[HISTORY: Adopted by the Borough Council of the Borough of Yeadon 12-7-1995 by Ord. No. 1245 as Ch. 836 of the 1995 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 72.
Carnivals — See Ch. 101.
Zoning — See Ch. 300.
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]
ITINERANT PUBLIC EATING AND DRINKING PLACE
One operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
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),[1] 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.
[1]
Editor's Note: See now 3 Pa.C.S.A. § 5721 et seq.
[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)[1] and 25 Pa. Code § 151.1 et seq. (1995, Food Establishments),[2] 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.
[1]
Editor's Note: Such provisions were reserved effective 12-13-2003.
[2]
Editor's Note: See now the Food Code, 7 Pa. Code Ch. 46.
A. 
No person shall expose for sale in any public place in the Borough, without proper refrigeration, protection from dust, dirt, flies and vermin and such other protection as is necessary to assure that the items are free from spoilage and adulteration and safe for human consumption:
[Amended 3-7-1996 by Ord. No. 1247]
(1) 
Any item of fresh, uncooked or unprepared food, including, without limitation, fruits, vegetables, meats, poultry, eggs and milk; and
(2) 
Any bakery product or article of foodstuffs prepared for consumption and not requiring additional cooking, including, without limitation, olives, pickles, cheeses, salads, spiced or cooked meats, relishes, jams or preserves, potato chips, confections, shells, nuts, etc.
B. 
"Public place," within the meaning of this section, includes grocery, delicatessen, confectionery and department stores, bakery shops, markets and street vendors' carts.[1]
[1]
Editor's Note: Original Section 836.08, Trash receptacles, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
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.