[HISTORY: Adopted by the City Council of the City of Greensburg: Art. I, 4-14-1980 by Ord. No. 1093; Art. II, 7-10-1989 by Ord. No. 1417; amended in its entirety 8-8-2016 by Ord. No. 2067.Subsequent amendments noted where applicable.]
This chapter shall be known as the "Licensure, Inspection and Regulation of Retail Food Facilities (RFF) of the City of Greensburg."
As used in this chapter, the following terms and/or acronyms shall have the following meanings:
- American National Standards Institute Conference for Food Protection.
- FARMERS MARKET
- Shall not be defined as a single food establishment; farmers market stand shall be defined as a single food establishment that does not make food on site for the purposes of this chapter.
- The United States Food and Drug Administration.
- Food employee certification; provides for the training and certification of food handlers and requirement for a certified food employee in retail food facilities.
- FOLLOW-UP INSPECTION
- Uniform terminology and is the same as reinspection.
- FOOD ESTABLISHMENTS
- Limited to wholesale operations to include food processors, home food processors, warehouses and distributors.
- FOOD TRUCK
- Any motorized or nonmotorized vehicle, including but not limited to carts, stands, kiosks, any other device designed to be portable and not permanently attached to the ground and ancillary equipment from which food products are sold, or intended to be sold, by a food truck vendor and prepared from within the truck.
- FOOD TRUCK VENDOR
- A person who sells, intends to sell, or offers to sell food products, in a private lot or about the streets of the City from a food truck.
- Local health department.
- Pennsylvania Department of Agriculture.
- Potentially hazardous food; the most current definition in the FDA Model Food Code and thus updated to conform to current scientific knowledge and national standards.
- Retail food facility; includes eating and drinking places and retail food establishments that relinquish possession of food directly or indirectly, packaged or unpackaged to a consumer. This does not include food trucks. A special provision for food trucks is under § 127-5.
- Temporary food facility; a RFF that operates no more than 14 calendar days or a RFF operating in conjunction with a specific fair, carnival or similar event.
For the purpose of protecting the health, safety and welfare of citizens utilizing retail food facilities in the City of Greensburg, the City of Greensburg does hereby set forth license requirements, inspection schedule and standards, food employee certification requirements, associated fees and exemptions from the same for said establishments in the City of Greensburg in compliance with Pennsylvania Act 106 of 2010. Act 106 strengthens oversight of food safety inspections for all retail food facilities, or restaurants and retail food stores, by amending the 1945 Public Eating and Drinking Place Act and the 1994 Food Act. Implementation of the Act updates food safety laws to reflect modern food science, eliminates duplication of inspections, provides more uniform inspections, amends food employee certification (FEC) requirements and addresses deficiencies more thoroughly.
This chapter shall apply to every RFF in the City of Greensburg to include all eating and drinking places. Food trucks and retail food establishments in the City of Greensburg.
Incorporated herein by reference thereto as set forth at length therein is Act 106 of 2010 amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes (Pa.C.S.A.), codifying and modifying the Public Eating and Drinking Places Act (Act 369) and the Food Act (Act 70) known as Pa.C.S.A. Chapter 57 Food Protection with Subchapter A, Retail Food Safety Act, and Subchapter B, Food Safety Act, and C.S. Chapter 65, Food Employee Certification.
Regulatory standards for retail food facilities will be uniform throughout the Commonwealth of Pennsylvania and modeled after the United States Food and Drug Administration (FDA). The Pennsylvania Department of Agriculture (PDA) is the standard to be followed and applied. The current PDA Food Code, Chapter 46, will be utilized until new Food Code regulations are written and the City is notified by PDA.
All mandates, revisions and amendments to state and federal laws shall supersede this chapter or parts of this chapter in conflict with any of the state or federal provisions.
License required. A food truck license is only good for one calendar year. Every person defined herein as a food truck/food truck vendor, whether acting on his/her own behalf, as principal, or as employee/agent of another, shall obtain a license as hereinafter provided:
Application. Application for a food truck eating and drinking license shall be on forms provided by the City. The application shall be completed in its entirety and signed by the applicant. Each owner or operator shall include sufficient information in the application about each employee operating in the City and shall file the application together with two photographs of the face of the applicant and each employee, accurately depicting the applicant's and employee's appearance, approximately two inches by three inches in size.
A facility plan for review by the City Health Officer shall be submitted with the initial application for a food truck.
Operators shall provide a certified copy of a contract as proof of using a grease rendering company (if applicable) with the facility plan which is contracted to dispose of used cooking grease.
Operators shall provide information within the facility plan concerning a potable water source and shall include a certified copy of a contract as proof of using a wastewater disposal company (if applicable) which is contracted to dispose of wastewater.
Waiting period for action on the application. A thirty-day waiting period, not including weekends or holidays, shall be required between the submission of the application for a food truck license and action on it by the City.
During the thirty-day waiting period, the City shall in all cases where items are proposed to be sold for human consumption, review and approve the facility plan, including the equipment to be used for the operation in retail sales and ensure compliance with the Commonwealth of Pennsylvania, State Regulation, Title 7, Chapter 46 "Food Code Regulation." The City shall also verify the vehicle identification number and current matching registration and proof of current financial responsibility (liability insurance) for any vehicle used for the peddling of food items. The vehicle owner shall also provide, in all cases, proof of current business liability insurance associated with the product or products provided for sample or being sold for human consumption.
After the thirty-day waiting period, the City of Greensburg's Health Officer and/or Planning Director shall approve or deny the issuance of a food truck license. The Planning Director and/or Health Officer shall have the right to deny any application for just cause.
Responsibility for payment of taxes. Food trucks must comply with Pennsylvania and federal tax regulations.
License. The health license shall contain the information required on the application along with the expiration date and one of the photographs that were submitted with the application. The license shall also contain the vehicle registration plate number and state of issue. The license shall be displayed in a conspicuous location on/or within the vehicle at all times during operation.
Term of license and fees. The term for a food truck health license shall be specified on the license and shall not exceed one calendar year. The fee for food trucks shall be set by City Council. As of the date of enactment of this amendment to the City Code, the fee shall be $800 per year for any food truck that operates from 10:30 p.m. to 3:00 a.m. and $1,200 per year for any food truck that operates both from a private lot and during the hours of 10:30 p.m. and 3:00 a.m.
Exceptions. The City's Health Officer/City Planning Director shall have the right to permit an individual or group application for a temporary food truck license under the following conditions: The food truck license is in connection with an event or activity sponsored or conducted by the City of Greensburg, or some other entity with approval from the City to hold an event in the City of Greensburg. In the event the food truck is approved under this section, the food truck vendor may be granted relief from some of the requirements of § 127-5B, and the fee shall be $100 per event. The event fee is specific for each event and is not transferable from event to event. Any food truck licenses that have paid the yearly fee may be exempt from paying a special event fee, but the food truck vendor must register the food truck with the City's Health Officer for each event in order to determine compliance with all aspects of this code and any other City code that may be in place.
Suspension or revocation of a food truck health license. The City Health Officer or Planning Director is authorized to suspend or revoke, for a specific period of time, any license issued under this chapter for any of the following reasons:
If the licensee or others named in the license are convicted of a felony or misdemeanor during the period the license is in effect.
If the City Health Officer or Planning Director or any member of the City Police Department determines the status of the authenticity of the food truck vendor has changed.
If the food truck vendor has given false information on the application.
If unsafe or harmful goods are being sold to the public.
If it is determined that the food truck vendor is not following the law as herein stated.
Appeals. Any person whose application for a food truck health license is denied, or whose license is suspended or revoked for an administrative reason, or for a violation of any state or local ordinance in the City may appeal such action to City Council and follow the process as described in § 205-3D.
Refuse and recycling. Food trucks must provide their own containers for disposal of refuse and recyclables and shall not use the trash receptacles provided for public use on any sidewalk or right-of-way in the City nor shall they use any City dumpster.
Motor vehicle compliance. Each food truck operating in the City shall have a valid registration plate, valid inspection sticker and proof of vehicle liability insurance in accordance with Title 75 of the Pennsylvania Motor Vehicle Code.
Hours of operation. Hours of operation for food trucks shall be 10:30 p.m. to 3:00 a.m. in the Downtown District any night of the week for regular food truck health yearly Licensees; Event schedule for special events and specific times of 8:00 a.m. to 8:00 p.m. for private lots. At no time can a food truck locate in a residential area unless permission has been given for said event. Hours of operation for a residential event shall be determined and noted on the special residential event license.
Requirements for food trucks.
Food trucks shall not occupy a stationary location on any public sidewalk. City streets in the Downtown District may be occupied by food trucks after 10:30 p.m. until 3:00 a.m. Food trucks shall not conduct business through a window or over a counter which extends into a roadway laned for vehicular traffic. There shall be no interference with or blocking the movement of any pedestrians or vehicles by the food truck.
Food trucks shall not remain in a stationary (nonmoving) location at any time to solicit sales on any street in the City during any time other than the time period listed above.
Food trucks shall not make or cause to be made any loud noises to attract attention.
Food trucks shall not conduct business from any parking garage, parking deck or public parking lot in the City. Lynch Field's farmer's market vendors are the exception. Food trucks may also participate in the farmer's market at Lynch Field as long as they have a yearly food truck license.
Food trucks shall only use the signage on their truck. Portable or sandwich board signs are prohibited.
A food truck license can be revoked at any time by the City of Greensburg based on complaints regarding food, noise, garbage or other situations that the City determines to be detrimental to the community.
Restrictions for food trucks operating on private property.
Food trucks may operate on private property that is zoned commercial with permission of the owner granting permission and approval from the Planning and Development Department but only on commercial property that is located 500 feet from an existing brick and mortar health licensee.
Food trucks may operate on a residential private property as a one-time event and must follow the above-mentioned requirements for temporary licensees and be approved by the Planning and Development Department.
The City's LHD is responsible for inspecting all RFFs in the City of Greensburg. The PDA will no longer license or inspect RFFs in the City of Greensburg.
The LHD must provide a copy of each RFF inspection report within 30 days of the inspection date to the PDA for posting on the state's food safety website at www.EatSafePA.com.
The PDA may require by regulation that inspections be submitted on specific forms or in a specific electronic format.
The PDA Food Code will be the state minimum and maximum standard for all inspections and can be found at www.EatSafePA.com. Inspection frequency at all RFFs is set, at a minimum, annually.
The Food and Drug and Cosmetic Act and federal regulations relating to food will be the City of Greensburg's regulation.
Water standards are established to conform with the Pennsylvania Safe Drinking Act and regulations instead of the Federal Drinking Water Standards.
The LHD shall contact the PDA when a RFF with a frozen dessert machine is operating without a frozen dessert license posted.
Every RFF in the City of Greensburg will be inspected and licensed by the LHD. The PDA will no longer inspect a RFF located in the City.
Farmers market. All farmers market stands that sell food to the public are considered individual food retail facilities and must pay the annual renewal fee unless considered exempt and included under Subsection G of this section, entitled "Exemptions." A farmers market will no longer be considered the license holder. Each stand is subject to a licensing fee unless only raw agricultural commodities, as defined in the PDA Food Code, are sold.
The City's LHD will inspect and license schools and organized camps in the City of Greensburg using the same inspection criteria as a RFF. The PDA will assist the LHD and provide training upon request.
Churches or other religious entities, if exempt as an IRS Section 501(c)(3) and not subject to business income taxation under Sections 511, 512 or 513 if activities are open to the public more than three days per year, are subject to inspection.
Temporary licenses. Licensing for a TFF, temporary food facility, as defined, shall be issued to an RFF operating no more than 14 calendar days in one calendar year, or in conjunction with a specific fair, carnival or similar event.
The City's LHD will inspect and license only the retail food areas of PDA-registered food establishments. Refer to § 127-9 in this chapter.
By order of City Council, the following food facilities and nonprofit entities are exempt from licensing in the City of Greensburg:
A RFF that operates no more than three calendar days within a calendar year.
Charitable nonprofits managed by an organization that supports extracurricular activities for school-aged youth (i.e., boosters, boy/girl scouts, little league, softball, other recreational sports clubs).
A RFF in which food and drinks are sold only through vending machines.
Food banks owned by charitable nonprofits.
Soup kitchens owned by charitable nonprofits.
Churches or other religious entities if exempt as an IRS Section 501 (c)(3) and not subject to business income taxation under Sections 511, 512 or 513 if activities are not open to the public.
Licensed nonprofits and those listed as exempted from licensing in this Subsection I are allowed to accept donated, home-prepared, non-PHFs to serve with their meals/events.
Organizations that use or offer the food for human consumption must inform consumers that they use or offer food that has been prepared in a private home that is not licensed or inspected.
In compliance with the Food Safety Act, Chapter 57, Subchapter B of the PDA Food Code, registration, inspection and regulation of food establishments conducting manufacturing, packaging, storage, and distribution of food within the City of Greensburg shall be as follows:
The PDA has primary authority over registration and inspection of food establishments as defined in § 127-1.1 of this chapter.
The City's LHD shall inspect and license only the retail food area of PDA-registered food establishments.
Inspection standards for registered food establishments are listed under Subsection B(3) and (4) of § 127-7 of this chapter.
Interagency coordination and communication approach is mandated for the City's LHD regarding sampling, food-borne illness and reported findings to protect the public health and food supply.
After January 22, 2011, the PDA will no longer issue PDA FEC certificates or collect a fee for the same. The City's LHD will continue to accept current PDA FEC certificates, as meeting the requirements of this section, until their expiration date. Once expired, a nationally accredited certificate as further described in Subsection A(3) of this section must be displayed in the facility for the certified food handler. The LHD will monitor and enforce RFF FEC and food trucks in the City of Greensburg in compliance with Chapter 65, Food Employee Certification.
Every licensed RFF and food truck in the City of Greensburg must:
Have one certified person per facility with the exception of those listed in Subsection B of this section as exempted from this requirement. The certified person shall:
After the date of expiration of a current PDA-issued FEC certificate, hold a FEC and post a valid nationally accredited food protection certificate obtained through the training and instruction of the certified person using one of three nationally ANSI-CFP-accredited programs, including ServSafe, Thomson Prometrics and/or the National Registry of Food Safety Professionals. Information and a listing of trainers and instructors are on the PDA website at www.EatSafePA.com. Recertification requirements are set forth by each of the nationally accredited provider programs.
Within 90 days of becoming a newly licensed RFF, certify an employee under the requirements of this chapter. A RFF that loses its certified employee has 90 days within which to certify another employee.
Keep records to verify certified employees' employment and certification, and such records must be made available to the LHD inspection official.
Food employee certification exemption. The only exemptions from the FEC requirement shall be:
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. A penalty may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct. Each act of violation and every day upon which such a violation occurs shall constitute a separate offense.