[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 4-27-2011 by Ord. No.
499.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 44.
Fees — See Ch. 77.
Garbage, rubbish and refuse — See Ch. 95.
Recycling — See Ch. 145.
Zoning — See Ch. 182.
[1]
Editor's Note: This ordinance also repealed former Ch.
89, Food Handling Establishments, adopted as Ch. 71 of the 1979 Code,
as amended.
[Amended 5-27-2015 by Ord. No. 516]
Chapter 89 of the Code of Parkside Borough is hereby established and shall be entitled "Food-Handling Establishments." The Borough of Parkside shall adopt by reference the new Pennsylvania Food Code Regulations (7 Pa. Code Chapter 46) as adopted by the Department of Agriculture on May 12, 2014, as if fully set out in this chapter and as may, from time to time, be amended. The new Pennsylvania Food Code Regulations shall include, but not be limited to, the following statutes:
A.
Any and all persons, companies, corporations, markets, stores or
similar establishments which handle, vend, sell or expose for sale
within the Borough of Parkside, Pennsylvania, 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 $100. All
monies collected shall be paid over to the general fund of the Borough
of Parkside.
B.
The following retail food facilities are exempt from licensing but
not inspection:
(1)
Those that sell only raw agricultural commodities, like produce.
(2)
Soup kitchens and food banks operated by charitable nonprofit organizations.
(3)
Those that operate three or fewer calendar days each year.
(4)
Those that operate to support youth extracurricular activities on
a nonprofit basis, such as booster clubs.
(5)
Nonprofits only offering nonpotentially hazardous foods or beverages,
such as at bake sales.
(6)
Those that sell only prepackaged, nonpotentially hazardous food.
Any and all persons, companies, corporations, markets, stores
or similar establishments which handle, vend, sell or expose for sale
within the Borough of Parkside, Pennsylvania, 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 the storage, handling
and sale of food or food products.
For the protection, health and well-being of the citizens of Parkside, Pennsylvania, safe, sanitary and proper conditions are defined to be those as defined by the Pennsylvania Department of Agriculture, rules and regulations under Title 7, Chapter 46, adopted December 12, 2003.[1]
[1]
Editor's Note: See 7 Pa. Code § 46.1 et seq.
The Health Officer of the Borough of Parkside 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 of Parkside, Pennsylvania, at any time during business
hours. At least one inspection shall be made during each calendar
year, prior to April 1.
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 of Parkside 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.
[Amended 12-21-2016 by Ord. No. 538]
The cost of each inspection shall be $100. 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 are as follows:
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 Parkside, 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 shall be subject to a fine of $300 for each day that
the offense continues, together with the costs of prosecution.
A.
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.
B.
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.
C.
Certification exemptions include retail food facilities that are:
Any person, company, corporation, market, store, restaurant
or similar establishment which shall fail to comply with the provisions
of this chapter shall immediately cease and desist operations upon
written orders from the Health Officer and further be subject to pay
a fine of $300 for each and every day of the violation, as well as
costs of prosecution.
