As used in this article, the following terms shall have the
meanings indicated:
Refer to any product consisting principally of flour, sugar,
eggs and milk, with or without cornstarch, heated, cooled and applied
to pastry without subsequent heating and to filled pastry, such as
cream puffs or eclairs. which may be heated subsequent to filling.
Any place where food or beverage intended for human consumption
is kept, stored, manufactured, prepared, dressed, handled, sold or
offered for sale, with or without charge, either at wholesale or retail,
and not consumed on the premises; provided, however, that the term
"food establishment" shall not include a public eating and drinking
place, and the term "food," as used in this chapter, shall include
not only every article used for food by man but also every article
used for or entering into the composition of or handled for use as
an ingredient in the food.
The permission granted to a licensee to conduct a food establishment.
A holder of a license.
The Board of Health of Eddystone Borough or its duly designated
Health Officer or Deputy Health Officer.
Any place that has been newly constructed or in which a change
of ownership has taken place.
Applies to any food or drink kept or displayed in any store,
place, dispenser or vehicle in the manner in which food or drink is
ordinarily kept or displayed.
Any food or beverage or ingredients, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infections or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
Oysters, clams, scallops or mussels, fresh or frozen; any
shrimp, crab or lobster, fresh, frozen or cooked but not placed in
a sealed container; and any other mollusks, fresh or frozen, intended
for human consumption.
A.
It shall be unlawful for any person to operate a food establishment
in the Borough who does not possess a license from the Health Officer
or Board of Eddystone Borough. The fee for such a license shall be
as set from time to time by resolution of the Board of Council. Licenses
shall be granted for a period of one year or portion thereof. Said
year shall be computed to commence June 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.
B.
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 Board
of Health or Borough Council.
C.
The Health Officer shall make annual inspections of any licensee
within the Borough and an inspection of any retail food establishment.
Such licensee shall pay a fee for the inspection as set from time
to time by resolution of the Borough Council, based on the square
footage of the establishment as follows:
|
Floor Area
(square feet)
| |
|---|---|
|
Under 1,000
| |
|
1,001 to 1,500
| |
|
1,501 to 2,500
| |
|
2,501 to 5,000
| |
|
5,001 to 7,500
| |
|
7,501 to 10,000
| |
|
10,001 to 15,000
| |
|
15,001 and over
|
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof for, or install equipment which is being used or is proposed for use in, a food establishment without first submitting plans for approval thereof as provided under Article I of these health rules and regulations.
A.
Enclosures. Every such food establishment shall be so constructed
and maintained as to provide adequate enclosure and protection of
the food or drink and the food- or drink-handling operations contained
therein.
B.
Floors. The floor of any room or place where food or drink is stored,
prepared or served or in which utensils are cleansed shall be of such
construction as to be easily cleaned, shall be smooth and shall be
kept clean and in good repair.
C.
Walls and ceiling. The walls and ceiling of any room or place where
food or drink is stored, prepared or handled shall be clean and in
good repair. Such walls and ceiling shall be painted or finished in
light color and refinished as often as necessary. Walls in food preparation
areas shall have a smooth, washable surface up to the level exposed
to soiling by splash or spray.
D.
Doors and windows. All openings to the outside shall be effectively
screened or otherwise protected during the period when flies are prevalent
(April 1 to December 1). Doors shall open outward and be self-closing
or otherwise effectively closed. All effective means shall be provided
to prevent the entrance of flies and other insects through such openings.
Doors and windows shall be kept clean inside and outside. The presence
of flies or flying insects within the structure shall be presumptive
evidence of failure to comply with this section.
E.
Lighting. Lighting in any room or place in which food or drink is
stored, prepared or handled or in which utensils are washed shall
be adequate for all working purposes and to facilitate effective and
thorough cleaning.
F.
Ventilation. Adequate ventilation shall be provided in any room where
food or drink is stored, prepared or handled or in which utensils
are washed so that such rooms are reasonably free of disagreeable
odors and condensation, undue heat or cold, toxic substances, smoke,
vapor, dust or other substance affecting or likely to affect the food
or drink or causing or likely to cause an atmospheric condition dangerous
to the health of employees or contributing to an insanitary practice
or condition. All ventilation systems shall be maintained in a clean,
sanitary manner.
G.
Toilets and lavatory facilities.
(1)
Adequate lavatory facilities, including toilets, hand-washing facilities,
automatic running hot and cold water, powdered or liquid soap in appropriate
dispensers, sanitary towels and toilet paper, shall be provided for
use at all times when such food establishment is in operation.
(2)
Adequate and separate toilets shall be provided for and be readily
accessible to the sexes employed as food handlers or otherwise and
shall be located on premises.
(3)
Toilet rooms shall not open directly into any room in which food
or drink is prepared or handled. An intervening vestibule of at least
three feet square must be provided. The doors of all toilet rooms
shall be self-closing.
(4)
The toilet shall be kept clean, in good repair, well lighted and
properly ventilated by exterior windows or other mechanical means.
The walls and ceilings shall be of a smooth, washable surface and
shall be finished in a light color.
(5)
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. Handwashing 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.
(6)
In all new establishments or establishments where alterations are
made, the floors of the toilet rooms shall be of a material and joints
impervious to water and shall be provided with a sanitary base. The
plumbing fixtures shall be of the wall-hung type to facilitate cleaning.
H.
Separate hand-washing facilities required. In any food establishment
where frequent hand-washing is necessary to prevent contamination
of food during processing, manufacture or preparation, separate hand-washing
facilities, including an adequate supply of powdered or liquid soap
and sanitary towels, shall be provided in the workroom and conveniently
near each such process work space.
I.
Common drinking cup prohibited. Drinking cups for common use shall
not be permitted in any food establishment.
A.
Personal cleanliness. Every food handler shall wear clean outer garments,
shall maintain personal cleanliness and shall keep hands and fingernails
clean at all times while engaged in handling food, drink, utensils
or equipment. No employee shall use tobacco in any form while engaged
in the handling of food or drink. All female employees shall wear
hair nets and all male employees shall wear caps while engaged in
the preparation or packaging of food.
B.
Disease control. No person suffering from a communicable disease transmissible through food or drink, or who is known to be a carrier of the organisms causing such disease, and no person suffering from a local infection transmissible through food, shall be employed in any food establishment at which food or drink is prepared or dispensed. The provisions of Article I, § 168-3A, B, C, D and E, of these rules and regulations shall apply to all persons employed in food establishments.
C.
Locker spaces. Soiled linens, aprons and other articles used in the
preparation, storage or handling of food or drink shall be kept in
verminproof containers provided for this purpose. Clothing shall not
be hung or placed in proximity to exposed food or drink. When required
by the Director of Health and/or the Health Officer, suitable and
adequate rooms for changing clothes and locker space shall be provided.
A.
General.
(1)
No food or drink shall be kept, sold, offered for sale, manufactured,
cooked, processed, prepared, displayed, dispensed or transported unless
it shall be protected at all times from dust, dirt, flies, vermin,
handling, droplet infection, overhead leakage or other contamination.
Such food or drink shall be subjected to or maintained at such temperatures
while being kept, displayed, transported or offered for sale as shall
prevent undue or abnormal deterioration, decomposition or spoilage.
Food displayed or exposed for retail sale shall be at least 24 inches
above the floor unless it is completely enclosed by coverings or containers.
The general storage of food, raw materials and reserve stock shall
be above the floor (six inches or more) on clean racks, pallets, dollies
or other clean surfaces in such a manner as to be protected from contamination
and to facilitate easy and thorough cleaning.
(2)
Where unwrapped food is displayed in all types of food service operations,
including smorgasbords, buffets and cafeterias, it shall be protected
against contamination from customer and other sources by easily cleaned
counter-protector devices, cabinets, display cases, containers or
other similar types of protective equipment. Self-service openings
in counter guards shall be so designed and arranged as to protect
food from manual contact by customers.
(3)
All deliveries of perishable foods to food establishments shall be
made inside the store unless food is stored in containers approved
by the Board or Health Officer.
B.
Animals prohibited. No live animal or fowl shall be permitted or
kept in any rooms where food or drink is stored, prepared, handled
or served.
A.
In all new establishments or in establishments where alterations
are made, where multi-use utensils are used, no less than a three-compartment
sink shall be provided and equipped with running hot and cold water.
Each compartment of the sink shall be a size of not less than 16 inches
square by 14 inches deep. All sinks shall be equivalent to or in excess
of the specifications in the National Sanitation Foundation standards.
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. ln 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. Where equipment with closed bottoms
without air spaces is set on a masonry base, the top of the base shall
be waterproofed with mastic.
B.
Accepted method of dishwashing.
(1)
Three-compartment sink.
(b)
Alternative.
[1]
Wash (water 110° F. to 130° F.).
[2]
Rinse (warm water).
[3]
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.
(2)
Mechanical dishwashing. The mechanical dishwashing installation shall
be approved. Heating facilities and thermostatic controls to provide
hot water at 180° F. minimum temperature for the final rinse cycle
shall be provided on mechanical dishwashing equipment. Each mechanical
dishwashing machine shall be equipped with accurate thermometers.
(3)
The proprietor of the eating and drinking establishment shall have
available upon the premises of the eating and drinking establishment
the original container in which the chemical sanitizer currently employed
was received from the distributor.
C.
Cleaning process.
(1)
In all food establishments, adequate cleaning of utensils is required,
and an adequate supply of automatic running hot and cold water under
pressure of not less than 15 pounds per square inch, an adequate supply
of suitable cleanser and suitable and adequate facilities for the
cleansing, disinfecting and storage of utensils shall be provided.
(2)
In all new establishments or in establishments where any alterations
are made, a service sink of a size not less than 20 inches wide, 21
inches long and 12 1/2 inches deep shall be provided for the
cleaning of janitor's supplies.
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 or stored except
in such a manner as to prevent contamination.
E.
Water supply. 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 washed and shall be adequate and of a safe, sanitary quality, as provided in § 168-47A of these rules and regulations.
F.
Waste containers. In every food establishment, adequate and suitable
metal containers with tight-fitting lids shall be provided and used
to receive waste and refuse. Such containers shall be kept in a sanitary
condition with tight-fitting lids. All refuse shall be removed from
the premises at frequent intervals so as not to create a nuisance.
G.
Refrigeration.
(1)
Adequate refrigeration shall be provided at all times for all perishable
food or drink. Refrigerators shall be maintained in good repair and
in a clean and sanitary condition.
(2)
The following temperatures shall be maintained at all times:
|
Foods
|
Temperatures
| |
|---|---|---|
|
Frozen food
|
0° F. or below
| |
|
Meat and meat products, cooked food of animal origin, milk and
milk products and other perishable foods
|
40° F. or below
| |
|
Seafood and fresh poultry
|
32° F. or below
|
(3)
Indicating thermometers shall be provided in all refrigerators and
refrigerated cases 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 be easily and readily
observed for reading.
No food or drink which is impure, decomposed, contaminated or
dangerous to the public health or which has been so treated as to
conceal inferiority or which in its manufacture, cooking, processing,
preparation, handling or storage does not conform to the requirements
of these rules and regulations shall be kept, sold or offered for
sale for human consumption.
A.
No substance containing 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.
B.
No polish, article or substance containing cyanide or other poison
shall be used for the cleansing or disinfecting of any utensils or
containers used in preparing or handling any food or drink.
A.
No meat or meat products shall be offered for sale, displayed, sold
or kept in any food establishment unless such products shall have
first been inspected and approved by either an authorized agent of
the Bureau of Animal Industry, United States Department of Agriculture,
or of the Bureau of Animal Industry, Pennsylvania Department of Agriculture.
The Board may, in its discretion, permit the sale of meat or meat
products which have been inspected and approved by a duly authorized
agent who is a qualified and licensed veterinarian appointed under
an ordinance of a municipality of this commonwealth, provided that
the procedure followed in conducting inspection, including the facilities
for making the same, the requirements with respect to the sanitation
of the establishment and the marking, branding or identifying of meat
or meat products, shall conform to the regulations of the United States
Department of Agriculture or the Pennsylvania Department of Agriculture.
B.
All meat or meat products offered for sale, displayed, sold or stored in any food establishment shall be marked in a clear and legible manner with the official meat inspection legend, as provided in the foregoing Subsection A.
C.
Any slaughtering, meat canning, curing, smoking, salting, packing,
rendering or other similar establishment where meat or meat products
are prepared for sale in the Borough shall be subject to inspection
by the Board or Health Officer.
A.
No oysters, clams or other shellfish shall be sold or offered for
sale in the Borough unless such shellfish shall have been produced
and shipped in conformity with the regulations of the state in which
they were grown or packed, and unless the shipment shall have been
accompanied by tag, label or other mark approved by the Pennsylvania
Department of Health showing that the shipper has been duly certified
by the state in which this plant is operated, such certification having
been approved by the United States Public Health Service for shipments
in interstate commerce.
B.
All shellfish shippers, reshippers, packers and wholesalers shall,
for 60 days, keep accurate records of the source, date and quantity
of all lots of shellfish received and the name and address of the
consignee to whom each lot or part thereof is consigned, with the
date and quantity, in order that lots of shellfish dispensed may be
identified with corresponding lots of shellfish received. When an
original shipment of shellfish is broken down into smaller lots, each
lot shall have attached thereto a split-lot tag of the type approved
by the Pennsylvania Department of Health. Said records shall be subject
to inspection by the Director of Health and/or the Health Officer.
All retailers shall keep an accurate record, subject to such inspection
of the source, date and quantity, of all lots of shellfish received.
C.
Shellfish shall be so handled and stored as to maintain them in a
clean, wholesome condition.
D.
Shell stock (shellfish not removed from the shell) shall be shipped in clean containers, each container having an approved tag attached thereto as provided in Subsection B hereof. Bulk shipment by truck or car is prohibited.
E.
All establishments in which shellfish are shucked, washed, packed, replaced, stored or otherwise handled shall conform to all the provisions of Article II of these rules and regulations.
F.
All rooms in which shucked oysters are washed, packed, repacked,
stored or otherwise handled shall be separate and apart from the rooms
in which oysters are shucked.
G.
Such establishments shall be provided with an ample and convenient
supply of pure, cold water for washing the shucked stock and flushing
purposes and hot water for cleansing receptacles and utensils.
H.
All receptacles in which shucked stock is placed and other utensils
which come into contact with the shucked stock shall be of noncorroding
material, with smooth surfaces and of such shape as will facilitate
thorough cleansing. They shall be cleansed before use.
I.
Shucked stock shall be thoroughly washed in pure, cold water and,
subsequent to such washing, shall not be handled except with clean
utensils.
J.
Shucked stock shall be packed in clean containers, sealed in such
a manner that any tampering will be easily discernible and marked
with the name, address and identification mark of the packing establishment,
together with the quantity of shellfish contained therein.
K.
Proper refrigeration shall be provided in all places where shucked
stock is kept and during shipment. The cooling of shellfish to a temperature
of 40° F. or less shall be effected within two hours after the
shellfish is shucked. No ice or other foreign substance shall be allowed
in contact with the shucked stock.
A.
Restriction of sale. No custard-filled and whipped cream pastry shall
be kept, offered for sale or sold except on the day of manufacture
thereof. The day of manufacture shall be the day on which manufacture
is completed but may include not more than two hours preceding midnight
of the previous day.
B.
Manufacture. The entire custard mix to be used in the manufacture
of custard-filled pastry shall be brought to and held at a temperature
of not less than 200° F. continuously for not less than 10 minutes
and, within one hour thereafter, placed in a refrigerating temperature
of not over 40° F. and kept at or below such temperatures until
applied to the pastry.
C.
Holding temperatures. No custard-filled or whipped cream pastry shall
be kept, displayed, offered for sale or transported unless, immediately
after manufacture, it shall have been cooled to and maintained at
all times at a temperature of 40° F. or lower, in clean containers
filled to a depth of not more than three inches. Other perishable
food shall be held either at a temperature of 40° F. or lower
or at a temperature of 150° F. or higher.
D.
Packaging and labeling. No custard-filled pastry shall be sold either
wholesale or retail or transported for retail delivery unless it shall
be wrapped or packaged so as to protect the contents from contamination.
Such wrapper or package shall bear prominently on the outside thereof,
in legible letters, the name of the manufacturing baker, the day of
manufacture and the following statement: "Refrigerate and Consume
Today."
E.
Condemnation. Custard-filled or whipped cream pastry or perishable food manufactured, kept, displayed or served in violation of the provisions of § 168-22 of this chapter is hereby declared to be dangerous to the public health and, as such, subject to condemnation by an authorized representative of the Board or Health Officer.
F.
Transportation of bakery products. No person shall transport or deliver
bakery products unless such products are fully enclosed in a clean
and sanitary container. Multiple-use containers shall be of such design
and construction as to facilitate cleaning and shall be kept clean
and sanitary. The reuse of cardboard or paper containers or liners
is prohibited.
A.
No article, polish or other substance containing any cyanide preparation
or other poisonous materials shall be used for the cleaning, disinfecting
or polishing of utensils or containers used in the preparing or handling
of any food or drink.
B.
No substance containing cyanide, fluoride, lindane or other poison
shall be stored 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.
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 an 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 or Health Officer 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
or Health Officer for such reasonable period of time as may be required
to make investigations 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 or Health Officer.
A.
Whenever the proprietor of a food establishment shall fail to keep
his food 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 or Health Officer, upon proper notification, shall order
such food establishment 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 food 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 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 or Health Officer.
