[HISTORY: Adopted by the Board of Commissioners of the Township of Haverford 11-14-2011 by Ord. No. 2646. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 95.
Health and safety — See Ch. 99.
Peddling and soliciting — See Ch. 130.
Sewage and drainage facilities — See Ch. 149.
Wells — See Ch. 181.
Editor's Note: This chapter also superseded former Ch. 91, Food and Drink, which was comprised of Part I, Public Eating and Drinking Places; Food Establishments and Vendors; Water and Ice, adopted 5-13-1963 by Ord. No. 1204, as amended; Part II, Milk and Milk Products, adopted 6-10-1974 by Ord. No. 1564; and Part III, Bulk Food, adopted 7-27-1987 by Ord. No. 1994.
The purpose of this chapter is to ensure that every food establishment shall be conducted, operated and maintained in accordance with the requirements prescribed in the following sections and with such additional requirements as the Board may by regulation prescribe to protect the health of the ultimate consumers of food handled in such establishments.
The provisions of Commonwealth of Pennsylvania, Department of Agriculture, Title 7, Chapters 46, 57 and 65, codified at 3 Pa.C.S.A. as may amended from time to time, are hereby adopted and incorporated into this section as if fully set out herein.
In addition to the definitions contained in Title 7, the following words or terms shall have the meaning prescribed below:
- Board of Commissioners of the Township of Haverford.
- FOOD ESTABLISHMENT
- Any place, restaurant, coffee shop, cafeteria, tavern, food stand, private club; kitchen, dining room or snack bar at a hospital or care facility; industrial kitchen, dining room, cafeteria or snack bar; school lunchroom or cafeteria; grocery, market or convenience store; vehicle or any other place where food, drinks or refreshments are served, sold, handled or prepared and sold or given away over any period of time; provided, however, that this definition shall not be interpreted to include group homes or private homes.
- 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.
- The permission granted to a licensee to conduct a food establishment.
- A holder of a license.
- LICENSOR OR DEPARTMENT
- The Haverford Township Department of Health.
- Any person, partnership, association or corporation conducting or operating within the limits of Haverford ownership a public eating or drinking place.
It shall be unlawful for any proprietor to conduct or operate a food establishment within Haverford Township without first obtaining a license, as herein provided. Such license shall be issued by the Department.
Application for a license shall be made on forms provided by the licensor and shall be accompanied by the appropriate license and inspection fees.
No license shall be issued until inspection of the premises, facilities and equipment has been made by the licensor and found to be adequate for the protection of the public health and comfort of the patrons and to be in compliance with the rules and regulations of this and any other applicable chapters of this Code.
Licenses issued pursuant to this chapter shall specify the license and place licensed, shall be valid for one calendar year or portion thereof, and shall be conspicuously displayed at all times at/in the licensed facility. Licenses are not transferable.
Application for renewal license must be submitted 30 days before the expiration of the existing license. If, after an inspection, the licensed facility is found to comport with the provisions of this chapter, the Department will issue a renewal license.
The fees for such licenses shall be fixed by resolution of the Board of Commissioners and may be amended from time to time.
Whenever a license is denied, the licensor shall state in writing to the applicant the reasons for such refusal. The Department will issue no license until such time as the provisions of this chapter have been satisfied.
Any licensee who, after inspection and/or investigation by the Department and after having been offered the opportunity to be heard by the Board, has failed or refused, after a reasonable interval, to correct conditions found to constitute a violation of this chapter or the rules and regulations adopted hereunder, shall have his/her license revoked or suspended. Refusal of a licensee to provide access to its operations to a representative of the Department in the performance of its duty to inspect shall cause the immediate suspension of the license, pursuant to § 91-7A of this chapter.
Any applicant who has been refused a license or any licensee whose license has been revoked or suspended and who feels aggrieved by the action of the licensor shall be privileged to appeal that decision to and be heard by the Board of Commissioners by providing written notice to the Township Manager within 30 days from the date of written notice of the revocation or suspension of such license. The licensee and licensor shall be given written notice of any such hearing within 10 days from the date of the hearing and licensor shall present all applicable Department records to the Board of Commissioners.
Any licensee who denies access to its operations to a duly appointed representative of the Department of Health, after providing proper identification, shall be deemed to be in violation of this chapter and such license shall be immediately suspended.
Any applicant or licensee who is aggrieved by an action of the Board of Commissioners shall be privileged, on payment of the reasonable expense of preparing the same, to have such records certified to the Court of Common Pleas of the County of Delaware, whereupon the Court shall review such records and proceedings and properly enter such order or decree as the facts shall justify.
Unless otherwise specifically exempted from the requirements of this section, no person shall undertake to remodel or alter any existing building or portion thereof which is being used or is proposed for use as a food establishment or shall undertake to construct a new building which is to be used, in whole or in part, as a food establishment without first having submitted plans thereof, in duplicate, to the Department for approval.
Such plans shall be accompanied by specifications or other data completely describing the food establishment, including, where applicable, data relating to the following: surrounding grounds, buildings; equipment; water supply including plumbing, sewage disposal; refuse disposal, and any other such information required by the Department. If approved, one set of plans bearing such approval in writing shall be returned to the applicant. If not approved, the Department will call out the noncompliance with the requirements of this chapter in writing or by causing the notation on one copy of the plan set to the applicant.
The licensor shall conduct periodic inspections of all food establishments licensed under this chapter and keep accurate records of such inspections. A duly appointed official of the Department shall have the right to enter any food establishment in order to conduct inspections and obtain samples to determine compliance with the requirements of this chapter and other provisions of this Code. Any license issued under this chapter shall be immediately suspended in the event an authorized representative of the licensor, after presenting proper identification, is denied entry to any area of any food establishment when the establishment is open to the public or during other reasonable hours. Such suspension shall continue until entry is allowed to the authorized representative of the licensor, an inspection is completed and conditions are found to be satisfactory. In the event that entry is denied for seven or more consecutive days, the license may be revoked.
Whenever an inspection produces samples which indicate adulterated food, the cost of laboratory testing shall be borne by the food establishment, and the Health Officer shall issue a statement therefore.
No employee with any disease in a communicable form or who is a carrier of such diseases shall work in any food establishment in any capacity which brings him/her into contact with the production, handling, storage or transportation of food or equipment used in food establishments.
No proprietor shall employ in any capacity any such person suspected of having any disease in a communicable form or being a carrier of such disease.
Any employee who has a discharging or infected wound, sore or lesion on the hands, arms or any exposed portion of the body shall be excluded from those operations which will bring him/her into contact with food, beverages, utensils or equipment used in food establishments.
When reasonable grounds exist to indicate that there is a possibility of transmission of infection from any employee, the proprietor, the Department of Health and/or its Health Officer shall be authorized to require any or all of the following measures:
The immediate exclusion of the employee from the food establishment.
Restriction of the services of the employee to some work area where there is no danger of transmission of disease.
Adequate medical examinations of the employee and his/her associates, with such laboratory examination as may be necessary.
When there are reasonable grounds to indicate that there is a danger of food-borne disease outbreak, the Department of Health and/or its Health Officer, with the concurrence of a physician, may require the immediate closing of the establishment until no further danger of an outbreak exists.
The Department of Health may establish, at its own discretion, medical and/or screening programs and may require any or all employees of food establishments to be tested.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- BOTTLED WATER
- Includes any artificial or natural mineral, spring or other water bottled for drinking purposes.
- PRIVATE WATER SUPPLY
- Any water system not classified as public, intended primarily for the use of the occupants of one premises. The system shall include all sources, treatment works and distribution piping by which water is furnished to water taps or outlets of the system.
- PUBLIC WATER SUPPLY
- Any water system serving or intended to serve water for human consumption or for domestic uses or purposes to more than one service connection, irrespective of payments to be made for water service. The system shall include all of the sources, treatment works and distribution lines to the point of service connection at the meter, property line or any similar premises connection point which are under one ownership, management and operation.
No person shall provide or make accessible a public water supply or bottled water for human consumption or domestic use unless the source, treatment and distribution of such water shall be so protected from pollution and so maintained as to deliver a water of safe, sanitary quality. Such delivered water shall not contain bacterial, chemical or other contamination in such quantity as may be injurious to health or as may indicate such water to be unsatisfactory for human consumption as determined by tests in a laboratory approved for this purpose by the Department. Public water supplies shall conform to the United States Public Health Service drinking water standards now in effect or hereafter adopted.
No spring or well classified as a public water supply shall be used as a source of domestic water supply which does not conform to the requirements and standards set forth in this section.
No person shall provide or maintain a private water supply to be used for drinking or other domestic purposes by any person, other than the owner thereof, unless such water supply shall be potable, protected against pollution and free from bacterial contamination in accordance with the prevailing bacterial standards of water quality as defined in this section.
No new or repaired water supply system or any structure which may have become contaminated, accidentally or otherwise, shall be placed in use before such system or structure has been effectively cleaned and disinfected in accordance with accepted practices and standards of the American Water Works Association now in effect or hereafter adopted.
Whenever the Department shall determine that the water delivered to consumers for drinking or other domestic use does not meet the requirements of these rules and regulations, it shall so notify the person in responsible charge of such water supply and may order the treatment, abandonment, sealing or posting of that portion of the distribution system or connections within the Township which do not meet the requirements of these rules and regulations.
Cross-connections and interconnections. No person shall permit any connection between a potable water supply and an unapproved auxiliary water supply or any structure containing sewage, nonpotable water or other substance injurious to health.
Abandoned wells. No well shall be used for any other purpose than as a source of water. Abandoned wells shall be filled with clean earth or capped with substantial watertight slabs so as to prevent the contamination of the underground water supply.
Applications for licenses shall be on forms provided by the Department, which shall set forth the name, residence and business address of the applicant and the names of the persons operating the vehicle or establishment where the ice is manufactured, stored or processed.
Every ice vendor shall, upon demand, furnish to the Department such additional information as the Department may require to enable it to determine whether the provisions of these rules and regulations are being complied with. Failure to furnish such information promptly or failure to secure written permission to inspect or reinspect sources of ice shall result in the refusal to issue or the revocation of the ice vendor's license.
It shall be unlawful for any person to sell or distribute to the public ice from any ice-vending vehicle or from any other type of vending equipment without obtaining a license from the Department of Health of Haverford Township. The fee for such license shall be fixed by resolution of the Board of Commissioners which may be amended from time to time.
A license will not be issued to any person until the Director of Health has inspected and approved the establishment and equipment from which the ice is to be obtained. Written permission for the Department to inspect or reinspect such establishment or equipment shall be secured by the applicant. Any such establishment shall be equipped and operated in compliance with the provisions of this chapter or requirements of the Department now in effect or hereafter adopted. The license shall at all times be kept posted prominently in the ice-vending vehicle or on the equipment. Applications for renewal of licenses shall be made prior to January 1 of each year for a further period of 12 months.
Such licensee, manufacturer or processor of ice shall be required to pay a fee for such inspection in an amount fixed by resolution of the Board of Commissioners, which may be amended from time to time. Such fee shall be collected annually.
Revocation. Licenses may be suspended or revoked for violation by the holder thereof of these rules and regulations. No license shall be suspended or revoked without a licensee being given a hearing before the Department of Health.
The water from which ice is produced shall be obtained from an approved water supply meeting the requirements set forth in § 91-10.
The ice at the time of delivery to a customer shall meet the standards of water quality set forth in § 91-10 and shall be free of all foreign substances.
All equipment used for the manufacture, cutting, grinding, chipping, crushing, storage, transportation or delivery of ice which may come in direct or indirect contact with the ice or the water used while manufacturing ice shall be of a sanitary design approved by the Department.
Ice shall be so handled while in storage and delivery as to be protected from dust, dirt, filth and contamination.
All cans, buckets, tubs, pails or other containers used in the manufacture, storage, transportation or distribution of ice shall be kept thoroughly clean by methods acceptable to the Department of Health and/or its Health Officer.
Failure to secure a permit when required or operating after suspension or revocation of a permit by the Department of Health of Haverford Township shall constitute a violation of this chapter. When written notice of a violation of any of the provisions of the rules and regulations contained in this chapter has been served upon any person, such violation shall be discontinued immediately.
Any person, firm or corporation who violates any provision of the rules and regulations contained in this chapter shall, upon summary conviction before any District Justice, pay a fine not exceeding $1,000 and costs of prosecution; and in default of one payment of the fine and costs, the violator may be sentenced to the county jail for a term of not more than 90 days. Whenever such person shall have been officially notified by the Department of Health and/or its Health Officer or by the service of a summons in a prosecution or in any other official manner that a violation of the rules and regulations of this chapter is being committed, each day that such violation continues unabated after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
[Amended 3-12-2012 by Ord. No. 2660]