As used in this article, the following terms shall have the
meanings indicated:
Any person who handles food or drink during its preparation
or serving or comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served. This shall include the proprietor or any member of the proprietor's
family who handles food and drink. The masculine shall be interpreted
to include the feminine and neuter pronoun.
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 public
eating and drinking place.
A holder of a license.
The Board of Health of Eddystone Borough or its duly designated
Health Officer or Deputy Health Officer.
Any place which has been newly constructed and/or in which
a change of ownership has taken place.
Any person, partnership, association or corporation conducting
or operating within the limits of the Borough a public eating or drinking
place.
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette,
tavern, sandwich stand, soda fountain, private club, hospital kitchen,
dining room or snack bar, industrial kitchen, dining room, cafeteria
or snack bar, school lunchroom 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; provided, however,
that this definition shall not be interpreted to include boardinghouses
or private homes.
A.
It shall be unlawful for any person to operate a public eating and
drinking place in the Borough who does not possess a license from
the Board of Health or Health Officer of Eddystone Borough. The fee
for such license shall be as set from time to time by resolution of
the Borough Council. Licenses shall be granted for a period of one
year or portion thereof. Said year shall be computed to commence January
1 of any given year. Such license shall be conspicuously displayed
at all times in the place thereby licensed and shall not be transferable.
Application for renewal of a license shall be made at least 30 days
before the expiration of the existing license. Licenses may be suspended
or revoked for violations by the owner thereof of these rules and
regulations. No license shall be suspended or revoked without the
licensee being given a hearing before the Board of Health or Borough
Council.
B.
The Director of Health and/or the Health Officer or any proper authorities
of the Board of Health shall make periodic inspections of any licensee
for public eating and drinking places within the Borough. Such licensee
shall be required to pay a fee for such inspection as set from time
to time by resolution of the Borough Council, based on the number
of seats as follows:
|
Number of Seats
| |
|---|---|
|
0 to 15
| |
|
16 to 30
| |
|
31 to 50
| |
|
51 to 70
| |
|
71 to 90
| |
|
91 to 110
| |
|
111 to 130
| |
|
131 to 150
| |
|
151 to 170
| |
|
171 to 190
| |
|
191 to 210
| |
|
211 to 230
| |
|
231 to 250
| |
|
251 to 270
| |
|
271 to 290
| |
|
291 to 310
| |
|
311 to 330
| |
|
331 to 350
| |
|
351 to 370
| |
|
371 to 390
| |
|
391 to 410
| |
|
411 to 430
| |
|
431 to 450
| |
|
451 to 470
| |
|
471 to 490
| |
|
491 to 510
| |
|
511 to 530
| |
|
531 to 550
| |
|
551 to 570
| |
|
571 to 590
| |
|
591 to 610
| |
|
611 to 630
| |
|
631 to 650
| |
|
651 to 670
| |
|
671 to 690
| |
|
691 to 710
| |
|
711 to 730
| |
|
731 to 750
| |
|
751 to 770
| |
|
771 to 790
| |
|
791 to 810
| |
|
811 to 830
| |
|
831 to 850
| |
|
851 to 870
| |
|
871 to 890
| |
|
891 to 900
| |
|
901 and over
|
A.
No proprietor shall hereafter keep in his employ any employee known
to be afflicted with a disease in a communicable form. No proprietor
or manager of any establishment covered in this chapter shall employ
or continue to employ any person as a food handler if such proprietor
or manager has valid reason to suspect that such person is afflicted
with a disease in a communicable form.
B.
The Director of Health and/or the Health Officer shall have full
power and authority at any time to require examinations and tests
as may be necessary to determine whether any food handler has a disease
in a communicable form or is a carrier of a communicable disease.
It shall be the duty of all food handlers to submit to such examinations
at the request of the Director of Health and/or the Health Officer,
and any food handler who shall refuse to submit to such examination
shall not be employed or continue as a food handler in any public
eating and drinking place in the Borough.
C.
Disease control. No person who is infected with any disease in a
communicable form or is a carrier of such disease shall work in a
public eating or drinking place, and the proprietor of each place
shall not employ any such person or persons suspected of being infected
with any disease in a communicable form or being a carrier of such
disease. If the proprietor suspects that any employee has contracted
any such disease in a communicable form or has become a carrier of
such disease, he/she shall notify, in writing, the Borough Director
of Health and/or the Health Officer immediately.
D.
Procedure when infection is suspected. Where there is reasonable
ground for the Director of Health and/or the Health Officer to suspect
that there is transmission of an infectious disease from any employee
of a public eating or drinking place to the public, the Director of
Health and/or the Health Officer is authorized to require the proprietor
of said eating and drinking place to forthwith carry out any of the
following measures:
(1)
The immediate exclusion of the employee from said public eating and
drinking place.
(2)
The immediate closing of the public eating or drinking place until
the danger of disease outbreak ceases to exist.
(3)
Adequate medical examinations of the employee and of his associates,
including appropriate laboratory examination.
E.
Food handlers. All employees are required to obtain a food handler's
certificate from the Director of Health and/or the Health Officer
within five days of employment. All employees who work five days in
any one calendar month shall have a certificate.
A.
Unless otherwise specifically exempt 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 public eating and drinking place, or shall undertake to construct
a new building which is to be used in whole or in part as a public
eating and drinking place, without first having submitted plans thereof
in duplicate to the Director of Health and/or the Health Officer for
approval.
B.
Such plans shall be accompanied by data completely describing the
public eating and drinking place or the addition or alteration proposed.
If approved, one set of plans bearing such approval in writing shall
be returned to the applicant. If not approved, the manner in which
such plans do not meet the requirements of these rules and regulations
shall be marked on both sets of plans, and one set of plans will be
returned to the applicant.
C.
The Director of Health and/or the Health Officer shall be guided
by the provisions of these rules and regulations affecting such construction,
the proposed methods of receiving and distributing perishable food
or drink and any applicable laws relating to the handling or processing
of food or drink.
A.
Floors. The floors of all rooms in which food or drink is prepared
or stored or in which utensils are washed shall be of such construction
as to be easily cleaned, shall be smooth and shall be kept clean and
in good repair. In the case of all new establishments, the floors
of all rooms in which food or drink is prepared or stored or in which
utensils are washed shall be constructed of material impervious to
water and shall be provided with a sanitary base and with adequate
and sufficient drains to permit cleaning.
B.
Walls and ceilings. Walls and ceilings of all rooms in which food
or drink is prepared, served or stored or utensils are washed or stored
shall be kept clean and in a sanitary condition. The walls of all
such rooms shall have a smooth washable surface up to the level exposed
to soiling by splash or spray and shall be finished in a light color.
No paper or oilcloth coverings are permitted on walls of kitchens
and food preparation rooms. In the case of all new establishments,
all rooms in which food or drink is prepared or served or in which
utensils are washed shall have a clear ceiling height of not less
than seven feet.
C.
Construction of kitchens. The rooms in which food is prepared shall
be of adequate size and construction to permit easy cleansing and
the unhampered performance of all kitchen operations.
D.
Construction and location of utensils and equipment.
(1)
All eating and cooking utensils and all showcases and display cases
or windows, counters, shelves, tables, booths and refrigerating and
other equipment shall be of a sanitary design and construction and
so located as to be easily cleaned and shall be kept clean and in
a sanitary condition. In new establishments or in establishments where
new installations of equipment are made, all equipment used for the
preparation, storing, handling or serving of food or drink shall be
equivalent to or in excess of that specified in the National Sanitation
Foundation standards. Such equipment shall be spaced away from walls
and corners so as to permit access for cleaning. Thirty inches of
working space shall be required between all units of new equipment,
unless such equipment is movable. A minimum of 30 inches of working
space shall be provided between counters, back bars and work tables
wherever located.
(2)
No cooking unit of any kind shall be permitted to be placed or located
in any bay window. All new installations of equipment shall be elevated
at least six inches from the floor on pear-shaped legs or sealed tight
to the floor with a three-inch cove base or stainless steel removable
kickplates. Where equipment with closed bottoms without air spaces
is set on a masonry base, the top of the base shall be waterproofed
with mastic.
(3)
Plates, cups, saucers, dishes, crockery or chinaware which are cracked,
chipped or broken shall not be used to contain food or drink. All
such cracked, chipped and broken plates, cups, saucers, dishes, crockery
or chinaware will be destroyed and discarded at the time of inspection.
Food-contact surfaces of equipment and utensils shall be smooth; shall
be free of breaks, open seams, cracks, chips, pits and similar imperfections;
shall be in good repair; and shall be easily cleaned.
(4)
In cases of all new construction, shelves shall be constructed at
least two inches from the wall unless tightly stripped to eliminate
cracks.
E.
Doors and windows. When flies are prevalent, all openings into the
outer air shall be effectively screened (April 1 to December 1) with
not less than sixteen-mesh wire. Doors shall be self-closing, unless
other effective means are provided to prevent the entrance of flies.
All screen doors shall open outward. Doors and windows shall be kept
clean, inside and out. The presence of flies or flying insects shall
be presumptive evidence of failure to comply with this section.
F.
Lighting. All rooms in which food or drink is prepared or in which
utensils are washed shall be well-lighted, with adequate natural or
artificial lighting sufficient to produce an intensity of not less
than 15 footcandles at 30 inches from the floor. In rooms where food
is stored, lighting shall be provided sufficient to produce an intensity
of not less than five footcandles at 30 inches from the floor.
G.
Ventilation. All rooms in which food or drink is prepared or served
or in which utensils are washed shall be well ventilated. There shall
be openings to the outer air at least equal to 5% of the floor area.
In the case of artificial ventilation where food is prepared, facilities
must be provided for at least eight air changes per hour. In no case
shall recirculation of air be permitted. All rooms in which food or
drink is served shall be provided with at least five air changes per
hour, and not more than 50% recirculation shall be permitted. All
cooking units shall be hooded and vented to the outside air by forced
draft; provided, however, that the latter requirement shall not apply
to a simple bread toaster and to a coffee urn. When cooking units
are vented to the outside air, the vents shall be carried above the
highest window of this or adjacent buildings. All ventilation systems
shall be maintained in a clean and sanitary condition.
A.
In all new establishments or establishments where alterations are
made, separate toilet facilities shall be provided for each sex.
B.
Toilet rooms shall not open directly into any room in which food
or drink is prepared or handled. No entrance to a toilet room shall
lead through living quarters or through an area where food or drink
is stored, prepared or handled. An intervening vestibule of at least
three feet by three feet shall be provided. The doors of all toilet
rooms and vestibules shall be self-closing.
C.
Toilet rooms shall be kept clean, in good repair, well lighted and
properly ventilated by exterior windows or mechanical means. The walls
and ceilings shall be of a smooth washable surface and shall be finished
in a light color.
D.
Hand-washing facilities with automatic running hot and cold water,
sanitary towels and soap shall be in or adjacent to the toilet room.
The use of the common towel is prohibited. Hand-washing signs shall
be posted in each toilet room used by food handlers. No food handler
shall return to work after using the toilet without first washing
his hands.
E.
in all new establishments or establishments where alterations are
made, the floors of the toilet rooms shall be constructed of a material
and joints impervious to water and shall be provided with a sanitary
base.
All kitchen, stands and counters where food is prepared shall
be equipped with or have adjacent thereto separate hand-washing facilities
for the washing and cleansing of the hands, equipped with automatic
running hot and cold water, soap and sanitary towels.
Automatic running hot and cold water under pressure of not less
than 15 pounds per square inch shall be easily accessible to all rooms
in which food is prepared or utensils are washed and shall be adequate
and of a safe, sanitary quality.
A.
In all public eating and drinking places where dish or utensil washing
is done by other than mechanical means, no less than three compartment
sinks shall be provided and equipped with running hot and cold water.
(2)
Alternative.
(a)
Wash (water 110° F. to 130° F.).
(b)
Rinse (warm water).
(c)
Sanitize with a chemical such as hypochlorite compounds or chlorine-containing
compounds of equal efficiency at a minimum concentration of 100 parts
per million for at least 30 seconds; Quaternary ammonium compounds
at a minimum concentration of 200 parts per million for at least 30
seconds; or iodoform compounds at a minimum concentration of 12.5
parts per million for at least 30 seconds.
B.
There shall be a drainboard of a material impervious to moisture
affixed to each end of the unit. In new establishments or establishments
where alterations are made, each compartment of the sink shall be
of a size not less than 16 inches square by 14 inches deep. Each compartment
for sinks in soda fountains and bars shall be no less than 12 inches
square by 10 inches deep. Mechanical dishwashing machines shall be
equipped to provide a minimum water temperature in the machine of
at least 180° F. Mechanical dishwashers shall be equipped with
two thermometers for indicating the wash and sterilizing temperatures.
Prerinse or presoak facilities shall be provided for either mechanical
or manual dishwashing.
C.
Cleaning and bactericidal treatment of utensils and equipment. All
equipment, including display cases or windows, counters, shelves,
tables, refrigerators, stoves, hoods or sinks, shall be kept clean
and free from dust, dirt, insects and other sources of contamination.
All cloths used by waiters, chefs and other employees shall be kept
clean. All eating and drinking utensils shall be thoroughly cleaned
and subjected to an approved bactericidal process after each use and
at the time of service to the public be thoroughly clean and sterilized.
All multi-use containers and utensils used in the preparation, cooking
and serving of food and drink shall be thoroughly cleansed and subject
to an approved bactericidal process immediately following the day's
operation. Towel drying is not permitted.
D.
Storage and handling of utensils and equipment. After cleansing and
sterilizing, all utensils and equipment must be stored above the level
of the floor in a clean, dry place, protected from flies, dust or
other contamination, and no utensils shall be handled except in such
manner as to prevent contamination. Single-service utensils shall
be purchased only in sanitary containers and shall be stored therein
in a clean, dry place until used and shall be handled in a sanitary
manner. Kitchens shall be used only for cooking and the storage of
food products and kitchen, cooking or eating utensils and equipment
in use.
All liquid waste resulting from the cleansing and rinsing of
utensils and floors and from flush toilets and lavatories must be
disposed of in a public sewer or, in the absence of a public sewer,
all garbage must be stored in nonleaking metal containers with tight-fitting
lids or in an approved garbage storage room, and all waste material
must be kept free of garbage and stored in nonleaking metal containers
with tight-fitting lids or in an approved waste material storage room
and be covered at all times. Garbage and other waste materials must
be removed from the premises as often as necessary to prevent a nuisance
and shall be disposed of in a manner to be approved by the Health
Officer. All garbage and waste receptacles must be washed when emptied
and treated with a disinfectant if necessary to prevent a nuisance.
Adequate can washing facilities shall be provided.
All readily perishable food or drink shall be kept at temperatures
lower than 40° F., except when being prepared or served. All refrigerators
must be equipped with an indicating thermometer accurate to plus and
minus 2° F., located in the warmest part of the facility in which
food is stored and of such type and so situated that the thermometer
can easily and readily be observed for reading and maintained in a
clean and sanitary condition. Wastewater from refrigeration equipment
shall be disposed of in accordance with the Plumbing Code of the Borough
of Eddystone.[1]
A.
All food and drink shall be wholesome and free from spoilage and
contamination. All milk, ice cream and other frozen dairy products
shall be from sources approved by the Board or Health Officer. Milk
must be served in or from the half-pint container in which it was
received from the distributor or by other methods approved by the
Board or Health Officer. This requirement shall not apply to cream
which may be served from the original bottle or from a dispenser approved
by the Board or Health Officer.
B.
In the case of milk drinks, the milk used shall include the entire
contents of the original container. No part or parts of any food previously
served to the customer can again be served in any form to other customers.
This requirement includes the remaining portions of crackers, cream,
bread, slaw, unused salads, butter, jellies and all other foods which
are not served in tightly covered dispensers or any parts of other
foods that have been served as a part of a meal and with which there
has been possible human contact.
C.
No cream puffs, eclairs, napoleons, cream pies, cream-filled layer
cakes and similar products containing custard or whipped cream shall
be sold or stored unless kept in a storage compartment the maximum
temperature of which is not greater than 40° F.
D.
All oysters, clams and mussels shall be from approved sources. The
shells of shellfish used for service cannot be reused.
All food and drink shall be stored, handled, cooked, processed, prepared, displayed or dispensed as provided under Article II hereof. Sugar served in all public eating and drinking places shall be dispensed from containers which provide protection against dirt, dust, other contamination and human handling at all times, except in the case of lump or packaged sugar which is individually wrapped. Unwrapped or otherwise unprotected displayed food which is subject to contamination through public handling, coughing or sneezing shall be protected by means of glass or similar partitions or through other approved means.
All food handlers shall wear clean garments and shall keep their
hands and fingernails clean at all times when engaged in the handling
of food, drink, utensils or equipment. All female employees shall
wear hair nets while engaged in the preparation of food. All male
employees shall wear caps while engaged in the preparation of food.
All food handlers who in any manner come in contact with or handle
food shall, before beginning work, thoroughly wash their hands with
soap and water. No employee shall use tobacco in any form while engaged
in the preparation or handling of food and drink.
All persons engaged in the operation of any public eating and
drinking place shall be required to take all necessary precautions
to keep the premises free of rats and vermin. In the case of rat or
vermin infestation, operators shall report such infestation to the
Health Officer for the purpose of procuring proper advice and instructions
in order to eliminate the nuisance. ln the case of all new establishments,
all rooms in which food or drink is prepared, stored or served shall
be of a ratproof construction.
A.
The premises of all public eating and drinking places shall be kept
clean and free of litter or rubbish.
B.
No sleeping facilities or domestic activities shall be permitted
in any room which is part of or which opens into any room where food
is prepared, stored or served or in which utensils are washed or stored.
C.
Adequate lockers or dressing rooms shall be provided for employees'
clothing and shall be kept clean.
D.
Soiled linens, coats and aprons shall be kept in verminproof containers
provided for this purpose.
E.
No public eating and drinking places shall be located in any cellar,
basement or other place below the natural surface of the ground except
with the written permission of the Board or Health Officer.
F.
Bulk ice cream cannot be dispensed unless running water is provided
next to the cabinet containing the ice cream. The utensils used in
dispensing bulk ice cream must be sterilized frequently, washed by
running water after each usage, and kept dry when not in use.
G.
No article, polish or other substance containing any cyanic preparation
or other poisonous materials shall be used for the cleaning, disinfecting
or polish of utensils or containers used in preparing or handling
any food or drink.
H.
No substance containing any cyanide, fluoride, lindane or other poison
shall be kept or used as an insecticide or exterminator in any place
where food or drink is exposed during sale, preparation, holding or
handling or in such manner as to contaminate such food or drink.
I.
No person shall bring or permit to be brought any dog, cat or other
animal into the dining room, kitchen or storeroom of any public eating
or drinking place. This section shall not apply to a blind person
led by a training dog.
J.
Before a new establishment can begin operation, the proprietor shall
contact the Borough and request an interview with the Director of
the Board of Health and/or the Health Officer.
An official representative of the Board or Health Officer in
the performance of any duty imposed by this chapter shall have full
access to any place, container, conveyance or records used in the
production, preparation, manufacture, packing, storage, transportation,
handling, distribution or sale of any food. Without any prior notice,
he/she shall be entitled to make an examination, open any package
or container, examine records and take therefrom a sample for analysis
of any food manufactured, sold, exposed for sale or found to be in
possession of the proprietor in violation of any provisions of these
rules and regulations.
A.
Every person who shall distribute or sell or offer for distribution
or sale or have in his possession any food shall, on request and tender
of the value by an official representative of the Board or Health
Officer, deliver as much thereof to such representative as may be
requested as a sample.
B.
If such request is not immediately complied with, the Board or its
official representative may demand and take as much of the food as
it may think necessary, tendering to the person in charge what it
deems to be its reasonable value.
C.
At no time shall a proprietor have in his possession, either for
sale or not for sale, food or drink which is unfit and is likely to
cause illness or transmit disease. When, in the opinion of this Board
or its official representative, such food or drink exists, it shall
be ordered denatured, removed and disposed of.
D.
It shall be the duty of the owner or person in charge of such substance
to immediately remove and dispose of it at his own expense according
to the direction of the Board or its official representative. In case
the owner or person in charge shall fail to immediately remove and
dispose of such substance, as ordered, the same shall be caused to
be denatured, removed and disposed of by the Board at the expense
of the owner or person in charge.
Such samples of food, drink, ingredients, containers or any
substance used in connection with the preparation of food or drink
may be taken by a duly authorized representative of the Board or Health
Officer for examination as often as may be deemed necessary for the
detection of any impure or unsanitary condition. Any food, drink or
any 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 a duly authorized representative of the
Board if, in the judgment of such representative, 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 any such representative of the Board for such reasonable
period of time as may be required to make investigation or examination,
if such may be necessary to determine that such food, drink or other
substance is decomposed, 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 a representative of the
Board.
A.
Whenever the proprietor of a public eating and drinking place shall
fail to keep his public eating and drinking place in a sanitary condition,
or whenever food or drink or the sale of the same is likely to cause
or transmit disease, the Board or Health Officer, upon proper notification,
shall order such public eating and drinking place closed until it
shall have been put in a sanitary condition or until the food or drink
or the sale of the same shall be no longer likely to cause any illness
or transmit disease. The proprietor of the public eating and place,
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 or Health Officer.
B.
Failure of the proprietor to comply with the order of the Board or
Health Officer shall result in the Board ordering the Director of
Health and/or the Health Officer to take necessary steps to close
and padlock said premises until it shall have complied with the order
of the Board of Health.
