[HISTORY: Adopted by the Board of Commissioners
of the Township of Radnor 7-19-2004 by Ord. No. 2004-27;[1] amended in its entirety 6-15-2015 by Ord. No. 2015-03. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 109.
Fees — See Ch. 162.
Plumbing — See Ch. 218.
Sanitation — See Ch. 230.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 170, Food-Handling Establishments, which consisted of the following: Art. I, Eating and Drinking Places, adopted 2-25-1974 by Ord. No. 1564, as Ch. 56 of the 1974 Code, as amended; Art. II, Retail Food Establishments, adopted 2-25-1974 by Ord. No. 1564, as Ch. 63, Art. I, of the 1974 Code, as amended; Art. III, Food Vendors, adopted 3-9-1981 by Ord. No. 81-08, as Ch. 64 of the 1974 Code, as amended; and Art. IV, Bulk Foods, adopted 5-28-1985 by Ord. No. 85-6A, as Ch. 63, Art. II, of the 1974 Code, as amended.
Certain documents on file in the office of the Secretary of
the Township of Radnor, being marked and designated as the "Department
of Agriculture Food Code" (7 Pa. Code §§ 46.1 through
46.1201) ("PA Food Code") and the "Retail Food Facility Safety Act
of 2010" (3 Pa.C.S.A. §§ 5701 through 5714) ("PA Food
Safety Act") (under which statutory provisions the Code regulations
were issued) are hereby adopted as the Food Code of Radnor Township,
Delaware County, Pennsylvania, in the Commonwealth of Pennsylvania,
for the control and regulation of food facilities as herein provided;
and all the provisions, penalties, conditions and terms of the Department
of Agriculture Food Code and the Retail Food Facility Safety Act of
2010 are hereby referred to, adopted and made a part hereof as if
fully set forth in this chapter, with certain additions, deletions
and amendments as set forth in this chapter.
A.
The following sections and subsections of the PA Food Code are hereby
added, deleted, or amended as set forth below:
(1)
7 Pa. Code § 46.3. Definitions.
(a)
Department: Delete the reference to "Department of Agriculture"
and insert the "Department of Community Development of Radnor Township"
in its place, so that the definition of "Department" reads as follows:
Department — The Department
of Community Development of Radnor Township. The term is synonymous
with the term "regulatory authority" in Subpart 1-201 of the Model
Food Code, regarding applicability and terms defined.
(b)
Insert the term, and definition, of "Director" to read as follows:
Director — The Director of
Community Development charged with the administration and enforcement
of this code, or his duly authorized representative.
(c)
License: Delete the current definition and insert new language
to read as follows:
License — An annual license issued by the Department of Community Development to operate a public eating and drinking place, a food establishment, a retail food establishment, food facility or a mobile food facility. License fees shall be charged in accordance with Chapter 162 (Fees) of the Township Code.
(d)
Licensor: Delete the current definition and insert new language
to read as follows:
Licensor — The Department of
Community Development of Radnor Township.
(e)
Delete the term, and definition, of "Secretary."
(f)
Retail food facility: Revise the definition to read as follows:
Retail food facility — A public
eating or drinking place or a retail food establishment located within
the Township of Radnor. The term is synonymous with the term "food
establishment" in Subpart 1-201 of the Model Food Code.
(g)
Insert the term, and definition, of "Township" to read as follows:
Township — The Township of
Radnor, Delaware County, in the Commonwealth of Pennsylvania.
(2)
Subchapter H of the PA Food Code, ADMINISTRATIVE PROCEDURES (7 Pa.
Code § 46.1101 through 46.1144).
(a)
Delete the reference to, and address of, the "Department of
Agriculture" in § 46.1102(b) and insert the term, and address,
of the "Department of Community Development of Radnor Township" in
its place, so that Section 46.1102(b) reads as follows:
(b) Written request. A person seeking an approval
from the Department or a licensor under this chapter shall submit
a written request for approval to the entity from which approval is
sought. If approval is sought from the Department, the written request
shall be mailed or delivered to the following address:
Department of Community Development of Radnor Township
301 Iven Avenue
Wayne, PA 19087
(b)
Add the following sentence to § 46.1141(a): "Such
license shall be conspicuously displayed on the premises as specified
in § 46.1144(1)." Section 46.1141(a) should read as follows:
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(a)
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General requirement. A person may not operate a retail food facility without a valid license issued by the Department or licensor, unless otherwise provided in Subsection (b). Such license shall be conspicuously displayed on the premises as specified in § 46.1144(1).
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(c)
Revise, delete, and renumber the current contents of § 46.1141(c),
License interval, so that § 46.1141(c) reads as follows:
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(c)
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License interval.
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(1)
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Except as set forth in Subsection (c)(2), a license certificate issued by the Department shall be granted for a period of one year, on a calendar-year basis. Licenses issued during the year will expire at the end of the calendar year, at which time a new license fee shall be paid. Fees charged shall be in accordance with Chapter 162 (Fees) of the Code of the Township of Radnor.
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(2)
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Six-month license interval.
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(i)
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The license interval is six months with respect to a retail
food facility that serves a highly susceptible population or that
conducts specialized processes such as smoking, curing or reduced
oxygen packaging to extend shelf life.
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(ii)
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Examples of the type of retail food facility that would typically
be subject to the six-month license interval in Subsection (c)(2)(i)
are preschools, hospitals, nursing homes and establishments conducting
processing at retail.
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(iii)
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The license interval for a retail food facility is six months if the retail food facility is newly licensed or has not yet demonstrated to the Department, through historical documentation, that it has achieved and documented active managerial control of the foodborne illness risk factors in Subsection (c)(1). Active managerial control is achieved and documented when the conditions in Subsection (d) are achieved by the licensee.
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(d)
The following language should be added to both §§ 46.1143(a)(4) and 46.1143(b): "Fees charged shall be in accordance with Chapter 162 (Fees) of the Code of the Township of Radnor."
[1]
§ 46.1143(a)(4) should read as follows:
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(4)
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The required fee is submitted. Fees charged shall be in accordance with Chapter 162 (Fees) of the Code of Radnor Township.
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[2]
§ 46.1143(b) should read as follows:
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(b)
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License renewal. The retail food facility operator of an existing retail food facility shall submit an application, the required fee and be in compliance with this chapter prior to issuance of a renewed license by the Department or a licensor. Fees charged shall be in accordance with Chapter 162 (Fees) of the Code of Radnor Township.
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(e)
Insert a new § 46.1145, entitled "Violations and Penalties,"
to the Food Code to read as follows:
§ 46.1145. Violations and penalties. Any
person, firm, or corporation who shall violate any provision of this
code shall, upon conviction thereof, be subject to a fine of not more
than $1,000. Each day that a violation continues shall constitute
a separate offense.
B.
The following sections and subsections of the PA Food Safety Act
(3 Pa.C.S.A. §§ 5701 through 5714) are hereby added,
deleted, or amended as set forth below:
(1)
§ 5702. Definitions.
(a)
Department: Insert the term, and definition of "Department"
to read as follows:
The Department of Community Development of Radnor Township.
The term is synonymous with the term "regulatory authority" in Subpart
1-201 of the Model Food Code, regarding applicability and terms defined.
(b)
Licensor: Delete the current definition and insert new language
to read as follows:
"Licensor." The Department of Community Development
of Radnor Township.
(c)
Retail food facility: Revise the definition to read as follows:
"Retail food facility." A public eating or drinking
place or a retail food establishment located within the Township of
Radnor. The term is synonymous with the term "food establishment"
in Subpart 1-201 of the Model Food Code.
(2)
§ 5703. License required.
(a)
§ 5703(b). Exempt retail food facilities: The provision
contained therein which reads: "If the licensor is the Department,
the exemption shall be accomplished by order of the secretary and
published in the Pennsylvania Bulletin. If the licensor is an entity
other than the Department, the exemption shall be accomplished by
order of the local government unit or units having jurisdiction over
the licensor. A retail food facility that is exempted from the license
requirements under this section shall remain subject to inspection
and all other provisions of this subchapter" shall be revised to read
as follows:
If the licensor is the Department, the exemption shall be accomplished
by order of the local government unit or units having jurisdiction
over the licensor. A retail food facility that is exempted from the
license requirements under this section shall remain subject to inspection
and all other provisions of this subchapter.
(b)
§ 5703(d): Revise to read as follows:
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(d)
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Application requirement. -- Any person owning or
operating or desiring to operate a retail food facility within this
Township shall make application for a license to the Department on
forms furnished by the licensor. The forms shall, at a minimum, set
forth such information as the Department may require. Application
forms shall include the name and address of the applicant, together
with all the other information deemed necessary to identify the applicant,
provide contact information for the applicant, identify the location
of the retail food facility that is the subject to the application
and facilitate the department's processing of the application.
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(c)
Section 5703(e)(2): Delete in its entirety.
(d)
Section 5703(f): Delete in its entirety.
(e)
Section 5703(i)(2)(i): Revise to read as follows:
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(2)(i)
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If a retail food facility licensed by the Department is in violation
of a provision of this subchapter, or of a regulation promulgated
under authority of this subchapter, or of any other act related to
public health and being applicable to retail food facilities, the
Department may suspend or revoke the license. The suspension of a
license shall be terminated when the violation for which it was imposed
has been found, upon inspection by the licensor, to have been corrected.
Whenever a license is suspended or revoked, no part of the fee paid
therefor shall be returned to the proprietor.
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(f)
Section 5703(j): Delete the current contents and insert new
language to read as follows:
(3)
§ 5707. Powers of department.
(a)
Revise § 5707(b) and 5707 (c) to read as follows:
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(b)
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Food service at schools and organized camps. --
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(1)
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The Department shall provide for the inspection of a food service
at a school and shall require that school food service personnel receive
the necessary training in accordance with the standards applied to
retail food facilities for schools located in areas in which the Department
itself is the licensor.
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(2)
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The Department shall provide for the inspection of a food service
at organized camps and shall require that food service personnel at
organized camps receive the necessary training in accordance with
the standards applied to retail food facilities for organized camps
located in areas in which the Township department is itself the licensor.
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(c)
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Inspection. -- If a licensor fails to inspect
a retail food facility as required under section 5703(e)(relating
to license required), the Department of Agriculture of the commonwealth
shall have the authority to license and inspect all retail food facilities
under that licensor's jurisdiction, and the licensor that failed
to comply with the inspection requirement shall not charge or collect
any fee for licensing subject retail food facilities. If the Department
of Agriculture of the commonwealth conducts an inspection, it shall,
within 30 days, provide the licensor a copy of the inspection report.
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(4)
§ 5711. Toilets, sinks and drains.
(a)
The following language should be added to § 5711: "A plumbing system shall be designed, constructed and installed in accordance with Chapter 218 (Plumbing Standards) of the Code of the Township of Radnor. All plumbing systems and hoses conveying water shall be constructed and repaired with approved materials in accordance with Chapter 218 (Plumbing Standards) of the Code of the Township of Radnor. At least one toilet and not fewer than the toilets (and urinals, if used), shall be provided in accordance with Chapter 218 (Plumbing Standards) of the Code of the Township of Radnor."
(b)
§ 5711 should read as follows:
All toilets, hand-wash sinks, tubs, sinks and drains used in or in connection with any retail food facility shall at all times be kept in a clean and sanitary condition. A plumbing system shall be designed, constructed and installed in accordance with Chapter 218 (Plumbing Standards) of the Code of the Township of Radnor. All plumbing systems and hoses conveying water shall be constructed and repaired with approved materials in accordance with Chapter 218 (Plumbing Standards) of the Code of the Township of Radnor. At least one toilet and not fewer than the toilets (and urinals, if used), shall be provided in accordance with Chapter 218 (Plumbing Standards) of the Code of the Township of Radnor.
(5)
3 Pa.C.S.A. § 5714. Penalties.
(a)
Delete the current contents and insert new language to read
as follows: Any person, firm, or corporation who shall violate any
provision of this act shall, upon conviction thereof, be subject to
a fine of not more than $1,000. Each day that a violation continues
shall constitute a separate offense.
