[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 5-14-1998 by Ord. No. 559 (Ch. 10, Part 6, of the 1987 Code of Ordinances). Amendments noted where applicable.]
Alcoholic beverages — See Ch. 155.
Business use registration — See Ch. 208.
Construction standards — See Ch. 240.
Dumpsters and storage containers — See Ch. 274.
Entertainment and temporary uses — See Ch. 282.
Property maintenance — See Ch. 429.
Sewers and sewage disposal — See Ch. 455.
Solid waste — See Ch. 484.
Vector control — See Ch. 542.
Zoning — See Ch. 600.
The Health Officer of the Township of Upper Chichester shall have the power, and it shall be his duty, to enforce the laws of the Commonwealth of Pennsylvania, the regulations of the Pennsylvania State Department of Health, and the ordinances of the Township of Upper Chichester relating to health work, and to make and enforce such additional rules and regulations to prevent the introduction and spread of infectious or contagious diseases, and by abating and removing all nuisances which he shall deem prejudicial to the public health, to mark infected houses or places and make other rules and regulations as he shall deem necessary for the preservation of the public health. Such rules and regulations, when approved by the Township Commissioners, and when advertised in the same manner as other ordinances, shall have the force of ordinances of the Township.
As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
- The condition of a food:
- A. If it bears or contains any poisonous or deleterious substance in a quantity which is likely to render it injurious to health;
- B. If it 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;
- C. If it consists in whole or in part of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption;
- D. If it has been processed, prepared, packed or held under unsanitary conditions whereby it is likely to have become contaminated with filth or whereby it is likely to have been rendered injurious to health;
- E. If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter; or
- F. If its container is composed in whole or in part of any poisonous or deleterious substance which is likely to render the contents injurious to health.
- Accepted as satisfactory to the Health Officer.
- ASSISTANT HEALTH OFFICER
- Duly authorized representative of the Health Officer of Upper Chichester Township.
- CUSTARD MIX AND CUSTARD-FILLED
- 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 éclairs which may be heated subsequent to filling.
- Any person who handles food or drink during the preparation or serving or comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served. This shall include an individual proprietor or any member of the proprietor's family who handles food and drink.
- All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a public eating and drinking place or a food establishment.
- 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
- 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.
- All putrescible wastes, except sewage and body waste, including animal and offal.
- HEALTH OFFICER
- The Health Officer of the Township of Upper Chichester or his/her authorized representative(s).
- ITINERANT PUBLIC EATING AND DRINKING PLACE
- A place or establishment operating for a temporary period not to exceed 14 days in connection with a fair, carnival, circus, public exhibition or similar gathering.
- The permission granted to a licensee to conduct a public eating and drinking place, food establishment or itinerant public eating and drinking place.
- A holder of a license.
- The Health Officer of the Township of Upper Chichester.
- MOBILE FOOD OPERATIONS
- A motorized vehicle, which may, upon issuance of a permit
by the Township and conformance with the regulations established by
this chapter, temporarily park within a parking lot, park or upon
a publicly dedicated street or area, to engage in the service, sale
or distribution of ready-to-eat food for individual portion service
to the general public, directly to the vehicle. This term shall include
trucks and/or trailers used for food vending.[Added 4-11-2019 by Ord. No. 732]
- MOBILE FOOD VENDOR
- The owner and/or operator of a mobile food truck/trailer
or the owner's agent, hereinafter referred to as "vendor."[Added 4-11-2019 by Ord. No. 732]
- NONPERMANENT RESTAURANT OPERATIONS
- A ready-to-eat food service, which is operated from a temporary,
nonpermanent structure (including but not limited to a trailer, shed
or other nonpermanent structure on a property) specifically excluding
tents as an accessory to an existing principal use on a property.
Restaurant operations deemed to be nonpermanent must comply with all
provisions of the Upper Chichester Township Zoning Ordinance. Any other structures must be preapproved by the Township.
Tents for said operations are specifically prohibited unless specifically
authorized on a case-by-case basis after a request to the Board of
Commissioners for their use.[Added 4-11-2019 by Ord. No. 732]
- A public nuisance affecting health.
- ODOR EMISSIONS
- Fugitive or malodorous air contaminants emitted into the outdoor atmosphere from any source in such a manner that the contaminants are detectable outside the property of the person on whose land the source is being operated.
- The owner or owners of any building or structure, whether individual, firm, corporation, association or partnership.
- PERISHABLE FOOD
- Any food of such type or in such condition as may spoil.
- Any individual, firm, corporation, association or partnership, and includes the plural as well as the singular, and the female as well as the male.
- POTENTIALLY HAZARDOUS FOOD OR DRINK
- Any perishable food or drink 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.
- Any person, partnership, association or corporation conducting or operating within the limits of the Township a public eating and drinking place or a food establishment or an itinerant public eating and drinking place.
- PUBLIC EATING AND DRINKING PLACE
- Restaurant; coffee shop; cafeteria; short-order cafe; snack bar; or any other place where food, drinks or refreshments are served, sold, or prepared and sold or given away to be consumed on the premises; provided, however, that this definition shall not be interpreted to include boardinghouses or private homes.
- All nonputrescible wastes generally regarded as rubbish, trash, junk and similar debris which have been rejected by the owner or possessor thereof as useless or worthless.
- Effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the Pennsylvania Department of Health as being effective in destroying microorganisms, including pathogens.
- Includes oysters, clams, scallops or mussels, fresh and frozen; 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.
- SINGLE-SERVICE ARTICLES
- Cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, 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 material, and which are intended by the manufacturers and generally recognized by the public for a one-time use only, and then to be discarded.
- 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.
- Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
- Any substance that contains any of the waste products or excrements 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.
- WATER SUPPLY
- A source or sources of water, as well as any and all water treatment, storage, transmission and distribution facilities.
It shall be unlawful for any person to operate a public eating and drinking place or a food establishment or an itinerant public eating and drinking place in the Township who does not possess a license from the Health Officer of Upper Chichester Township. The fee for such a license shall be fixed by resolution of the Board of Commissioners and may be amended from time to time. Licenses shall be granted for a period of one calendar year or portion thereof. 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 10 days before the expiration of the existing license. Licenses may be suspended or revoked for violations by the holder thereof of the provisions of this chapter. No license shall be suspended or revoked without the licensee being given a hearing before the Board of Health.
No person shall operate a public eating and drinking place or a food establishment or an itinerant public eating and drinking place without first obtaining a license from the Health Officer of the Township of Upper Chichester and paying an inspection fee for the calendar year or portion thereof to defray the administrative costs of inspections, consultation and servicing of the food sanitation program of the Township of Upper Chichester. All such inspections shall be for the purpose of ascertaining compliance with the provisions of this chapter. Fees required under this section shall be fixed by resolution of the Board of Commissioners and may be amended from time to time.
When a public eating and drinking place or a food establishment is hereafter constructed or extensively remodeled or when an existing structure is converted for use as a public eating and drinking place or a food establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas and the location, size and type of fixed equipment and facilities shall be submitted in duplicate to the Health Officer for approval before such work is begun. No building permit shall be issued by the Building Inspector until such approval has been given by the Health Officer.
Enclosures. Every public eating and drinking place, food establishment, and itinerant public eating and drinking place 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, including compliance with all subsections of this section.
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 kept clean and in good repair. The floors of all rooms in which food or drink is prepared or stored, or in which utensils are washed, shall be constructed of material impervious to water and shall be provided with a sanitary base and with adequate and sufficient drains to permit cleaning. All floors shall be tightly sealed where they meet the wall surfaces in any food handling and/or utensil cleaning rooms or areas with the proper cove molding.
Walls and ceilings. Walls and ceilings of all rooms in which food or drink is prepared, served or stored or utensils are washed or stored shall be kept clean and in a sanitary condition. The walls and ceilings of all such rooms shall have a smooth washable surface and shall be finished in a light color. No paper or oilcloth coverings are permitted on walls of kitchens and food preparation rooms. In the case of all new establishments, all rooms in which food or drink is prepared or served or in which utensils are washed shall have a clear ceiling height of not less than seven feet.
Construction of kitchens. The rooms in which food is prepared shall be of adequate size and construction to permit easy cleansing and the unhampered performance of all kitchen operations.
Construction and location of utensils and equipment. All eating and cooking utensils and all showcases and display cases or windows, counters, shelves, tables, booths and refrigeration 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. In 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 of the equipment and walls.
Thirty inches of working space shall be required between all units of new equipment, unless such equipment is movable. A minimum of 30 inches of working space shall be provided between counters, backbars and worktables wherever located. No cooking unit of any kind shall be permitted to be placed or located in any bay window. All new installations of equipment shall be elevated at least six inches from the floor on pear-shaped legs or sealed tight to the floor with a three-inch cove base or stainless steel removable kickplates. Where equipment with a closed bottom without air spaces is set on a masonry base, the top of the base shall be waterproofed with mastic.
In cases of all new construction, shelves shall be constructed at least two inches from the wall unless tightly stripped to eliminate cracks.
Doors and windows. All openings into the outer air shall be effectively screened from April 1 to December 1 with not less than sixteen-mesh wire so as to prevent the entrance of flies. Doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. All screened doors shall open outward.
Lighting. All rooms in which food or drink is prepared or in which utensils are washed shall be well lighted, with adequate natural or artificial lighting sufficient to produce an intensity of not less than 15 footcandles at 30 inches from the floor. In rooms where food is stored, lighting shall be provided sufficient to produce an intensity of not less than five footcandles at 30 inches from the floor.
Rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms and garbage or rubbish storage areas shall be well ventilated to the outside.
Mechanical ventilation facilities, which meet the standards of the Township building code, shall be provided as needed to prevent the condensation or accumulation of offensive or dangerous gases, moisture, excessive heat, steam, dust, offensive odors, smoke, grease and vapors.
Mechanical ventilation devices including blowers, canopies, hoods and ducts shall be so constructed as to be easily cleaned and shall be maintained so as to prevent grease or other materials from dropping into or onto food preparation surfaces.
Exhaust outlets from mechanical ventilating devices shall be designed and installed so as to avoid creating a nuisance. Vents to outside air from cooking units must be carried above the roofline of the structure or adjacent buildings.
Filters, where used, shall be readily removable for cleaning or replacement.
Ventilation systems shall comply with applicable state and local fire prevention requirements.
Exhaust systems shall be designed and constructed so as to prevent the emission into the outdoor atmosphere of fugitive or malodorous air contaminants from the establishment which are detectable outside of the establishment beyond the property line of the establishment.
In order to insure compliance with the requirement of odor control with respect to public eating and drinking places, food establishments, or itinerant public eating and drinking places as contained in Subsection G above, the applicant or licensee shall retain a professional engineer to design an effective odor removal system for submission to the Township as part of licensee's application for a license.
In all new public eating and drinking places, food establishments or itinerant public eating and drinking places where alterations to existing establishments or places are made requiring a building permit, separate toilet facilities shall be provided for each sex, which comply with the subsections of this section.
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 by three feet shall be provided. The doors of all toilet rooms and vestibules shall be self-closing.
Toilet rooms shall be kept clean, in good repair, well lighted and properly ventilated by exterior windows or mechanical means. The walls and ceilings shall be of a smooth washable surface and shall be finished in a light color.
Hand-washing facilities with running hot and cold water, sanitary towels, and liquid or powder soap dispensers shall be in the toilet room. The use of the common towel is prohibited. Hand-washing 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.
The floors and joints of the toilet rooms shall be constructed of a material impervious to water and shall be provided with a sanitary base. The plumbing fixtures shall be of the wall-hung type to facilitate cleaning.
Separate hand-washing facilities are required. In any public eating and drinking place or any food establishment or any itinerant public eating and drinking place where frequent hand washing by any employee 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 located conveniently near each such work space.
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 from an approved source.
In all public eating and drinking places or food establishments or itinerant public eating and drinking places where utensil washing is done by other than mechanical means, no less than one three-compartment sink shall be provided and equipped with running hot and cold water, to be used as follows:
For washing, the water shall be 110° to 130° F.
For rinsing, warm water shall be used.
For sanitizing, the dishes or utensils shall be immersed for two minutes in water of 180° F. or sanitized with a chemical as follows:
Hypochlorite compounds of 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;
Iodophor compounds at a minimum concentration of 12.5 parts per million for at least 30 seconds.
In all new public eating and drinking places, food establishments or itinerant public eating and drinking places where alterations to existing establishments or places are made requiring a building permit, each compartment of the sink shall be of a size not less than 16 inches square by 14 inches deep. Each compartment for sinks in soda fountains and bars shall be no less than 12 inches square by 10 inches deep.
Mechanical dishwashing machines shall be equipped to provide a minimum water temperature of at least 180° F. All mechanical dishwashers shall be equipped with two thermometers, one for indicating the wash and one for indicating the sterilizing temperature.
Whenever the temperature of the final rinse water cannot be maintained at a minimum temperature of 180° F. at the dish rack inside the dishwasher, then it shall be mandatory that a booster be installed to maintain said minimum temperature.
Prerinse or presoak facilities shall be provided for mechanical dishwashing.
Cleaning and bactericidal treatment of utensils. All utensils, display cases, windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free from dust, dirt, insects and other sources of contamination. All eating and drinking utensils, except single-service utensils, shall be thoroughly cleaned and subjected to an approved bactericidal process in accordance with the provisions of Subsection A(1)(c) of this section after each use and, at the time of service to the public, shall be thoroughly clean and sterilized. All multi-use containers and utensils used in the preparation, cooking and serving of food and drink shall be thoroughly cleansed and subjected to an approved bactericidal process in accordance with the provisions of Subsection A(1)(c) of this section immediately following the day's operation. Towel drying is not permitted.
Storage and handling of utensils. After cleansing and sterilizing, all utensils must be stored above the level of the floor in a clean, dry place and protected from flies, dust or other contamination, and no utensils shall be handled, except in such a manner as to prevent contamination. Single-service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner and used at once.
All waste resulting from the cleansing and rinsing of utensils and floors, from flush toilets and lavatories must be disposed of in a public sewer or, in the absence of a public sewer, by methods approved by provisions of the Upper Chichester Township Plumbing Code. Prior to removal from the premises, all garbage and refuse must be stored in nonleaking metal containers with tight-fitting lids or in an approved storage room. Garbage and refuse must be removed from the premises as often as necessary to prevent a nuisance and disposed of in a manner to be approved by the Health Officer. All garbage and refuse receptacles must be washed when emptied and treated with a disinfectant, if necessary, to prevent a nuisance.
Adequate and suitable metal containers with tight-fitting lids designed and manufactured for the storage of refuse and garbage from food and drink establishments shall be provided and used to receive garbage and refuse from each public eating and drinking place, each food establishment, and each itinerant public eating and drinking place. All refuse and garbage shall be removed from the premises at frequent intervals so as not to create a nuisance.
All refuse and garbage must be kept within the metal containers and/or dumpsters and the lids shall be tight-fitting and closed at all times.
All containers and dumpsters must be adequately disinfected as needed to prevent objectionable odors.
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. The following temperatures shall be maintained at all times:
Indicating thermometers accurate to + or - 2° F. shall be provided in all refrigerators and freezers and shall be so located to indicate and accurate temperature reading in the upper 1/4 part of the refrigerated storage section.
Frozen foods shall be thawed in refrigerators at 40° F. or below, or under potable running water 70° F. or below, or by any other method allowed by the Health Officer. Once thawed, frozen foods shall not be refrozen.
No person shall operate or maintain any public eating and drinking place, or any food establishment, or any itinerant public eating and drinking place otherwise than in a clean and sanitary condition and so as to conform at all times to the requirements of this chapter. The person in charge of and every food handler employed in any public eating and drinking place, or any food establishment, or any itinerant public eating and drinking place shall observe and comply with the provisions of this chapter relating to the operation and maintenance of such public eating and drinking places and/or food establishments and/or itinerant public eating and drinking place.
All food in public eating and drinking places, food establishments, and itinerant public eating and drinking places shall be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption.
No food prepared in a private home or processed in a place other than a commercial food processing establishment shall be sold or used in the preparation of foods offered for sale, sold or given away in a public eating and drinking place or in a food establishment, or in an itinerant public eating and drinking place, unless such private home or other place is regulated by a health authority or other appropriate official regulatory agency.
Only pasteurized fluid milk and fluid milk products shall be used or served, except dry milk and milk products may be reconstituted in the establishment if used for cooking purposes only.
All milk and fluid milk products for drinking purposes shall be purchased and served in the original, individual container in which the milk and fluid milk product was packaged at a milk plant, or shall be served from an approved bulk milk dispenser.
Cream, whipped cream or half and half which is to be consumed on the premises may be served from the original container of not more than one-quart capacity or from a dispenser approved by the Health Officer for such service. For mixed drinks requiring less than 1/2 pint of milk, milk may be poured from one-quart or one-half-gallon containers packaged at a milk plant. All dairy products must meet Pennsylvania Department of Agriculture Standards.
A running water dipper well unit must be provided at or near the area where scooping or dipping of ice cream takes place, and shall be used to clean scoops and dippers after each use.
All ice shall be from an approved water source that meets the standards as set forth in the United States Public Health Service Drinking Water Standards.
No meat or poultry products shall be offered for sale, displayed, sold or kept in any public eating and drinking place or in any food establishment, or in any itinerant public eating and drinking place, 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.
All meat or poultry products offered for sale, displayed, sold or stored in any public eating and drinking place or any food establishment, or in any itinerant public eating and drinking place, shall be marked in a clear and legible manner with the official meat inspection legend as provided in Subsection A above.
No shellfish shall be sold or offered for sale in the Township unless such shellfish shall have been produced and shipped in conformity with the regulations of the state in which they were produced or packed and unless the shipment shall have been accompanied by a 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 Federal Food and Drug Administration for shipments in interstate commerce.
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 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. The 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. Shellfish must be from an approved source.
Shellfish shall be so handled and stored as to maintain them in a clean wholesome condition. The shells of shellfish used for service cannot be reused.
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.
All establishments in which shellfish are shucked, washed, packed, repacked, stored or otherwise handled shall conform with all the provisions of this chapter.
All rooms in which shucked oysters are washed, packed, repacked, stored or otherwise handled shall be separate and apart from the rooms in which the oysters are shucked.
All establishments in the Township 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.
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.
Shucked stock shall be thoroughly washed in pure cold water and, subsequent to such washing, shall not be handled except with clean utensils.
Shucked stock shall be packed in clean containers sealed in such a manner that any tampering with be easily discernible and marked with the name, address and identification mark of the packing establishment, together with the quantity of shellfish contained therein.
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.
Restriction of sale. No custard-filled or 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.
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.
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 thereafter 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 140° F. or higher.
Packaging and labeling. No custard-filled pastry shall be sold, either at 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."
Condemnation. Custard-filled or whipped cream pastry or perishable food manufactured, kept, displayed or served in violation of the provisions of this section or § 323-19 is hereby declared to be dangerous to the public health and, as such, subject to condemnation by the Health Officer or his authorized representative.
All food, while being stored, prepared, displayed, served or sold at public eating and drinking places, or at food establishments, or at itinerant public eating and drinking places, shall be protected from contamination and stored in such a manner as to prevent rodent harborage and permit ease of cleaning of the food-service facilities.
No food which has been previously served to any person or persons, or returned from any counter or table shall be used in the preparation of foods, offered for sale or given away and shall be disposed of as garbage. However, wrapped food which has not been unwrapped and which is wholesome may be reserved.
Tongs, forks, spoons, picks, spatulas, scoops and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided. Tethers must be attached to the units and be of a length that prevents the tongs, spoons, scoops, etc., from touching the floor.
Unwrapped or otherwise unprotected, displayed foods which are subject to contamination through public handling, coughing, or sneezing, shall be protected by means of glass, partitions, or other approved means.
No food or drink which is impure, decomposed or damaged to an extent that it is likely to be 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 this chapter shall be sold and/or offered for sale for human consumption. Such food or drink shall not be given away and shall be disposed of immediately as garbage.
All unlabeled can goods and cans showing rust, leakage or evidence of internal pressure shall not be offered for sale or given away. All such cans shall be disposed of immediately as garbage.
Samples of food, drink, ingredients, containers or any substance used in connection with the preparation of food or drink may be taken by the Health Officer or his duly authorized representative 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 the Health Officer if in his/her judgment such food is an adulterated food product which is unfit for human consumption. If the proprietor or person in charge disagrees, 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 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 the Health Officer or his representative.
The Health Officer or his representative shall tender the person in charge the established value for the product being taken for sampling. If the food is found to be impure the proprietor will reimburse the Township for the cost of said food purchased for sampling.
The cost of the sampling procedures will be determined in accordance with the results. The Township will assume the costs for the sampling if the results indicate that the product is free from spoilage, is wholesome, and fit for human consumption. The proprietor shall assume the costs for the sampling if the results indicate that the product is an adulterated food or otherwise unfit for human consumption.
All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without washing his hands with soap and warm water.
Persons engaged in the preparation, handling or service of food shall not use tobacco in any form while engaged in equipment and utensil washing, food preparation, or food serving. Provided, designated smoking-permitted locations in such areas may be approved by the licenser for smoking, where no contamination hazards will result and employees must wash hands prior to returning to work assignments.
No proprietor or licensee shall hereafter keep in his employ any employee known to be afflicted with a disease in communicable form. No proprietor, licensee or manager of any establishment covered in this chapter shall employ or continue to employ any person as a food handler if such proprietor or manager has a valid reason to suspect that an employee is afflicted with a disease in a communicable form.
The Health Officer shall have full power and authority at any time to require such examinations and tests as may be necessary to determine whether any employee has a disease in a communicable form or is a carrier of a communicable disease. It shall be the duty of all employees to submit to such examinations at the request of the Health Officer and any employee who shall refuse to submit to such examination shall not be employed or continued as an employee in any public eating and drinking place or in any food establishment or in any itinerant public eating and drinking place in the Township.
Disease control. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in a public eating and drinking place or in a food establishment, or in an itinerant public eating and drinking place and the proprietor or licensee of such place shall not employ any such person or persons suspected of being affected with any disease in a communicable form or being a carrier of such disease. If the proprietor or licensee suspects any employee has contracted any such disease in a communicable form or has become a carrier of such disease, he shall notify the Health Officer immediately.
Procedures when infection is suspected. Where there has been reasonable grounds for the Health Officer to suspect there is transmission of infectious disease from any employee of a public eating and drinking place, food establishment, or an itinerant public eating and drinking place to the public, the Health Officer is authorized to require the proprietor or licensee of said eating and drinking place or food establishment or itinerant public eating and drinking place to forthwith carry out any or all of the following measures:
The immediate exclusion of the employee from said public eating and drinking place, food establishment or itinerant public eating and drinking place;
The immediate closing of the public eating and drinking place or food establishment or itinerant public eating and drinking place until the danger of disease outbreak ceases to exist;
Securing adequate medical examinations of the employee and of his associates, including appropriate laboratory examinations, with the cost of such being assumed by the proprietor and/or employee, or both.
All persons engaged in the operation of any public eating and drinking place or any food establishment or any itinerant public eating and drinking place shall be required to take all necessary precautions to keep the premises free of rats and vermin. In the case of rat or vermin infestation, proprietors and licensees shall report such infestation to the Health Officer for the purpose of procuring proper advice and instructions for elimination of the nuisance. In the case of all new establishments, all rooms in which food and drink are prepared, stored or served shall be of a rat proof construction. The proprietor and licensee shall be required to hire and use the services of a licensed professional exterminator in the event the infestation is not being eliminated by means used by the proprietor or licensee.
The hanging or use of glue fly traps shall not be permitted in areas where open foods are being prepared and handled.
Only such poisonous and toxic materials which are required to maintain sanitary conditions and for sanitization purposes, may be used or stored in public eating and drinking places, food establishments and in itinerant public eating and drinking places. Such materials shall be identified and shall be used only in such a manner as will not contaminate food or constitute a hazard to employees or customers.
When not in use, poisonous and toxic materials shall be stored in cabinets which are used for no other purpose, or in a place which is outside the food storage, food preparation and cleaned equipment and utensil storage rooms.
Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides or other poisonous materials.
The premises of all public eating and drinking places, food establishments, and all itinerant public eating and drinking places shall be kept clean and free of litter or rubbish.
No sleeping facilities or living quarters shall be permitted in any room which is part of or which opens into any room where food is prepared, stored or served or in which utensils are washed or stored.
Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean, and all clothes used by waiters, chefs and other employees shall be kept clean at all times.
All exterior areas shall be kept free of litter and cleaned properly. All exterior walking and driving surfaces must be surfaced with concrete, asphalt or other approved materials that facilitate maintenance and minimize dust.
Soiled linens, coats and aprons shall be kept in verminproof containers with tight-fitting lids provided for this purpose.
No public eating and drinking place or food establishment or itinerant public eating and drinking place shall be located in any cellar, basement or other place below the natural surface of the ground except with the prior written permission of the Health Officer.
No person shall bring or permit to be brought into the dining room, kitchen or storeroom of any public eating and drinking place or any food establishment or any itinerant public eating and drinking place any dog, cat or other animal. This subsection shall not apply to a blind person led by a trained seeing eye dog.
All deliveries of perishable and nonperishable foods to public eating and drinking places or food establishments or itinerant public eating and drinking place shall be made inside the establishment unless food is stored in an approved sanitary container approved for exterior usage by the Health Officer.
Plates, cups, saucers, dishes, crockery or chinaware which are cracked, chipped or broken shall not be used to contain food or drink.
A mop/slop sink is required for the disposal of wastewater from the cleaning of floors, walls, ceilings and other surfaces.
The Health Officer and his official designee in the performance of any duty imposed by this chapter shall have full access to any place, container, or conveyance used in the production, preparation, manufacture, packaging, storage, transportation, handling, distribution or sale of any food. He shall be entitled to make an examination, open any package or container and take therefrom a sample for analysis of any food manufactured, sold, exposed for sale or found to be in possession of the proprietor or licensee in violation of any provisions of this chapter.
Any person, firm or corporation violating any provision of this chapter or the rules and regulations approved and hereinafter adopted shall, upon summary conviction before any Magisterial District Judge, pay a fine not exceeding $1,000 and costs of prosecution; and in default of one payment of the fine and costs, the violator may be sentenced to the county jail for a term of not more than 30 days. Whenever such person shall have been officially notified by the Health Officer or by the service of a summons in a prosecution or in any other official manner that he is committing a violation of this chapter or the rules and regulations approved and hereinafter adopted, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
Whenever the proprietor or licensee of a public eating and drinking place or food establishment or itinerant public eating and drinking place shall fail to keep his public eating and drinking place or food establishment or itinerant public eating and drinking place in a sanitary condition or whenever food or drink or the sale of the same is likely to cause or transmit disease, the Health Officer, upon proper notification, shall order such public eating and drinking place or food establishment or itinerant public eating and drinking place closed until it shall have been put in a sanitary condition or until the food or drink and the sale of the same shall no longer be likely to cause any illness or transmit disease. The proprietor or licensee of the public eating and drinking place or food establishment or itinerant public eating and drinking place, when so ordered, shall not conduct further operations until permission has been granted by the Health Officer.
Any variations and/or exceptions to any part of this chapter due to the nature of and/or circumstances regarding any itinerant public eating and drinking place must be approved in writing by the Health Officer.
[Added 4-11-2019 by Ord. No. 732]
The following regulations shall apply to mobile food and nonpermanent restaurant operations:
Application; permit required. It shall be unlawful for any person to maintain or operate a mobile food truck or nonpermanent restaurant operation within the Township without first applying for and obtaining a permit from the Zoning Officer and subject to compliance with the regulations in this section ("mobile food and nonpermanent restaurant operations permit"). The permit shall be valid from the date of issuance for a period of one year (except to the extent that the same is revoked pursuant to this chapter). The cost of the permit shall be established by resolution of the Township Board of Commissioners in conformity with all applicable codes and statutes.
Food truck and nonpermanent restaurant operation regulations. The following regulations shall apply to mobile food and nonpermanent restaurant operations:
An applicant, upon submitting an application for a mobile food and/or nonpermanent restaurant permit to the Township Zoning Officer for its review and approval, shall provide the following:
Valid driver's license of the operator and/or owner;
Name and emergency contact information for the applicant, including phone number and email address;
Consent of the legal owner of the property upon which the operation shall be situated. The property owner shall be listed as a co-applicant;
Valid copy of the operation's Pennsylvania business license and/or tax identification number, including the business name and any fictitious name associated with the business and, if applicable, Upper Chichester Township business registration;
License plate number, make, model and year of the food truck and/or trailer;
Licensing and/or permitting as required by the Upper Chichester Health Department and Fire Marshal as well as any applicable state licensing requirements;
A plot plan depicting the type and location of all structures associated with mobile food or nonpermanent restaurant operations being requested; and
A valid certificate of general liability coverage naming Upper Chichester Township as an additional insured.
Mobile food operations shall only be located and operated in designated areas at designated/permitted times. In no event shall food trucks be permitted to encroach into the travel lanes of any adjacent roadway(s) or otherwise impede the safe flow of vehicular, pedestrian and/or emergency vehicle traffic.
Except as otherwise permitted by the Township for special occasions, vending may occur only between the hours of 8:00 a.m. and 10:00 p.m. Food trucks may not arrive before 7:00 a.m. and must be removed by 11:00 p.m. each day. Trailers or sheds associated with nonpermanent restaurant operations are permitted to remain on a property, subject to those facilities being completely closed and secured with all food and/or materials stored inside the trailer or shed or other appropriate indoor facility.
No more than one nonpermanent restaurant operation shall be permitted per property. Such operations are permitted only as accessory use within nonresidential zoning districts as follows: Commercial C-1 and C-2, Industrial Commercial (I-C) and Industrial (I) Zoning Districts.
Mobile food operations shall not diminish the number of required parking spaces associated with the principle use of the property, inclusive of handicap parking spots.
Trailers and other structures for nonpermanent restaurant operations shall be set back a minimum of 10 feet from the front, side and rear boundaries of a property.
In submitting an application for a mobile food operation and/or nonpermanent restaurant operations, the applicant shall submit a written plan for the containment and collection of trash, litter and refuse. This plan is subject to review and approval by the Township. The applicant shall also supply information acceptable to the Township to establish that regular trash pickup is being provided for the use (independent of the trash pickup for the underlying land use), and trash receptacles containing food shall not be permitted to remain on the site overnight. Any and all trash shall be removed on a daily basis from the site.
With respect to nonpermanent restaurant operations, an applicant must demonstrate that there are adequate provisions for accessible, public restrooms in and about the subject property.
All storage and trash containers must be screened from view from any street or contiguous residential area.
No vendor shall chain or otherwise attach any signs, goods, merchandise, chairs or other equipment used in vending to any tree, parking meter, hydrant, sign or post, telephone pole or other street appurtenance.
No outdoor storage or display of food shall be permitted.
All required Upper Chichester Health Officer-issued licenses and permits must be valid and posted in a visible location on or within the mobile vending operation or within nonpermanent restaurant operations at all times.
Vending is not permitted within 15 feet of an entrance to the structure, sidewalk and curbs or fire hydrant.
No mobile food or nonpermanent restaurant operation is permitted within 200 feet of a building containing a restaurant or with a food vendor or hauler's license or permit issued from the Health Officer unless written approval by the Township is obtained prior to commencement of operations.
No mobile food operations are permitted on private property within any residential zoning districts of the Township.
A designated person-in-charge must be present at the mobile food operation and nonpermanent restaurant operations site at all times. The person-in-charge is responsible for all aspects of the operation's compliance with this section and other applicable Township ordinances, rules and/or regulations.
Mobile food operations situate on a public street may only be open to and may only serve customers from the side of the truck facing the sidewalk and are prohibited from operating with their trucks/service windows open to the roadway.
No equipment, including, but not limited to, fuel tanks, storage, generators or other such similar equipment, shall be placed within the public right-of-way.
Temporary signs used as part of the food truck or nonpermanent restaurant operation shall not exceed eight square feet and shall not block any sidewalks or impede any vehicular, biking or pedestrian traffic or paths. A limit of one sign per road frontage is permitted. All signage for food trucks and nonpermanent restaurant operations shall comply with the applicable Upper Chichester Township Zoning Ordinance.
Any awnings and canopies associated with any mobile food operation shall be at least seven feet above any public walkway or roadway.
Mobile food and nonpermanent restaurant vending operations are subject to any and all applicable Township Code, ordinances, rules and/or regulations.
No component of a mobile vending operation or nonpermanent restaurant operation shall impede the proper operation of stormwater management facilities.
All mobile vending operations shall provide overhead protection, shall have at least one inspected and operational fire extinguisher, and shall be equipped with a safety pilot valve for any cooking equipment utilized.
The Township shall maintain the right to relocate a mobile food operation within 50 feet from the licensee's location in the event it becomes necessary on special occasions, as determined by the Township at its sole and exclusive discretion.
The licensee shall permit regular inspections by the Health Inspector at such times and places as may be designated by the Health Officer in accordance with Township ordinances, rules, regulations and/or statutes.
No vendor shall utilize sound amplification on any private property, sidewalk or place of operation for the purpose of selling food or merchandise. All vendors must abide by the parking, sign and zoning ordinances, rules and regulations at all times.
Failure to comply with any directions or provisions of the permit application process and the instant standards may result in penalties as set forth herein, including, but not limited to, the denial of a vending application and/or revocation of a mobile food/nonpermanent restaurant operation permit.
The failure to comply with any standards set forth herein may result in the following (in addition to the penalties set forth in Subsection D below):
Fees. A minimum permit application fee and license fee, as set from time to time by resolution of the Board of Commissioners, shall be charged for approved mobile food operations.
Violations and penalties. Any person who violates or permits the violation of any provision of this § 323-31 shall, upon conviction thereof in a summary proceeding brought before any District Court having jurisdiction over the same, be guilty of a summary offense and shall be subject to the payment of a fine not less than $50 for the first offense, not less than $100 for the second and subsequent offense, and not more than $1,000, plus the cost of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this section that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this section is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by any court having jurisdiction over the same in the amounts stated hereinabove.