and/or in some way responsible for the operation of a food establishment.
Board-approved training. The City of Butler Board of Health shall approve training programs based on the state food establishment rules and regulations, adopted herein, for the purpose of instructing prospective certified food employees in the food handling requirements.
Certified food employee on duty. Each newly licensed food establishment shall within 90 days have within their employ at least one certified food employee who is available on the premises at all times or available by phone. Retail food establishments that sell only prepackaged non-potentially hazardous food shall be exempt from this requirement.
Examinations. Each certified food employee shall be required to take a test given by the state.
All certified food employees who shall have passed such examination shall provide a copy to the City.
Certification shall be valid for five years from the date of issuance, unless sooner suspended or revoked, and shall be reissued only after successful reexamination and payment of the required fee. All certificates issued shall be exhibited in a place conspicuous to consumers and the City.
The fees payable for the certified food employee will be set by resolution of the City of Butler from time to time.
Responsibilities of certified food employee and/or person in charge. Certified food employees and/or the person in charge shall be required to daily observe, instruct, and, if necessary, correct other food establishment employees. Certified food employees shall further be required to observe, practice, and conform with the provisions of Chapter 142, Food Code, and the Food Facility and Safety Act of 2010.
Suspension and revocation of certificates.
Any person certified hereunder who knowingly fails to follow the responsibilities set forth herein may be suspended by the City for a specified period. Any person certified hereunder who knowingly submits false information to any representative of the City of Butler Board of Health or, having previously been suspended, fails to perform the responsibilities set forth herein, may have such certification revoked by the City.
Any person whose certification is suspended or revoked shall be notified of such action, writing, and shall have the right, within one week after receipt of such notice, to request, in writing, a hearing before the City of Butler Board of Health. The said Board shall conduct such hearing as soon as possible thereafter and shall determine whether such person shall have such certification suspended, and the length of time thereof, or revoked. Any person whose certification is revoked may not be recertified within one year from the date of such revocation.
Any person who shall violate any of the provisions of §§ 142-1 through 142-4 shall be subject to the penalties set forth within the Food Facility and Safety Act of 2010. Any person who resists or interferes with any authorized representative of the City in the performance of his duties shall, upon conviction thereof before any Magisterial District Judge be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs, to be paid to the City or, in default thereof, to be confined to jail for a period of not more than 30 days.