[Amended 5-6-2002 by Ord. No. 955; 5-17-2012 by Ord. No. 1092]
As used in this chapter, the following terms
shall have meanings indicated.
Any individual or business entity who packages, stores or
serves food or drink to a designated party under a private agreement.
The Pennsylvania Department of Agriculture.
An article used for food or drink by humans, including chewing
gum and articles used for components of any article. The term does
not include medicines and drugs.
A room, building or place or portion thereof or a vehicle
maintained, used or operated for the purpose of commercially storing,
packaging, making, cooking, mixing, processing, bottling, baking,
canning, freezing, packing or otherwise preparing, transporting or
handling food. The term excludes retail food facilities, retail food
establishments, public eating and drinking places and those portions
of establishments operating exclusively under milk or milk products
permits.
All putrescible wastes, except sewage and body waste, including
animal and vegetable offal.
A grant to a proprietor to operate a retail food facility.
The Board of Health of the Borough of Media[1] or the Pennsylvania Department of Agriculture.
A person, partnership, association or corporation conducting
or operating a retail food facility within this commonwealth.
A place within this commonwealth where food or drink is served
to or provided for the public, with or without charge. The term does
not include dining cars operated by a railroad company in interstate
commerce or a bed-and-breakfast homestead or inn.
An establishment which stores, prepares, packages, vends,
offers for sale or otherwise provides food for human consumption and
which relinquishes possession of food to a consumer, directly or indirectly,
through a delivery service such as home delivery of grocery orders
or a delivery service provided by common carriers. The term does not
include dining cars operated by a railroad company in interstate commerce
or a bed-and-breakfast homestead or inn.
Any and all retail food-handling establishment(s) may obtain
a permit from Media Borough for the limited calendar time period of
May 1 through and including September 30 for the time period of 8:00
a.m. until 11:00 p.m. for outdoor dining on a sidewalk that is contiguous
to the property lines of the establishment. Umbrellas for the purpose
of shielding patrons from weather and such elements may be affixed
to outdoor tables in a manner which prevents the umbrellas and/or
tables and/or chairs from tipping. Umbrellas shall not contain any
written advertisements for the food establishment(s) or vendor(s).
Umbrellas shall not exceed the dimensions of the tables if vertical
lines are drawn upward to where an umbrella would span, nor can the
umbrellas in height impede pedestrians' headroom. Temporary barricades,
as approved by the Code Enforcement Officer, shall be placed at the
edge of the usable sidewalk area for the food establishment in order
to delineate the usable space for the food establishment and the usable
walk area. Such barricades shall be in place during the hours of use.
The location of outdoor dining may not use driveways or areas that
are used for off-street parking.
Any public eating or drinking place which operates at any
location for a temporary period of time not to exceed more than 14
consecutive calendar days, regardless of whether the establishment
operates continuously during this time, in connection with a fair,
carnival, circus, public exhibition or similar transitory gathering.
Any place, whether temporary or permanent, stationary or
mobile, where food or drink is packaged, stored, sold or offered for
sale at wholesale or for resale by a retailer.
[1]
Editor's Note: The Board of Health of the Borough of Media
was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent
any duties performed by the Board of Health are not assumed by the
County Department of Health, such duties shall be assumed by the Borough
Health Officer or the Borough Code Enforcement Officer or his or her
designee."
This chapter is to provide regulations for the
sanitary treatment and serving of food and drink in the various food
establishments in the Borough of Media.
[Amended 5-17-2012 by Ord. No. 1092]
The provisions of Commonwealth of Pennsylvania Department of
Agriculture Title 7, Chapter 46,[1] and Chapters 57 and 65, codified at 3 Pa.C.S.A,[2] as may be amended from time to time, are hereby adopted
and incorporated into this section as if fully set out herein. No
proprietor shall operate or conduct a food establishment within this
Borough except in compliance with the Rules and Regulations of the
Commonwealth of Pennsylvania Departments of Health and Agriculture
pertaining to food establishments.
A.
Proprietors shall not operate a food establishment
or conduct any food service within the Borough of Media except in
compliance with this chapter.
B.
No person or entity shall operate a food establishment
or food service without first obtaining a license from the Media Board
of Health[1] and paying an annual license fee at time of application.
[1]
Editor's Note: The Board of Health of the Borough of Media
was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent
any duties performed by the Board of Health are not assumed by the
County Department of Health, such duties shall be assumed by the Borough
Health Officer or the Borough Code Enforcement Officer or his or her
designee."
C.
Licenses are nontransferable. All licenses must be
posted in a conspicuous location upon the subject premises.
D.
A proprietor in possession of a valid license to operate
a food establishment who fails to comply with this chapter may have
the license either revoked or suspended by the Media Health Officer
or agent during the license period, and/or may be subject to fine(s).
A.
All licenses must be renewed annually and will expire
on August 31. A common annual renewal date of September 1 is established
for all food establishments. An application for license must be filed
by August 1 or 30 days prior to start of operations. An application
received after the annual common renewal date will be subject to a
late fee. Failure to renew license by November 1 will subject license
holder to revocation of license and/or fines.
B.
Application for a license to operate a food establishment
shall be on forms provided by the Media Board of Health which shall
set forth the name, residence, business address and telephone number(s)
of the applicant, the name of the person(s) operating the establishment,
the square foot floor area and any additional information, which the
Board of Health may require to enable it to determine whether the
provisions of this Health Code are being complied with.
C.
An applicant for a license must be at least 18 years
of age and be the owner of record or an officer of the business entity.
A.
Establishments licensed by the Media Board of Health
shall be inspected at least once in every six-month period. All licensed
establishments shall stand ready for inspection at all times.
B.
All licensed establishments will be rated and inspection
schedules will be based upon the eatery ratings:
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"A" - Semiannual Inspection (Grade of "A").
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"B" - Semiannual Inspection (Grade of "B").
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"C" - Quarterly Inspection (Grade of "C").
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"D" - Monthly Inspection. Food menu may be restricted
(Grade of "D").
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"F" - Will not be allowed to operate until facility
operation has been brought up to the standard of at least a "C" grade.
(Grade of "F").
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An inspection rating will be upgraded after
three successive inspections showing an improvement in scored rating
and/or other criteria that is established for the proposed upgrade
rating. Food establishments will be graded as follows:
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A = Excellent Rating
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Meets or exceeds the Health Standards established
for the State of Pennsylvania and the Borough of Media.
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Has no inspection deficiency.
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Has a written employee training protocol which
is available for inspection and keeps documentation of staff training.
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Has written HAACP flow for all food items served.
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Has a certified food manager on the staff who
is exclusive to that food serving facility.
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B = Good Rating
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Meets or exceeds the Health Standards for the
State of Pennsylvania and the Borough of Media.
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Has no inspection deficiency.
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Provides ad hoc training for employees in food
handling, food processing and sanitation.
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Monitors basic temperature/time activities and
related appliances.
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C = Satisfactory Rating
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Meets the Health Standards for the State of
Pennsylvania and the Borough of Media.
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Has no critical inspection item deficiency.
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Has no more than 30 noncritical inspection points.
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Minimal training provided to employees in food
handling and processing and sanitation.
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D = Unsatisfactory Rating
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Has deficiencies in meeting the Health Standards
established for the State of Pennsylvania and the Borough of Media
of more than 30 noncritical inspection deficiency item points, and/or
10 or more critical inspection deficiency item points.
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Food (menu) items allowed to be served will
be restricted.
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F = Not Allowed to Operate
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Does not meet minimal Health Standards established
for the State of Pennsylvania and the Borough of Media.
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Will not be licensed or license will be revoked
and operation/establishment will be closed and not allowed to serve
food or food products.
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Every person employed or permitted to work for any person or persons, association or corporation operating or conducting any hotel, food vendor business, catering business or other public eating or drinking place in the Borough of Media, including the proprietor or any member of his family assisting in such enterprise, shall be subject to the rules and regulations referenced in § 173-3.
Such samples of food, drink, ingredients, containers
or any substance used in connection with the preparation of food or
drink may be taken by the Media Borough Health Officer or agent of
Borough for examination as often as may be deemed necessary for the
detection of an impure or unsanitary condition. Any food, drink or
any substance used in connection with the preparation of food or drink
sold, offered for sale or kept may be condemned, removed or destroyed
by or under the direction of the Media Borough Health Officer or agent
of Borough if, in its judgment, such food, drink or substance is decomposed,
contaminated, impure, unfit for human consumption or dangerous to
the public health. Any such food, drink or other substance may be
stopped from sale or use and placed under an embargo by the Media
Borough Health Officer or agent of Borough for such reasonable period
of time as may be required to make investigations or examination,
if such may be necessary, to determine that such food, drink or other
substance is decomposed, impure, unfit for human consumption or dangerous
to the public health. No such 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 the Media Borough Health
Officer or agent of Borough.
A.
Whenever the proprietor of a food establishment shall
fail to keep his food establishment in a sanitary condition or whenever
food or drink or the sale of the same is likely to cause or transmit
disease, the Media Borough Health Officer or agent of Borough, upon
proper notification, shall order closed such food establishment until
it shall have been put in a sanitary condition or until the food or
drink or the sale of the same shall be no longer likely to cause any
illness or transmit disease. The proprietor of the food establishment,
when so ordered, shall immediately comply with and obey such order
and shall not conduct further operations until permission has been
granted by the Media Borough Health Officer or agent of Borough.
B.
Failure of the proprietor to comply with the order
of the Media Borough Health Officer or agent of Borough shall result
in an order to close and padlock said premises until he shall have
complied with the order of the Media Borough Health Officer or agent
of Borough.
License and inspection fees will be based upon
the actual costs to the Borough for administering inspections. A formal
Inspection Fee Schedule will be promulgated, from time to time, by
the Board of Health[1] and ratified by ordinance or resolution of Borough Council.
[1]
Editor's Note: The Board of Health of the Borough of Media
was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent
any duties performed by the Board of Health are not assumed by the
County Department of Health, such duties shall be assumed by the Borough
Health Officer or the Borough Code Enforcement Officer or his or her
designee."
Wherever a food-handling establishment maintains
garbage in containers, including, but not limited to, trash cans and
dumpsters, on any Borough sidewalk, such sidewalk area shall at least
twice annually, in the months of May and October, be machine-cleaned
to the satisfaction of the Media Board of Health (or the Media Borough
Code Enforcement Officer acting officially therefor). The full cost
of such cleaning shall be borne by the licensee; the Borough may,
at its option:
