[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:
PENNSYLVANIA DEPARTMENT OF AGRICULTURE
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.
TOWNSHIP
The Township of Ferguson, Centre County, Pennsylvania.
WALK-UP WINDOW
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. 
Definitions. The following definitions shall apply to this section:
CERTIFIED FOOD EMPLOYEE
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.
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.
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.
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.
[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.