As used in this chapter, the following terms shall have the
meanings indicated:
ADULTERATED
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.
COMMISSARY
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.
FOOD
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.
MISBRANDING
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.
[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]
A. 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.
B. This chapter shall not apply to:
(1) The transportation and wholesale delivery of food or produce to retail
food stores for the purpose of resale.
(2) The transportation and delivery of food to public eating and drinking places duly licensed under Ch.
192 of this Code.
(3) The transportation and delivery of bread and bakery products, meat
and meat products and milk and milk products.
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.