[HISTORY: Adopted by the City Council of the City of Lancaster as
Articles 1131, 1133, 1135, 1137, 1139 and 1141 of the Codified Ordinances.
Amendments noted where applicable.]
[Amended 5-12-1998 by Ord.
No. 4-1998; 4-27-2004 by Ord. No. 7-2004]
A.
License required. No person shall operate an establishment, sell or offer for sale any meat or meat food product without having first obtained a license from the Bureau of Housing, Health and Sanitation. However, the Bureau, in its discretion, subject to review by the Board of Health, may, in the case of restaurants required to be licensed and licensed under the provisions of Chapter 240, Article I, dispense with the licensing requirements of this chapter where, in the opinion of the Bureau, the inspections made under § 240-4 are sufficient to assure proper handling of meat and meat food products, and provided further that this provision shall not be construed to excuse compliance by such restaurants with all relevant provisions of this chapter, nor to deny the right of the Bureau to make inspections of restaurants, and otherwise to enforce the provisions of this chapter as to such restaurants. A license application may be refused and a license may be revoked or suspended summarily by an inspector of the Bureau, but such action shall be subject to review by the Board of Health.
B.
Food employee certification. All persons who offer meat and
meat products for sale shall comply with all applicable provisions of the
Food Employee Certification Act, 3 Pa.C.S.A. § 6501 et seq., as
amended from time to time, and the regulations promulgated pursuant thereto
by the Pennsylvania Department of Agriculture, 7 Pa. Code § 76.1
et seq., as amended from time to time, including, but not limited to, employing
a supervisory employee who has successfully completed a food employee certification
approved training program or successor program. Any violation of the provisions
of the Food Employee Certification Act or the related regulations shall constitute
a violation hereunder.
C.
Food Code. All persons who offer meat and meat products for
sale shall comply with all applicable provisions of the Food Code issued by
the Pennsylvania Department of Agriculture, 7 Pa. Code § 46.1 et
seq., as amended from time to time. Any violation of the provisions of the
Food Code shall constitute a violation hereunder.
[Amended 5-12-1998 by Ord.
No. 4-1998]
Any establishment or dealer who applies to the Bureau of Housing, Health
and Sanitation for a license under this chapter and whose place or premises
where meat and meat food products are prepared is located within or without
the corporate limits shall agree to permit the inspection of such establishment,
place or premises and the equipment and the meat and meat food products contained
therein and to comply with the requirements, rules and regulations of this
chapter. Only those establishments whose meats and meat food products are
sold in the City shall be eligible for licensing and inspection under this
chapter.
A.
No person shall own, operate or manage any establishment
or sell or offer for sale any meat or food products in the City unless a separate
establishment or dealer's license has been obtained from the Bureau of Housing,
Health and Sanitation for each establishment or place of business from which
meats are sold.
[Amended 5-12-1998 by Ord.
No. 4-1998]
B.
The fee for each license for dealers selling at retail
in the City meats, meat products, meat food products, poultry or fish for
the period of 12 months or less ending on December 31 of each year shall be
based on doing an annual gross volume of business as follows:
[Amended 12-11-2001 by Ord.
No. 13-2001]
|
Gross Business Volume
|
Fee
| |
|---|---|---|
|
Less than $1,000
|
$30
| |
|
$1,001 to $2,000
|
$50
| |
|
$2,001 to $4,000
|
$70
| |
|
$4,001 to $8,000
|
$100
| |
|
$8,001 to $12,000
|
$140
| |
|
Over $12,000
|
$6 for each $1,000 of additional business
|
The holder of a license shall display such license in a prominent place
in or on the establishment at all times.
A farmer who sells only such meats and meat food products as are derived
from animals that were raised or fattened on his own farm shall obtain a license
as provided by this chapter but shall not be required to pay any fee for such
license.
[Amended 5-12-1998 by Ord.
No. 4-1998]
The Bureau of Housing, Health and Sanitation may refuse to issue a license
to any dealer or to his agent, employee or representative after the dealer
has been convicted by a court of jurisdiction on three separate charges of
selling, offering for sale or having in his possession for the purpose of
sale any unwholesome meat or unwholesome meat food products, provided that
a period of 10 days has elapsed between each alleged offense.
[Amended 5-12-1998 by Ord.
No. 4-1998]
The Bureau of Housing, Health and Sanitation shall revoke the license
of any dealer who fails to comply with the requirements of this chapter or
who willfully or continuously ignores or fails to comply with any rule or
regulation adopted under this chapter after the dealer has been notified,
in writing, by an inspector of his delinquency.
Every establishment and the meat and meat food products therein shall
be subject to inspection at any time by an authorized inspector. All meats
and meat food products brought into the city, sold, offered for sale or in
possession with intent to sell shall have been derived from animals that were
inspected, passed and stamped by the city, the Bureau of Animal Industry of
the Commonwealth of Pennsylvania, United States Department of Agriculture
or a municipal inspection approved by this Bureau. No uninspected carcasses
or parts of carcasses shall be brought into or processed in establishments
licensed or approved under this chapter.
[Amended 5-12-1998 by Ord.
No. 4-1998]
No person shall hinder, impede or prevent any member or officer of the
Bureau of Housing, Health and Sanitation or any authorized inspector or employee
of the Bureau from entering any establishment in the performance of his duty
or from examining or inspecting any meat or meat food product or from performing
any duty authorized by this chapter.
Every establishment, including all equipment therein or thereon, shall
be kept in clean and sanitary condition, and shall be so constructed, arranged,
equipped and conducted that the meat and meat food products produced, handled,
transported, stored or sold therein shall not be exposed to contamination
or otherwise rendered unwholesome.
No meat or meat food products shall be exposed in any establishment
to contamination by dust, dirt, offensive odors, vermin, insects, animals
or fowl or in such manner or place that it may be touched or handled by any
person other than the dealer or the agent or employee of the dealer.
The walls, floors and ceilings of rooms, compartments, refrigerators
and ice boxes where meats and meat food products are chilled or refrigerated
shall be kept in repair, clean and reasonably free from moisture.
Trucks, wagons and other vehicles used for hauling, moving, transferring
or delivering loose or unpacked carcasses, parts, meats and meat food products
shall be kept clean and shall be closed or so covered that the contents shall
be kept clean.
[Amended 5-12-1998 by Ord.
No. 4-1998]
No person without official authority shall mark or stamp any meat or
meat food product in imitation of the official mark, stamp or emblem used
by the Bureau of Housing, Health and Sanitation.
No meat or meat food product shall be sold, exposed or offered for sale
under false or misleading brands, labels, names or statements. No fraud, deception
or adulteration shall be practiced in the marking, preparing or selling of
any meat or meat food products.
No meat or meat food product of animal origin shall be sold or offered
for sale if it contains or is treated with a preservative substance that may
be injurious to health or if it is treated with any preservative substances,
chemicals, compound or dye for the purpose of giving it a fresh appearance,
character or taste and concealing its true condition or when it has been treated
in any way that may conceal any undesirable and unwholesome condition, provided
that nothing in this rule shall prohibit the proper use of salt, ice or refrigeration
as preservatives.
No person shall, within the city, manufacture, prepare, sell, offer
for sale, expose for sale or have in his possession for the purpose of sale
any unwholesome meat or unwholesome meat food product that may be used for
human food.
No person shall sell or offer for sale or store any fresh or frozen
foods primarily intended for consumption by animal pets in any wholesale or
retail establishment in the City where food for human consumption is processed,
stored, handled or sold.
No poultry may be sold, offered for sale or stored with intent to sell,
in the city, which was frozen before evisceration.
Meat and meat food products for sale in the City shall be produced and
handled in accordance with the rules and regulations of this chapter.
All fees and fines imposed or collected under the provisions of this
chapter shall be paid into the City Treasury for the use of the city.
A.
Any person violating or failing to comply with this chapter
or any section or provision thereof or any regulation made under its authority
and any person who hinders, obstructs or interferes with the Health Officer
or any of his inspectors and assistants in the discharge of their duties shall,
on conviction, be fined not less than $50 nor more than $300 and the costs
of prosecution for the first offense and not less than $200 and not more than
$1,000 and the costs of prosecution for all succeeding offenses and, in default
of payment of such fine and costs, shall be imprisoned for not more than 90
days.
B.
If the violation shall be by a corporation, partnership
or association, the directors of such corporations or members of such partnerships
or associations, its agents or employees, with guilty knowledge of the fact,
shall also be guilty of an offense and on conviction thereof shall be punished
as aforesaid.
