[Ord. 696, 4/13/2011, § II]
1.
In establishing new provisions regulating food establishments, the
Borough shall adopt by reference Act 106 of 2010, adopted November
23, 2010, as if fully set out in this Part and as may, from time to
time, be amended. Act 106 of 2010 shall include, but is not limited
to, the following statutes:
[Ord. 696, 4/13/2011, § III; as amended by Ord.
731, 2/11/2015]
1.
Any and all persons, companies, corporations, markets, stores or
similar establishments which handle, vend, sell or expose for sale
within the Borough, any food or food product meant for human consumption
shall, before February 1 of each and every calendar year, obtain a
license from the Borough Health Officer. The license issued by the
Health Officer shall be prominently displayed at the place of business.
The cost of the license shall be in an amount as established, from
time to time, by resolution of Borough Council. All monies collected
shall be paid over to the general fund of the Borough of Morton.
2.
The following retail food facilities are exempt from licensing but
not inspection:
A.
Those that sell only raw agricultural commodities, like produce.
B.
Soup kitchens and food banks operated by charitable non-profit organizations.
C.
Those that operate three or fewer calendar days each year.
D.
Those that operate to support youth extracurricular activities on
a non-profit basis, such as booster clubs.
E.
Non-profits only offering non-potentially hazardous foods or beverages,
such as at bake sales.
F.
Those that sell only pre-packaged, non-potentially hazardous food.
[Ord. 696, 4/13/2011, § IV]
Any and all persons, companies, corporations, markets, stores
or similar establishments which handle, vend, sell or expose for sale
within the Borough, any food or food product meant for human consumption
shall, before April 1 of each and every calendar year, undergo an
inspection by the Health Officer certifying to the sanitary and proper
conditions required for both the storage, handling and sale of food
or food products.
[Ord. 696, 4/13/2011, § V]
For the protection, health and well-being of the citizens of
the Borough, safe, sanitary and proper conditions are defined to be
those as defined by the Pennsylvania Department of Agriculture, rules
and regulations under 7 Pa. Code, Chapter 46, adopted December 12,
2003.
[Ord. 696, 4/13/2011, § VI]
The Health Officer of the Borough is hereby authorized and ordered
to enter into or upon any property, public or private, in order to
make the required inspection or inspections of all places where food
or food products meant for human consumption are held, stored or exposed
for sale, either at retail or wholesale, within the Borough, at any
time during business hours. At least one inspection shall be made
during each calendar year, prior to April 1.
[Ord. 696, 4/13/2011, § VII]
To provide greater transparency of food inspections to consumers
so that they make informed decisions when dining out or purchasing
food from one of the Borough's food retail facilities, the Health
Officer of the Borough shall submit reports of all inspections to
the Pennsylvania Department of Agriculture within 30 days of completion
for posting on the Department's food safety website www.EatSafePA.com.
[Ord. 696, 4/13/2011, § VIII; as amended by Ord.
731, 2/11/2015]
1.
The annual inspection fees for food establishments within the Borough
shall be in amounts as established, from time to time, by resolution
of the Borough Council.
2.
If a retail food facility is inspected and does not pass, there is
not a fee for the initial reinspection. However, if the facility continues
to fail subsequent inspections, there will be a reinspection fee.
The fees will be in an amount as established, from time to time, by
resolution of the Borough Council.
[Ord. 696, 4/13/2011, § IX; as amended by Ord.
731, 2/11/2015]
Any establishment in which there exists any unsanitary conditions,
any condition or conditions which present a threat or hazard to the
health and well-being of the patrons of the establishment or the citizens
of the Borough shall be given not less than one hour nor more than
one week to correct the improper condition or conditions. Upon failure
of the owners to correct the offending condition or conditions, an
immediate closure of the business shall be ordered. The Health Officer
shall immediately place at the entrance a sign reading "Closed by
the Health Officer." Any establishment which continues operation or
permits the removal of the aforementioned sign by anyone except the
Health Officer, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 696, 4/13/2011, § X]
1.
All retail food facilities that do not meet one of the exemption
categories below must have one certified food employee who is accredited
(and maintains accreditation) by a nationally recognized program,
including National Restaurant Association Solutions, LLC (ServSafe),
Thomson Prometrics, Inc., or the National Registry of Food Safety
Professionals, Inc.
2.
The certified food employee must be the "person in charge" when at
the facility and accessible at all times (in person or by phone) during
the facility's hours of operation. A person in charge is defined
as "a person designated by a retail food facility operator to be present
at a retail food facility and responsible for the operation of the
retail food facility at the time of inspection."
3.
Certification exemptions include retail food facilities that are:
[Ord. 696, 4/13/2011, § XI; as amended by Ord.
731, 2/11/2015]
Any person, company, corporation, market, store, restaurant
or similar establishment which shall fail to comply with the provisions
of this Part shall immediately cease and desist operations upon written
orders from the Health Officer and, upon conviction thereof in an
action brought before a magisterial district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs together with reasonable attorney fees and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
