The purpose of this chapter is to safeguard the public health
and ensure that consumers are provided food that is safe, unadulterated
and honestly presented.
A position to be called the "Health Officer" is established
for the Borough. This position is filled by the appointment of Council.
The Health Officer has the power and duties as laid out in this chapter
and in applicable state laws.
As used in this chapter, the following terms shall have the
meanings indicated:
FOLLOW-UP INSPECTION
Any inspection to review whether changes have been made to
correct violations that resulted in noncompliant status determined
by a prior inspection.
LICENSE
Retail food license as defined by 7 Pa. Code Chapter
46 and Act 106 of 2010, Subchapter A, Retail Food Safety.
MOBILE FOOD VENDOR
Any food vendor that is operating in a trailer, tent or vehicle,
or any other structure that is not located inside a permanent commercial
structure that is serviced by municipal water and sewer services.
NEW RETAIL FOOD ESTABLISHMENT
A retail food establishment that is requesting an annual
food license to begin operations for a location they do not have licensed
in their name for more than 14 days. This retail food license expires
on December 31 of each year it is issued.
NUISANCE INSPECTION
Any inspection for any licensed retail food establishment
requiring more than two inspections in a twelve-month period due to
repeat violations or verified complaints.
OTHER INSPECTION FEE
An inspection that is required under PA Act 106 of 2010 for
a retail food facility or for a retail food facility that is exempt
from licensing (but not inspection) under Subsection A, Retail Food
Safety Act, or an inspection that is not required but is requested
by the owner or operator of a current or future retail food facility
for any reason. The other inspection fees due at the time of the inspection.
A certificate of inspection will be issued after a complaint inspection
is completed and all fees collected.
RENEWAL
The reissuance of an annual food license for retail food
establishment operated for more than 14 days per year that is not
a mobile food vendor. This retail food license is issued and expires
December 31 in the year it is issued.
TEMPORARY RETAIL FOOD LICENSE
A food vendor that is operating in a single trailer, tent
or vehicle or any other structure that sells retail food items for
a period of 14 days or less at any one single event or celebration.
This retail food license is issued for a period not more than 14 days.
The provisions, terms, procedures, appendices and standards in 7 Pa. Code Chapter
46, with the exception of Section 46.114, License Requirements, are adopted to the extent they do not conflict with the requirements of this chapter.
This chapter shall become effective upon adoption.
The provisions of all prior ordinances which are inconsistent
with the terms of this chapter are hereby repealed.
Any amendment to any of the fees in this chapter may be amended
by Borough Council through the passage of a resolution at a public
meeting.
Any establishment who violates or fails to comply with any provision
of this chapter will be subjected to a fine of $100 up to $1,000,
imprisonment for up to 90 days, or both. Each day's continuance
of a violation of this chapter shall constitute a separate offense.