[Ord. 694-2005, 5/18/2005, § 301; as amended by
Ord. 716-2006, 7/5/2006]
There is hereby adopted by the Board of Commissioners of the
Township of East Pennsboro for the purpose of establishing rules and
regulations governing the retail sale, commercial and institutional
services, and vending of food; defining permit holder, person in charge,
employee, food, potentially hazardous food, food establishment, safe
material, sanitization and other terms; and providing standards for
employee food safety knowledge, health and practices; food sources,
preparation, holding temperatures and protection; equipment design,
construction, installation, construction and maintenance, and storage
and use of poisonous and toxic materials; requiring a permit to operate
a food establishment; and providing for restriction or exclusion of
employees; the examination and condemnation of food, and enforcement
and penalties, that certain food code known as the Food Code, 2005,
United States Public Health Service, Food and Drug Administration,
as published by the U.S. Department of Health and Human Services,
Public Health Service, Food and Drug Administration, and the Pennsylvania
Department of Agriculture Food Code in 7 Pa. Code, Chapter 46, and
that certain food code known as the Food Act, 31 P. S. §§ 20.1 – 20.18,
the Public Eating and Drinking Place Law, 35 P.S. §§ 655.1 – 655.13;
and § 1705(d) of the Administration Code of 1929, 71 P.S.
§ 455(d), unless otherwise noted, save and except such portions
as are hereafter deleted, modified or amended and the same are hereby
adopted and incorporated as fully as if set out in length, and from
the date on which this Part 1C shall take effect, the provisions thereof
shall be controlling in the regulating of design, construction, management
and operation of food establishments, inspection of food establishments
and providing for plan submissions and approval and the issuance of
permits and collection of fees therefore within the limits of the
Township of East Pennsboro.
[Ord. 694-2005, 5/18/2005, § 302]
As used in this Part, the following terms shall have the meanings
indicated:
Any place within the boundaries of East Pennsboro Township
where food, foodstuff or beverage is served or provided for human
consumption, with or without charge, including, among others, hotels,
restaurants, cafes, cafeterias, clubs, boardinghouses, ice cream parlors,
soda water or soft drink fountains and bars or taverns, churches,
parochial schools, private clubs, fire companies, convenience stores,
grocery stores, delicatessens, spas and catering businesses.
Any establishment within the boundaries of East Pennsboro
Township where food, food products and beverages are manufactured,
processed, packaged or bottled or sold for consumption off the premises
of the seller, including, among others, bakeries, beverage distributors,
bottlers, candy and confectionery manufacturers, dairies, frozen food
locker plants, wholesalers and retailer and operators of vending machine
services.
Any person, partnership, association or corporation conducting
or operating within the boundaries of East Pennsboro Township an eating
or drinking place or food or beverage manufacturing, processing or
merchandising establishment.
The Health Officer of the Township of East Pennsboro Township,
unless otherwise expressly provided herein.
[Ord. 694-2005, 5/18/2005, § 303]
All laws, orders, rules and regulations established by the federal
government and/or the Commonwealth of Pennsylvania in any food code,
sanitary code, food labeling code, beverage code or similar codes
shall be observed by all persons who own or operate a food establishment
in East Pennsboro Township.
[Ord. 694-2005, 5/18/2005, § 304]
Proprietors shall not operate or conduct an eating or drinking
place or a food or beverage manufacturing, processing or merchandising
establishment within the Township except in a clean and sanitary manner,
and all foods and beverages shall be clean, wholesome, and free from
spoilage, free from adulteration and safe for human consumption. The
Board of Commissioners is hereby empowered to promulgate rules and
regulations in furtherance of this provision.
[Ord. 694-2005, 5/18/2005, § 307]
In interpreting and applying the provisions of the Food Code,
the regulatory authority shall be held to the minimum requirements
for the promotion of the health, safety and general welfare. It is
not intended to annul other rules, regulations or ordinances; provided
that, where two or more codes or ordinances conflict, whichever code
or ordinance imposes the greatest restriction shall control.
