As used in this article, the following terms shall have the meanings indicated:
CUSTARD MIX and CUSTARD-FILLED
Refers 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.
FOOD ESTABLISHMENT
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.
LICENSE
The permission granted to a licensee to conduct a food establishment.
LICENSEE
A holder of a license.
LICENSOR or BOARD
The Board of Health of the Borough of Prospect Park.
OFFERED FOR SALE
The keeping or displaying of any food or drink in any store, place, dispenser or vehicle in the manner in which food or drink is ordinarily kept or displayed.
PERISHABLE FOODS
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.
SHELLFISH
Includes oysters, clams, scallops or mussels, fresh or frozen, and any shrimp, crab or lobster, fresh, frozen or cooked but not packed in a sealed container, and any other mollusks, fresh or frozen, intended for human consumption.
[Amended 9-8-1970 by Ord. No. 878, approved 9-8-1970; 5-11-2004 by Ord. No. 1253, approved 5-11-2004]
A. 
It shall be unlawful for any person to operate a food establishment in the Borough who does not possess a license from the Board of Health of Prospect Park.
B. 
The fee for such license shall be $35 per year, which shall include two inspections. Additional inspections shall be $35 per reinspection.
C. 
Licenses shall be granted for one year (March 1 to February 28) or portion thereof.
D. 
Such licenses shall be conspicuously displayed at all times in the place thereby licensed and shall not be transferable.
E. 
Application for renewal shall be made at least 10 days before expiration of the existing license.
No person shall operate or maintain any food establishment otherwise than in a clean and sanitary condition and so as to conform at all times to the requirements of these rules and regulations. The person in charge of and every food handler employed in any food establishment shall observe and comply with the provisions of these rules and regulations relating to the operation or maintenance of such food establishments and any other rules and regulations hereafter adopted.
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof, or install equipment therein, which is being used or is proposed for use as a food establishment without first submitting plans for approval thereof as provided under § 93-25 of this chapter.
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 and shall be smooth and clean and in good repair.
C. 
Walls and ceilings. 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 periods 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 subsection.
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.
G. 
Toilets and lavatory facilities. Adequate lavatory facilities, including toilets, handwashing facilities, hot and cold running 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.
(1) 
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 the premises.
(2) 
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.
(3) 
The toilet shall be kept clean and in good repair, and the toilet room shall be well-lighted and properly ventilated by exterior windows or other mechanical means. The walls and ceiling shall be of a smooth, washable surface and shall be finished in a light color.
(4) 
Handwashing facilities with 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 room used by food handlers. No food handler shall return to work after using the toilet without first washing his hands.
(5) 
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 handwashing facilities required. In any food establishment where frequent handwashing is necessary to prevent contamination of food during processing, manufacture or preparation, separate handwashing 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 workspace.
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.
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 is prepared or dispensed.
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 the purpose. Clothing shall not be hung or placed in proximity to exposed food or drink. When required by the Health Officer, suitable and adequate rooms for changing clothes and locker space will 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 for spoilage. Food displayed or exposed for retail sale shall be kept at least 24 inches above the floor unless it is completely enclosed by coverings or containers.
(2) 
All deliveries of perishable foods to food establishments shall be made inside the store unless food is stored in containers approved by the Board of Health.
B. 
Animals prohibited. No live animal or fowl shall be permitted or kept in any room where food or drink is stored, prepared, handled or served.
A. 
In all new establishments or in establishments where alterations are made and where multiuse 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 of a size 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.
(1) 
Accepted methods of handwashing (three-compartment sink).
(a) 
Wash (water 110° to 130° F.).
(b) 
Rinse (warm water).
(c) 
Sanitize (water 180° F. for two minutes).
OR
(a)
Wash (water 110° to 130° F.).
(b)
Rinse (warm water).
(c)
Sanitize with a chemical, such as:
[1] 
Hypochlorite compounds or chlorine-containing compounds of equal efficiency at a minimum concentration of 100 parts per million for at least one minute.
[2] 
Quaternary ammonium compounds at a minimum concentration of 200 parts per million for at least one minute.
[3] 
Iodoform compounds at a minimum concentration of 12.5 parts per million for at least one minute.
(2) 
Manual dishwashing facilities shall have thermometers accurate to 3° F. convenient to dishwashing facilities.
B. 
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.
C. 
The proprietor of the food establishment shall have available upon the premises of the establishment the original container in which the chemical sanitizer currently employed was received from the distributor.
A. 
Cleansing process. In all food establishments adequate cleansing of utensils is required. An adequate supply of 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.
B. 
In all new establishments or in establishments where alterations are made, a service sink of a size not less than 20 inches wide, 24 inches long and 12 1/2 inches deep shall be provided for the cleaning of janitor's supplies.
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.
In every food establishment adequate and suitable metal containers with tight-fitting lids shall be provided and used to receive waste and refuse. All refuse shall be removed from the premises at frequent intervals so as not to create a nuisance.
A. 
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.
B. 
The following temperatures shall be maintained at all times:
Food
Temperature
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
C. 
Indicating thermometers shall be provided in all refrigerators and refrigerated cases and shall be so located as to indicate an accurate temperature reading in the upper one-fourth part of the refrigerated storage section.
A. 
No food or drink which is impure, decomposed 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.
B. 
All unlabeled canned goods and cans showing rust, leakage or evidence of internal pressure shall not be offered for sale or given away.
A. 
No substance containing any cyanide, fluoride, lindale or other poison shall be kept or used as an insecticide or exterminator in any place where food or drink is exposed during the 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 an authorized agent of either the Bureau of Animal Industry, United States Department of Agriculture, or the Bureau of Animal Industry, Pennsylvania Department of Agriculture. The Board of Health 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 inspections, including the facilities for making the same, the requirements with respect to the sanitation of the establishment and the marking, branding or identifying of the 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 slaughterhouse or meat canning, curing, smoking, salting, packing, rendering or other similar establishment where meat or meat products are prepared for sale in the Borough, regardless of whether such establishment is located within the Borough, shall be subject to inspection by the Board of Health.
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 his 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 keep for 60 days an accurate record 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 the 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. The said records shall be subject to inspection by 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 can is prohibited.
E. 
All establishments in which shellfish are shucked, washed, packed, repacked, stored or otherwise handled shall conform to all the provisions of this article of this chapter.
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 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 such containers 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 on 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 12:00 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 temperature 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 be 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 this section is hereby declared to be dangerous to the public health and, as such, subject to condemnation by an authorized representative of the Board of Health.
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. 
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 of Health for examination as often as may be deemed necessary for the detection of an impure or unsanitary condition.
B. 
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, 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 this Board 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 this Board.