A certain document, three copies of which have been and are presently on file in the office of the Health Officer of the Borough of Columbia being marked and designated as "Food Code 2001," published by the Public Health Service of the United States Food and Drug Administration of the United States Department of Health and Human Services, or any subsequent version thereof adopted by the Public Health Service of the United States Food and Drug Administration of the United States Department of Health and Human Services, be and hereby is adopted as part of this chapter for the regulation and control of food service sanitation within the Borough of Columbia and each and all of the regulations of said Food Code 2001 or any subsequently adopted Food Code of the Public Health Service of the United States Food and Drug Administration of the United States Department of Health and Human Services, except as provided in §
126-6 hereof are hereby referred to, adopted and made a part hereof as if fully set forth herein with the additions, insertions, deletions and changes, if any, prescribed in §
126-6 of this article.
Additions, insertions, deletions and changes
to the standards of the Food Code 2001, as amended from time to time,
are as follows:
A. "Food-service establishment" means any establishment
or section of an establishment where food is prepared, kept, stored,
manufactured or packaged or served, sold or offered for sale, with
or without charge. The term shall include eating and drinking places,
food stores and food vendors. The term shall not include food or beverage
vending machines or private homes where food is prepared and served
for individual family consumption.
B. "Eating and drinking place" shall mean any food-service
establishment where food is provided in individual portion service
for consumption on the premises. The term includes a restaurant, coffee
shop, cafeteria, cafe, luncheonette, tavern, sandwich stand, soda
fountain, private club, and the food preparation and dining areas
of hospitals, industrial plants, churches, schools and other educational
institutions, including day-care facilities. The term shall not include
food stores or food vendors.
C. "Food store" shall mean any food-service establishment
where food and food products are kept, prepared or offered to the
customer and intended for consumption off of the premises. The term
includes a supermarket, grocery, food-processing establishment, distributor,
commissary, take-out, bakery and candy store. The term shall not include
an eating and drinking place or food vendor.
D. "Food vendor" means any person, not a licensed caterer,
who transports, distributes or sells food using a mobile food unit,
including a push cart or hand-carried container, with the exception
of the transportation of food for delivery to licensed food-service
establishments, such as food store or eating and drinking places,
and the home delivery of milk and bakery products already under inspection.
The term includes food service delivery persons who deliver restaurant
take-out meals and/or prepared meals to the public.
E. "Milk and milk products" shall mean fluid milk and
fluid milk products used or serviced shall be pasteurized and shall
meet the Grade A quality standards as established by law. Dry milk
and dry milk products shall be made from pasteurized milk and milk
products.
F. Section 1-201.10(B)(32) as amended from time to time,
shall be amended to include the following statement:
Food shall be in sound condition, free from
spoilage, filth or other contamination and shall be safe for human
consumption. Food shall be obtained from sources that comply with
all laws relating to food and food labeling. The use of food in hermetically
sealed containers that was not prepared in a food-processing establishment
is prohibited. Where food is processed outside the Borough of Columbia
in a place or establishment other than a food-processing establishment
and used or sold in the Borough of Columbia, written permission from
the Health Officer of the Borough of Columbia to inspect such establishment
shall be secured by the applicant. In lieu of such inspection, the
Health Officer of the Borough of Columbia may accept reports from
a responsible Health Officer of the processor's municipality. Food
prepared in a home shall not be used, served or offered for sale.
G. A new Section 3-202.10 shall be added which shall
provide as follows:
All deliveries of food shall be made inside
the establishment unless food is stored in containers approved by
the Health Officer of the Borough of Columbia.
H. Section 3-305.14, as amended from time to time, shall
be revised to include the following statement:
No food preparation shall be allowed in any
cellar, basement, or other place below the natural surface of the
ground except with the written permission of the Board of Health of
the Borough of Columbia.
I. Section 6-404.11, as amended from time to time, shall
be amended to state as follows:
Products that are held by the permit holder,
such as unlabeled canned goods and cans showing rust, leakage or evidence
of internal pressure, shall not be used, offered for sale or given
away. Food items that are spoiled or that are in damaged containers
that may affect the product and those items that have been returned
to or are being detained by the food establishment because of spoilage,
container damage or other public health considerations shall be segregated
and held in designated areas that are separated from food, equipment,
utensils, linens and single-service and single-use articles, pending
proper disposition unless disposed of under the supervision of the
regulatory authority.
J. A new Section 3-501.10 shall be inserted and shall
provide as follows:
Potentially hazardous foods that are in a form
to be consumed without further cooking, such as salads, sandwiches,
and filled pastry products shall be prepared from chilled products.
K. A new Section 3-603.10 shall be inserted which shall
provide as follows:
When food sample demonstrations and food promotions
are authorized in a food establishment, the person in charge shall
insure that such activities comply with Chapter 2, Chapter 3, and
Section 4-103 of this Code.
L. Section 2-301.14, as amended from time to time, shall
be amended to include the following provision:
Employees shall thoroughly wash their hands
and the exposed portion of their arms with soap and water before starting
work.
M. Section 4-601.11, as amended from time to time, shall
be amended to include the following provision:
Cutting surfaces subject to scratching and scoring
shall be resurfaced so as to be easily cleaned or shall be discarded
when the surfaces can no longer be effectively cleaned and sanitized.
N. Section 4-202.11(A), as amended from time to time,
shall be amended to include the following provision:
All wall-mounted equipment, including shelves
and horizontal utility lines, shall be located at least 1/2 inch from
the wall, unless effectively sealed in a manner acceptable to the
Health Officer.
O. Section 4-301.12, as amended from time to time, shall
be amended to include the following provision:
Each compartment of the sink shall be supplied
with hot and cold potable running water.
P. Section 5-203.12, as amended from time to time, shall
include the following provision:
In any establishment where food is provided
to patrons for consumption on the premises, a toilet facility for
men and a toilet facility for women shall be provided. Toilets used
by patrons shall be located so as not to require the patrons to pass
through any food preparation areas.
Q. Section 6-202.14, as amended from time to time, shall
include the following provision:
Louvers may be installed in doors, if necessary,
for ventilation.
R. Section 5-203.11, as amended from time to time, shall
include the following provision:
At least one hand-washing sink and not fewer
than the number of hand-washing sinks required by law shall be installed
for patrons in all toilet facilities.
S. A new Section 8-303.25, Mobile Food Units, shall be
inserted which shall provide as follows:
Mobile food units or push carts serving only
food prepared, packaged in individual servings, transported and stored
under conditions meeting the requirements of this Code or beverages
that are not potentially hazardous and are dispensed from covered
urns or other protected equipment need not comply with the requirements
of this Code pertaining to the necessity of water and sewage systems
nor to those requirements pertaining to the cleaning and sanitation
of equipment and utensils if the required equipment for cleaning and
sanitation exists at a food-processing establishment.
a. There
shall be no preparation on a mobile food unit or push cart except
for those items approved at the time of application. All food in the
possession of a food vendor shall be prepared, wrapped and sealed
in individual containers at a commissary or food-processing establishment.
The food shall remain therein until received by the consumer. Beverages,
exclusive of milk and milk products, may be dispensed in bulk from
an approved container.
b. Sandwiches
and other packaged food shall be kept under dry refrigeration. Beverages
may be stored in ice so long as drains are provided which prevent
the accumulation of water in the storage compartment.
c. Garbage
and refuse shall be stored in easily cleanable, insect-proof containers
with tight-fitting lids which shall be emptied at least nightly. A
trash container shall also be accessible to the public for depositing
wrappers and litter.
d. Section
8-303.25 shall be amended by adding a sentence at the end of the paragraph
which shall provide that "The name of the establishment shall appear
on both sides of any mobile food unit or push cart in letters at least
two inches high."
T. A new Section 8-302.15, Applications, Permits and
Inspections, shall be added which shall provide as follows:
A permit, license or certificate shall be granted
for a period of one year from the date of issuance. Application for
renewal shall be made at least one-month prior to the expiration of
the existing permit, license or certificate. All food vendor permits
shall expire on December 31 following their issuance. Application
for renewal of a permit shall be made prior to December 1 of each
year for a further period of 12 months.
U. The following provisions shall be added and shall
provide as follows:
a. An annual
renewal/inspection fee shall be paid at the time of application based
upon the type of food-service establishment set forth in the Borough
schedule of fees as adopted and amended from time to time by Borough
Council of the Borough of Columbia.
b. An application
for a permit, license or certificate shall expire by limitation at
the end of three months from the date of receipt unless the Health
Officer, upon written request of the applicant presented prior to
the expiration date, extends the period due to unusual circumstances.
When an application shall have expired by limitation, the applicant,
upon written request, shall be entitled to receive a refund of an
amount equal to 50% of the annual inspection fee. No refund shall
be made after six months following the initial application.
c. Whenever
an inspection of a food-service establishment is made, the findings
shall be recorded on an official inspection report form of the Borough
of Columbia. Inspection remarks shall be written to reference, by
section number, the section violated and shall state the correction
to be made; however, omission of such section numbers shall not affect
the validity of the inspection report. A copy of the competed inspection
report form shall be furnished to the person in charge of the establishment.
V. Section 8-405.11, as amended from time to time, shall
be amended to include the following provision:
All violations involving sanitation or the presence
of insects and rodents shall be corrected within 24 hours or as noted
on the inspection form. A follow-up inspection shall be conducted
by the Health Officer to confirm correction.
W. A new Section 8-403.15, Inspection Report Form, shall
be added to and shall provide as follows:
The inspection report form shall be the current
inspection form used by the regulatory authority.
X. A new Section 8-201.20, Outdoor Dining, shall be added
which shall provide as follows:
a. An eating
and drinking place or a food store required to be licensed by the
Borough of Columbia under this article may apply for an addendum to
that license for the consumption, but not the service, of food and/or
nonalcoholic drinks outside of an enclosed or screened structure at
the licensed premises, provided that it limits the number of seats
available for such purpose to 12. Such license addendum shall be subject
to the following:
1. Each
application shall be accompanied by a floor plan drawn to scale showing
the location of tables and equipment, composition of materials used
and required setbacks.
2. Tables
and chairs must not obstruct or interfere with the use of alleyways,
driveways, parking areas or sidewalks and must be arranged to maintain
free and unobstructed aisles and exitways.
3. Surfaces
of tables shall be smooth, durable, and sealed to render them easily
cleanable. Convenient and adequate trash receptacles with self-closing
lids shall be provided.
4. The
license addendum shall only be granted to an establishment which has
not permitted health and sanitation violations or permitted refuse,
litter or trash on the licensed premises to remain uncollected, which
has not been issued repetitive notices of the same or similar violations
under this article in the prior license year and which has not operated
in such a manner as to constitute a public nuisance. The license addendum,
if granted, may be revoked should such conditions occur.
5. Dining
areas shall be located at least 20 feet away from the curb line of
abutting streets and, unless an approved barrier with a minimum height
of 2.5 feet is erected, at least 20 feet as well, from vehicular traffic
areas, such as alleys, active parking lots, driveways and truck-loading
zones. The Health Officer may grant a waiver of the twenty-foot setback
if the Public Safety Committee of the Borough Council of the Borough
of Columbia determines that some lesser setback would still provide
an adequate safety zone for patrons.
6. For
purposes of this subsection, up to three feet of linear seating is
the equivalent of one seat.
b. An eating
and drinking place required to be licensed by the Borough of Columbia
under this article may apply for an addendum to that license for the
consumption and/or the service of food and/or drinks outside of an
enclosed or screened structure at the licensed premises. Such license
addendum shall be subject to the requirements of Subsection a. above,
such regulations as the Board of Health shall promulgate and the following:
1. The
facility shall provide additional parking for the outside seating
in conformity with the provisions of the Zoning Ordinance of the Borough
of Columbia.
2. Unless
air curtains are installed at the entranceways to the establishment,
exterior tables shall be located at least five feet away from such
entranceways.
3. Floors
shall be hard-surfaced, not retain standing water, and shall be free
of cracks greater than 1/16 of an inch.
4. An outdoor
hose bib shall be provided and the area shall be cleaned at the end
of each business day. All food debris shall be removed prior to washing
down the area.
5. Food
preparation, the dispensing of bulk food, buffets and salad bars are
prohibited outdoors. Foods on display must be in individual servings
and prepackaged. All potentially hazardous foods must be held at the
proper temperature using mechanical refrigeration or approved hot-holding
equipment.
6. Nonhazardous
alcoholic beverages may be dispensed from cupboard containers or from
a service area with overhead protection in conformance with this article.
7. Adequate
personnel shall be specifically assigned to the outdoor dining area
and remove all leftover food items as soon as the customer leaves.
8. Alcoholic
beverages may be served outside by an establishment licensed by the
Commonwealth of Pennsylvania for outside service, but only in conjunction
with the service of food and only to patrons seated at table.