Definitions. The following words and terms, when used
in this chapter, shall have the following meanings unless the context
clearly indicates otherwise:
ADULTERATED FOOD
Food which:
(1)
Bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health;
(2)
Bears or contains any added poisonous or deleterious
substance for which no safe tolerance has been established by regulation,
or in excess of such tolerance if one has been established;
(3)
Consists in whole or in part of any filthy,
putrid or decomposed substance, or if it is otherwise unfit for human
consumption;
(4)
Has been processed, prepared, packed or held
under unsanitary conditions, whereby it may have become contaminated
with filth or rendered injurious to health;
(5)
Is in whole or in part the product of a diseased
animal, or an animal which had died otherwise than by slaughter; or
(6)
Is in a container composed in whole or in part
of any poisonous or deleterious substance which may render the contents
injurious to health.
CORROSION-RESISTANT MATERIAL
A material which maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds and sanitizing
solutions which may be in contact with it.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
EASILY CLEANABLE
Readily accessible and of such material and finish, and so
fabricated that residue may be completely removed by normal cleaning
methods.
EMPLOYEE
Any cook, waiter, kitchen help or other employee of any kind
in a food establishment who, in any manner whatever, handles or comes
in contact with any food or drink served to or provided for the public,
and the proprietor or any member of the proprietor's family who handles
said food or drink.
EQUIPMENT
All stoves, ranges, hoods, meatblocks, tables, counters,
refrigerators, sinks, dish-washing machines, steam tables and similar
items, other than utensils, used in the operation of a food-service
establishment.
FOOD
Any raw, cooked or processed edible substance, beverage or
ingredient intended in whole or in part for human consumption.
FOOD-CONTACT SURFACES
Surfaces of equipment and utensils which normally come in
contact with food, directly or indirectly.
FOOD ESTABLISHMENT
A public eating and drinking place, as defined herein, a
retail food establishment, as defined herein, a temporary public eating
and drinking place, as defined herein, and any other place regulated
herein.
GARBAGE
All putrescible wastes, except sewage and body waste, including
animal and vegetable offal.
LICENSOR
Middletown Township, Delaware County, Pennsylvania Department
of Health.
PERSON
Any individual, partnership, association, corporation or
other entity.
POTENTIALLY HAZARDOUS FOOD
Any perishable food which consists in whole or in part of
milk or milk products, eggs, meat, poultry, fish, shellfish or other
ingredients capable of supporting rapid and progressive growth of
infectious or toxigenic microorganisms.
PROPRIETOR
Any person, partnership, association, corporation or other
entity conducting or operating a food establishment within the Township.
PUBLIC EATING AND DRINKING PLACE
Any public establishment within the Township which serves
food or drink to customers or patrons and which is regulated by the
provisions of this chapter.
PUBLIC ESTABLISHMENTS
Any place in which or at which food and/or drink is served
to one or more individual or individuals, other than within a residential
household or family dwelling unit and other than at the Fair Acres
Geriatric Center (which Center is owned and operated by the County
of Delaware and has dietary departments which are reviewed for food
preparation, service, distribution and sanitation standards by the
Commonwealth of Pennsylvania Department of Health, Division of Long
Term Care), regardless of whether money is paid for such food or drink,
whether the place or server is a profit or nonprofit entity, whether
food service is the primary function of the establishment or whether
individuals are served only at the invitation of the establishment
or members of the establishment. "Public establishment" shall include
but not be limited to hospitals, medical and health care facilities,
nursing homes, schools and other educational facilities, employee
cafeterias, penal institutions and any other place where food is served
to one or more individual or individuals, other than within a residential
household or family dwelling unit and other than at the Fair Acres
Geriatric Center.
REFUSE
All nonputrescible wastes generally regarded and classified
as rubbish, trash, junk and similar designations which have been rejected
by the owner or possessor thereof as useless or worthless.
RETAIL FOOD ESTABLISHMENT
Any place, whether temporary or permanent, stationary or
mobile, where food or drink is packaged, stored, served, sold or offered
for sale directly to the consumer.
SAFE TEMPERATURE
Applied to potentially hazardous food, an internal temperature
of 45° F. or below and 140° F. or above.
SANITIZE
Effective bactericidal treatment of clean surfaces of equipment
and utensils by a process which has been approved by the Department
as being effective in destroying microorganisms, including pathogens.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation.
SEWERAGE SYSTEM
Any system, whether community or individual, publicly or
privately owned, for the collection and disposal of sewage or industrial
wastes of a liquid nature, or both, including various devices for
the treatment of such sewage or industrial wastes.
SINGLE-SERVICE ARTICLES
Cups, containers, lids or closures, plates, knives, forks,
spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping
materials and all similar articles which are constructed wholly or
in part from paper, paperboard, molded pulp, foil, wood, plastic,
synthetic or other readily destructible materials, and which are intended
by the manufacturers and generally recognized by the public for one
use only and then to be discarded.
SOURCE
Any well, spring, cistern, infiltration gallery, stream,
reservoir, pond or lake from which water is taken, by any means, either
intermittently or continuously, for use by the public.
TEMPORARY PUBLIC EATING AND DRINKING PLACE
Any public eating or drinking place which operates at any
location for a temporary period of time not to exceed more than 14
consecutive calendar days, regardless of whether the establishment
operates continuously during this time, in connection with a fair,
carnival, circus, public exhibition or similar transitory gathering.
Mobile food-service establishments shall be considered "temporary
public eating and drinking places" for the purposes of this chapter.
TOWNSHIP
The Township of Middletown, Delaware County, Pennsylvania.
UTENSILS
Any tableware and kitchenware used in the storage, preparation,
conveying or serving of food.
WATERS OF THIS COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, lakes, dammed
water, ponds, springs and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of this commonwealth.
WATER SUPPLY
A source or sources of water, as well as any and all water
treatment, storage, transmission and distribution facilities.