As used in this chapter, the following terms
shall have the meanings indicated:
FOOD OR BEVERAGE MANUFACTURING, PROCESSING AND MERCHANDISING
ESTABLISHMENTS
Any establishment, wholesale or retail, temporary or permanent,
within the Borough, where food, food products and beverages are manufactured,
processed, packaged or bottled, or sold for consumption off the premises
of the seller, including but not limited to, bakeries, beverage distributors,
bottlers, candy and confectionery manufacturers, dairies, frozen food
locker plants, purveyors of fresh fruits and vegetables, meats, poultry,
eggs, milk and other dairy products, and operators of vending machine
services.
[Added 3-7-1996 by Ord. No. 1247]
PROPRIETOR
Any person, partnership, association or corporation conducting
or operating within the Borough any drinking place or food or beverage
manufacturing, processing and merchandising establishment.
[Added 3-7-1996 by Ord. No. 1247]
PUBLIC EATING AND DRINKING PLACE
A restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
tavern, sandwich stand, soda fountain or private club; a hospital
kitchen, dining room or snack bar; an industrial kitchen, dining room,
cafeteria or snack bar; a school lunch room or cafeteria; or any other
place where food, drinks or refreshments are served, sold or prepared
and sold or given away, to be consumed on the premises. However, this
definition shall not be interpreted to include boardinghouses or private
homes.
[Amended 3-7-1996 by Ord. No. 1247]
Samples of food, drink, ingredients, containers
or any substance used in connection with the preparation of food or
drink may be taken by the Health Officer for examination as often
as may be deemed necessary for the detection of impure or unsanitary
conditions. Any food, drink or substance used in connection with the
preparation of food or drink sold, offered for sale or kept may be
condemned, removed or destroyed by or under the direction of the Health
Officer if, in the judgment of such Officer, such food, drink or substance
is decomposed, contaminated, impure, unfit for human consumption or
dangerous to the public health. Any such food, drink or other substance
may be stopped from sale or use and placed under an embargo by the
Health Officer for such reasonable period of time as may be required
to make an investigation or examination, if such investigation or
examination may be necessary to determine that such food, drink or
other substance is decomposed, contaminated, impure, unfit for human
consumption or dangerous to the public health. No such 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 the Health Officer.
[Amended 3-7-1996 by Ord. No. 1247]
A. Whenever the proprietor of a public eating and drinking
place, an itinerant public eating and drinking place or a food or
beverage manufacturing, processing and merchandising establishment
fails to keep his or her public eating and drinking place, itinerant
public eating and drinking place or food or beverage manufacturing,
processing and merchandising establishment in a sanitary condition,
or whenever food or drink or the sale of the same is likely to cause
or transmit disease, the Board of Health or its representative shall
order such public eating and drinking place, itinerant public eating
and drinking place, or food or beverage manufacturing, processing
and merchandising establishment, to be closed until it is put in a
sanitary condition or until the food or drink or the sale of the same
is no longer likely to cause any illness or transmit disease. The
proprietor of the public eating and drinking place, the itinerant
public eating and drinking place or the food or beverage manufacturing,
processing and merchandising establishment, when so ordered, shall
immediately comply with and obey such order and shall not conduct
further operations until permission has been granted by the Board.
B. Failure of the proprietor to comply with the order
of the Board shall result in the Board ordering the Health Director
and/or the Health Officer to take necessary steps to close and padlock
such premises until it has complied with the order of the Board.
All provisions of the Pennsylvania Bakery Law,
being the Act of May 22, 1933 (P. L. 912), as revised August 18, 1961
(P. L. 1008), not inconsistent with the provisions of this chapter,
shall be included herein and shall be enforced by the Health Director
and/or the Health Officer.
[Added 3-7-1996 by Ord. No. 1247]
All provisions of the Food Service Sanitation
Manual of the United States Department of Health, Education and Welfare
(1978) shall be included herein and shall be enforced by the Health
Director and/or the Health Officer and copies of the same shall be
on file and available to the public at the Borough offices.
[Added 3-7-1996 by Ord. No. 1247]
All provisions of the United States Safe Drinking
Water Act, 42 U.S.C. § 300f et seq., the National Sanitation
Foundation Standards Manual (1952, as amended), and the Federal Hazardous
Substances Act, 15 U.S.C. § 1261 et seq. (1995 Supplement)
(P.L. 86-613, as amended), and all applicable rules and regulations
of the Departments of Health, Agriculture and Environmental Protection
of the commonwealth, including 7 Pa. Code § 45.1 et seq.
(1995, General Foods) and 25 Pa. Code § 151.1 et seq. (1995, Food
Establishments), as supplemented and amended, shall be included herein
and shall be enforced by the Health Director and/or the Health Officer
and copies of the same shall be on file and available to the public
at the Borough offices.
Whoever violates any of the provisions of this
chapter shall be fined not less than $100 nor more than $1,000 or
imprisoned not more than 10 days in the Borough lockup or not more
than 30 days in the county jail or workhouse, or both such fine and
imprisonment. A separate offense shall be deemed committed each day
during or on which a violation occurs or continues after notification
from the Health Director and/or the Health Officer.