[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 7-2-1971 as Ch. 49 of the 1971 Code. Amendments noted where applicable.]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
- The condition of a food:
- A. If it bears or contains any poisonous or deleterious substance which may be 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 prepared, packed or stored under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health.
- E. If the container is composed in whole or in part of a 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.
- The catering establishment, restaurant or any other place in which food, beverage, ingredients, containers or supplies are kept, handled, prepared or stored and directly from which vending machines or vending vehicles are serviced.
- Any liquid substance, except a drug, used or intended to be used for human consumption.
- Any substance, except a drug, used or intended to be used for human consumption.
- FOOD-CONTACT SURFACE
- Those surfaces of equipment and utensils with which food normally comes in contact and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
- 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.
- FOOD VENDOR
- Any person who transports, distributes or sells to the public foods, prepared foods or drinks or any readily perishable food of a kind deemed by the Board to be capable of causing human, food-borne illness from any vending machine or vending vehicle.
- HEALTH OFFICER
- The Health Officer of the Township of Marple or his authorized representative.
- MACHINE LOCATION
- The room, enclosure, space or area where one or more vending machines are installed and operated.
- The use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading, or which violates any applicable local, state or federal labeling requirements.
- A public nuisance affecting health.
- Any person who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines or vending vehicles.
- The owner or owners of any building or structure, whether individual, firm, corporation, association or partnership.
- Any individual, firm, corporation, association or partnership, and includes the plural as well as the singular and the female as well as the male.
- READILY PERISHABLE FOODS
- Any food, drink or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. Products in hermetically sealed containers processed to prevent spoilage, and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms, are excluded from the terms of this definition.
- SINGLE-SERVICE ARTICLE
- Cups, containers, lids or closures; plates, knives, forks, spoons, stirrers, paddles; straws, place mats, napkins, doilies, wrapping material; 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 manufacturers and generally recognized by the public as for one usage only, then to be discarded.
- VENDING MACHINE
- Any self-service device which, upon insertion of a coin, coins or
token or by other means, dispenses unit servings of food or drink, either
in bulk or in package, without the necessity of replenishing the device between
each vending operation; provided, however, that this definition shall not
be interpreted to include bottled or canned soft drinks and ball-gum machines.[Amended 3-8-1982 by Ord. No. 82-3]
- VENDING VEHICLE
- Any truck, trailer, cart, bicycle or any other type of vehicle, whether or not motor propelled, from which food or drink is transported, distributed or sold to the public.
No person shall sell or distribute to the public prepared or perishable food from any type of vending machine or vending vehicle without obtaining a permit from the Board of Health. A permit will not be issued to any person until the Health Officer has inspected and approved the establishment from which prepared perishable foods are to be obtained. Written permission for the Board to inspect or reinspect such establishment shall be secured by the applicant. Any such establishment shall be equipped and operated in compliance with the provisions of Marple Township Ordinance No. 61-5 (Public Eating Places) and any rules, regulations or requirements of the Board now in effect or hereafter adopted. The operator's permit shall at all times be kept posted prominently in or at each machine location or in each vending vehicle.
Applications for permits shall be on forms provided by this Board, which shall set forth the name, residence and business address of the applicant, the names of the persons operating the establishment or establishments from which the prepared or perishable food will be obtained and the manufacturer and model number of each vending machine or the name, model, year and license number of each vending vehicle. Every food vendor shall, upon demand, furnish to the Board such additional information as it may require to enable it to determine whether the provisions of this chapter are being complied with. Failure to furnish this information promptly or failure to secure written permission to inspect or reinspect sources of locally prepared perishable food supplies shall result in the refusal to issue or the revocation of the food vendor's permit.
Each applicant, at the time of applying for a permit to operate vending machines or vending vehicles in the township, shall pay an annual inspection fee as set from time to time by resolution of the Board of Commissioners for the first four vending machines; as set from time to time by resolution of the Board of Commissioners for each additional machine in excess of four; as set from time to time by resolution of the Board of Commissioners for one vending vehicle; and as set from time to time by resolution of the Board of Commissioners for each additional vehicle.
[Amended 6-9-1980 by Ord. No. 80-10; 3-8-1982 by Ord. No. 82-3; 9-11-1989 by Ord. No. 89-23; 3-14-1994 by Ord. No. 94-8]
All permits shall be issued for a period of one year commencing April 1 of each year, provided that any applicant requesting a permit after April 1 of any given year shall be issued a permit expiring March 31 of the following year. The annual inspection fee shall be paid regardless of the term of the initial permit. Permits shall not be transferable except as set forth in this chapter. Application for renewal of a permit shall be made at least 10 days before the expiration of an existing permit.
The Health Officer shall be permitted at any time to enter upon any private or public property in the township where vending machines are operating, to inspect the servicing, maintenance and operation of such machines for the purpose of determining compliance with the provisions of this chapter. The operator of vending machines shall make provision for the Health Officer to have access to the interior of all vending machines operated by him.
The Health Officer shall be permitted at any time to inspect any vending vehicle operating in the township for the purpose of determining compliance with the provisions of this chapter.
This chapter shall not apply to the transportation and wholesale delivery of food or produce to retail food stores for the purpose of resale; the transportation and delivery of food to public eating and drinking places duly licensed under Ordinance No. 61-5 (Public Eating Places); the transportation and delivery of wrapped or packaged bread and bakery products, meat and meat products and milk or milk products. Nothing contained in this chapter shall relieve any person engaged in the manufacture, distribution and sale of milk or milk products from complying with any ordinance covering such products which has been or may be enacted by Marple Township.
Where a food vendor operating a duly licensed food vending vehicle or machine in this township if forced to withdraw such vehicle or machine from service for purpose of repair, adjustment, etc., he may substitute another vehicle for the licensed vehicle, provided that the period of substitution does not exceed one week; the substitute vehicle or machine meets the requirements of this chapter; and he notifies the Health Officer of such substitution before the substitution is made. In cases where these provisions have been met, a license fee for the substitute vehicle or machine shall not be required.
Food, beverages and ingredients. Foods, beverages and ingredients intended for sale through vending machines shall be obtained from sources complying with the provisions of this chapter and with other applicable state and federal laws and regulations. Such products shall be clean and wholesome, free from spoilage, and shall be processed, prepared, handled and stored in such a manner as to be protected against contamination and adulteration. All product-contact surfaces of containers and equipment shall be protected from contamination.
Storage, packaging, handling. All foods, beverages and ingredients shall be stored or packaged in clean protective containers and shall be handled, transported and vended in a sanitary manner. The storage of cartoned, bottled, canned or packaged foods in liquid is prohibited.
Readily perishable foods. Readily perishable foods offered for sale through vending machines shall be dispensed to the consumer in the individual original container or wrapper into which it was placed at the commissary or at the manufacturer's or processor's plant, or such products shall be dispensed into single-service containers.
Temperatures. Readily perishable foods within the vending machine shall be maintained at a temperature not higher than 45° F. (in the case of foods that must be kept cold), or a temperature not lower than 140° F. (in the case of foods that must be kept hot), provided that readily perishable foods heated in vending machines shall be continuously heated through the forty-five-degree-Fahrenheit to one-hundred-forty-degree-Fahrenheit temperature zone as rapidly as practicable to protect public health. Vending machines dispensing readily perishable foods shall be provided with adequate refrigeration or heating units and thermostatic controls which insure the maintenance of these food temperatures at all times. Such vending machines shall also have controls which prevent the machine from vending the readily perishable food until serviced by the operator, in the event of power failure or other condition which permits the food to attain a temperature above 45° F. or below 140° F., whichever is applicable, provided that exceptions may be made for the actual time required to fill or otherwise service the machine and for a maximum recovery period of 60 minutes following completion of filling or servicing operations, and the actual time required to continuously heat foods through the forty-five-degree-Fahrenheit to one-hundred-forty-degree- Fahrenheit temperature zone, which actual time shall be as rapid as practicable to protect public health. In the event of power failure during the transition from 45° F. to 140° F., the machine shall be made incapable of vending readily perishable food until serviced by the operator.
Milk and fluid milk products. Milk and fluid milk products offered for sale through vending machines shall conform to the provisions of this chapter and shall be dispensed only in individual original containers or from bulk containers approved by this Board into which such product was placed at the milk plant, provided that in the case of vending machines that use fluid milk products as an ingredient in (hot) liquid foods or beverages dispensed at or above 150° F., such milk product may be transferred at the machine location from the individual original container of not more than one-half-gallon capacity to a vending machine bulk container which is clean and has been subjected to an approved bactericidal process in accordance with § 153-5G of this chapter, provided that in such transfer the entire contents of the individual original container are used.
Bulk milk. All bulk-milk vending machines shall be of sanitary type 18-8 stainless steel construction and approved by the Board of Health. Only approved single-service containers fabricated of a material acceptable to the Board of Health shall be used. Such containers shall be filled only at the milk plant and shall be sealed with two seals in such manner as to make it impossible to withdraw any part of its contents without breaking one seal and impractical to introduce any substance without breaking the other seal. The delivery tube and any milk contact parts of the dispensing service shall be attached at the milk plant and shall be protected by a moisture-tight closure which shall not be removed until after the container is placed in the refrigerated compartment of the dispenser.
Multiuse containers. All multiuse containers or parts of vending machines which come into direct contact with readily perishable foods, beverages or ingredients shall be removed from the machine daily and shall be thoroughly cleaned and effectively subjected to an approved bactericidal process at the commissary or other approved facility, provided that the requirement for daily cleaning and bactericidal treatments may be waived for those contact surfaces which are maintained at all times at a temperature of not higher than 45° F. or at a temperature of not lower than 140° F., whichever is applicable. Such parts shall, after cleaning and bactericidal treatment, be protected from contamination.
Parts of vending machines. All parts of vending machines which come into direct contact with other than readily perishable foods shall be thoroughly cleaned and subjected to bactericidal treatment by methods approved by this Board.
Single-service containers. All single-service containers which receive food or beverage from machines dispensing such products in bulk shall be purchased in sanitary cartons or packages which protect the containers from contamination, shall be stored in a clean, dry place until used, and shall be handled in a sanitary manner. Such containers shall be stored in the original carton or package in which they were placed at the point of manufacture until introduced into the container magazine or dispenser of the vending machine. The vending machine magazine or dispenser shall protect the food-contact surface of single-service articles from manual contact, dust, insects, rodents and other contamination.
Each vending machine shall be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage from waste or sewer piping. Each vending machine shall be so located that the space around and under the machine can be readily cleaned and so that insect and rodent harborage is not created. The floor area upon which vending machines are located shall be reasonably smooth, of cleanable construction, and be capable of withstanding repeated washing and scrubbing. This space and the immediate surrounding of each vending machine shall be maintained in a clean condition.
Vending machines. All vending machines used for the dispensing of food and beverages shall be of a design and construction equivalent to or in excess of the standards approved by the National Automatic Merchandising Association or the National Sanitation Foundation.
Service connections. All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or sealed to prevent the entrance of insects and rodents.
Nonproduct-contact surfaces. The nonproduct-contact surfaces of the interior of vending machines shall be so designed and constructed as to permit easy cleaning and to facilitate maintenance operations.
Product-contact surfaces. All product-contact surfaces of vending machines shall be smooth, in good repair and free of breaks, corrosion, open seams, cracks and chipped places. The design of such surfaces shall be such as to preclude routine contact between food and V-type threaded surfaces. All joints and welds in product-contact surfaces shall be smooth, and all internal angles and corners of such surfaces shall be rounded to facilitate cleaning.
Product- or ingredient-contact surfaces. All product- or ingredient-contact surfaces of vending machines, including containers, pipes, valves and fittings, shall be constructed of nontoxic, corrosion-resistant and relatively nonabsorbent materials and shall be kept clean. All containers, valves, fittings, chutes and faucets which are in contact with food shall be easily and readily removable and so fabricated as to be easily disassembled, and when disassembled all surfaces shall be visible for inspection and cleaning. In machines of such design that food-contact surfaces are not readily removable because of their function, in-place cleaning of such surfaces may be permitted, provided that:
They are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed system;
Such solutions will contact all interior surfaces;
The system is self-draining or otherwise completely evacuated; and
The cleaning procedures result in thorough cleaning of the equipment.
Openings. The openings into all nonpressurized containers used for the storage of vendible foods and ingredients, including water, shall be provided with covers which prevent contamination from reaching the interior of the containers. Such covers shall be designed to provide a flange which overlaps the opening, and shall be sloped to provide drainage from the cover where the collection of condensation, moisture or splash is possible. Concave covers or cover areas are prohibited. Any port opening through the cover shall be flanged upward at least 3/16 inch and shall be provided with a cover which overlaps the flange. Condensation or drip-deflecting aprons shall be provided on all piping, thermometers, equipment, rotary shafts and other functional parts extending into the container, unless a watertight joint is provided. Such aprons shall be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, shall be of a material which is nontoxic, relatively stable and relatively nonabsorbent, and shall have a smooth surface. All gasket-retaining grooves shall be readily cleanable.
Delivery. The delivery tube or chute and orifice of all bulk-food and bulk-beverage vending machines shall be protected from normal manual contact, dust, insects, rodents and other contamination. The design shall be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines shall be provided with a tight-fitting, self-closing door or cover which is kept closed except when the machine is in the process of delivering food or beverage, provided that the delivery tube, chute or orifice of machines vending only dry, nonreadily perishable bulk foods may be designed to permit the degree of customer access to food-contact surfaces which is necessary for self-service.
Storage. The product-storage compartment within vending machines dispensing packaged liquid products shall be so constructed as to be self-draining or shall be provided with a drain outlet which permits complete draining of the compartment. All such drains shall be easily cleanable.
Opening devices. Opening devices which come into contact with the product or the product-contact surface of the containers shall be constructed of smooth, nontoxic, corrosion-resistant and relatively nonabsorbent materials. Unless the opening device is of a single-service type, it shall be readily removable for cleaning and shall be kept clean. Parts of multiuse opening devices which come into contact with the product or product-contact surface of containers shall be reasonably protected from manual contact, dust, insects, rodents and other contamination, and such parts shall be readily removable for cleaning and shall be kept clean.
Machines in use. Vending machines in use or possession of an operator in the township at the time of the adoption of this chapter may continue in use without meeting all design and construction requirements until January 1, 1967, provided that such continued operation does not, in the opinion of the Health Officer, present a health hazard or serious unsanitary condition.
All water used in vending machines shall be of a safe and sanitary quality and shall conform with the United States Public Health Service Drinking Water Standards now in effect or hereafter adopted.
Plumbing connections. All plumbing connections and fittings shall be installed in accordance with the provisions of the Plumbing Code of Marple Township.
Carbonated water supply. Where the carbonated water supply of a vending machine is connected to a water supply system, the machine shall be equipped with two check valves or a double check valve, or an air gap, or a siphon breaker, or a devices to vent carbon dioxide to the atmosphere, or other device approved by the Plumbing Inspector which will provide positive protection against the entrance of carbon dioxide or carbonated water into the water supply system.
Check valves. Where check valves are used for the protection of the water supply system, a screen of not less than 100 mesh to the inch shall be installed in the water supply line immediately upstream from the check valves.
Vending machines. In all vending machines which dispense carbonated beverages and which are connected to a water supply system, the ingredient water-contact surfaces from the check valves or other protective device downstream, including the device itself, shall be of such material as to preclude the production of toxic substances which might result from interaction with carbon dioxide or carbonated water.
Vending machines. In any vending machine in which product ingredient water is pushed by carbon dioxide from pressurized portable containers into icemakers or other components, copper or other potentially toxic material shall not be used to store or pipe such water.
Approved facilities. Approved facilities for cleaning and sanitizing shall be available at each vending machine location or at a central location, provided that when a central location facility is used, reasonable precautions are taken to protect the product-contact parts from contamination during storage, transportation and installation.
Waste disposal. All trash and other waste material shall be removed from the machine location as frequently as may be necessary to prevent nuisance and unsightliness, and shall be disposed of in a manner approved by the Health Officer.
Waste containers. Self-closing, leakproof, readily cleanable, plainly labeled and designated waste container or containers shall be provided in the vicinity of each machine or machines to receive used cups, cartons, wrappers, straws, closures and other single-service items. Such waste containers shall not be located within the vending machine, provided that an exception may be made for those machines dispensing only packaged products with crown closures, in which case the closure receptacle may be located within the machine. Suitable racks or cases shall be provided for multiuse containers or bottles.
Containers. Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow or other internal wastes.
Automatic shutoff. An automatic shutoff device shall be provided which will place the vending machine out of operation before such container overflows, provided that vending machines which are not connected to a water supply line and whose icemaker condensate or melt water does not discharge into a waste container, and which are equipped with two or double-product valves per circuit, shall not be required to have such an automatic shutoff device. Containers or surfaces on which such wastes may accumulate shall be readily removable for cleaning, shall be easily cleanable and shall be corrosion-resistant. If liquid wastes from drip, spillage or overflow, which originate within the machine, are discharged into a sewerage system, the connection to the sewer shall be through an air gap.
Food, beverages, ingredients. Food, beverages or ingredients while in transmit to vending machine locations shall be protected from the elements, dirt, dust, insects, rodents and other contamination. Similar protection shall be provided for single-service containers and for the product-contact surfaces of equipment, containers and devices in transit to machine locations.
Readily perishable foods. Readily perishable foods or beverages while in transit to vending machine locations shall be maintained at a temperature of not more than 45° F. or of not less than 140° F.
Floors, walls, ceiling, shelves, compartments and container holders in food vending vehicles shall be of such construction as to be readily cleaned and shall be kept clean and in good repair. Food vending vehicles shall be equipped to provide light of not less than 10 footcandles at the face of any shelf, display or storage space at such time as food shall be dispensed therefrom.
All utensils and equipment shall be of an approved design and kept clean and stored and sanitized in a manner acceptable to this Board. Paper cups shall be dispensed from an approved type of dispenser, and only wrapped straws and single-service spoons shall be used.
Refrigerating equipment of approved design shall be provided on any food vending vehicle from which readily perishable foods are dispensed. Refrigerators shall be maintained in good repair and in a clean and sanitary condition.
Indicating thermometers shall be provided in all refrigerators and refrigerator cases and shall be located to indicate accurate temperature readings in the upper 1/4 part of the refrigerated storage section.
Cold beverages, sandwiches and other perishable foods shall be kept under dry refrigeration. The storage of cartoned, bottled, canned or packaged foods in liquid is prohibited.
There shall be no preparation of food on the vending vehicle. All foods shall be prepared and wrapped in a licensed establishment complying with all of the provisions of Ordinance No. 61-5 (Public Eating Places).
Food to be distributed by any food vendor shall be protected from insects and the elements. All food in the possession of a food vendor shall be packaged or wrapped and sealed in unbroken, individual containers and remain therein until received by the consumer. Beverages, exclusive of milk and milk products, shall be distributed in the original container or from an automatic vending machine of approved type designed to dispense the beverage in a single-service container from bulk. Water carried in a food vending vehicle shall be clean and cold and shall conform to the provisions of United States Public Health Service Drinking Water Standards now in effect or hereafter adopted.
All foods, beverages and ingredients offered for sale on vending vehicles shall be wholesome and free from spoilage, contamination and adulteration.
Milk and milk products offered for sale on vending vehicles shall conform to the provisions of any ordinances covering such products which have been or may be enacted by Marple Township, and shall be dispensed only in original containers into which the product was placed at the milk plant.
Garbage and trash shall at all times be kept in approved watertight containers with tight-fitting lids and disposed of at frequent intervals so as not to create a nuisance.
Persons. No person affected with any contagious or infectious disease or having open running sores of any kind shall prepare or handle food or perform work on a food vending machine or vehicle having food-product-contact surfaces. The provisions of Marple Township Ordinance No. 61-6 (Food Handlers) shall apply to all persons engaged in food vending. Employees shall be personally clean at all times and wear clean clothing while preparing or handling food or performing work on food vending machines or vehicles having food-product-contact surfaces.
Washing hands. Employees shall wash their hands immediately prior to engaging in any vending machine servicing operation which may bring them into contact with food, beverages or ingredients or with product-contact surfaces of utensils, containers or equipment.
Machine location. Each vending machine location where unpackaged food or ingredients are handled shall have available to it adequate handwashing facilities consisting of hot and cold running water, soap and single-service drying facilities.
Samples. Samples of food, drink, ingredients, containers or any substance used in connection with food vending machines or vehicles may be taken by a duly authorized representative of this Board for examination as often as may be deemed necessary for the detection of an impure or unsanitary condition. Any food, drink or any substance used in connection with the food vending machine or vehicle may be condemned, removed or destroyed by or under the direction of 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 any representative of the Board for as reasonable a period of time as may be required to make investigation 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 such embargo except by or under the direction of a representative of the Board.
Appeal. The owner of products placed under embargo by virtue of any power granted under this chapter shall have the right to appeal to this Board. This Board 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 shall have the right to stay or set aside the order, and the decision of the Board shall be final and conclusive.
This chapter shall be enforced by the Health Officer in accordance with the interpretations thereof contained in the 1943 or later Edition of the United States Public Health Service Code Regulating Eating and Drinking Establishments, a copy of which shall be on file at the township office.
Any permit issued under the provisions of this chapter may be suspended or revoked for violation by the holder thereof of any of the provisions of this chapter. 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 violating any of the provisions of this chapter 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 chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.