[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 10-14-2009 by Ord. No. 2009-514[1] (Ch. 83 of the 1996 Code). Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded original
Ch. 83 of the 1996 Code, Food Handling, adopted 10-12-1973 by Ord.
No. 95, as amended.
[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,[1] issued under the Retail Food Facility Safety Act of 2010[2] 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:
Both public eating and drinking places and retail food establishments
collectively.
The Township of Patton, Centre County, Pennsylvania.
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)]
A.
In accordance with the Acts, no
person shall conduct or operate a food establishment within the Township
without first obtaining a license from the Township. No license shall
be issued until inspection of the premises, facilities, and equipment
of such food establishment has been made by the duly appointed representative
of said municipality and found to comply with the provisions of the
Acts and Department of Agriculture rules and regulations.
B.
Application for a license and
the required fee shall be submitted to the Health Officer or their
designee prior to erection, structural alteration, occupancy, or operation
of any food establishment and/or prior to the issuance of any building
permit by the Centre Region Code Administration Department.
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.
A.
Home-processed foods. An applicant
proposing to operate a food establishment where only home-processed
foods will be sold shall provide verification of state licensing by
the Department of Agriculture. Upon receipt of verification, the applicant
will be deemed to be in compliance with this chapter and no additional
Township licenses will be required.
D.
Outdoor eating areas. Licensed
food establishments that provide exterior eating areas and allow smoking
in these areas shall provide cigarette butt disposal containers, and
must keep their premises free from the same. Failure to comply with
this requirement is declared to be a violation of this chapter and
is subject to the penalties contained herein.
E.
Requirement. Licensed food establishments
that sell or serve food or beverages through a walk-up window shall
provide interior lobby or seating space for their customers. Such
space shall be available to customers whenever the establishment is
open for business. The lobby or seating space shall be sized so as
to provide space for customers waiting for service and so that they
are not forced to block or obstruct the public sidewalk. Establishments
may not block or obstruct public sidewalks in providing walk-up window
service. Food establishments with a walk-up window shall also provide
at least one refuse receptacle near the window and on their premises
for their customers' use. Refuse receptacles shall be maintained such
that refuse is not allowed to spill or blow onto the public right-of-way.
F.
Hours of operation. Licensed food
establishments that sell or serve food or beverages through a walk-up
window shall cease selling or serving food through a walk-up window
no later than 12:00 midnight, prevailing time, and may reopen no earlier
than 7:00 a.m., prevailing time.
[Amended 4-25-2012 by Ord. No. 2012-541]
A.
CERTIFIED FOOD EMPLOYEE
Definitions. The following definitions
shall apply to this section:
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.[1]
[1]
Editor's Note: See 7 Pa. Code Chapter 46 and 3 Pa.C.S.A. § 5701
et seq., respectively.
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.
A.
License fee. The applicant shall
pay a fee with the application for the license, which fee shall be
made payable to the Township and shall cover the ordinary administration
of this chapter, including the initial and one additional inspection
of the premises by the inspector. Such fees shall be established from
time to time by resolution of the Township.
B.
Additional inspection. In the
event that the Township deems it necessary to make an additional inspection
under the Acts and regulations of the Department of Agriculture, as
required to be made as a result of any action or inaction by the applicant,
the applicant shall pay to the Township the actual cost of such additional
inspection made by the Township, which shall be paid to the Township
prior to the issuance of the license.
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.
