[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.
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.
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.
A.Â
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.
B.Â
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]
A.Â
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.
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.
[1]
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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]
