[Ord. No. 1-2022, 3/28/2022]
1. As used in this article, the following terms shall have the meanings
indicated:
FOOD VENDOR
Any person who transports, distributes or sells to the public
prepared foods or perishable food, of a kind deemed by the Health
Officer to be capable of causing human foodborne illness, from any
truck, trailer, cart, bicycle or other vehicle or from any vending
machine, container or other type of equipment.
PERISHABLE FOOD
Any food or beverage or ingredients, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infections or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
VENDING EQUIPMENT
Any self-service device offered for public use which, upon
insertion of a coin or token, or by other means, dispenses unit servings
of food or beverage, either in bulk or in package, without the necessity
of replenishing the device between each vending operation.
[Ord. No. 1-2022, 3/28/2022]
1. Applications for licenses shall be on forms provided by the Board
of Health, which applications shall set forth the name, residence
and business address of the applicant and the names of the persons
operating the establishment or establishments from which the prepared
or perishable food will be obtained.
2. Every food vendor shall, upon demand, furnish to the Health Officer
such additional information as the Health Officer may require to enable
it to determine whether the provisions of these rules and regulations
are being complied with. Failure to furnish such information promptly
or failure to secure written permission to inspect or reinspect sources
of food supplied shall result in the refusal to issue or the revocation
of the food vendor's license.
[Ord. No. 1-2022, 3/28/2022]
1. It shall be unlawful for any person to sell or distribute to the
public prepared or perishable food from any food vending vehicle or
from any vending equipment without obtaining a license from the Board
of Health. The fee for such a license shall be as set from time to
time by resolution of the Board of Supervisors. Licenses shall be
granted for a period of one year or portion thereof; said year shall
commence when the license is issued and shall be valid until the last
day of the month issued one year later. Such license shall be conspicuously
displayed at all times in the place thereby licensed and shall not
be transferable. Application for renewal of a license shall be made
at least 30 days before the expiration date of the existing license.
A late fee computed at 10% of the license fee shall be assessed for
each month, or part thereof, that the license fee is paid more than
30 days after the due date.
2. A license will not be issued to any person until the Health Officer
or any of the proper authorities has inspected and approved the establishment
and equipment from which the food is to be obtained, and such licensee,
manufacturer or producer shall pay a fee for such inspection in the
amounts as set from time to time by resolution of the Board of Supervisors
for the first vehicle and for each additional vehicle. In the case
of food and beverage vending machines, the annual inspection fees
shall be as set from time to time by resolution of the Board of Supervisors
per location for the first two machines and for each additional machine.
A sticker shall be affixed to the apparatus indicating that it has
been licensed for the current year.
3. Any such establishment shall be equipped and operated in compliance with the provisions of Article
1 of this chapter rules and regulations or requirements of the Board of Health now in effect or hereafter adopted. The license shall at all times be kept posted prominently in the food vending vehicle or on the equipment.
[Ord. No. 1-2022, 3/28/2022]
Licenses may be suspended or revoked for violation by the holder
thereof of these rules and regulations. No license shall be suspended
or revoked without a licensee being given a hearing before the Board
of Health.
[Ord. No. 1-2022, 3/28/2022]
1. This article shall not apply to:
A. The transportation and wholesale delivery of food or produce to retail
food stores for the purpose of resale.
B. The transportation and delivery of food to public eating and drinking places duly licensed under Article
1 of this chapter.
C. Any manufacturer or producer in the sale of meat and meat products
and milk and milk products. Nothing contained in this article shall,
however, relieve any person engaged in the manufacture, distribution
and sale of milk and milk products from complying with 7 Pa. Code
Chapter 59a, Milk Sanitation, as amended.
[Ord. No. 1-2022, 3/28/2022]
The Health Officer shall be permitted to enter upon any private
or public property in this Township where vending equipment is operating
to inspect the servicing, maintenance and operation of such equipment
for the purpose of determining compliance with the provisions of these
rules and regulations. The operators of vending machines shall make
provisions for the Health Officer to have access to the interior of
all vending machines operated by such operators.
[Ord. No. 1-2022, 3/28/2022]
1. No person who is affected with any disease in a communicable form
or a carrier of such disease shall work as a food vendor, and no food
vendor shall employ any such person or persons suspected of being
affected with any disease in a communicable form or of being a carrier
of such disease. If the licensee suspects that any employee has contracted
any such disease in a communicable form or has become a carrier of
such disease, he shall notify the Health Officer immediately.
2. Procedure Where Infection is Suspected. Where there is reasonable
ground for the Health Officer to suspect that there is transmission
of an infectious disease from any employee to the public, the Health
Officer is authorized to require the licensee to forthwith carry out
any of the following measures:
A. The immediate exclusion of the employee from their place of employment.
B. The immediate cessation of use and removal of the vending equipment
until the danger of disease outbreak ceases to exist.
C. Adequate medical examination of the employee and of his associates,
including appropriate laboratory examinations.
D. Any other action allowed or required by law.
[Ord. No. 1-2022, 3/28/2022]
1. The floors, walls, ceiling, shelves, compartments and container holders
in food vending machines shall be of such construction as to be readily
cleaned and shall be kept clean and in good repair. Food vending vehicles
shall be equipped to provide light of not less than 10 footcandles
at the face of the shelf, display or storage space at such time as
food shall be dispensed therefrom.
2. In establishments where new installation of vending equipment is
made, such equipment shall be equivalent to or in excess of that specified
by the National Sanitation Foundation standards.
3. Syphon breakers shall be installed on all water-supplied vending
equipment.
4. Refrigerating equipment of approved design shall be provided on any
food vending vehicle or equipment from which perishable foods are
dispensed.
5. Cold beverages, sandwiches and other perishable foods shall be kept
under dry refrigeration at a temperature of 40° F. or lower.
[Ord. No. 1-2022, 3/28/2022]
1. There shall be no preparation of food on the vending vehicle. All food shall be prepared and wrapped in a licensed establishment complying with all of the provisions of Article
1 of this chapter.
2. Food to be distributed by any food vendor shall be protected from insects and the elements. All food in the possession of a food vendor shall be packaged or wrapped and sealed in unbroken, individual containers and remain therein until received by the customer. Beverages shall be distributed in the original container or from an automatic vending machine of approved type designed to dispense the beverage in a single-service container from bulk. Water carried in food vending vehicles shall be clean and cold and shall conform to the provisions of Article
4 of this chapter.
[Ord. No. 1-2022, 3/28/2022]
1. Garbage and trash shall at all times be kept in metal containers
with tight-fitting lids and disposed of at frequent intervals so as
not to create a nuisance.
2. All plumbing connected with food vending equipment shall be installed in accordance with the plumbing requirements of Thornbury Township Construction Code (see Chapter
5, Article
2, of the Code of the Township of Thornbury, as amended).