Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings herein indicated:
ADULTERATED
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.
COMMISSARY
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.
DRINK
Any liquid substance, except a drug, used or intended to be used
for human consumption.
FOOD
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.
MISBRANDING
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.
NUISANCE
A public nuisance affecting health.
OPERATOR
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.
OWNER
The owner or owners of any building or structure, whether individual,
firm, corporation, association or partnership.
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.
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.
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.
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.
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.
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.