[Adopted 7-12-1971 as Ch. 47, Art. II, of the 1971 Code]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meaning herein indicated.
ADULTERATED
The condition of a food:
A. 
If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.
B. 
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.
C. 
If it consists in whole or in part of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption.
D. 
If it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated (with filth) or whereby it may have been rendered injurious to health.
E. 
If it is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter.
F. 
If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
BOARD or BOARD OF HEALTH
The Board of Health of the Township of Marple.
CUSTARD MIX and CUSTARD-FILLED
Any product consisting principally of flour, sugar, eggs and milk, with or without cornstarch, heated, cooled and applied to pastry without subsequent beating and to filled pastry such as cream puffs or eclairs which may be heated subsequent to filling.
DRINK
Any liquid substance, except a drug, used or intended to be used for human consumption.
EMPLOYEE
Any person who handles food or drink during preparation or serving or who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served.
FOOD
Any substance, except a drug, used or intended to be used for human consumption.
FOOD ESTABLISHMENT
Any place where food or drink intended for human consumption is kept, stored, manufactured, prepared, dressed, handled, sold or offered for sale with or without charge, either at wholesale or retail and not consumed on the premises; provided, however, that the term "food establishment" shall not include a "public eating and drinking place."
FOOD HANDLER
Any person who handles food or drink during storage, manufacture, preparation, handling, sale or serving, in such a manner that some portion of the clothing or body of such person may come in contact with such food or drink or with utensils used in connection therewith.
HEALTH OFFICER
The Health Officer of the Township of Marple or his authorized representative.
NUISANCE
A public nuisance affecting health.
OFFERED FOR SALE
Any food or drink kept or displayed in any store, place, dispenser or vehicle in the manner in which food or drink is ordinarily kept or displayed.
OWNER
The owner or owners of any building or structure, whether individual, firm, corporation, association or partnership.
PERISHABLE FOOD
Any food of such type or in such condition as may spoil.
PERSON
Any individual, firm, corporation, association or partnership, and includes the plural as well as the singular and the female as well as the male.
POTENTIALLY HAZARDOUS FOOD OR DRINK
Any perishable food or drink 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.
PUBLIC EATING AND DRINKING PLACE
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain or any other place where food or drinks are served, sold or prepared and sold or given away, to be consumed on the premises, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
SHELLFISH
Includes oysters, clams, scallops or mussels, fresh or frozen, any shrimp, crab or lobster, fresh, frozen or cooked and any other mollusks, fresh or frozen, intended for human consumption.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
No person shall operate or maintain any food establishment otherwise than in a clean and sanitary condition and so as to conform at all times to the requirements of this article. The person in charge of and every food handler employed in any food establishment shall observe and comply with the provisions of this article and of all rules and regulations relating to the operation or maintenance of such food establishments hereafter adopted.
A. 
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof or install equipment which is being used or is proposed for use in a food establishment without first submitting plans thereof in duplicate.
B. 
Such plans shall be accompanied by data completely describing the food establishment or the addition or alteration proposed. If approved, one set of plans bearing such approval in writing shall be returned to the applicant. If not approved, the manner in which such plans do not meet the requirements of this article shall be marked on both sets of plans and one set of plans will be returned to the applicant.
C. 
The Health Officer shall be guided by the provisions of this article affecting such construction, the proposed methods of receiving and distributing perishable food or drink and any applicable laws relating to the handling or processing of food or drink.
A. 
No person, firm or corporation shall operate a food establishment in the township without first obtaining an annual permit from the Board of Health of Marple Township and paying a fee as set from time to time by resolution of the Board of Commissioners. Each food establishment operator shall also pay an annual inspection fee based upon the floor area of the food establishment.
[Amended 6-9-1980 by Ord. No. 80-10; 9-11-1989 by Ord. No. 89-23; 3-14-1994 by Ord. No. 94-8]
B. 
An application for a permit to operate a food establishment shall be on forms provided by the Board of Health, which shall set forth the name, residence, business address and telephone number of the applicant, the name of the persons operating the establishment, the square-foot floor area and any additional information which this Board may require to enable it to determine whether the provisions of this article are being complied with. The annual inspection fee shall be paid at the time of application for a permit or any renewal thereof.
C. 
All permits shall be issued for a period of one year commencing July 1 of each year, provided that any food establishment commencing operations after July 1 of any given year shall be issued a permit expiring June 30 of the following year. The annual inspection fee shall be paid regardless of the term of the initial permit. Such permit shall be conspicuously displayed at all times in the food establishment approved and shall not be transferable. Application for renewal of a permit shall be made at least 10 days before the expiration of the existing permit.
D. 
Where a food establishment consists of two or more independent concessions or businesses housed in a common building or structure, each such concession or business shall be regarded as a separate food establishment subject to the regulations and licensing of this article, provided that separate auxiliary areas such as toilets and lavatories need not be provided by the individual concession operator if such facilities are provided and adequately maintained by the owner or operator of the structure housing the concessions.
E. 
When an establishment offers food or drink for both off-premises consumption (food establishment) and for on-premises consumption (public eating and drinking place) in contiguous areas of a common structure and both areas are under a single ownership or management, a single permit and fee issued for a public eating place under Marple Township Ordinance No. 61-5 shall cover both types of operation and both areas shall be subject to the requirements of Marple Township Ordinance No. 61-5. Where the two areas of operation are not contiguous even though housed in a common structure or where common ownership does not exist, then each area shall be considered separate and the food establishment area (off-premises consumption) shall be separately subject to the requirements and fees of this article. Where the combined floor area of the contiguous eating place and food establishment exceeds 5,000 square feet, a single annual fee as set from time to time by resolution of the Board of Commissioners shall be paid under Marple Township Ordinance No. 61-5.
A. 
Enclosures. Every such food establishment shall be so constructed and maintained as to provide adequate enclosure and protection of the food or drink and the food- or drink-handling operations contained therein.
B. 
Floors. The floor of any room or place where food or drink is stored shall be of such construction as to be easily cleaned, shall be smooth and kept clean and in repair. The floors of any room where food is prepared or in which utensils are cleansed shall be constructed of a material impervious to water or grease and shall be provided with a sanitary base and with adequate and sufficient drains to permit cleaning.
C. 
Walls and ceilings. The walls and ceiling of any room or place where food or drink is prepared or handled shall have a smooth washable surface and shall be kept clean and in good repair. Such walls and ceiling shall be painted or finished in a light color and refinished as often as necessary. Walls and ceilings in any room or place where food or drink is stored shall be kept clean and in good repair.
D. 
Doors and windows. All openings to the outside shall be effectively screened or otherwise protected during periods when flies are prevalent. Doors shall open outward and be self-closing. All effective means shall be provided to prevent the entrance of flies and other insects through such openings. Doors and windows shall be kept clean inside and outside. The presence of flies or flying insects within the structure shall be presumptive evidence of failure to comply with this section.
E. 
Lighting. Lighting in any room or place in which food or drink is stored, prepared or handled or in which utensils are washed shall be adequate for all working purposes and to facilitate effective and thorough cleaning.
F. 
Ventilation. Adequate ventilation shall be provided in any room where food or drink is stored, prepared or handled or in which utensils are washed, so that such rooms are reasonably free of disagreeable odors and condensation, undue heat or cold, toxic substances, smoke, vapor, dust or other substance affecting or likely to affect the food or drink or causing or likely to cause an atmospheric condition dangerous to the health of employees or contributing to an unsanitary practice or condition.
G. 
Toilets and lavatory facilities.
(1) 
Adequate lavatory facilities, including toilets, hand-washing facilities, hot and cold running water, powdered or liquid soap in appropriate dispensers, sanitary towels and toilet paper, shall be provided for use at all times when such food establishment is in operation.
(2) 
Toilet and lavatory facilities shall be provided within the confines of the structure housing the food establishment. Toilet and lavatory facilities in an adjacent or nearby building shall not be acceptable.
H. 
Separate hand-washing facilities required. In any food establishment where frequent hand-washing is necessary to prevent contamination of food during processing, manufacture or preparation, separate hand-washing facilities, including an adequate supply of powdered or liquid soap and sanitary towels, shall be provided in the workroom and conveniently near each such process work space.
I. 
Common drinking cup prohibited. Drinking cups for common use shall not be permitted in any food establishment.
A. 
Health of employees. No person suffering from a communicable disease transmissible through food or drink or who is known to be a carrier of the organisms causing such disease and no person suffering from a local infection transmissible through food, shall be employed in any food establishment at which food or drink is prepared or dispensed. The provisions of Marple Township Ordinance No. 61-6 (Food Handlers) shall apply to persons employed in food establishments.
B. 
Personal cleanliness. Every food handler shall wear clean garments, shall maintain personal cleanliness, shall keep hands and fingernails clean at all times while engaged in handling food, drink, utensils or equipment. Soiled clothing, linen, aprons or articles of clothing worn during the preparation or handling of food shall be stored in containers provided for this purpose.
C. 
Locker spaces. Wearing apparel shall be stored in suitable and adequate lockers and shall not be placed in toilet rooms, vestibules or in proximity to exposed food or drink.
A. 
General. No food or drink shall be kept, sold, offered for sale, manufactured, cooked, processed, prepared, displayed, dispensed or transported unless it is protected at all times from dust, dirt, flies, vermin, handling, droplet infection, overhead leakage or other contamination. Food or drink shall be subjected to or maintained at temperatures, while being kept, displayed, transported or offered for sale, as shall prevent undue or abnormal deterioration, decomposition or spoilage. Food displayed or exposed for retail sale shall be at least 24 inches above the floor unless it is completely enclosed by coverings or containers.
B. 
Deliveries. All deliveries of perishable foods to food establishments shall be made inside the store unless food is stored in containers approved by this Board.
C. 
Animals prohibited. No live animal or fowl shall be permitted or kept in any room where food or drink is stored, prepared or handled.
A. 
Sanitary equipment. The equipment, utensils and facilities in which food or drink shall be kept, manufactured, cooked, processed, prepared, displayed or handled shall be of sanitary construction and capable of being disassembled for cleaning and kept in repair and maintained in a clean and sanitary condition.
B. 
Sinks. In all new establishments or in establishments where alterations are made, where multiuse utensils are used, no less than a three-compartment sink shall be provided and equipped with running hot and cold water. Each compartment of the sink shall be of a size not less than 16 inches square by 14 inches deep. All sinks shall be equivalent to or in excess of the specifications in the National Sanitation Foundation Standards.
C. 
Service sinks. In all new establishments or in establishments where alterations are made, a service sink of a size not less than 20 inches wide, 24 inches long and 12 1/2 inches deep shall be provided for the cleaning of janitorial supplies.
D. 
Cleansing process. In all food establishments adequate cleansing of utensils is required. A supply of running hot and cold water under pressure of not less than 15 pounds per square inch, a suitable cleanser and adequate facilities for the cleansing, disinfecting and storage of utensils shall be provided.
A. 
Sales area. Food in the sales area shall be stored or displayed off the floor and in a manner approved by the Health Officer.
B. 
Height from floor. Provisions shall be made in storage or preparation rooms to keep all food and supplies elevated at least eight inches from the floor.
C. 
Waste containers. Trash and rubbish awaiting removal from a food establishment shall at all times when held outside the building of the food establishment be stored in covered containers. The covers of such containers shall at all times be closed except during the introduction or emptying for disposal of trash and rubbish. Corrugated cartons, crates, clean paper or similar large items may be securely tied or otherwise secured in bundles, which will prevent the contents of the bundle from being blown about by wind or scattered by animals. Garbage or other decomposable wastes shall be stored in metal, covered, watertight containers so constructed and stored as to prevent insect or rodent infestation or animal access. Garbage or other decomposable waste containers shall at all times be covered except during the introduction or emptying for disposal of decomposable waste. Containers for refuse shall be in good repair and cleaned periodically and shall be of sufficient size or number as to hold, without overflow and under cover, all of the refuse accumulated between collections for disposal. Refuse shall be removed from the premises of a food establishment at sufficiently frequent intervals so as not to create a nuisance. Where an establishment maintains a refuse storage room, racks shall be provided to elevate garbage containers at least 12 inches from the floor. The presence of any refuse on the ground in the area surrounding the refuse storage area shall be evidence of noncompliance with this section.
Running hot and cold water under pressure of not less than 15 pounds per square inch shall be easily accessible to all rooms in which food is prepared or utensils washed and shall be adequate and of a safe, sanitary quality. No person shall provide or make accessible a public water supply or bottled water for human consumption or domestic use unless the source, treatment and distribution of such water shall be so protected from pollution and so maintained as to deliver a water of safe, sanitary quality. Such delivered water shall not contain bacterial, chemical or other contamination in such quantity as may be injurious to health or as may indicate such water to be unsatisfactory for human consumption as determined by test in a laboratory approved for the purpose by the Board. Public water supplies shall conform with the United States Public Health Service Drinking Water Standards now in effect or hereafter adopted.
A. 
Adequate. Adequate refrigeration shall be provided at all times for all perishable and potentially hazardous food or drink. Refrigerators shall be maintained in good repair and in a clean and sanitary condition.
B. 
List of required temperatures. The following temperatures shall be maintained at all times:
(1) 
Frozen food: 0° F. or below.
(2) 
Meat and meat products, cooked food of animal origin, milk and milk products and other perishable foods: 40° F. or below.
(3) 
Seafood and fresh poultry: 40° F. or below.
C. 
Thermometers. Indicating thermometers shall be provided in all refrigerators and refrigerated cases and shall be so located to indicate an accurate temperature reading in the upper 1/4 part of the refrigerated storage section.
No food or drink which is impure, decomposed or dangerous to the public health or which has been so treated as to conceal inferiority or which, in its manufacture, cooking, processing, preparation, handling or storage, does not conform to the requirements of this article, shall be kept, sold or offered for sale for human consumption. All unlabeled can goods and cans showing rust, leakage or evidence of internal pressure shall not be offered for sale or given away.
A. 
Substances. No substance containing any cyanide, fluoride, lindane or other poison shall he kept or used as an insecticide or exterminator in any place where food or drink is exposed, during the sale, preparation, holding or handling or in such manner as to contaminate such food or drink.
B. 
Polishes, etc. No polish, article or substance containing cyanide or other poison shall be used for the cleansing or disinfecting of any utensils or containers used in preparing or handling any food or drink.
A. 
Approved sources. No meat products shall be offered for sale, displayed, sold or kept in any food establishment unless such products shall have first been inspected and approved by either an authorized agent of the Bureau of Animal Industry, United States Department of Agriculture or of the Bureau of Animal Industry, Pennsylvania Department of Agriculture. This Board may, in its discretion, permit the sale of meat or meat products which have been inspected and approved by a duly authorized agent who is a qualified and licensed veterinarian appointed under an ordinance of a municipality of this commonwealth, provided that the procedure followed in conducting inspections, including the facilities for making the same, the requirements with respect to the sanitation of the establishment and the marking, branding or identifying of meat or meat products, shall conform with the regulations of the United States Department of Agriculture or the Pennsylvania Department of Agriculture.
B. 
Markings. All meat or meat products offered for sale, displayed, sold or stored in any food establishments shall be marked in a clear and legible manner with the official meat inspection legend, as provided in § 147-21A of this article.
C. 
Inspections. Any slaughtering, meat canning, curing, smoking, salting, packing, rendering or other similar establishment where meat or meat products are prepared for sale in the township, regardless of whether such establishment is located within the township, shall be subject to inspection by this Board.
A. 
Approved sources. No person shall process any shellfish unless such shellfish has been obtained from shippers certified by a regulatory authority in the United States or Canada and has been approved by the Secretary of Health of the Commonwealth of Pennsylvania.
B. 
Possession. No person shall have in his possession, offer for sale or sell any shellfish without possessing a valid permit from the Pennsylvania Department of Health. A permit under this section shall not be required by any establishment that serves shellfish to be eaten on the premises or by any retail establishment that sells original containers of shucked shellfish or shell stock from approved sources to ultimate consumers. No person shall be issued a permit until he complies with these regulations. The initial application for a permit must be validated by the Pennsylvania Department of Health. This Board will assume responsibility for subsequent inspection, regulation, enforcement and removal of permits or their suspension, revocation or cancellation as appropriate.
C. 
The permit requirement shall not apply to any wholesale dealer or warehouse distributor who does not break down any quantity of shell stock or break a unit container of shucked stock for repacking.
D. 
Records and identification. All permit holders shall keep for 60 days an accurate record of the source and quantity of all lots of shellfish received and the names and addresses of persons to whom shellfish was sold. Shell stock received or distributed by a wholesale dealer shall bear the regulation shellfish tag. The fraudulent use of tags or fraudulent or misleading information on the tags shall be considered in violation of these regulations. When a unit package of shell stock is broken down into smaller lots, each lot shall have attached thereto a split lot tag of a type approved by this Board. Said records shall be subject to inspection by the Health Officer. Each individual package of fresh or frozen shucked shellfish shall have permanently recorded on the package or label, so as to be easily visible, the packer, repacker or distributor's name or address and the packer or repacker's number preceded by the initials PA if packed or repacked in Pennsylvania or the permit number preceded by the abbreviation name of state or Canadian provinces where packed or repacked. Containers holding one gallon or more shall have the identification on the container wall, unless the cover becomes an integral part of the container during the sealing process. Packages of frozen shellfish shall show the date or code of packing.
E. 
Handling and storage. Shellfish shall be so handled and stored as to maintain them in a clean, wholesome condition.
F. 
Establishments. All establishments in which shellfish are shucked, washed, packed, repacked, stored or otherwise handled shall conform with all of the provisions of this article.
G. 
Shucking rooms. All rooms in which shucked oysters are washed, packed, repacked, stored or otherwise handled shall be separate and apart from the rooms in which oysters are shucked.
H. 
Water supply. Such establishments shall be provided with an ample and convenient supply of pure cold water for washing the shucked stock and flushing purposes and hot water for cleansing receptacles and utensils.
I. 
Receptacles. All receptacles in which shucked stock is placed and other utensils which come into contact with the shucked stock, shall be noncorroding material with smooth surfaces and of such shape as will facilitate thorough cleansing. They shall be cleansed before use.
J. 
Washing. Shucked stock shall be thoroughly washed in pure cold water and subsequent to such washing shall not be handled except with clean utensils.
K. 
Refrigeration. Proper refrigeration shall be provided in all places where shucked stock is kept and during shipment. The cooling of shellfish to a temperature of 40° F. or less shall be effected within two hours after the shellfish is shucked. No ice or other foreign substance shall be allowed in contact with the shucked stock.
A. 
Restriction of sale. No custard-filled and whipped-cream pastry shall be kept, offered for sale, sold or given away except on the day of manufacture thereof. The day of manufacture shall be the day on which manufacture is completed, but may include not more than two hours preceding 12:00 midnight of the previous day.
B. 
Manufacture. The entire custard mix to be used in the manufacture of custard-filled pastry shall be brought to and held at a temperature of not less than 200° F. continuously for not less than 10 minutes and, within one hour thereafter, placed in a refrigerating temperature of not over 40° F. and kept at or below such temperature until applied to the pastry.
C. 
Holding temperatures. No custard-filled or whipped-cream pastry shall be kept, displayed, offered for sale, given away or transported unless, immediately after manufacture, it is cooled to and maintained at all times at a temperature of 40° F. or lower, in clean containers filled to a depth of not more than three inches.
D. 
Packaging and labeling. No custard-filled pastry shall be sold either wholesale or retail or transported for retail delivery or given away unless it is wrapped or packaged so as to protect the contents from contamination. Such wrapper or package shall bear prominently on the outside thereof in legible letters the name of the manufacturing baker, the day of manufacture and the following statement: "REFRIGERATE AND CONSUME TODAY."
E. 
Condemnation. Custard-filled or whipped-cream pastry manufactured, kept, displayed or served in violation of the provisions of § 147-23 of this article is hereby declared to be dangerous to the public health and as such, subject to condemnation by an authorized representative of the Board of Health.
F. 
Transportation of bakery products. No person shall transport or deliver bakery products unless such products are fully enclosed in a clean and sanitary container. Multiple-use containers shall be of a design and construction as to facilitate cleaning and shall be kept clean and sanitary. The reuse of cardboard or paper containers or liners is prohibited.
A. 
Samples. Samples of food, drink, ingredients, containers or any substance used in connection with the preparation of food or drink may be taken by a duly authorized representative of the Board for examination, as often as may be deemed necessary for the detection of an impure or insanitary condition. Any food, drink or any substance used in connection with the preparation of food or drink sold, offered for sale or given away may be condemned, removed or destroyed by or under the direction of a duly authorized representative of this Board if, in the judgment of the representative, such food, drink or substance is adulterated, decomposed, impure, unfit for human consumption or dangerous to the public health. Any food, drink or other substance may be stopped from sale or use and placed under an embargo by the representative of this Board for as reasonable a period of time as may be required to make investigations or examination, if such may be necessary to determine that the food, drink or other substance is adulterated, decomposed, impure, unfit for human consumption or dangerous to the public health. No food, drink or other substance shall be used, removed, destroyed or otherwise disposed of while under embargo except by or under the direction of a representative of this Board.
B. 
Appeal. The owner of products placed under embargo by virtue of any power granted under this article shall have the right to appeal to the Board of Health. The Board of Health shall afford a hearing and shall give due notice of the time and place of the hearing to the owner of such goods. As a result of the hearing, the Board of Health shall have the right to stay or set aside the order and the decision of the Board shall be final and conclusive.
Any permit issued under the provisions of this article may be suspended or revoked for violation by the holder thereof of any of the provisions of this article. Such revocation or suspension shall be in addition to any of the penalties hereinafter provided. No permit shall, however, be revoked or suspended without the holder of the permit being given a hearing before the Board of Health. The decision of the Board shall be final and conclusive.
Any person who violates any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $600, plus costs of prosecution and in default of payment of such fine and costs by imprisonment for not more than 30 days. Whenever such person shall have been officially notified by the Health Officer or by the service of a summons in a prosecution or in any other official manner that he is committing a violation of this article, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).