[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 8-15-2005 by Ord. No. 407 (Ch. 72 of the 1982 Code).
Amendments noted where applicable.]
A certain document, three copies of which are
on file in the office of the Secretary of the Township of Muhlenberg,
being marked and designated as the "Food Code" published by the Bureau
of Food Safety and Laboratory Services, Division of Food Safety, December
13, 2003, and also known as Chapter 46, "Food Code," of the Department
of Agriculture Charter, is hereby adopted as the Food Code of the
Township of Muhlenberg, Berks County, Pennsylvania, providing for
inspections of any sale of food, certification of inspectors, licensing
fees and penalties for noncompliance; and each and all of the regulations,
provisions, penalties, conditions and terms of said Food Code on file
in the office of the Township of Muhlenberg are hereby referred to,
adopted, incorporated herein by reference, and made a part hereof
as if fully set out in this chapter, with the additions, insertions,
deletions and changes, if any, prescribed in this chapter.
A.
[1]Inspections. Inspections of food-selling establishments
shall be conducted annually, with follow-up inspections as appropriate,
based on inspection results, at the discretion of the Health Officer,
his duly appointed inspectors, the Code Enforcement Officer and any
other duly authorized agents of the Township. Mobile vendors shall
have their vehicles inspected before a health license is granted.
[Amended 4-20-2009 by Ord. No. 469]
B.
Inspectors assigned
by the Health Officer shall be provided with training courses paid
for by the Township and shall in due course achieve certification
such as offered by the Commonwealth of Pennsylvania or other certifying
agencies.
C.
Equipment. All
inspectors shall be provided with all the equipment and tools necessary
to properly inspect food-selling establishments and mobile food vendors
as established by this Food Code and the Health Officer of the Township.
D.
Fees. A schedule
of fees to be paid before a health license is issued to any food-selling
establishment or mobile vendor operating in the Township shall be
established by resolution of the Township of Muhlenberg.
E.
Failure to pay
health license fee by due date. A penalty of double the original license
fee shall be collected from any business owner who fails to pay the
original amount by the due date printed on the bill.
F.
Failure to correct
violation(s). Administrative fees as set from time to time by the
Board of Commissioners shall be charged for each noncorrected violation
and return visit required and for any failure to be present at a scheduled
inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every food facility or food establishment shall
comply with the requirements of the Pennsylvania Food Employee Certification
Act.[1] The written certification shall be posted at all times
at a location within the food facility or food establishment visible
to the general public.
[1]
Editor's Note: See 7 Pa. Code § 46.1201.
A.
Enforcement. The
Food Code shall be enforced by the Health Officer, his duly appointed
inspectors, the Code Enforcement Officer and any other duly authorized
agents of the Township.
B.
Violations of
the Food Code/penalties. Any person, firm or corporation who shall
violate any provisions of the Food Code as herein adopted, or this
chapter, shall be, upon conviction thereof, sentenced to a fine of
not less than $300 for the first violation, $500 for the second violation
and not more than $1,000 for each violation thereafter, plus costs.
In default of payment of said fine and costs, the defendant shall
be sentenced to a term of imprisonment not to exceed 30 days. Each
day that a violation continues shall constitute a separate offense.
A.
Violation notice.
Whenever the Health Officer, his duly appointed inspectors, the Code
Enforcement Officer or any other duly authorized agents of the Township
determine that the holder of any health license has violated any of
the provisions of this Food Code, such persons may serve written notice
upon such licensee to appear before the Township Board of Health to
show cause why such license shall not be revoked. Such notice shall
contain a brief statement of the violation and the time and place
of hearing, which shall be held within 20 days after the receipt of
notice.
B.
Hearing. The licensee
may appear in person or with counsel and present evidence regarding
the violation and show cause why the license shall not be revoked.
The Township Board of Health shall receive such information, evidence
and testimony as may concern the circumstances of the violation, and
the formal rules of evidence shall not apply.
C.
Revocation and
suspension of license. If the Health Officer shall determine that
any of the provisions of the Food Code, as amended, have been or are
being violated, he may temporarily suspend or revoke such license
and cause all business operations to immediately cease, cause the
establishment to discontinue the business of selling food to the public,
and direct that the building be immediately vacated and closed.
D.
Reinstatement
of license. Reinstatement of suspended or revoked license shall not
be effected unless the act, default or omission which was grounds
for suspension or revocation shall have been remedied prior to the
time of reinstatement.