City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. No. 11-2018, 19, passed 6-24-2019[1]]
The Model Food Code as set forth in 7 Pa. Code Chapter 46, including § 46.4, and as is superseded and/or supplemented by the United States Department of Health and Human Services duly adopted Food Code, is hereby adopted as the Food Code of the City of Lebanon for regulating and setting standards for management and personnel, food operations and equipment and facilities; and providing for retail food facility plan review, licensing, inspection and employee restriction; providing for the issuance of permits and licenses and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Food Code on file in the City Clerk's Office are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 1103.02, Additions, insertions and changes.
[1]
Editor's Note: This ordinance repealed former Article 1103, Food Code, adopted by Ord. No. 16-2014, 15, passed 2-23-2015.
[Ord. No. 11-2018, 19, passed 6-24-2019]
The Food Code, published by the Commonwealth of Pennsylvania, Department of Agriculture, Bureau of Food Safety and Laboratory Services, on December 13, 2003, has been amended and revised and is adopted to apply to licensure and enforcement in the City of Lebanon in the following respects:
Section 46.3 Definitions (amend definition of "Licensor").
Licensor shall mean the City of Lebanon
Section 46.1142 Application procedure for appropriate license (amended).
Prior to the opening of a retail food facility, the operator shall contact the Department or licensor to obtain the appropriate application form for the required license. The Department or licensor will supply the applicant with the appropriate form, based upon the type of retail food facility involved. The fee for processing applications shall be $25 payable upon submitting the application .
Section 46.1143 Issuance (amended).
(a)
New, converted or remodeled retail food facilities. For retail food facilities that are required to submit plans as specified in § 46.1121(a) (relating to facility and operating plans), the Department or licensor will issue a license to the applicant after the following occur:
(1)
The required plans, specifications and information are reviewed and approved.
(2)
A preoperational inspection, as described in § 46.1124 (relating to preoperational inspection of construction), shows that the facility is built or remodeled in accordance with the approved plans and specifications and that the facility is in compliance with this chapter.
(3)
A properly completed application is submitted.
(4)
The fee for the review of the plans and preoperational inspection shall be $100 payable upon submission of the plans to the Department of Public Safety. This fee shall include one preoperational inspection and one preopening inspection.
(b)
License renewal. The retail food facility operator of an existing retail food facility within the City of Lebanon shall submit an application, the required fee as set in Paragraph (d) and be in compliance with this chapter prior to issuance by the City of Lebanon of a renewed license, or the issuance of a renewed license by the City of Lebanon. The annual license period shall be July 1 to June 30. Renewals of license shall be due no later than June 30 of each year. A food facility that opens prior to the annual license renewal period shall have its initial fees pro-rated by month prior to the renewal date.
(c)
Change of ownership. Licenses are nontransferable. New owners shall apply to the Department or licensor in accordance with § 46.1142 (relating to application procedure for appropriate license).
(d)
License. Prior to issuance of a license and following the preoperational inspection, the retail food facility operator shall pay a fee in accordance with the following schedule:
(1)
Public eating and drinking place: $125.
(2)
Retail food establishment (with time and temperature controlled for safety foods): $125.
(3)
Retail food facility (with no time and no temperature controlled safety foods): $75.
(4)
Mobile retail food establishment (with time and temperature controlled safety foods): $125.
(5)
Mobile retail food establishment (with no time and no temperature controlled foods): $75.
(6)
Temporary food sales: $30 per event, for a maximum of three events per calendar year. More than three events will be considered a permanent retail food facility and a fee of $125 will be assessed.
(7)
Individual farmers' market food operator: $45.
(e)
Nonprofit organizations, including churches, fire companies, sports organizations and other organizations raising funds for benevolent and/or charitable purposes may petition the Mayor for a waiver of the designated permit fees. All applicants requesting fees to be waived are required to submit an application not less than 30 days prior to the date of the function. The application shall state the date and location of the function or event. Upon approval of the application, the applicant will be issued a temporary event license.
(f)
Inspections. The City of Lebanon may conduct the following types of inspections of food facilities prior to the issuance of a new or renewal of a license, periodically throughout the year to determine if the licensee is in compliance with the requirements of the Food Code, or upon the receipt of a complaint or complaints from the public or any federal, state, or local agency or its agents that the licensee is not in compliance with requirements of the Food Code:
(1)
Annual or regular inspection (one inspection included with the annual license fee).
(2)
Preopening inspection (one preoperational and one preopening inspection included in license fee).
(3)
Compliance inspection. If inspection interval is more than one time per year due to the factors set forth in Section 8-4, "Inspection and Corrections of Violations," a fee of $75 shall be assessed for each inspection conducted.
(4)
Complaint inspection. If a complaint is found to be valid, a fee of $75 shall be assessed.
License display; license nontransferable (addition).
(a)
Licenses herein provided for shall specify the date of issuance, the period which is covered, the name of the issuing authority and the place permitted or licensed premises. Such licenses shall be conspicuously displayed at all times. Licenses shall not be transferable. A license shall be required for each retail food facility.
8.911.10 Authorities, methods, fines, and sentences for criminal proceedings (amended).
(a)
The City of Lebanon may seek to enforce the provisions of this Code and its orders by instituting criminal proceedings as provided in law against the permit holder or other persons who violate its provisions.
(b)
Any person violating this article shall, upon conviction, be guilty of a misdemeanor, punishable by:
(1)
A fine of not less than $100 nor more than $300 and/or imprisoned not more than 90 days, plus costs of prosecution, for the first offense.
(2)
A fine of not less than $300 nor more than $1,000 and/or imprisoned not more than 90 days, plus costs of prosecution, for all succeeding offenses.
(c)
Each day that a violation continues after due notice has been served shall be deemed a separate offense. A person who violates any provision of this article or any rule, regulation, standard or order made under this article commits a misdemeanor of the third degree if the violation is a third or subsequent offense and if the violation occurs within two years of the date of the last previous offense.
8.911.13 Authorities, methods, fines, and sentences for civil proceedings (amended).
(a)
The City of Lebanon may seek to enforce the provisions of this Code and its orders by instituting civil proceedings as provided in law against the permit holder or other persons who violate its provisions.
(b)
In addition to any criminal fines and sentences imposed as specified in § 8- 911.10, or to being enjoined as specified in § 8-912.10, a person who violates a provision of this Code, any rule or regulation adopted in accordance with law related to food establishments within the scope of this Code, or to any term, condition, or limitation of a permit issued as specified in §§ 8-303.10 and 8-303.20 is subject to a civil penalty of not less than $100 nor more than $300 and/or imprisoned not more than 90 days, plus costs of prosecution.
(c)
Each day that a violation continues after due notice has been served shall be deemed a separate offense. A person who violates any provision of this article or any rule, regulation, standard or order made under this article commits a misdemeanor of the third degree if the violation is a third or subsequent offense and if the violation occurs within two years of the date of the last previous offense.