[HISTORY: Adopted by the City Council of
the City of Butler 3-1-1953 by Ord. No. 754; amended in its entirety 10-25-2012 by Ord. No.
1662. Amendments noted where applicable.]
From and after the effective date of this chapter, it shall
be unlawful for any person, in any capacity whatsoever, whether as
employer, employee, proprietor or as a member of the proprietor's
family to handle, in any manner whatsoever, any unwrapped or unpackaged
food, foodstuffs or drink intended for human consumption by the public,
within the territorial limits of the City of Butler, Pennsylvania,
unless such person shall have first obtained a certificate of health
from the Board of Health of the City of Butler, Pennsylvania. Such
certificate will not be issued until the establishment has received
a health inspection for the Health Officer of the City of Butler.
From then on, the establishment must have an annual health inspection
from the Health Officer of the City of Butler. If the establishment
has an automatic fire extinguishing system and Class K rated fire
extinguisher(s), the establishment must also have a fire inspection
from the Fire Chief of the Butler Bureau of Fire on an annual basis.
Both inspections should be coordinated to be done at the same time.
Food establishments as defined herein, are declared to be subject
to the provisions of the rules and regulations adopted by the Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, Food Code Regulations,"[1] issued under the Retail Food Facility Safety Act of 2010[2] as now enacted and as may be hereafter amended. A copy
of these regulations shall be supplied to any person operating a food
establishment, on request.
The definitions, as set forth in the rules and regulations of
the Department of Agriculture of the Commonwealth of Pennsylvania,
Title 7, Chapter 46,[1] as now enacted and as may be hereafter amended, are included
herein by reference. In addition to the definitions set forth in the
Act, the following words and phrases shall have the meaning ascribed
to them in this section, unless the context indicates otherwise:
The City of Butler, Butler County, Pennsylvania.
Both public eating and drinking places and retail food establishments
collectively.
A.
Definitions. A "certified food employee" is an employee of a food
establishment who is in a supervisory or management position or person
in charge with respect to other employees of the establishment and/or
in some way responsible for the operation of a food establishment.
B.
Board-approved training. The City of Butler Board of Health shall
approve training programs based on the state food establishment rules
and regulations, adopted herein, for the purpose of instructing prospective
certified food employees in the food handling requirements.
C.
Certified food employee on duty. Each newly licensed food establishment
shall within 90 days have within their employ at least one certified
food employee who is available on the premises at all times or available
by phone. Retail food establishments that sell only prepackaged non-potentially
hazardous food shall be exempt from this requirement.
D.
Examinations. Each certified food employee shall be required to take
a test given by the state.
E.
Certification.
(1)
All certified food employees who shall have passed such examination
shall provide a copy to the City.
(2)
Certification shall be valid for five years from the date of issuance,
unless sooner suspended or revoked, and shall be reissued only after
successful reexamination and payment of the required fee. All certificates
issued shall be exhibited in a place conspicuous to consumers and
the City.
(3)
The fees payable for the certified food employee will be set by resolution
of the City of Butler from time to time.
F.
Responsibilities of certified food employee and/or person in charge. Certified food employees and/or the person in charge shall be required to daily observe, instruct, and, if necessary, correct other food establishment employees. Certified food employees shall further be required to observe, practice, and conform with the provisions of Chapter 142, Food Code, and the Food Facility and Safety Act of 2010.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
G.
Suspension and revocation of certificates.
(1)
Any person certified hereunder who knowingly fails to follow the
responsibilities set forth herein may be suspended by the City for
a specified period. Any person certified hereunder who knowingly submits
false information to any representative of the City of Butler Board
of Health or, having previously been suspended, fails to perform the
responsibilities set forth herein, may have such certification revoked
by the City.
(2)
Any person whose certification is suspended or revoked shall be notified
of such action, writing, and shall have the right, within one week
after receipt of such notice, to request, in writing, a hearing before
the City of Butler Board of Health. The said Board shall conduct such
hearing as soon as possible thereafter and shall determine whether
such person shall have such certification suspended, and the length
of time thereof, or revoked. Any person whose certification is revoked
may not be recertified within one year from the date of such revocation.
Any person who shall violate any of the provisions of §§ 142-1 through 142-4 shall be subject to the penalties set forth within the Food Facility and Safety Act of 2010.[1] Any person who resists or interferes with any authorized
representative of the City in the performance of his duties shall,
upon conviction thereof before any Magisterial District Judge be sentenced
to pay a fine of not less than $300 nor more than $1,000 plus costs,
to be paid to the City or, in default thereof, to be confined to jail
for a period of not more than 30 days.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
