Borough of Hummelstown, PA HEALTH OFFICER

[Ord. 96-7, 10/17/1996, Part I]

Powers and Duties. The Health Officer shall have and exercise all the authority and perform all the duties conferred upon him by the laws of this Borough, by the laws of the Commonwealth of Pennsylvania, the rules and regulations of the Pennsylvania Department of Environmental Protection and federal public health agencies; and shall have all such powers relating to the abatement of nuisances prejudicial to the public health and the enforcement of remedies and infliction of penalties in connection therewith as are vested by law in the Council of the Borough of Hummelstown.

Appointment of Health Officer. The Borough Council of the Borough of Hummelstown shall have the authority to appoint a Health Officer as an employee of the Borough. Any Health Officer appointed by Borough Council shall be currently licensed by the Pennsylvania Department of Health.

Enforcement of Regulations. The Health Officer, with the advice, consent and approval of Borough Council, shall promulgate such rules and regulations as may become necessary from time to time to enforce the provisions of this Part. Borough Council hereby adopts the "1995 FDA Food Code" for inspecting eating or drinking places within the Borough.

[Ord. 96-7, 10/17/1996, Part II; as amended by Ord. No. 2021-2, 2/8/2021]

Definitions.

EATING OR DRINKING PLACE

Any establishment in a fixed location within the Borough of Hummelstown where food, foodstuff or beverage is served or provided for human consumption, with or without charge, including, among other establishments, hotels, restaurants, cafes, cafeterias, clubs, boardinghouses, ice cream parlors, soda water or soft drink fountains, and bars or taverns.

FOOD TRUCK

A mobile vehicle or trailer from which food or beverage is served. Food carts, stands, and/or similar facilities from which food or beverage is served are not considered food trucks.

PROPRIETOR

Any person, partnership, association or corporation conducting or operating within the Borough of Hummelstown an eating or drinking place.

SPECIAL EVENT

A one-time or infrequently (one per month maximum) occurring event outside normal programs or activities of the sponsoring or organizing body. A special event provides guests a leisure, social or cultural experience outside the normal range of choices. Special events may include but are not limited to municipal festivals, school district events, events of nonprofit organizations and public block parties. Week-long carnivals and private events not open to the public are not considered special events.

Standards for Operation of Food Establishments. Proprietors shall not operate or conduct an eating or drinking place or food truck within the Borough, except in a clean and sanitary manner, and all foods and beverages shall be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption. The Health Officer is hereby empowered to promulgate rules and regulations in furtherance of this provision with the advice, consent and approval of Borough Council.

License Required for Operation of Food Establishment. It shall be unlawful for any proprietor to operate an eating or drinking place, as defined in § 10-601 hereof, in the Borough of Hummelstown without having first obtained a license to do so from the Health Officer of the Borough of Hummelstown and paying therefor an annual fee in the amount to be fixed from time to time by resolution of Borough Council. Food trucks may be licensed by the Borough or the Pennsylvania Department of Agriculture.

Inspections Authorized, Revocation of License.

Licensed eating or drinking places or food trucks may be inspected and food or beverage examined by licensor as often as may be necessary for cleanliness, sanitation and freedom from adulteration.

If the Health Officer shall find on the premises of any licensed establishment or food truck any violation of any applicable rule or regulation of this Borough or the Commonwealth of Pennsylvania, he shall serve upon the proprietor of such establishment or food truck a notice setting forth the violation and directing that it be corrected within 10 days. If the proprietor shall fail to correct any such violation, within the time prescribed, the Health Officer may revoke or suspend the license of the establishment or food truck until such time as they are brought into full compliance with all applicable rules and regulations.

Food truck proprietors who provide proof of a current Pennsylvania Department of Agriculture license to operate a retail food facility may be exempt from inspection and licensing by the Borough Health Officer. All other food trucks must be licensed and inspected by the Borough Health Officer and are subject to a food and beverage license fee.

Food Truck Regulations. Food trucks operating within the Borough must comply with the following requirements:

Food trucks are only permitted to operate at special events.

Only Borough-sponsored special events may take place on public streets of the Borough, with the exception of neighborhood block parties. If said block parties are to have food trucks, they must be approved by the Borough Manager and the Chief of Police and may not be held within 300 feet of an eating or drinking place.

If a food truck operates at a special event on a public street of the Borough, the proprietor must provide a certificate of liability insurance for the special event, naming the Borough as an additional insured, with $1,000,000 coverage for auto liability and $2,000,000 coverage for general liability.

Any alcohol sales from a food truck must comply with all Pennsylvania Liquor Control Board regulations and be approved by the Borough.

Food carts and stands at special events and carnivals open for that event only shall not be subject to any regulations under this chapter.

Food trucks operating at private events, which are not open to the public, shall not be subject to any regulations under this chapter.

Penalty for Violation. Any proprietor of any food establishment who shall violate any provision of this Part may, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $500 and costs of prosecution, or, in default of payment of such fine and costs, to be imprisoned for not more than 30 days.