[Ord. 694-2005, 5/18/2005; as amended by Ord. 716-2006, 7/5/2006; and by Ord. 757-2009, 7/1/2009]
1. 
The following sections of the Food Code, 2005, Recommendations of the United States Public Health Service/Food and Drug Administration, are hereby revised as follows:
A. 
§ 8-202.10, "Trade Secrets," shall be amended to read as follows:"
The regulatory authority shall treat as confidential, in accordance with law, information that meets the criteria under law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified in §§ 8.201.12 and 8.201.14 and is designated on such forms, plans and specifications as a trade secret.
B. 
§ 8-301.11, "Prerequisite for Operation," shall be amended to read as follows:
A person may not operate a food establishment without having the food establishment inspected by the East Pennsboro Township Board of Health, and procuring from said Board of Health a permit therefore which permit fee, application and form, and any other matter pertaining thereto, shall be issued by said Board of Health in accordance with the most updated version of the food code and the rules, regulations and laws of the Commonwealth of Pennsylvania and its various departments and boards then pertaining.
C. 
§ 8-301.12, "Permit Fees," shall be inserted to read as follows:
Every applicant for a permit to conduct or operate a food establishment in East Pennsboro Township pursuant to the Act of the General Assembly of May 23, 1945, P.L. 926, as amended, shall pay to the Department of Housing and Community Development a fee or fees for each such establishment which shall include, the permit fee prescribed by the said Act, in accordance with the fee resolution of the Board of Commissioners.
D. 
§ 8-303.30(C), "Denial of Application for Permit Notice":
(C) Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided under § 8-805.10(D).
E. 
§ 8-402.20(A)(3), "Refusal, Notification of Right to Access, and Final Request for Access," shall be amended to read as follows:
(A)(3) If access is denied, an order pursuant to § 8-802.10 issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to law.
F. 
§ 8-403.30, "Issuing Report and Obtaining Acknowledgment of Receipt," shall be amended to read as follows:
At the conclusion of the inspection and according to § 8-701.10 hereof, the regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt.
G. 
§ 8-402.40, "Inspection Order to Gain Access," shall be amended to read as follows:
If denied access to a food establishment for an authorized purpose and after complying with § 8-402.20, the regulatory authority may issue, or apply for the issuance of, an inspection order pursuant to § 8-802.10 to gain access as provided under law, or may revoke or deny the food establishment permit.
H. 
§ 8-501.20(C), "Restriction or Exclusion of Food Employee, or Suspension of Permit Summary," shall be amended to read as follows:
(C) Closing the food establishment by summarily suspending a permit to operate after having given notice of the suspension of the permit and an indication of the acts necessary in order to have the suspension lifted.
I. 
§ 8-501.30(C), "Restriction or Exclusion Order: Warning or Hearing Not Required, Information Required in Order," shall be amended to read as follows:
(C) States that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided in § 8-805.10(C) and (D).
For the provisions of Parts 8-6, Constitutional Protection, 8-7, Notices, and 8-8 Remedies, the phrase "regulatory authority" shall mean the Board of Commissioners of East Pennsboro Township, except as that term is used in §§ 8-701.20(B), 8-801.10, 8-802.10, 8-802.20, 8-803.10, 20, 30 (except F), 40, 51, 60, 70, 80, 90, 8-804.10, 20, 40, 50; 8-805.10 (except D); 8-809.10, 20, 30, 40, 50.
J. 
§ 8-602.10, "Right of Recipients of Orders or Decisions," shall be amended to read as follows:
A recipient of a regulatory authority order or decision may file a petition for judicial review in the Court of Common Pleas of Cumberland County after available administrative appeal remedies are exhausted.
K. 
§ 8-803.10, "Hold Order, Justifying Conditions and Removal of Food," shall be amended to read as follows:
The regulatory authority may place a hold order on a food that originated from an unapproved source or that may be unsafe, adulterated, not honestly presented, not labeled according to law or otherwise not in compliance with this code.
L. 
§ 8-805.10(B), "Response to Notice of Hearing or Request for Hearing, Basis and Time Frame," shall be amended to read as follows:
(B) A permit applicant may request a hearing regarding the disposition of an application for a new or revised permit if the regulatory authority does not issue or deny the permit within 30 days of the receipt by the regulatory authority of the application.
M. 
§ 8-805.40, "Provided in Accordance with Law," shall be amended to read as follows:
Hearings shall be conducted pursuant to the Pennsylvania Local Agency Law.
N. 
§ 8-805.50(A)(1), "Timeliness, Appeal Proceeding Within 10 Business Days, Other Proceedings Within 30 Calendar Days," shall be amended to read as follows:
(A)(1) Except as provided in K(B) of this section, within 10 business days after receiving a written request for an appeal hearing from:
O. 
§ 8-805.60, "Notice, Contents," shall be amended to read as follows:
A notice of hearing to respondent shall contain the following information: § 8-805.70, Proceeding Commences Upon Notification, is deleted in its entirety. § 8-805.100, Record of Proceeding.
All testimony in a hearing may be stenographically recorded and a full and complete record may be kept of the proceedings. In the event all testimony is not stenographically recorded and a full and complete record of the proceedings is not provided by the regulatory authority, such testimony shall be stenographically recorded and a full and complete record of the proceedings shall be kept at the request of any party agreeing to pay the cost thereof.
P. 
§ 8-806.10, "Appointment by Regulatory Authority and Purpose," shall be amended to read as follows:
(B) Make a recommendation concerning administrative remedies to achieve compliance with this code.
(C) Delete this subsection in its entirety.
Q. 
§ 8-806.20, "Qualifications," shall be amended to read as follows:
A hearing officer shall be knowledgeable of the provisions of this Part as they relate to hearings, and be:
(A) A regulatory authority representative other than the person who inspects the food establishment.
R. 
§ 8-806.30, "Powers, Administration of Hearings," shall be amended to read as follows:
(A) A hearing officer shall have the following powers in a hearing in which the hearing officer presides:
1. Setting and conducting the course of a hearing requested in accordance with or authorized by this code.
2. Issuing subpoenas in the name of the regulatory authority at the request of a party to a hearing, administering oaths and affirmations, examining witnesses and receiving evidence.
3. Delete this subsection in its entirety.
4. Delete this subsection in its entirety.
S. 
§ 8-806.40, "Powers, Administrative Remedies," shall be deleted in its entirety.
T. 
§ 8-807.30, "Evidence to be Excluded," shall be amended to read as follows:
The regulatory authority or hearing officer shall not be bound by technical rules of evidence at hearings, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.
U. 
§ 8-807.40, "Testimony Under Oath," shall be amended to read as follows:
Testimony of parties and witnesses shall be made under oath or affirmation administered by the hearing officer or ranking member of the regulatory authority.
V. 
§ 8-807.60, "Documentary Evidence," shall be amended to read as follows:
Documentary evidence may be received in the form of a copy or excerpt if said copy or excerpt is duly authenticated.
W. 
§ 8-809.10, "Gaining Access to Premises and Records," shall be amended to read as follows:
If any owner, operator, occupant or other person in charge of a food establishment refuses, impedes, inhibits, interferes, restricts or obstructs entry and free access to the food establishment and premises under his or her control or to any part thereof, with respect to any authorized inspection, the health officer may, upon showing probable cause exists for the inspection, file a complaint and may petition for and obtain an order directing compliance with the inspection requirements of this Part from a court of competent jurisdiction, including a magisterial district judge. Any person who refuses to comply with such an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for a violation of a court order.
X. 
§ 8-810.10, "Institution of Proceedings," shall be amended to read as follows:
(A) Proceedings to enforce this code may be instituted by the regulatory authority according to law, including, but not limited to, issuing a citation or summons and by filing a complaint with a court of competent jurisdiction.
Y. 
§ 8-811.10, "Authorities, Methods, Fines and Sentences," shall be amended to read as follows:
(B) A person who violates a provision of this code or this Part, or who fails to comply with any of the requirements thereof shall, upon conviction thereof, pay a fine of not more than $1,000 and costs of prosecution or undergo imprisonment not exceeding 30 days, or pay both the fine and costs and undergo imprisonment.
Z. 
§ 8-813.10, "Petitions, Penalties, and Continuing Violations," shall be amended to read as follows:
(B) In addition to any criminal fines and sentences imposed as specified in § 811.10, or to being enjoined as specified in § 8-812.10, a person who violates a provision of this Code, any rule or regulation adopted in accordance with the law related to food establishments within the scope of this code or to any term, condition, or limitation of a permit issued as specified by §§ 8-303.10 and 8-303.20, is subject to a civil penalty not exceeding $1,000 per violation.