[HISTORY: Adopted by the Borough Council of the Borough of Kane 8-11-1997
by Ord. No. A-925. Amendments noted where applicable.]
A.
The following are hereby declared by the Council of the
Borough of Kane to be against the public health, welfare and good order. It
shall be illegal for any person, persons, company or corporation to act, permit
or allow any of the actions in this chapter.
B.
The term "person" in this chapter shall include the plural
as well as the singular, and shall also apply to any company or corporation,
wherever appropriate.
Any and all persons, companies, corporations, markets, stores or similar
establishments which handle, vend, sell or expose for sale within the Borough
of Kane, Pennsylvania, any food or food product meant for human consumption
shall each and every calendar year undergo an inspection by the Health Officer
certifying to the sanitary and proper conditions required for both the storage,
handling and sale of food of food products.
For the protection, health and well-being of the citizens of Kane, Pennsylvania,
safe, sanitary and proper conditions are defined to be those as defined by
the Pennsylvania Department of Health, plus any further conditions and regulations
as enacted by any ordinance of the Borough of Kane, Pennsylvania.
The Health Officer and/or any Health Board Member of the Borough of
Kane is hereby authorized and ordered to enter into or upon any property,
public or private, in order to make the required inspection or inspections
of all places where food or food products meant for human consumption are
held, stored or exposed for sale or sold, either at retail or wholesale, within
the Borough of Kane, Pennsylvania, at any time during business hours. At least
one inspection shall be made during each calendar year.
All establishments covered by this chapter shall maintain a rest room
containing soap and running hot water. A sign shall be prominently posted
which states "All Employees Must Wash Hands With Soap and Water Before Returning
to Work," or words to that effect. Furthermore, all employees are to be verbally
instructed as to this requirement: Form 1 and Form 2, Annex 7, of the Food
Code, Section 7, Public Eating and Drinking, requiring the food establishment
to have all employees fill out a health report and update if any changes occur.
[Amended 1-12-1998 by Ord.
No. A-928]
The following are the maximum temperatures at which the following foods
and beverages are to be stored:
At least once a week, all garbage, trash and refuse shall be collected
by that agent employed by the establishment. Prior to collection, all trash
and refuse must be kept within a fully enclosed container or closed plastic
bag. All garbage must be kept within a garbage can with a tight-fitting lid
to absolutely exclude all insects, rodents and animals. None of the materials
mentioned in this section may be openly exposed for any reason whatsoever,
either deliberately or accidentally. For the purpose of this section, "garbage"
is defined to be any organic matter.
The cost of each inspection shall be $50 and the cost of the license
shall be $10. All moneys collected shall be paid over to the general fund
of the Borough of Kane.
Any person, company, corporation, market or store or similar establishments
which shall fail to obtain a license or have the employee fill out and update
the health report as required by this section shall immediately cease and
desist operations upon written orders from the Health Officer or Kane Borough
Manager. Any establishment which continues operation in violation of this
section shall, upon conviction, pay a fine of not less than $200 for each
and every day of the violation, as well as all costs of prosecution. In default
of payment of fine and costs, the offender shall be committed to prison for
not fewer than 10 days for each day the violation existed.
[Amended 3-9-1998 by Ord.
No. A-930]
Any establishment in which there exists any unsanitary conditions, any
condition or conditions which present a threat or hazard to the health and
well-being of the patrons of the establishment or the citizens of Kane, shall
be given not less than one hour nor more than one week to correct the improper
condition or conditions. A reinspection fee of $30 will be charged to the
establishment for the first reinspection. Upon failure of the owners to correct
the offending condition or conditions a second time, an immediate closure
of the business shall be ordered. The Health Officer or borough representative
shall immediately place at the entrance a sign reading "Closed by the Health
Officer or Code Enforcement Officer." Any establishment which continues operation
after the issuance of the closure order or which removes, causes to be removed
or permits the removal of the aforementioned sign by anyone except the Health
Officer, Code Enforcement Officer or Borough representative shall be subject
to a fine of not less than $150 nor more than $300 for each day that the offense
continues, together with the costs of prosecution. In default of payment of
fines and costs, the owner shall be imprisoned for 15 days for each day of
the violation.
Any non-profit organization, such as churches, firehouses or clubs,
shall be exempt from the provisions of this chapter, except that they shall
be inspected and licensed at a ten-dollar charge, provided that they meet
the standards set forth in Appendix A.[1] These organizations will be exempt from § 143-13.
The 1997 Food Code U.S. Public Health Service FDA, printed by the United
States Department of Health and Human Services - Public Health Service - Food
and Drug Administration, shall be a guideline of all establishments set forth
in this chapter, until January 1, 1999, at which time it shall become regulation,
subject to change with each new publication every two years.
The following regulations have been developed to help concessionaires
operate temporary food service establishments in a sanitary manner and to
minimize the possibility of a food borne illness.
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1.
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A temporary food service establishment is defined as a 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.
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2.
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License. All temporary food service establishments must obtain and post
a valid license in accordance with the Borough. An inspection must be performed
by the Health Board prior to the issuance of the license. There will be a
$10 fee for each license issued. Reinspection can be done at any time.
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3.
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General.
[Amended 1-12-1998 by Ord.
No. A-928] | ||
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A.
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All food must be clean, wholesome, free from spoilage, free from adulteration
and safe for human consumption.
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B.
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No person who is infected with of is a carrier or a communicable disease
shall work in any temporary food establishment.
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C.
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Smoking is not permitted in any food preparation or service area.
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D.
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If the temporary establishment is using single service items such as
disposable plates and utensils the following rules do not apply:
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(1)
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Sewage section does not apply.
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(2)
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Water Supply section does not apply, except for cold water.
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(3)
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Cleaning and sterilization of disposable single service items does not
apply.
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4.
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Food preparation and storage.
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A.
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All potentially hazardous foods must be kept cold (less than 40º
F.) or hot (more than 140º F.) at all times.
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B.
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Minimum internal cooking temperatures:
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Poultry
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165º F.
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Pork
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150º F.
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Beef**
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140º F. (Ground Beef products 155º F.)
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**(and other potentially hazardous food requiring cooking.)
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C.
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Potentially hazardous frozen foods must be thawed:
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(1)
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At refrigeration temperatures of 40º F. or below.
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(2)
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Under cool, potable running water (70º F. or below).
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(3)
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In a microwave.
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(4)
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As part of the cooking process.
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D.
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Do not thaw at room temperature or in standing water.
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E.
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All ice must be obtained from an approved source. All ice served in
beverages or used in the preparation of foods must be stored in a non-porous,
easily-cleanable, covered container. Styrofoam coolers are not acceptable.
An ice scoop must be used.
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F.
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All refrigeration must be capable of maintaining food temperatures of
40º F. or below. Food must be stored under mechanical refrigeration wherever
electricity is available. If electricity is not available, food may be stored
on ice in an easily-cleanable ice chest as long as the following requirements
are met:
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(1)
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Food must be stored in sealed containers.
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(2)
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The cap or pouring lip on canned and bottled beverages must not be submerged
in the ice.
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(3)
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The ice chest must have a drain to prevent water accumulation.
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(4)
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The ice must not be served in any beverages.
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G.
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Use utensils such as tongs and spatulas to minimize food contact. Single
service utensils may not be reused.
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H.
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Store all food up off the floor or ground.
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I.
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No leftovers are to be used, served or sold in a temporary food service
establishment. Hot held foods that are not used by the end of the day must
be discarded.
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J.
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Foods on display must be covered. Condiments such as sugar, cream, ketchup,
mustard, etc. should be served in individual packets or squeeze containers.
All self-service condiments must be covered.
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5.
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Water supply.
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A.
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All water must be obtained from an approved source.
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B.
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Each establishment must be provided with hot and cold running water
piped to the establishment OR have an adequate supply on hand - the water
must be stored in a clean, covered container (5 gallon minimum capacity) that
has a dispensing spout. NO dipping is permitted.
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C.
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If hot water is not available, a means of heating water must be provided.
Hot plates and coffee urns are acceptable.
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6.
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Hand washing.
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A.
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Each establishment must be provided with:
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(1)
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Clean water.
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(2)
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Soap.
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(3)
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Single use paper towels.
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(4)
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Waste water container.
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7.
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Cleaning of utensils and equipment.
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A.
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Three labeled containers of adequate size must be provided for cleaning
and sanitizing:
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(1)
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Wash (soapy water).
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(2)
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Rinse (clean water).
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(3)
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Sanitize (approved sanitizer and water).
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B.
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An approved sanitizer must be present for use on table tops, counters,
etc. Wiping cloths are to be stored in a solution of sanitizer and water.
Bleach is an acceptable sanitizer - 1 ounce of bleach to 3 gallons of water.
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8.
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Sewage.
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A.
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Each establishment not supplied with a built-in waste system must provide
a container of adequate size (5 gallon minimum capacity) with tight-fitting
lid for the retention of wash water and cleaning water.
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B.
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All waste water must be disposed of in a sanitary sewage system. Approved
dump stations and public restrooms are acceptable. DO NOT dump waste water
down storm sewers or onto the ground surface.
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C.
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Adequate toilet facilities must be provided on the premises. Portable
toilets must be provided if public restrooms are unavailable.
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9.
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Garbage.
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A.
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A leak-proof refuse container with tight-fitting lid must be provided
at each establishment.
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B.
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All refuse must be stored in a manner that will prevent insect and rodent
problems.
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10.
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Construction.
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A.
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All food contact surfaces must be smooth and easily cleanable.
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B.
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Overhead protection from weather must be provided for all food preparation
and storage area. Canvas, plastic, umbrellas, wood, etc. are acceptable.
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C.
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Flooring must be provided in the establishment. Acceptable flooring
include:
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(1)
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Concrete or blacktop.
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(2)
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Wood sheeting.
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(3)
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Linoleum or tile.
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D.
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All other equipment must be constructed and maintained in a manner consistent
with Borough standards.
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