Township of Patton, PA
Centre County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Patton 10-14-2009 by Ord. No. 2009-514.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former Ch. 83, Food Handling, adopted 10-12-1973 by Ord.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.
[1]
Editor's Note: See 7 Pa. Code Chapter 46.
[2]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
[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
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.
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 his/her 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.
B. 
Eating and drinking places. In addition to all other applicable local, state and federal regulations, all eating and drinking places must comply with the Pennsylvania Clean Indoor Air Act.[1]
[1]
Editor's Note: See 35 P.S. § 637.1 et seq.
C. 
Retail food establishments. In addition to all other applicable local, state and federal regulations, all retail food establishments must comply with the Pennsylvania Clean Indoor Air Act.[2]
[2]
Editor's Note: See 35 P.S. § 637.1 et seq.
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. 
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. 
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.
C. 
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.
D. 
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.
E. 
Certification.
(1) 
All certified food employees who shall have passed an examination administered by the State College Department of Ordinance Enforcement and Public Health, on payment of the fee provided for herein, shall receive a certificate issued by the Department of Ordinance Enforcement and Public Health.
(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 Department of Ordinance Enforcement and Public Health.
(3) 
The fees payable for certified food employee will be set by resolution of Borough Council from time to time.
F. 
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.
G. 
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 Department 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.
(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 his 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.