[HISTORY: Adopted by the Council of the Borough of Darby 5-20-2009 by Ord. No. 748, approved 5-20-2009. Amendments
noted where applicable.]
A. The following are hereby declared by the Council of the Borough of
Darby to be against the public health, welfare and good order. It
shall be illegal for any person, persons, company or corporation to
act, permit or allow any of the actions in this chapter.
B. The term "person" in this chapter shall include the plural as well
as the singular and shall apply to any company or corporation, wherever
appropriate.
C. Darby Borough adopts by reference the Commonwealth of Pennsylvania,
Department of Agriculture, rules and regulations under Title 7, Chapter
46, adopted December 12, 2003, as if fully set out in this chapter
and as may from time to time be amended.
Any and all persons, companies, corporations, markets, stores
or similar establishments which handle, vend, sell or expose for sale
within the Borough of Darby, Pennsylvania, any food or food product
meant for human consumption shall, before April 1 of each and every
calendar year, undergo an inspection by the Health Officer certifying
to the sanitary and proper conditions required for both the storage,
handling and sale of food or food products.
For the protection, health and well-being of the citizens of
Darby, Pennsylvania, safe, sanitary and proper conditions are defined
to be those as defined by the Pennsylvania Department of Health, plus
any further conditions and regulations as enacted by any ordinance
of the Borough of Darby, Pennsylvania.
The Health Officer of the Borough of Darby is hereby authorized
and ordered to enter into or upon any property, public or private,
in order to make the required inspection or inspections of all places
where food or food products meant for human consumption are held,
stored or exposed for sale or sold, either at retail or wholesale,
within the Borough of Darby, Pennsylvania, at any time during business
hours. At least one inspection shall be made during each calendar
year prior to April 1.
Each and every establishment where food meant for human consumption
is held, stored, vended, exposed for sale or sold shall obtain a Darby
food handler's card for each and every employee of said establishment,
prior to any employee actually working in such establishment. All
cards shall be maintained in a file upon the premises and must be
presented for inspection during business hours upon demand of either
the Health Officer or any member of the Borough Council.
Any person who wishes to be employed in food handling shall
obtain from the Health Officer the food handler's health report, which
is to be completed and signed by a licensed physician. Upon return
of this signed report to the Health Officer, provided that the applicant
is free from disease, a Darby food handler's card shall be issued
to the applicant upon payment of a fee of $2. All such cards shall
expire on the last day of each calendar year and must be renewed in
the same manner in which they were originally obtained; provided,
however, that any card issued after September 1 of any year shall
expire the last day of the following year. All food handler's health
reports shall be maintained for a period of three years by the Health
Officer.
All establishments covered by this chapter shall maintain a
rest room containing soap and running hot water. A sign shall be prominently
posted which states "All Employees Must Wash Hands With Soap and Water
Before Returning to Work" or words to that effect. Furthermore, all
employees are to be verbally instructed as to this requirement.
The following are the maximum temperatures at which the following
foods and beverages are to be stored:
A. Ice cream, milk, meat, cold beverages and other perishable foods
not mentioned in this chapter: 40° F.
B. Seafood and poultry: 32° F.
At least once each week, all garbage, trash and refuse shall
be collected by that agent employed by the establishment. Prior to
collection, all trash and refuse must be kept within a fully enclosed
container or closed plastic bag. All garbage must be kept within a
garbage can with a tight-fitting lid to absolutely exclude all insects,
rodents and animals. None of the materials mentioned in this section
may be openly exposed for any reason whatsoever, either deliberately
or accidentally. For purposes of this chapter, "garbage" is defined
to be any organic matter.
A. The cost of each inspection shall be $100. The cost for each reinspection,
when needed, shall be $50. The cost for the original license and for
a replacement license shall each be $10. The Health Officer will receive,
as compensation, 50% of all money collected for inspections, reinspections
and licensing of food handlers in addition to any other compensation
allotted by Darby Borough.
B. The Council of the Borough of Darby may, from time to time, revise
the aforementioned fee schedule, by resolution.
A. The license issued by the Health Officer shall be prominently displayed
at the place of business.
B. At the discretion of the Health Officer, transient vendors may be
excluded from the provisions of this chapter.
Any person, companies, corporations, markets or stores or similar
establishments which shall fail to obtain a license or the proper
number of Darby food handler's cards as required by this chapter shall
immediately cease and desist operations upon written orders from the
Health Officer. Any establishment that continues operation in violation
of this chapter shall, upon conviction, pay a fine of not less than
$300 for each day of the violation, as well as all costs of prosecution.
In default of payment of fine and costs, the offender shall be committed
to prison for not fewer than 10 days for each day the violation existed.
Any establishment in which there exists any unsanitary conditions,
any condition or conditions which present a threat or hazard to the
health and well-being of the patrons of the establishment or the citizens
of Darby shall be given not less than one hour nor more than one week
to correct the improper condition or conditions. Upon failure of the
owners to correct the offending condition or conditions, an immediate
closure of the business shall be ordered. The Health Officer shall
immediately place at the entrance a sign reading "Closed by the Health
Officer." Any establishment which continues operation after the issuance
of the closure order or which removes, causes to be removed or permits
the removal of the aforementioned sign by anyone except the Health
Officer shall be subject to a fine of not less than $150 nor more
than $300 for each day that the offense continues, together with the
costs of prosecution. In default of payment of fine and costs, the
owners shall be imprisoned for 15 days for each day of the violation.
Any nonprofit organization, such as churches, firehouses or
clubs, shall be exempted from the provisions of this chapter, except
that they shall be inspected and licensed at no charge, provided that
they meet the standards set forth in this chapter.