A.
It shall be unlawful for any person who does not possess
a license from the Board of Health of the Borough of Columbia to provide
bulk food for self-service by the customer. A bulk-food license, as
an endorsement to any existing food-service-facility license, shall
be granted for a period of one year from the date of issuance, but
not beyond the expiration date of the food-service-facility license.
The Health Officer shall be authorized to issue a temporary license
when applicable.
B.
Application for renewal of a license shall be made
at least one month before expiration of the existing license. A license
shall not be issued until the Heath Officer has inspected and approved
the bulk-food operation. Licenses shall be issued for the most restrictive
class of food being served and shall not be transferable. Food shall
be designated into one of the following classes:
C.
Each applicant for a bulk-food license shall, at the
time of application, pay an annual inspection fee based upon the number
of locations and the number of items to be served, as set forth in
the Borough schedule of fees, as adopted and amended from time to
time by the Borough Council of the Borough of Columbia.
No person shall undertake to install any equipment
for bulk food without first having submitted to the Health Officer
for approval, plans and specifications for such equipment and a listing
of the foods to be served.
Bulk-food licensees shall maintain proper sanitary
controls as set forth in the rules and regulations of the Board of
Health pertaining to bulk-food operations. The license may be suspended
or service restricted by order of the Health Officer if the rules
and regulations pertaining to bulk-food operations are violated by
the establishment or due to handling by customers. The proprietor
of the establishment, when so ordered, shall immediately comply with
and obey such order and shall not further conduct operations until
permission is granted by the Health Officer. The proprietor shall
have the right to appeal to the Board of Health, which shall afford
a hearing. As a result of the hearing, the Board of Health shall have
the right to stay or set aside the order, uphold the order, or permanently
revoke the license. Should the proprietor wish, the proprietor may
appeal the decision of the Board of Health to the Court of Common
Pleas in accordance with the Local Agency Law[1] of the Commonwealth of Pennsylvania or other applicable
laws.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105
et seq.
In addition to the regulations contained in
this article pertaining to protection of food, facility construction
and cleanliness, right of entry, food samples, condemnation and embargo,
and closure, the following guidelines shall apply to the sale or service
of bulk foods:
A.
Equipment.
(1)
Equipment not currently approved by the National Sanitation
Foundation (NSF) may be approved by the Health Officer on a trial
basis, providing that one of the following conditions are met:
(a)
It meets or exceeds other acceptable guidelines
such as those recommended by the Food and Drug Administration (FDA).
(b)
The proprietor of the establishment can provide
to the satisfaction of the Health Officer that the bulk-food-product
modules have operated satisfactorily in another location for a period
in excess of one year.
(c)
Products will be offered only in dispensers
of such design that all components meet with applicable NSF standards
and the product, once dispensed, cannot be returned to the stock by
the customer.
(2)
All tongs, ladles, spatulas or other service devices
must be of such design and construction that the grasping portion
of the utensil cannot come in contact with the product.
(3)
Proper visual inspection for the customer must be
posted, including but not limited to:
(a)
Washing of hands and clean attire.
(b)
No smoking.
(c)
Proper use of equipment.
(d)
No tasting or sampling of product.
(e)
The use of clean containers and only those provided
by the establishment.
(f)
Identification of the responsible person on
duty and the name and address of the Board of Health in the event
of an unresolved complaint.
B.
Products.
(1)
All liquid and semiliquid products or any product
deemed to be a nuisance by virtue of spillage, cleanability, insect
or rodent attraction, or prone to excessive handling or tasting may
be prohibited or restricted in self-service from bulk.
(2)
Product module depth shall be 18 inches or less with
a total product volume limited to a maximum of 50 average servings
in the case of food or drink intended for human consumption unless
food or drinks vended through dispensers where the food or drink is
inaccessible to the customer until dispensed.
(3)
Containers of bulk pet food and nonfood items shall
be separated by a barrier or an open space of at least 15 feet from
the food containers.
(4)
All bulk products, once dispensed by the customer,
may not be offered for resale or returned to the bulk container.
(5)
All bulk products containing potentially hazardous
foods shall have a maximum turnover time of three hours. Perishable
products shall have a turnover time that is adequate to prevent spoilage
or degradation of the product.
(6)
Potentially hazardous foods, once placed out for self-service,
must be discarded at the end of the work day, and the recombination
cycle shall be broken at least once every six hours during the day.
All other bulk food and pet food products shall have their cycle broken
on a weekly basis. All bulk food must be rotated to ensure freshness
when restocked.
C.
Food protection.
(1)
All holders of Class 1 licenses shall maintain direct
supervision over the product in addition to visual instruction. The
attendant must be on duty at all hours of operation, be located within
10 feet of the product modules and be identified by an appropriate
name tag. The attendant shall be responsible for supervision and compliance
with the health code.
(2)
For the purpose of bulk-food licenses, customers shall
be considered as employees of the establishment and shall be subject
to the standards of sanitation and hygiene as food-service workers.
By order of the Board of Health, it shall be the duty of the proprietor,
or person in charge, to exclude from self-service all persons with
visible signs of illness or disease or with skin rashes or sores,
or with bandages on the hands or arms and any person by virtue of
cleanliness or behavior that could endanger the welfare of the public
in the opinion of the proprietor.
(3)
Food or pet food products stored in bulk showing signs
of contamination in any portion by insects or rodents shall be deemed
to be totally contaminated and discarded immediately.
(4)
Mixing of products shall be considered adulteration.
The adulterated product shall be immediately removed from sale.
D.
Sanitation.
(1)
All equipment and display areas shall be maintained
at all times in a clean and sanitary condition. Product spillage shall
not be allowed to remain in a display area for more than 1/2 of an
hour.
(2)
Tongs, scoops, ladles, spatulas, and other utensils,
including tethers, shall be cleaned and sanitized at least daily.
More frequent intervals may be required based on the type of food
and the amount of soiling.
(3)
Individual product modules shall be designed to be
easily removable from the display for serving unless the modules are
so designed that they can be effectively cleaned and sanitized when
necessary, through a manual in-place cleaning procedure that will
not contaminate or otherwise adversely affect bulk food or equipment
in the display area.
(4)
Product modules including utensils containing potentially
hazardous foods may not be refilled without cleaning and sanitizing.
Other product modules must be cleaned and sanitized at least weekly.
Any person, firm or corporation violating any
provision of this article shall, upon conviction thereof, be subject
to a fine of not less than $100 on the first offense, not less than
$200 on the second offense, and not less than $300 nor more than $600
on the third and each subsequent offense. Successive violations shall
be deemed to have occurred if committed within 365 days of any previous
offense under this article. The number of violations shall be decreased
by one for each three-hundred-sixty-five-day period without violation.
The Health Officer may, at his discretion, issue a warning in lieu
of a charge for the first offense. Revocation proceedings may be taken
by the Board at the recommendation of the Health Officer.
