[Ord. 967, 4/16/2012]
Food establishments, as defined herein, are declared to be subject
to the provisions of the rules and regulations adopted by the Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, "Food Code Regulation," issued under the Retail Food Facilities
Safety Act of 2010 as now enacted and as may be hereafter amended.
A copy of these regulations shall be supplied to any person operating
a food establishment, on request.
[Ord. 967, 4/16/2012]
The definitions, as set forth in the rules and regulations of
the Department of Agriculture of the Commonwealth of Pennsylvania,
Title 7, Chapter 46, as now enacted and as may be hereafter amended,
are included herein by reference. In addition to the definitions set
forth in the Act, the following words and phrases shall have the meaning
ascribed to them in this section, unless the context indicates otherwise:
The rules and regulations adopted by the Pennsylvania Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, and the Food Facilities Safety Act of 2010 as now enacted and
as may be hereafter amended.
The Township of Ferguson, Centre County, Pennsylvania.
An external opening where food or beverages are passed and/or
served to a customer on or standing next to a public sidewalk.
[Ord. 967, 4/16/2012]
1.
In accordance with the Acts, no person shall conduct or operate a
food establishment within the Township without first obtaining a license
from the Township. No license shall be issued until inspection of
the premises, facilities, and equipment of such food establishment
has been made by the duly appointed representative of the said Township
and found to comply with the provisions of the Acts and Department
of Agriculture rules and regulations.
2.
Application for a license and the required fee shall be submitted
to the Health Officer or their designee prior to erection, structural
alteration, occupancy, or operation of any food establishment and/or
prior to the issuance of any building permit by the Centre Region
Code Administration Agency.
[Ord. 967, 4/16/2012]
The Township shall have the right of inspection at the submission
of the application, and from time to time thereafter, to determine
compliance with the terms of the Acts and this Part. The Township
Supervisors shall from time to time designate and appoint an inspector
who shall carry out the inspections in accordance with this Part,
the Acts and Department of Agriculture rules and regulations, which
are incorporated herein.
[Ord. 967, 4/16/2012]
1.
Home Processed Foods. An applicant proposing to operate a food establishment
where only home processed foods will be sold shall provide verification
of state licensing by the Department of Agriculture. Upon receipt
of verification, the applicant will be deemed to be in compliance
with this Part and no additional Township licenses will be required.
2.
Eating and Drinking Places. In addition to all other applicable local,
state and federal regulations, all eating and drinking places must
comply with the Pennsylvania Clean Indoor Air Act.
3.
Retail Food Establishment. In addition to all other applicable local,
state and federal regulations, all retail food establishments must
comply with the Pennsylvania Clean Indoor Air Act.
4.
Outdoor Eating Areas. Licensed food establishments that provide outdoor
eating areas and allow smoking in these areas, shall provide cigarette
butt disposal containers and must keep their premises free from the
same. Failure to comply with this requirement is declared to be a
violation of this Part and is subject to the penalties containing
herein.
5.
Requirement. Licensed food establishments that sell or serve food
or beverages through a walk-up window shall provide interior lobby
or seating space for their customers. Such space shall be available
to customers whenever the establishment is open for business. The
lobby or seating space shall be sized so as to provide space for customers
waiting for service and so that they are not forced to block or obstruct
the public sidewalk. Establishments may not block or obstruct public
sidewalks in providing walk-up window service. Food establishments
with a walk-up window shall also provide at least one refuse receptacle
near the window and on their premises for their customers' use. Refuse
receptacles shall be maintained such that refuse is not allowed to
spill or blow onto the public right-of-way.
6.
Hours of Operation. Licensed food establishments that sell or serve
food or beverages through a walk-up window shall cease selling or
serving food through a walk-up window no later than 12:00 midnight,
prevailing time, and may reopen no earlier than 7:00 a.m., prevailing
time.
[Ord. 967, 4/16/2012]
1.
CERTIFIED FOOD EMPLOYEE
Definitions. The following definitions shall apply to this section:
An employee of a food establishment who is in a supervisory
or management position or person-in-charge with respect to other employees
of the establishment and/or in some way responsible for the operation
of a food establishment.
2.
Health Official Approved Training. The Health Official shall approve
training programs based on the state food establishment rules and
regulations, adopted herein, for the purpose of instructing prospective
certified food employees in the food handling requirements.
3.
Certified Food Employee on Duty. Each newly licensed food establishment
shall within 90 days have within their employ at least one certified
food employee who is available on the premises at all times or available
by phone. Retail food establishments that sell only prepackaged non-potentially
hazardous food shall be exempt from this requirement.
4.
Examinations. Each certified food employee shall be required to take
a written examination approved by the Health Official and to achieve
a passing grade, which grade shall be determined by the Health Official.
5.
Certification. All certified food employees who shall have passed
an examination administered by the State College Department of Ordinance
Enforcement and Public Health on payment of the fee provided for herein,
shall receive a certificate issued by the Department of Ordinance
Enforcement and Public Health.
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Certification shall be valid for five years from the date of
issuance, unless sooner suspended or revoked, and shall be reissued
only after successful reexamination and payment of the required fee.
All certificates issued shall be exhibited in a place conspicuous
to consumers and the State College Department of Ordinance Enforcement
and Public Health.
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6.
Responsibilities of Certified Food Employee and/or Person-in-Charge.
Certified food employees and/or the person-in-charge shall be required
to daily observe, instruct, and, if necessary, correct other food
establishment employees. Certified food employees shall further be
required to observe, practice, and conform with the provisions of
Chapter 46, Food Code, and the Food Facilities and Safety Act of 2010.
7.
Suspension and Revocation of Certificates. Any person certified hereunder
who knowingly fails to follow the responsibilities set forth herein
may be suspended by the State College Department of Ordinance Enforcement
and Public Health for a specified period. Any person certified hereunder
who knowingly submits false information to the Health Official or,
having previously been suspended, fails to perform the responsibilities
set forth herein, may have such certification revoked by the State
College Health Department.
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Any person whose certification is suspended or revoked shall
be notified of such action, in writing, and shall have the right,
within one week after receipt of such notice, to request, in writing,
a hearing before the Township Board of Supervisors or its designated
hearing officer. The said Board or hearing officer shall conduct such
hearing as soon as possible thereafter and shall determine whether
such person shall have such certification suspended, and the length
of time thereof, or revoked. Any person whose certification is revoked
may not be recertified within one year from the date of such revocation.
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[Ord. 967, 4/16/2012]
The Township hereby enacts and ordains, and adopts as part of
this Part, the rules and regulations of the Commonwealth of Pennsylvania,
Department of Agriculture, Title 7, Chapter 46, as authorized under
the Acts and the Retail Food Facilities Safety Act of 2010 as may
be amended from time to time. All such rules, regulations and standards
are incorporated in this Part by reference. A copy of these regulations
shall be supplied upon request of the applicant.
[Ord. 967, 4/16/2012]
1.
License Fee. The applicant shall pay a fee with the application for
the license, which fee shall be made payable to State College Borough
and shall cover the ordinary administration of this Part, including
the initial and one additional inspection of the premises by the inspector.
Such fees shall be established from time to time by resolution of
the Township.
2.
Additional Inspection. In the event that the Township deems it necessary
to make an additional inspection under the Acts and regulations of
the Department of Agriculture, as required to be made as a result
of any action or inaction by the applicant, the applicant shall pay
to State College Borough the actual cost of such additional inspection
made by the Health Official, which shall be paid to State College
Borough prior to the issuance of the license.
[Ord. 967, 4/16/2012]
The Township shall have the power to institute in the Court
of Common Pleas of Centre County, Pennsylvania, proceedings in law
or in equity to restrain any and all violations of the Act and the
provisions of this Part. Such proceeding shall be instituted in the
name of the Township of Ferguson.
[Ord. 967, 4/16/2012]
Any person who shall violate any of the provisions of §§ 10-201 through 10-207 shall be subject to the penalties set forth within the Food Facilities and Safety Act of 2010. Any person who resists or interferes with any authorized representative of the Township in the performance of his duties shall, upon conviction thereof before any magisterial district judge be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs, to be paid to the Township or, in default thereof, to be confined in jail for a period of not more than 30 days.
