As used in this article, the following terms shall have the
meanings indicated:
Any person who transports, distributes or sells to the public
prepared foods or perishable food, of a kind deemed by the Board to
be capable of causing human foodborne illness, from any truck, trailer,
cart, bicycle or other vehicle or from any vending machine, container
or other type of equipment.
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.
Any self-service device offered for public use which, upon
insertion of a coin or token, or by other means, dispenses unit servings
of food or beverage, either in bulk or in package, without the necessity
of replenishing the device between each vending operation.
A.
Applications for licenses shall be on forms provided by the Board
or Health Officer, which applications shall set forth the name, residence
and business address of the applicant and the names of the persons
operating the establishment or establishments from which the prepared
or perishable food will be obtained.
B.
Every food vendor shall, upon demand, furnish to the Board such additional
information as the Board 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 food supplied
shall result in the refusal to issue or the revocation of the food
vendor's license.
A.
It shall be unlawful for any person to sell or distribute to the
public prepared or perishable food from any food vending vehicle or
from any vending equipment without obtaining a license from the Board
of Health of Eddystone Borough or Health Officer. The fee for such
a 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 to 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 date of the existing license.
B.
A license will not be issued to any person until the Health Officer
or any of the proper authorities has inspected and approved the establishment
and equipment from which the food is to be obtained, and such licensee,
manufacturer or producer shall pay a fee for such inspection in the
amounts as set from time to time by resolution of the Borough Council
for the first vehicle and for each additional vehicle. In the case
of food and beverage vending machines, the annual inspection fees
shall be as set from time to time by resolution of the Borough Council
per location for the first two machines and for each additional machine.
A sticker shall be affixed to the apparatus indicating that it has
been licensed for the current year.
C.
Any such establishment shall be equipped and operated in compliance with the provisions of Article I of these rules and regulations or requirements of the Board now in effect or hereafter adopted. The license shall at all times be kept posted prominently in the food vending vehicle or on the equipment.
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.
Article III of these rules and regulations shall not apply to:
A.
The transportation and wholesale delivery of food or produce to retail
food stores for the purpose of resale.
B.
The transportation and delivery of food to public eating and drinking places duly licensed under Article I of these rules and regulations.
C.
Any manufacturer or producer in the sale of meat and meat products and milk and milk products. Nothing contained in Article III of these rules and regulations shall, however, relieve any person engaged in the manufacture, distribution and sale of milk and milk products from complying with the Milk Code.
The Director of Health and/or the Health Officer shall be permitted
to enter upon any private or public property in this Borough where
vending equipment is operating to inspect the servicing, maintenance
and operation of such equipment for the purpose of determining compliance
with the provisions of these rules and regulations. The operators
of vending machines shall make provisions for the Director of Health
and/or the Health Officer to have access to the interior of all vending
machines operated by him/her.
A.
No person who is affected with any disease in a communicable form
or a carrier of such disease shall work as a food vendor, and no food
vendor shall employ any such person or persons suspected of being
affected with any disease in a communicable form or of 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 the Borough Director
of Health and/or the Health Officer in writing immediately.
B.
Procedure where 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
to the public, the Director of Health and/or the Health Officer is
authorized to require the proprietor to forthwith carry out any of
the following measures:
A.
The floors, walls, ceiling, shelves, compartments and container holders
in food vending machines shall be of such construction as to be readily
cleaned and shall be kept clean and in good repair. Food vending vehicles
shall be equipped to provide light of not less than 10 footcandles
at the face of the shelf, display or storage space at such time as
food shall be dispensed therefrom.
B.
In establishments where new installation of vending equipment is
made, such equipment shall be equivalent to or in excess of that specified
by the National Sanitation Foundation standards.
C.
Syphon breakers shall be installed on all water-supplied vending
equipment.
D.
Refrigerating equipment of approved design shall be provided on any
food vending vehicle or equipment from which perishable foods are
dispensed.
E.
Cold beverages, sandwiches and other perishable foods shall be kept
under dry refrigeration at a temperature of 40° F. or lower.
A.
There shall be no preparation of food on the vending vehicle. All food shall be prepared and wrapped in a licensed establishment complying with all of the provisions of Article I of these rules and regulations.
B.
Food to be distributed by any food vendor shall be protected from insects and the elements. All food in the possession of a food vendor shall be packaged or wrapped and sealed in unbroken, individual containers and remain therein until received by the customer. Beverages shall be distributed in the original container or from an automatic vending machine of approved type designed to dispense the beverage in a single-service container from bulk. Water carried in food vending vehicles shall be clean and cold and shall conform to the provisions of Article IV of these rules and regulations.
A.
Garbage and trash shall at all times be kept in metal containers
with tight-fitting lids and disposed of at frequent intervals so as
not to create a nuisance.
