[Amended 4-25-2012 by Ord. No. 2012-541]
Food establishments, as defined herein, are declared to be subject
to the provisions of the rules and regulations adopted by the Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, Food Code Regulation, issued under the Retail Food Facility Safety Act of 2010 as now enacted and as may be hereafter amended. A copy
of these regulations shall be supplied to any person operating a food
establishment, on request.
[Amended 4-25-2012 by Ord. No. 2012-541]
The definitions, as set forth in the rules and regulations of
the Department of Agriculture of the Commonwealth of Pennsylvania,
Title 7, Chapter 46, as now enacted and as may be hereafter amended,
are included herein by reference. In addition to the definitions set
forth in the Act, the following words and phrases shall have the meaning
ascribed to them in this section, unless the context indicates otherwise:
FOOD ESTABLISHMENT
Both public eating and drinking places and retail food establishments
collectively.
MUNICIPALITY
The Township of Patton, Centre County, Pennsylvania.
PENNSYLVANIA DEPARTMENT OF AGRICULTURE RULES AND REGULATIONS
The rules and regulations adopted by the Pennsylvania Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, and the Retail Food Facility Safety Act of 2010 as now enacted
and as may be hereafter amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township shall have the right of inspection at the submission
of the application and from time to time to determine compliance with
the terms of the Acts. The Township Supervisors shall from time to
time designate and appoint an inspector who shall carry out the inspections
in accordance with this chapter, the Acts and Department of Agriculture
rules and regulations, which are incorporated herein.
[Amended 4-25-2012 by Ord. No. 2012-541]
A. Definitions. The following definitions
shall apply to this section:
CERTIFIED FOOD EMPLOYEE
An employee of a food establishment who is in a supervisory
or management position or person in charge with respect to other employees
of the establishment and/or in some way responsible for the operation
of a food establishment.
B. The Patton Township Board of Supervisors has designated
the State College Borough Division of Ordinance Enforcement and Public
Health as its agent to provide training, examinations, and certification
of certified food employees in accordance with the provisions of Commonwealth
of Pennsylvania, Title 7, Chapter 46, Food Code, and the Retail Food
Facility Safety Act of 2010.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C. Board-approved training. The State
College Board of Health shall approve training programs based on the
state food establishment rules and regulations, adopted herein, for
the purpose of instructing prospective certified food employees in
the food-handling requirements.
D. Certified food employee on duty.
Each newly licensed food establishment shall within 90 days have within
their employ at least one certified food employee who is available
on the premises at all times or available by phone. Retail food establishments
that sell only prepackaged non-potentially hazardous food shall be
exempt from this requirement.
E. Examinations. Each certified food
employee shall be required to take a written examination approved
by the State College Board of Health and to achieve a passing grade,
which grade shall be determined by the Board of Health.
F. Certification.
(1) All certified food employees
who shall have passed an examination administered by the State College
Division of Ordinance Enforcement and Public Health, on payment of
the fee provided for herein, shall receive a certificate issued by
the Division of Ordinance Enforcement and Public Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) Certification shall be valid
for five years from the date of issuance, unless sooner suspended
or revoked, and shall be reissued only after successful reexamination
and payment of the required fee. All certificates issued shall be
exhibited in a place conspicuous to consumers and the State College
Division of Ordinance Enforcement and Public Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) The fees payable for certified
food employee will be set by resolution of Borough Council from time
to time.
G. Responsibilities of certified
food employee and/or person in charge. Certified food employees and
or the person in charge shall be required to daily observe, instruct,
and, if necessary, correct other food establishment employees. Certified
food employees shall further be required to observe, practice, and
conform with the provisions of Chapter 46, Food Code, and the Retail
Food Facility Safety Act of 2010.
H. Suspension and revocation of certificates.
(1) Any person certified hereunder
who knowingly fails to follow the responsibilities set forth herein
may be suspended by the State College Division of Ordinance Enforcement
and Public Health for a specified period. Any person certified hereunder
who knowingly submits false information to any representative of the
State College Board of Health or, having previously been suspended,
fails to perform the responsibilities set forth herein may have such
certification revoked by the State College Health Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) Any person whose certification
is suspended or revoked shall be notified of such action, in writing,
and shall have the right, within one week after receipt of such notice,
to request, in writing, a hearing before the State College Board of
Health. The said Board shall conduct such hearing as soon as possible
thereafter and shall determine whether such person shall have such
certification suspended, and the length of time thereof, or revoked.
Any person whose certification is revoked may not be recertified within
one year from the date of such revocation.
The Township shall have the power to institute in the Court
of Common Pleas of Centre County, Pennsylvania, proceedings in law
or in equity to restrain any and all violations of the Act and the
provisions of this chapter. Such proceedings shall be instituted in
the name of the Township of Patton.
[Amended 4-25-2012 by Ord. No. 2012-541]
Any person who shall violate any of the provisions of this chapter
or of the Acts or the rules, regulations or standards promulgated
hereunder shall be subject to the penalties set forth within the Retail
Food Facility Safety Act of 2010. Any person who resists or interferes
with any authorized representative of the municipality in the performance
of their duties shall, upon conviction thereof before any Magisterial
District Judge, be sentenced to pay a fine of not more than $1,000,
plus costs, to be paid to the municipality. If the defendant neither
pays nor timely appeals the judgment, the municipality may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day's continuance of a violation shall constitute a separate
offense.