[HISTORY: Adopted by the Borough Council of the Borough of Lansdowne 10-21-1969 by Ord. No. 873. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The condition of a food if it bears or contains any poisonous or deleterious substance which may be injurious to health; if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption; if it has been prepared, packed or stored under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health; or if the container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health.
- Catering establishment, restaurant or any place in which food, beverage, ingredients, containers or supplies are kept, handled, prepared or stored, and directly from which vending vehicles are serviced.
- Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole or in part for human consumption.
- FOOD VENDOR
- Any person who transports, distributes or sells to the public foods, prepared foods or readily perishable food of a kind deemed by the Board of Health to be capable of causing human foodborne illness, from any truck, trailer, cart, bicycle container or other type of vehicle.
- The use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending vehicles, including signs or placards displayed in relation to such products so dispensed, which is false or misleading or which violates any applicable local, state or federal labeling requirements.
- PERISHABLE FOODS
- Any food, beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. Products in hermetically sealed containers processed to prevent spoilage and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.
Application for permits shall be on forms provided by this Board, which shall set forth the name, residence and business address of the applicant, the names of the persons operating the establishment or establishments from which the prepared or perishable food will be obtained and the name, model, year and license number of vehicle.
Every food vendor shall upon demand furnish to this Board such additional information as the Board may require to enable it to determine whether the provisions of the Health Ordinance are being complied with. Failure to furnish such information promptly or failure to secure written permission to inspect or reinspect sources of food supplies shall result in the refusal to issue or the revocation of the food vendor's permit.
[Amended 5-16-2012 by Ord. No. 1272]
No person shall sell or distribute to the public prepared or perishable food from any vending vehicle without obtaining a permit from this Board. The Health Officer shall inspect and approve the establishment from which food is to be obtained. Written permission for the Board to inspect or reinspect the establishment where the food is prepared shall be secured by the applicant. Any such establishment shall be equipped and operated in compliance with Ch. 192 of this Ordinance and any other regulations or requirements of the Board now in effect or hereafter adopted. The permit shall at all times be kept posted prominently in the food vending vehicle. Unless previously revoked or suspended, all permits shall expire December 31 following their issuance. Applications for renewal of permits shall be made prior to December 15 of each year for a further period of 12 months.
[Amended 6-16-1999 by Ord. No. 1155; 5-16-2012 by Ord. No. 1272]
The name, address, town and telephone number must be on two sides of the vending vehicle in clear, legible letters. Paper or cardboard signs temporarily affixed to the vehicle (i.e., by tape, string, staples or similar attachment) are not in compliance with this section.
This chapter shall not apply to:
The transportation and wholesale delivery of food or produce to retail food stores for the purpose of resale.
The transportation and delivery of food to public eating and drinking places duly licensed under Ch. 192 of this Code.
The Health Office or his deputy shall be permitted at any time to inspect any food vending vehicle operating in the Borough of Lansdowne for the purpose of determining compliance with the provisions of this chapter.
[Amended 6-16-1999 by Ord. No. 1155]
Each applicant at the time of applying for a permit shall pay an annual fee as set forth from time to time by resolution of the Borough Council for each vehicle vending in the Borough.
[Amended 5-16-2012 by Ord. No. 1272]
The rules and regulations set forth by the Department of Agriculture regarding standards are adopted as set forth in Chapter 192.
Editor's Note: Former § 318-8, Preparation and handling of food, and § 318-9, Waste disposal, were repealed 5-16-2012 by Ord. No. 1272.
Samples of food or drink on the vending vehicle may be taken by the Health Officer or a duly authorized representative of this Board for examination as often for the detection of an impure or unsanitary condition. Any food or drink sold, offered for sale or given away may be condemned, removed or destroyed by or under the direction of the Health Officer or a duly authorized representative of this Board if, in the judgment of the Health Officer or representative, such food, drink or substance is adulterated, decomposed, impure, unfit for human consumption or dangerous to the public health. Any food, drink or other substance may be stopped from sale or use and placed under an embargo by the Health Officer or representative of this Board for as reasonable a period of time as may be required to make investigations or examination, if such may be necessary to determine that the food, drink or other substance is adulterated, decomposed, impure, unfit for human consumption or dangerous to the public health. No food, drink or other substance shall be used, removed, destroyed or otherwise disposed of while under embargo except by or under the direction of the Health Officer or a representative of this Board.
The owner of products placed under embargo by virtue of any power granted under Lansdowne Board of Health Ordinances shall have the right to appeal to the Board of Health. The Board of Health shall afford a hearing and shall give due notice of the time and place of the hearing to the owner of such goods. As a result of the hearing, the Board of Health shall have the right to stay or set aside the order.
Failure to secure a permit when required or operating after suspension or revocation of a permit of the Board of Health shall constitute a violation of this chapter. When written notice of a violation of any of the provisions of this chapter has been served upon any person, such violation shall be discontinued immediately.
Any person, firm or corporation who or which violates any of the provisions of this chapter shall, upon conviction thereof before a Magisterial District Judge, be fined not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs be imprisoned for not more than 30 days.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]