[Adopted as indicated in article histories]
[Adopted 5-1-1967 by Ord. No. 1348]
A.
This article is hereby amended to include the attached document,
the provisions of the Department of Agriculture, Chapter 46,[1] issued under the Food Act (31 P.S. §§ 20.1
to 20.18[2]); the Public Eating and Drinking Place Law (35 P.S. §§ 655.1
to 655.13[3]); and Section 1705(d) of the Administrative Code of 1929 [71 P.S. § 445(d)], unless otherwise noted. Any person, firm or corporation who or which shall fail, neglect or refuse to comply with any of the provisions of this subsection shall be subject to the penalties as provided for in Chapter 1, Article I, of the Borough's Code.
[Added 9-9-2009 by Ord. No. 2153]
[1]
Editor's Note: See 7 Pa. Code Chapter 46.
[2]
Editor's Note: 31 P.S. §§ 20.1 to 20.18 were
repealed 11-23-2010 by P.L. 1039, No. 106. See now 3 Pa.C.S.A. § 5721
et seq.
[3]
Editor's Note: 35 P.S. §§ 655.1 to 655.13 were
repealed 11-23-2010 by P.L. 1039, No. 106. See now 3 Pa.C.S.A. § 5701
et seq.
B.
The following regulations, as adopted by the Board of Health of the
Borough of Hanover at a meeting held May 1, 1967, are hereby approved
by the Council of the Borough of Hanover.
As used in this article, the following terms shall have the
meanings 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;
If 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;
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 insanitary
conditions, whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health;
If it is in whole or in part the product of a diseased animal
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 may render the contents injurious to
health.
A material which maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds and sanitizing
solutions which may contact it.
Readily accessible and of such materials and finish and so
fabricated that residue may be completely removed by normal cleaning
methods.
All stoves, ranges, hoods, meatblocks, tables, counters,
refrigerators, sinks, dishwashing machines, steam tables and similar
items other than utensils used in the operation of a food-service
establishment.
Any raw, cooked or processed edible substance, beverage or
ingredient intended, in whole or in part, for human consumption.
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.
The Health Officer of the Borough of Hanover or his authorized
representative.
Operation of a restaurant for a temporary period in connection
with a fair, church, carnival, circus, public exhibition or other
similar gatherings.
[Added 11-6-1967 by Ord. No. 1370]
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.
Any restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, tavern, mobile food vendor, food vending machine, soda
fountain and other eating and drinking establishments, as well as
kitchens or other places in which food or drink is prepared for sale
elsewhere.
[Added 11-6-1967 by Ord. No. 1370]
As applied to potentially hazardous food, shall mean an internal
temperature of 45° F. or below, and 140° F. or above.
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.
Cups, containers, lids or closures; plates; knives, forks,
spoons, stirrers, paddles; 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,
synthetic or other readily destructible materials, and which are intended
by the manufacturers and generally recognized by the public as for
one usage only, then to be discarded.
Any public eating or drinking place which operates at any
location for a period of time not to exceed two consecutive days in
connection with a fair, carnival, circus, public exhibition or similar
transitory gathering.
[Amended 8-11-1999 by Ord. No. 2024]
Any tableware and kitchenware used in the storage, preparation,
conveying or serving of food.
[Amended 10-6-1993 by Ord. No. 1940]
A.
It shall be unlawful for any person to operate a restaurant in the
Borough of Hanover who does not possess an unrevoked permit from the
Health Officer. Such permit shall be posted in a conspicuous place.
Only persons who comply with the requirements of these regulations
shall be entitled to receive and retain such permit. A person conducting
an itinerant restaurant shall also be required to secure a permit.
All mobile restaurants, such as lunch wagons, shall be required to
have an identification sign on the outside of the vehicle displaying
the restaurant's name and identifying it by number if it is one
of a number of several vehicles operating under the same name.
B.
Any itinerate restaurant acting as a temporary public eating or drinking
place shall register for a permit from the Health Officer. Such permit
shall be posted in a conspicuous place. Only persons complying with
permit regulations shall be entitled to receive such a permit. Itinerate
permits shall be issued to all itinerate restaurants on a fee schedule
as established from time to time by Hanover Borough Council.
[Added 8-11-1999 by Ord. No. 2024]
A.
At least once every three months the Health Officer and his representative
shall inspect every restaurant located within the Borough of Hanover.
In case the Health Officer or his representative discovers the violation
of any major item of sanitation, he shall make a second inspection
after the lapse of such time as he deems necessary for the infraction
to be remedied, and the second inspection shall be used in determining
compliance with the requirements of these regulations. Any violation
of the same item of these regulations on such second inspection may
call for immediate suspension of permit.
B.
An inspection report shall be made at time of inspection. One copy
of said report shall be posted by the Health Officer in a suitable
conspicuous place in the restaurant and the said inspection report
shall not be defaced or removed by any person except the Health Officer.
Another copy of the inspection report shall be filed with the records
of the Health Department.
C.
The person operating the restaurant shall upon request of the Health
Officer permit access to all parts of the establishment and shall
permit examination of any or all records of food purchased.
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 or adulterated.
B.
Storage, display and serving of food and drink. All food and drink
shall be so stored, displayed and served as to be protected from dust,
flies, vermin, depredation and pollution by rodents, unnecessary handling,
droplet infection, overhead leakage and other contamination. No animals
or fowl shall be kept or allowed in any room in which food or drink
is prepared or stored. All means necessary for the elimination of
flies, roaches and rodents shall be used.
C.
Food supplies. All food in public eating or drinking places shall
be clean, wholesome, free from spoilage and safe for human consumption.
No hermetically sealed, nonacid and low acid food which has been processed
in a place other than a commercial food processing establishment shall
be used.
(1)
Only pasteurized fluid milk and fluid milk products shall be used
or served. Dry milk and milk products may be reconstituted in the
establishment if used for cooking purposes only.
(2)
All milk and fluid milk products for drinking purposes shall be purchased
and served in the original, individual container in which they were
packaged at the milk plant, or shall be served from an approved bulk
milk dispenser: Provided that cream, whipped cream or half-and-half,
which is to be consumed on the premises, may be served from the original
container of not more than one-quart capacity or from a dispenser
approved by the Pennsylvania Department of Health for such service,
and for mixed drinks requiring less than 1/2 pint of milk, milk may
be poured from one-quart or one-half-gallon containers packaged at
a milk plant.
(3)
All oysters, clams and mussels shall be from sources approved by
the Pennsylvania Department of Health: Provided that when the source
is outside the state, it shall be one which is certified by the state
of origin or the United States Public Health Service.
(4)
Shellstock shall be identified with an official tag giving the name
and certificate number of the original shellstock shipper and the
kind and quantity of shellstock. Fresh and frozen shucked oysters,
clams and mussels shall be packed in nonreturnable containers identified
with the name and address of the packer, repacker or distributor,
and the certificate number of the packer or repacker preceded by the
abbreviated name of the state. Shellfish, crabs and lobsters, if served
in the shell, must be served in the original shell; but the reuse
of such shells as food containers in the preparation or serving of
food is prohibited.
D.
Food protection. All food while being stored, prepared, displayed,
served or sold at public eating or drinking places, or during transportation
between such establishments, shall be protected from contamination
and stored in such a manner as to prevent rodent harborage and permit
ease of cleaning. All perishable food shall be stored at such temperatures
as will protect against spoilage. All potentially hazardous food shall
be maintained at safe temperatures, except during necessary periods
of preparation and service. Raw fruits and vegetables shall be washed
before use. Stuffings, poultry, stuffed meats and poultry, and pork
and pork products shall be thoroughly cooked before being served.
Individual portions of food once served to the customer shall not
be served again: Provided that wrapped food which has not been unwrapped
and which is wholesome may be reserved. Tongs, forks, spoons, picks,
spatulas, scoops and other suitable utensils shall be provided and
shall be used by employees to reduce manual contact with food to a
minimum. For self-service by customers, similar implements shall be
provided.
E.
Only such poisonous and toxic materials as are required to maintain
sanitary conditions and for sanitization purposes may be used or stored
in public eating or drinking places. Poisonous and toxic materials
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-utensils storage rooms. Bactericides and cleaning
compounds shall not be stored in the same cabinet or area of the room
with insecticides, rodenticides or other poisonous materials.
F.
Each cold-storage facility used for the storage of perishable food
in nonfrozen state shall be provided with an indicating thermometer
accurate to +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. Wet storage
of packaged food shall be prohibited.
G.
Frozen food shall be kept at such temperatures as to remain frozen,
except when being thawed for preparation or use. Potentially hazardous
frozen food shall be thawed at refrigerator temperatures of 45°
F. or below, or under cool potable running water 70° F. or below,
or quick-thawed as part of the cooking process, or by any other method
satisfactory to the Pennsylvania Department of Health.
H.
Stuffings, poultry and stuffed meats and poultry shall be heated
throughout to a minimum temperature of 165° F. with no interruption
of the initial cooking process.
I.
Potentially hazardous custards, cream fillings or similar products
which are prepared by hot or cold processes, and which are used as
puddings or pastry fillings, shall be kept at safe temperatures, except
during necessary periods of preparation and service, and shall meet
the following requirements as applicable:
(1)
Pastry fillings shall be placed in shells, crusts or other baked
goods either while hot, not less than 140° F., or immediately
following preparation if a cold process is used; or
(2)
Such fillings and pudding shall be refrigerated at 45° F. or
below in shallow pans immediately after cooking or preparation, and
held thereat until combined into pastries or served.
(3)
All completed custard-filled and cream-filled pastries shall, unless
served immediately following filling, be refrigerated at 45° F.
or below promptly after preparation and held thereat pending service.
J.
Dispensing scoops, spoons and dippers used in serving frozen desserts
shall be stored, between uses, either in an approved running-water
dipper well, or in a manner approved by the Pennsylvania Department
of Health.
All restaurants shall comply with all of the following items
of sanitation:
A.
Floors, walls and ceilings.
(1)
The floor surfaces in kitchens, in all other rooms and areas in which
food is stored or prepared and in which utensils are washed, and in
walk-in refrigerators, 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 areas need not be nonabsorbent. All floors shall
be kept clean and in good repair. Floor drains shall be provided in
all rooms where floors are subjected to the flooding-type cleaning
or where normal operations release or discharge water or other liquid
waste on the floor. All exterior areas where food is served shall
be kept clean and properly drained, and surfaces in such areas shall
be finished so as to facilitate maintenance and minimize dust.
(2)
The walls and ceilings of all rooms shall be kept clean and in good
repair. All walls or rooms or areas in which food is prepared, or
utensils or hands are washed, shall be easily cleanable, smooth, light-colored
and shall have washable surfaces up to the highest level reached by
splash or spray.
(3)
The walking and driving surfaces of all exterior areas where food
is served, such as drive-in restaurants, patio service, chuck-wagon
service, and barbecues 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, handwashing areas, dressing or locker rooms, toilet rooms
and garbage and rubbish-storage areas shall be well lighted. During
all cleanup activities, adequate light shall be provided in the area
being cleaned, and upon or around equipment being cleaned.
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. Ventilation hoods
and devices shall be designed to meet the standards of the Department
to prevent grease or condensate from dripping into food or onto food-preparation
surfaces. Filters, where used, shall be readily removable for cleaning
or replacement. Ventilation systems shall comply with applicable state
and local fire-prevention requirements.
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.
(1)
All parts of the establishment and its premises shall be kept neat,
clean 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 surface. None of the operations connected with
a public eating or drinking place 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 conduct
of public eating- or drinking-place operations: Provided that guide
dogs accompanying blind persons may be permitted in dining areas.
(2)
Vacuum cleaning, wet cleaning or other dustless methods of floor
and wall cleaning shall be used; or dust-arresting sweeping compounds
and pushbrooms 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, such as after closing or between meals.
When flies are prevalent, all openings into the outer air shall
be effectively screened and doors shall be self-closing, unless other
effective means are provided to prevent the entrance of flies.
A.
Water supply.
(1)
The water supply shall be adequate, of a safe, sanitary quality which
meets the requirements of the Department. 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 standards for drinking water.
B.
Sewage disposal. All sewage shall be disposed of in a manner which
will not be injurious to the health of the patrons.
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 that it does not
constitute a source of contamination of food, equipment or utensils,
or create an insanitary condition or nuisance.
D.
Toilet facilities.
(1)
Each public eating or drinking establishment shall be provided with
adequate, conveniently located toilet facilities for its employees
and patrons: Provided that when approved by the licensor, public eating
or drinking places 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 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. Easily cleanable
receptacles shall be provided for waste materials, and such receptacles
in toilet rooms for women shall be covered.
E.
Handwashing facilities. Each public eating or drinking place shall
be provided with adequate, conveniently located handwashing 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. Handwashing facilities shall be located within or immediately
adjacent to all toilet rooms or vestibules. In all new establishments
and establishments which are extensively altered, handwashing facilities
shall also be located within the area where food is prepared. In no
instance can it 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 rubbish disposal. All garbage and rubbish containing
food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent
containers which shall be kept covered with tight-fitting lids when
filled or stored, or not in continuous use. All other rubbish shall
be stored in containers, rooms or areas in an approved manner. The
rooms, enclosures, areas and containers used shall be adequate for
the storage of all food waste and rubbish accumulating on the premises.
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. All garbage and rubbish shall be disposed
of with sufficient frequency and in such a manner as to prevent a
hazard to health.
G.
Insect and rodent control. Effective measures shall be taken to protect
against the entrance into the establishment, and the breeding or presence
on the premises, of insects and rodents.
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.
All equipment 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. 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.
(2)
All equipment shall be so installed and maintained as to facilitate
the cleaning thereof and of all adjacent areas.
(3)
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 eating or drinking utensils shall be thoroughly cleaned and sanitized
after each usage.
(2)
All kitchenware and food-contact surfaces of equipment used in the
preparation or serving of food or drink and all multiuse food-storage
utensils, exclusive of cooking surfaces of equipment, shall be thoroughly
cleaned after each use; provided 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 required to
be sanitized prior to usage. 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.
Nonfood-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.
(3)
When manual dishwashing is employed, equipment and utensils shall
be thoroughly washed in a hot detergent solution which is kept reasonably
clean, and then shall be rinsed free of such solution. Thermometers
accurate to plus 3° F. shall be provided convenient to the sink
to permit frequent checks of the water temperature. All eating and
drinking utensils and, where required, the food-contact surfaces of
all other equipment and utensils shall be sanitized by one of the
following methods:
(a)
Immersion for at least 1/2 minute in clean hot water at a temperature
of at least 170° F.; or
(b)
Immersion for a period of at least one minute in a sanitizing
solution containing:
[1]
At least 50 ppm of available chlorine at a temperature not less
than 75° F.; or
[2]
At least 12.5 ppm of available iodine in a solution having a
pH not higher than 5.0 and a temperature of not less than 75°
F.; or
[3]
Any other chemical-sanitizing agent which has been demonstrated
to the satisfaction of the Pennsylvania Department of Health to be
effective and nontoxic under use conditions and for which a suitable
field test is available. Such sanitizing agents in use solutions shall
provide the equivalent bactericidal effect of a solution containing
at least 50 ppm of available chlorine at a temperature not less than
75° F.
(c)
Equipment too large or impractical to treat by methods (a) or
(b) above may be treated:
[1]
With live steam from a hose, in the case of equipment in which
steam can be confined; or
[2]
By rinsing with boiling water; or
[3]
By spraying or swabbing with a chemical sanitizing solution
of at least twice the minimum strength required for the particular
sanitizing solution when used for immersion sanitization.
(4)
Except as hereinafter provided, no proprietor of a public eating or drinking place within this commonwealth shall conduct or cause to be conducted manual washing and sanitization of utensils unless there is in use a three-compartment sink for this purpose; provided, however, that those licensing jurisdictions in which greater than 50% of the establishments are employing manual means of washing and sanitization of utensils and equipment do not have three-compartment sinks, shall submit for approval to the Department a plan for the orderly transition to effect compliance with the provisions of § 137-14B.
(5)
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.
(6)
Where there is a need for a device to discard liquid waste, or slop
sink, such device or sink shall be provided in addition to the three-compartment
sink.
(7)
When hot water is used as the sanitizing agent in manual operations,
dish baskets shall be of such design as to permit complete immersion
of the utensils and equipment components being sanitized therein.
(8)
Dishwashing machines, including prewashing units, shall be designed,
constructed, installed, maintained and operated in accordance with
the standards of the Department and shall also meet the following
criteria where applicable:
(a)
When chemicals are relied upon for sanitization, they shall
be of a class or type approved by the Pennsylvania Department of Health,
and shall be applied in such concentration and for such a period of
time as to provide effective bactericidal treatment of the equipment
and utensils.
(b)
An easily readable thermometer shall be provided to each tank
of the dishwashing machine which will indicate to an accuracy of plus
3° F. the temperature of the water or solution therein. In addition,
a thermometer of equal accuracy shall be provided which will indicate
the temperature of the final rinse as it enters the manifold. All
thermometers shall be so placed as to be easily read by the operator,
and so located as not to be unduly exposed to breakage.
(c)
The wash and final rinse cycles of all machines shall be automatically
timed.
(d)
The flow pressure of the final rinse water shall not be less
than 15 nor more than 25 pounds per square inch in the line at machine.
(e)
Appropriate connections shall be provided to enable the testing
of the temperature and pressure of the final rinse water. The plumbing
connections shall be located immediately adjacent to the supply side
of the valve control in the line carrying the final rinse water to
the dishwashing machine.
(f)
When automatic cold-water glass washers are employed for washing
and sanitizing glasses, the following provisions shall be met:
[1]
The washer shall be self-cleaning and sanitizing.
[2]
All used water shall flow out of the washer immediately following
use.
[3]
The washer must contain brushes or employ other effective means
which will adequately clean both the inside and outside of the glass.
[4]
The detergent sanitizer used shall be one that is expressly
for use in cold-water glass washers and is effective.
[5]
Any other 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]
Public eating or drinking places which do not have adequate
and effective facilities for cleaning and sanitizing utensils shall
use single-service articles.
A.
No employee with any disease in a communicable form, or who is a
carrier of such disease, shall work in any public eating or drinking
place in any capacity which brings him into contact with the production,
handling, storage or transportation of food or equipment used in public
eating or drinking places; 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 public eating or drinking
places.
B.
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 eating or drinking place;
and/or
(2)
The immediate closing of the eating or drinking place 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.
C.
Cleanliness. 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
handwashing 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.
D.
Hair nets, headbands, caps or other effective hair covering shall
be used by employees engaged in the preparation and service of food
to keep hair from food and food-contact surfaces.
E.
Persons engaged in the preparation, handling or service of food shall
not use tobacco in any form while in equipment- and utensil-washing
or food preparation areas: Provided that designated locations in such
areas may be approved by the licensor for smoking where no contamination
hazards will result.
From and after 12 months from the date on which these regulations
take effect, no restaurant shall be operated within the Borough of
Hanover, or its police jurisdiction, unless it conforms with the requirements
of these regulations. Provided, that when any restaurant fails to
qualify, the Health Officer may take steps to suspend the permit.
A.
Any restaurant the permit of which has been suspended may at any
time make application for the reinstatement of the permit.
B.
Within one week after the receipt of a satisfactory application accompanied
by a statement signed by the applicant to the effect that the violation,
provision or provisions of these regulations have been conformed with,
the Health Officer shall make a reinspection, and then, after as many
additional reinspections as he may deem necessary to assure himself
that the applicant is again complying with the requirements, and,
when the findings indicate compliance, shall reinstate the permit.
No person who is affected with a disease in a communicable form
or is a carrier of such disease shall work in any restaurant, and
no restaurant shall employ any such person or any person suspected
of being affected with any disease in a communicable form or of being
a carrier of such disease. If the restaurant manager suspects that
any employee has contracted any disease in a communicable form or
has become a carrier of such disease, he shall notify the Health Officer
immediately. A placard containing this section shall be posted in
all toilet rooms.
When suspicion arises as to the possibility of transmission
of infection from a restaurant employee, the Health Officer is authorized
to require any or all of the following measures:
These regulations shall be enforced by the Health Officer in
accordance with the interpretation thereof contained in the current
edition of the U.S. Public Health Service Code Regulating Eating and
Drinking Establishments, a certified copy of which shall be on file
at the Borough Clerk's office.
Any person who violates any provisions of these regulations
shall be fined net more than $100 at the discretion of the court having
jurisdiction. Each and every violation of the provisions of this regulation
shall constitute a separate offense.
No application for license to operate a snack bar, lunchroom,
restaurant or victualing house on premises for which no license has
previously been granted will be approved by the Board of Health unless
the area to be occupied is sufficiently large to permit a suitable
arrangement of kitchen, washing and sanitary facilities, and seating
accommodations for patrons without excessive crowding.
No such application will be approved unless the premises to
be occupied are located in a building of such construction that floors,
walls, ceilings and cellar can always be kept in a sanitary condition.
All prospective applicants for such license, before letting
any contracts for construction of appliances, must file with the Board
of Health detailed plans of the premises to be occupied and of the
proposed layout.
All employees who handle food or drink during preparation or
serving, or who come in contact with any eating or drinking utensils
or containers or other equipment, or who are employed in an establishment
in which food or drink is prepared or served, shall comply with the
provisions of Borough Ordinance No. 762 requiring yearly examinations.
These health certificates shall be filed in a manner prescribed by
the Health Officer.
Swab testing and culture of eating utensils in eating and drinking
establishments shall be performed under the regulations of the Hanover
Board of Health three times yearly. Results of swab tests on eating
utensils shall be posted conspicuously in each establishment.
[Adopted 11-15-1967 by Ord. No. 1371]
[Amended 1-15-1990 by Ord. No. 1871; 12-19-1990 by Ord. No. 1889; 9-4-1996 by Ord. No. 1989; 9-28-2011 by Ord. No. 2175]
Beginning November 1, 2011, the proprietors and operators of
public eating and drinking places, retail food establishments and
food vending machines in the Borough of Hanover shall pay to the Borough,
for the purpose of defraying the cost to the Borough of inspections
and bacteriological tests made by the Board of Health for such places,
establishments and machines, such licensing, inspection and other
fees covering the period from November 1 to October 31 each year as
the Borough Council shall establish by resolution passed from time
to time by the Council.[1]
[1]
Editor's Note: The schedule of fees is included at the end of this chapter.
