[Adopted by the Borough Council of the Borough of Plymouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1962 by Ord. No. 3-1962]
From and after the effective date of this article, it shall be unlawful for any person in any capacity whatsoever, whether as employer, employee, proprietor or as a member of the proprietor's family, to handle in any manner whatsoever any unwrapped or unpackaged food, foodstuffs, milk or drinks intended for human consumption, without cooking, by the public, within the territorial limitations of the Borough of Plymouth, unless such person shall have first obtained a certificate from the Health Officer of Plymouth Borough, which certificate shall not be issued until the applicant produces and gives to the said Health Officer a statement from a reputable recognized roentgenologist, or a certificate of the X-ray service provided by the Wyoming Valley Tuberculosis and Health Society, showing that the applicant has had a chest X-ray examination within one year of the date of the application for said certificate from the said Health Officer and that the report from his roentgenologist states there is no evidence showing that the applicant is now suffering from active tuberculosis and that the findings, as a result of chest X-ray examination, are negative or do not reveal active tuberculosis in its transmissible state and that it is the professional opinion of said roentgenologist or the roentgenologist of said X-ray service that said applicant is not suffering from active tuberculosis in its transmissible state.
It shall be unlawful for any individual who is granted a license by the Board of Health of Plymouth Borough in accordance with the provisions of this article whose license has been suspended or revoked because the licensee is inflicted with or suffering from active tuberculosis in its transmissible stage and who shall thereafter knowingly suffer from tuberculosis to handle any food, foodstuffs, milk or drink.
It shall be unlawful for any proprietor of any business or any employer to persist in the handling of food, foodstuffs, milk or drink for human consumption, without cooking, in the Borough of Plymouth by any individual who has not been examined under the provisions of this article or whose certificate has been suspended because the licensee was suffering from tuberculosis.
The Health Officer of the Borough of Plymouth is hereby charged with the administration and enforcement of the provisions of this article and is hereby empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this article, including provisions for establishing a system of permanent records for all food handlers and/or persons subject to the provisions of this article. Any person aggrieved by any decision of the Health Officer shall have the right to appeal to the Plymouth Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person to handle food, foodstuffs, milk or drink intended for human consumption, without cooking, for the public, without having fully complied with this article. Any person violating any of the provisions of this article shall, upon summary conviction thereof in a summary proceeding before any Magisterial District Judge, be sentenced to pay a fine not more than $600 and costs and, in default of the payment of such fine and costs, shall be imprisoned in the county jail for a period not exceeding 30 days. Each and every day upon which any person violates or continues to violate the provisions of this article shall constitute a separate offense.
The Council finds this article is necessary for the immediate preservation of the public health and public safety and determines that it shall take effect immediately upon its final passage and publication.
[Adopted 6-8-1982 by Ord. No. 14-1982]
[Amended 3-10-1992 by Ord. No. 5-1992; 3-9-2004 by Ord. No. 1-2004]
The fee for a health license shall be $1, while the fee for a health inspection shall be in the sum of $49. Said fees in the sum of $50 shall be due upon the issuance of said health license.