As used in this article, the following terms
shall have the meanings indicated:
The room, enclosure, space or area where one or more vending
machines are installed and operated.
The use of any written, printed or graphic matter upon or
accompanying products or containers dispensed from vending machines,
including signs or placards displayed in relation to such products
so dispensed, which is false or misleading or which violates any applicable
local, state or federal labeling requirements.
Any self-service device which, upon insertion of a coin,
coins, token or tokens or by other similar means, dispenses food,
beverage or ice, either in bulk or package, without the necessity
of replenishing the device between each vending operation.
[Added 11-18-1987 by Ord. No. 3069]
A.
Application for a permit shall be on forms provided
by the Board, which shall set forth the name, residence and business
address of the applicant, the names of the persons operating the establishment
or establishments from which the prepared or perishable food will
be obtained and the manufacturer and model number of each vending
machine.
B.
Every food vendor shall, upon demand, furnish to the
Board such additional information as it may require to enable it to
determine whether the provisions of this Health Code are being complied
with. Failure to furnish this information promptly shall result in
the refusal to issue or the revocation of the food vendor's permit.
A.
It shall be unlawful for any person to sell or distribute
to the public any food or beverage, including ice, from any type of
vending machine without obtaining a permit from the Board.
[Amended 11-18-1987 by Ord. No. 3069]
B.
The name, address and number of the operator's permit
shall at all times be kept posted prominently in or at each machine
location. Unless previously revoked or suspended, all permits shall
remain in effect for one year following the date of issuance.
C.
Where food is processed outside the Township and sold
by means of a vending machine in the township, written permission
for the Director of Building and Planning to inspect such processing
establishment shall be secured by the applicant. In lieu of such inspection,
the Director of Building and Planning may accept reports from a responsible
health officer of the processor's municipality.
[Amended 1-18-2006 by Ord. No. 3768]
[Amended 9-21-1977 by Ord. No. 1802]
Each applicant, at the time of applying for
a permit to operate vending machines in the Township, shall pay an
annual inspection fee as set forth in the Township Schedule of Fees,
as adopted and amended from time to time by the Board of Commissioners.[1]
All single-service containers which receive
food or beverage from machines dispensing such products in bulk shall
be purchased in sanitary cartons or packages which protect the containers
from contamination, shall be stored in a clean dry place until used
and shall be handled in a sanitary manner. Such containers shall be
stored in the original carton or package in which they were placed
at the point of manufacture until introduced into the container magazine
or dispenser of the vending machines. The vending machine magazine
or dispenser shall protect the food contact surface of single-service
articles from manual contact, dust, insects, rodents and other contamination.
A.
All vending machines used for the dispensing of food
and beverages shall be of a design and construction equivalent to
or in excess of the standards approved by the National Automatic Merchandising
Association or the National Sanitation Foundation.
B.
All vending machines shall be mounted on legs six
inches or more in height or mounted on casters or rollers or mounted
on gliders to permit them to be easily moved unless the machine is
effectively sealed to the floor.
[Amended 11-18-1987 by Ord. No. 3069]
C.
All service connections through an exterior wall of
the machine, including water, gas, electrical and refrigeration connections,
shall be grommeted or sealed to prevent the entrance of insects and
rodents.
D.
The non-product-contact surfaces of the interior of
vending machines shall be so designed and constructed as to permit
easy cleaning and to facilitate maintenance operations.
E.
All product-contact surfaces of vending machines shall
be smooth, in good repair and free of breaks, corrosion, open seams,
cracks and chipped places. The design of such surfaces shall be such
as to preclude routine contact between food and V-type threaded surfaces.
All joints and welds in product-contact surfaces shall be smooth,
and all internal angles and corners of such surfaces shall be rounded
to facilitate cleaning.
F.
All product- or ingredient-contact surfaces of vending
machines, including containers, pipes, valves and fittings, shall
be constructed of nontoxic, corrosion resistant and relatively nonabsorbent
materials and shall be kept clean. All containers, valves, fittings,
chutes and faucets which are in contact with food shall be easily
and readily removable and so fabricated as to be easily disassembled;
and when disassembled, all surfaces shall be visible for inspection
and cleaning. In machines of such design that food-contact surfaces
are not readily removable because of their function, in-place cleaning
of such surfaces may be permitted, provided that:
(1)
They are so arranged that cleaning and bactericidal
solutions can be circulated throughout the fixed system.
(2)
Such solutions will contact all interior surfaces.
(3)
The system is self-draining or otherwise completely
evacuated.
(4)
The cleaning procedures result in thorough cleaning
of the equipment.
G.
The openings into all nonpressurized containers used
for the storage of vendable foods and ingredients, including water,
shall be provided with covers which prevent contamination from reaching
the interior of the containers. Such covers shall be designed to provide
a flange which overlaps the opening and shall be sloped to provide
drainage from the cover where the collection of condensation, moisture
or splash is possible. Concave covers or cover areas are prohibited.
Any port opening through the cover shall be flanged upward at least
3/16 inch and shall be provided with a cover which overlaps the flange.
Condensation or drip deflecting aprons shall be provided on all piping,
thermometers, equipment, rotary shafts and other functional parts
extending into the container unless a watertight joint is provided.
Such aprons shall be considered as satisfactory covers for those openings
which are in continuous use. Gaskets, if used, shall be of a material
which is nontoxic, relatively stable and relatively nonabsorbent and
shall have a smooth surface. All gasket retaining grooves shall be
readily cleanable.
H.
The delivery tube or chute and orifice of all bulk
food and bulk beverage vending machines shall be protected from normal
manual contact, dust, insects, rodents and other contamination. The
design shall be such as to divert condensation or other moisture from
the normal filling position of the container receiving the food or
beverage. The vending stage of such machines shall be provided with
a tight-fitting, self-closing door or cover which is kept closed except
when the machine is in the process of delivering food or beverage,
provided that the delivery tube, chute or orifice of machines vending
only dry, nonreadily perishable bulk foods may be designed to permit
the degree of customer access to food contact surfaces which is necessary
for self-service.
I.
The product storage compartment within vending machines
dispensing packaged liquid products shall be so constructed as to
be self-draining, or shall be provided with a drain outlet which permits
complete draining of the compartment. All such drains shall be easily
cleanable.
[Amended 11-18-1987 by Ord. No. 3069]
All water used in vending machines shall be
of a safe and sanitary quality and shall be provided from a source
constructed and operated in accordance with applicable law.
A.
All plumbing connections and fittings shall be installed in accordance with the provisions of Chapter 115, Plumbing.
B.
Where check valves are used for the protection of
the water supply system, a screen of not less than 100 mesh to the
inch shall be installed in the water supply line immediately upstream
from the check valves.
C.
In any vending machine in which product ingredient
water is pushed by carbon dioxide from pressurized portable containers
into icemakers or other components, copper or other potentially toxic
material shall not be used to store or pipe such water.
A.
Self-closing, leakproof, readily cleanable, plainly
labeled and designated waste container or containers shall be provided
in the vicinity of each machine or machines to receive used cups,
cartons, wrappers, straws, closures and other single-service items.
Such waste containers shall not be located within the vending machine,
provided that an exception may be made for those machines dispensing
only packaged products with crown closures, in which case the closure
receptacle may be located within the machine. Suitable racks or cases
shall be provided for multiuse containers or bottles.
B.
Containers shall be provided within all machines dispensing
liquid products in bulk for the collection of drip, spillage, overflow
or other internal wastes.
C.
An automatic shutoff device shall be provided which
will place the vending machine out of operation before such container
overflows, provided that vending machines which are not connected
to a water supply line and whose icemaker condensate or melt water
does not discharge into a waste container and which are equipped with
two or double product valves per circuit shall not be required to
have such an automatic shutoff device. Containers or surfaces on which
such wastes may accumulate shall be readily removable for cleaning,
shall be easily cleanable and shall be corrosion resistant. If liquid
wastes from drip, spillage or overflow which originate within the
machine are discharged into a sewerage system, the connection to the
sewer shall be through an air gap.
A.
Employees shall wash their hands immediately prior
to engaging in any vending machine servicing operation which may bring
them into contact with food, beverages, ingredients or with product-contact
surfaces of utensils, containers or equipment.
B.
No person while infected with a disease in a communicable
form that can be transmitted by foods or who is a carrier of organisms
that cause such a disease or while afflicted with a boil, an infected
wound or an acute respiratory infection shall work in food service
in any capacity in which there is a likelihood of such person contaminating
food or food-contact surfaces with pathogenic organisms or transmitting
disease to other persons.
[Amended 11-18-1987 by Ord. No. 3069]
A.
Samples of food, drink, ingredients, containers or
any substance used in connection with food vending machines may be
taken by a duly authorized representative of this Board for examination
as often as may be deemed necessary for the detection of an impure
or insanitary condition. Any food, drink or any substance used in
connection with the food vending machine may be condemned, removed
or destroyed by or under the direction of a duly authorized representative
of the Board if, in the judgment of the representative, such food,
drink or substance is adulterated, decomposed, impure, unfit for human
consumption or dangerous to the public health. Any food, drink or
other substance may be stopped from sale or use and placed under an
embargo by any representative of the Board for as reasonable a period
of time as may be required to make investigations or examination,
if such may be necessary to determine that the food, drink or other
substance is adulterated, decomposed, impure, unfit for human consumption
or dangerous to the public health. No food, drink or other substance
shall be used, removed, destroyed or otherwise disposed of while under
such embargo except by or under the direction of a representative
of the Board.
B.
The owner of products placed under embargo by virtue
of any power granted under this Health Code shall have the right to
appeal to the Board. The Board shall afford a hearing and shall give
due notice of the time and place of the hearing to the owner of such
goods. As a result of the hearing, the Board shall have the right
to stay or set aside the order.
