In the interest of the health, safety, and welfare of the public, the City Council, acting on its authority as the City Board of Health, shall be the licensor for retail food facilities located within the City limits, including mobile food facilities for which the associated commissary/service area is located within the City limits. The City Health Officer shall administer and enforce the provisions related to retail food facilities in accordance with Pa Title 3, Agriculture, Chapter 57, Food Protection, Subchapter A, Retail Food Facility Safety and as amended;[1] the Mobile Food Facility Operation Guide dated May 2016, published by the PDA and subsequent editions thereof; additional guidelines as may be published by the PDA; and the provisions as established herein.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST HOMESTEAD OR INN
As defined by Section 5702 of Pa Title 3.[1]
COMMISSARY/SERVICE AREA
A facility to which a mobile food facility returns daily for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, and refilling water tanks and ice bins, and where food is kept, handled, prepared, packaged, or stored. This may not be a private residence and if located on a residential property must be completely separated from personal use areas.
EMPLOYEE
As defined by Section 5702 of Pa Title 3.[2]
FOOD CODE
The U.S. Food and Drug Administration's Model Food Code as adopted and amended by the Commonwealth of Pennsylvania; Pa Title 3, Chapter 57, Food Protection; and any other applicable laws and codes in effect including the provisions of this chapter.
FOOD EMPLOYEE
As defined by Section 5702 of Pa Title 3.[3]
HEALTH OFFICER
The Health Officer of the City of Sunbury or authorized representative.
LICENSE
As defined by Section 5702 of Pa Title 3.[4]
LICENSOR
The City Council of the City of Sunbury, acting upon its authority as the City Board of Health, shall be the licensor for permanent food facilities located within the City limits. The PA Department of Agriculture shall be the licensor for mobile food facilities operating within the City limits.
MOBILE FOOD FACILITY (MFF)
A movable retail food facility, such as a stand, vehicle, cart, basket, box or similar structure, from which food is stored, prepared, processed, distributed or sold and the facility:
A. 
Physically locates at one site or location for no more than 14 consecutive days, in one calendar year, regardless of whether or not the facility operates continuously during that time period; and
B. 
Is not licensed as a temporary retail food facility (TFF) under Section 5703(g)(2) of the statute.[5]
OWNER/OPERATOR
A person, partnership, association or corporation conducting or operating a mobile food facility.
PERMANENT FOOD FACILITY
A nonmovable retail food establishment, including but not limited to a restaurant, club, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, fire hall, soda fountain and all other public eating and drinking establishments, as well as kitchens in which food and drink are prepared for sale elsewhere to the public.
PERSON
Person, firm, corporation or association, either an owner or employee.
PERSON IN CHARGE
As defined by Section 5702 of Pa Title 3.[6]
POTENTIALLY HAZARDOUS FOOD
As defined by Section 5702 of Pa Title 3.[7]
PROPRIETOR
As defined by Section 5702 of Pa Title 3.[8]
PUBLIC EATING OR DRINKING PLACE
A place within this commonwealth where food or drink is served to or provided for the public, with or without charge. The term does not include dining cars operated by a railroad company in interstate commerce or a bed-and-breakfast homestead or inn.
RETAIL FOOD ESTABLISHMENT
An establishment which stores, prepares, packages, vends, offers for sale or otherwise provides food for human consumption and which relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or delivery service provided by common carriers. The term does not include dining cars operated by a railroad company in interstate commerce or a bed-and-breakfast homestead or inn.
RETAIL FOOD FACILITY
A public eating or drinking place or a retail food establishment.
TEMPORARY FOOD FACILITY
A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5702.
[2]
Editor's Note: See 3 Pa.C.S.A. § 5702.
[3]
Editor's Note: See 3 Pa.C.S.A. § 5702.
[4]
Editor's Note: See 3 Pa.C.S.A. § 5702.
[5]
Editor's Note: See 3 Pa.C.S.A. § 5703(g)(2).
[6]
Editor's Note: See 3 Pa.C.S.A. § 5702.
[7]
Editor's Note: See 3 Pa.C.S.A. § 5702.
[8]
Editor's Note: See 3 Pa.C.S.A. § 5702.
This chapter and the provisions herein apply to retail food facilities operating within the City of Sunbury, including permanent food facilities and mobile food facilities supported by a commissary operating within the City of Sunbury, and shall not apply to temporary food facilities as defined herein.
The following retail food facilities shall be exempt from the license requirements of the City of Sunbury.
A. 
A retail food facility in which only prepackaged, nonpotentially hazardous food or beverages are sold.
B. 
A retail food facility that sells only raw agricultural commodities.
C. 
A retail food facility that is in compliance with the act of July 20, 1974 (P.L. 537, No. 184), referred to as the Honey Sale and Labeling Act,[1] and in which 100% of the regulated products offered for human consumption are produced or processed on the farm on which the retail food facility is located.
[1]
Editor's Note: See 31 P.S. § 381 et seq.
D. 
A food bank owned by a charitable nonprofit entity and operated for charitable or religious purposes.
E. 
A soup kitchen owned by a charitable nonprofit entity and operated for charitable or religious purposes.
F. 
A retail food facility that operates on no more than three days each calendar year.
G. 
A school cafeteria.
H. 
A retail food facility that is owned by a charitable nonprofit entity and that is one or more of the following:
(1) 
Managed by an organization which is established to promote and encourage participation or support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis. This subsection does not apply to organized camps.
(2) 
Offers only foods that are nonpotentially hazardous foods or beverages.
(3) 
The exemption shall be void and the provisions for licensure shall apply when the facility is required by the PA Liquor Control Board to have such license.
I. 
A retail food facility in which food or beverages are sold only through a vending machine.
J. 
A retail food facility which is owned by a church, association of churches or other religious order, body or institution which:
(1) 
Qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501).
(2) 
Is not subject to unrelated business income taxation under Section 511, 512 or 513 of the Internal Revenue Code of 1986 for activities undertaken under this chapter.
K. 
A retail food facility that is exempted from the license requirements under this section shall remain subject to all other provisions of this chapter and inspection, which shall be conducted upon request or complaint or may be conducted as a random spot inspection at any time.
The retail food facility owner/operator shall indemnify and hold harmless the City of Sunbury, its agents, servants, workmen, employees, and City Council members from any and all liability arising out of their engaging in retail food sales in the City of Sunbury. Nothing herein shall be construed to waive, relinquish, or limit any defenses available to the City of Sunbury under the governmental immunity laws of the Commonwealth of Pennsylvania.