As used in this article, the following terms
shall have the meanings indicated:
Refer to any product, consisting principally of flour, sugar,
eggs and milk, with or without cornstarch, heated, cooled and applied
to pastry without subsequent heating and to filled pastry, such as
cream puffs or eclairs, which may be heated subsequent to filling.
Any place where food or beverage intended for human consumption
is kept, stored, manufactured, prepared, dressed, handled, sold or
offered for sale, with or without charge, either at wholesale or retail,
and not consumed on the premises; provided, however, that the term
"food establishment" shall not include a public eating and drinking
place, and the term "food," as used in this chapter, shall include
not only every article used for food by man but also every article
used for or entering into the composition of or handled for use as
an ingredient in the food.
The permission granted to a licensee to conduct a food establishment.
A holder of a license.
The Board of Health of Ridley Township.
Any place that has been newly constructed or in which a change
of ownership has taken place.
Applies to any food or drink kept or displayed in any store,
place, dispenser or vehicle in the manner in which food or drink is
ordinarily kept or displayed.
Any food or beverage or ingredients, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infections or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
Oysters, clams, scallops or mussels, fresh or frozen; any
shrimp, crab or lobster, fresh, frozen or cooked but not placed in
a sealed container; and any other mollusks, fresh or frozen, intended
for human consumption.
A.
It shall be unlawful for any person to operate a food
establishment in the Township who does not possess a license from
the Board of Health of Ridley Township. Licenses shall be granted
for a period of one year or portion thereof. Said year shall commence
when the license is issued and shall be valid until the last day of
the month issued one year later. Such license shall be conspicuously
displayed at all times in the place thereby licensed and shall not
be transferable. Application for renewal of a license shall be made
at least 30 days before the expiration of the existing license. A
late fee computed at 10% of the license fee shall be assessed for
each month or part thereof, that the license fee is paid more than
30 days after the due date.
[Amended 10-25-2000 by Ord. No. 1808; 3-27-2002 by Ord. No.
1826]
B.
Licenses may be suspended or revoked for violation
by the holder thereof of these rules and regulations. No license shall
be suspended or revoked without a licensee being given a hearing before
the Board of Health.
C.
The Health Officer shall make annual inspections of
any licensee within the Township and an inspection of any retail food
establishment. Such licensee shall pay a fee for the license as set
from time to time by resolution of the Board of Commissioners, based
on the square footage of the establishment as follows:
[Amended 2-18-1981 by Ord. No. 1512; 10-25-2000 by Ord. No.
1808; 3-27-2002 by Ord. No. 1826]
|
Floor Area
(square feet)
| |
|---|---|
|
Under 1,000
| |
|
1,001 to 1,500
| |
|
1,501 to 2,500
| |
|
2,501 to 5,000
| |
|
5,001 to 7,500
| |
|
7,501 to 10,000
| |
|
10,001 to 15,000
| |
|
15,001 and over
|
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof for, or install equipment which is being used or is proposed for use in, a food establishment without first submitting plans for approval thereof as provided under Article I, § 155-4, of these health rules and regulations.
A.
Enclosures. Every such food establishment shall be
so constructed and maintained as to provide adequate enclosure and
protection of the food or drink and the food- or drink-handling operations
contained therein.
B.
Floors. The floor of any room or place where food
or drink is stored, prepared or served or in which utensils are cleansed
shall be of such construction as to be easily cleaned, shall be smooth
and shall be kept clean and in good repair.
C.
Walls and ceiling. The walls and ceiling of any room
or place where food or drink is stored, prepared or handled shall
be clean and in good repair. Such walls and ceiling shall be painted
or finished in light color and refinished as often as necessary. Walls
in food preparation areas shall have a smooth, washable surface up
to the level exposed to soiling by splash or spray.
D.
Doors and windows. All openings to the outside shall
be effectively screened or otherwise protected during the period when
flies are prevalent (April 1 to December 1). Doors shall open outward
and be self-closing or otherwise effectively closed. All effective
means shall be provided to prevent the entrance of flies and other
insects through such openings. Doors and windows shall be kept clean
inside and outside. The presence of flies or flying insects within
the structure shall be presumptive evidence of failure to comply with
this section.
E.
Lighting. Lighting in any room or place in which food
or drink is stored, prepared or handled or in which utensils are washed
shall be adequate for all working purposes and to facilitate effective
and thorough cleaning.
F.
Ventilation. Adequate ventilation shall be provided
in any room where food or drink is stored, prepared or handled or
in which utensils are washed so that such rooms are reasonably free
of disagreeable odors and condensation, undue heat or cold, toxic
substances, smoke, vapor, dust or other substance affecting or likely
to affect the food or drink or causing or likely to cause an atmospheric
condition dangerous to the health of employees or contributing to
an insanitary practice or condition. All ventilation systems shall
be maintained in a clean, sanitary manner.
G.
Toilets and lavatory facilities.
(1)
Adequate lavatory facilities, including toilets, hand-washing
facilities, automatic running hot and cold water, powdered or liquid
soap in appropriate dispensers, sanitary towels and toilet paper,
shall be provided for use at all times when such food establishment
is in operation.
(2)
Adequate and separate toilets shall be provided for
and be readily accessible to the sexes employed as food handlers or
otherwise and shall be located on premises.
(3)
Toilet rooms shall not open directly into any room
in which food or drink is prepared or handled. An intervening vestibule
of at least three feet square must be provided. The doors of all toilet
rooms shall be self-closing.
(4)
The toilet shall be kept clean, in good repair, well-lighted
and properly ventilated by exterior windows or other mechanical means.
The walls and ceilings shall be of a smooth, washable surface and
shall be finished in a light color.
(5)
Hand-washing facilities with automatic running hot
and cold water, sanitary towels and soap shall be in or adjacent to
the toilet room. The use of the common towel is prohibited. Hand-washing
signs shall be posted in each toilet room used by food handlers. No
food handler shall return to work after using the toilet without first
washing his hands.
(6)
In all new establishments or establishments where
alterations are made, the floors of the toilet rooms shall be of a
material and joints impervious to water and shall be provided with
a sanitary base. The plumbing fixtures shall be of the wall-hung type
and to facilitate cleaning.
H.
Separate hand-washing facilities required. In any
food establishment where frequent hand-washing is necessary to prevent
contamination of food during processing, manufacture or preparation,
separate hand-washing facilities, including an adequate supply of
powdered or liquid soap and sanitary towels, shall be provided in
the workroom and conveniently near each such process work space.
I.
Common drinking cup prohibited. Drinking cups for
common use shall not be permitted in any food establishment.
A.
Personal cleanliness. Every food handler shall wear
clean outer garments, shall maintain personal cleanliness and shall
keep hands and fingernails clean at all times while engaged in handling
food, drink, utensils or equipment. No employee shall use tobacco
in any form while engaged in the handling of food or drink. All female
employees shall wear hair nets and all male employees shall wear caps
while engaged in the preparation or packaging of food.
B.
Disease control. No person suffering from a communicable disease transmissible through food or drink, or who is known to be a carrier of the organisms causing such disease, and no person suffering from a local infection transmissible through food, shall be employed in any food establishment at which food or drink is prepared or dispensed. The provisions of Article I, § 155-3A, B, C, D and E, of these rules and regulations shall apply to all persons employed in food establishments.
C.
Locker spaces. Soiled linens, aprons and other articles
used in the preparation, storage or handling of food or drink shall
be kept in verminproof containers provided for this purpose. Clothing
shall not be hung or placed in proximity to exposed food or drink.
When required by the Director of Health and/or the Health Officer,
suitable and adequate rooms for changing clothes and locker space
shall be provided.
A.
General.
(1)
No food or drink shall be kept, sold, offered for
sale, manufactured, cooked, processed, prepared, displayed, dispensed
or transported unless it shall be protected at all times from dust,
dirt, flies, vermin, handling, droplet infection, overhead leakage
or other contamination. Such food or drink shall be subjected to or
maintained at such temperatures while being kept, displayed, transported
or offered for sale as shall prevent undue or abnormal deterioration,
decomposition or spoilage. Food displayed or exposed for retail sale
shall be at least 24 inches above the floor unless it is completely
enclosed by coverings or containers. The general storage of food,
raw materials and reserve stock shall be above the floor (six inches
or more) on clean racks, pallets, dollies or other clean surfaces
in such a manner as to be protected from contamination and to facilitate
easy and thorough cleaning.
(2)
Where unwrapped food is displayed in all types of
food service operations, including smorgasbords, buffets and cafeterias,
it shall be protected against contamination from customer and other
sources by easily cleaned counter-protector devices, cabinets, display
cases, containers or other similar types of protective equipment.
Self-service openings in counter guards shall be so designed and arranged
as to protect food from manual contact by customers.
(3)
All deliveries of perishable foods to food establishments
shall be made inside the store unless food is stored in containers
approved by the Board.
B.
Animals prohibited. No live animal or fowl shall be
permitted or kept in any rooms where food or drink is stored, prepared,
handled or served.
A.
In all new establishments or in establishments where
alterations are made, where multiuse utensils are used, no less than
a three-compartment sink shall be provided and equipped with running
hot and cold water. Each compartment of the sink shall be a size of
not less than 16 inches square by 14 inches deep. All sinks shall
be equivalent to or in excess of the specifications in the National
Sanitation Foundation standards. All eating and cooking utensils and
all showcases and display cases or windows, counters, shelves, tables,
booths and refrigerating and other equipment shall be of a sanitary
design and construction and so located as to be easily cleaned and
shall be kept clean and in a sanitary condition. In new establishments
or in establishments where new installations of equipment are made,
all equipment used for the preparation, storing, handling or serving
of food or drink shall be equivalent to or in excess of that specified
in the National Sanitation Foundation standards. Such equipment shall
be spaced away from walls and corners so as to permit access for cleaning.
Thirty inches of working space shall be required between all units
of new equipment, unless such equipment is movable. Where equipment
with closed bottoms without air spaces is set on a masonry base, the
top of the base shall be waterproofed with mastic.
B.
Accepted method of dishwashing.
(1)
Three-compartment sink.
(b)
Alternative.
[1]
Wash (water 110° to 130° F.).
[2]
Rinse (warm water).
[3]
Sanitize with a chemical such as hypochlorite
compounds or chlorine-containing compounds of equal efficiency at
a minimum concentration of 100 parts per million for at least 30 seconds;
Quaternary ammonium compounds at a minimum concentration of 200 parts
per million for at least 30 seconds; or iodoform compounds at a minimum
concentration of 12.5 parts per million for at least 30 seconds.
(2)
Mechanical dishwashing. The mechanical dishwashing
installation shall be approved. Heating facilities and thermostatic
controls to provide hot water at 180° F. minimum temperature for
the final rinse cycle shall be provided on mechanical dishwashing
equipment. Each mechanical dishwashing machine shall be equipped with
accurate thermometers.
(3)
The proprietor of the eating and drinking establishment
shall have available upon the premises of the eating and drinking
establishment the original container in which the chemical sanitizer
currently employed was received from the distributor.
C.
Cleaning process.
(1)
In all food establishments, adequate cleaning of utensils
is required, and an adequate supply of automatic running hot and cold
water under pressure of not less than 15 pounds per square inch, an
adequate supply of suitable cleanser and suitable and adequate facilities
for the cleansing, disinfecting and storage of utensils shall be provided.
(2)
In all new establishments or in establishments where
any alterations are made, a service sink of a size not less than 20
inches wide, 21 inches long and 12 1/2 inches deep shall be provided
for the cleaning of janitor's supplies.
D.
Storage and handling of utensils and equipment. After
cleansing and sterilizing, all utensils and equipment must be stored
above the level of the floor in a clean, dry place, protected from
flies, dust or other contamination, and no utensils shall be handled
or stored except in such a manner as to prevent contamination.
E.
Water supply. Automatic running hot and cold water under pressure of not less than 15 pounds per square inch shall be easily accessible to all rooms in which food is prepared or utensils washed and shall be adequate and of a safe, sanitary quality, as provided in § 155-47A of these rules and regulations.
F.
Waste containers. In every food establishment, adequate
and suitable metal containers with tight-fitting lids shall be provided
and used to receive waste and refuse. Such containers shall be kept
in a sanitary condition with tightfitting lids. All refuse shall be
removed from the premises at frequent intervals so as not to create
a nuisance.
G.
Refrigeration.
(1)
Adequate refrigeration shall be provided at all times
for all perishable food or drink. Refrigerators shall be maintained
in good repair and in a clean and sanitary condition.
(2)
The following temperatures shall be maintained at
all times:
|
Foods
|
Temperatures
| |
|---|---|---|
|
Frozen food
|
0° F. or below
| |
|
Meat and meat products, cooked food of animal
origin, milk and milk products and other perishable foods
|
40° F. or below
| |
|
Seafood and fresh poultry
|
32° F. or below
|
(3)
Indicating thermometers shall be provided in all refrigerators
and refrigerated cases accurate to plus and minus 2° F., located
in the warmest part of the facility in which food is stored and of
such type and so situated that the thermometer can be easily and readily
observed for reading.
No food or drink which is impure, decomposed,
contaminated or dangerous to the public health or which has been so
treated as to conceal inferiority or which in its manufacture, cooking,
processing, preparation, handling or storage does not conform to the
requirements of these rules and regulations shall be kept, sold or
offered for sale for human consumption.
A.
No substance containing cyanide, fluoride, lindane
or other poison shall be kept or used as an insecticide or exterminator
in any place where food or drink is exposed during sale, preparation,
holding or handling or in such manner as to contaminate such food
or drink.
B.
No polish, article or substance containing cyanide
or other poison shall be used for the cleansing or disinfecting of
any utensils or containers used in preparing or handling any food
or drink.
A.
No meat or meat products shall be offered for sale,
displayed, sold or kept in any food establishment unless such products
shall have first been inspected and approved by either an authorized
agent of the Bureau of Animal Industry, United States Department of
Agriculture, or of the Bureau of Animal Industry, Pennsylvania Department
of Agriculture. The Board may, in its discretion, permit the sale
of meat or meat products which have been inspected and approved by
a duly authorized agent who is a qualified and licensed veterinarian
appointed under an ordinance of a municipality of this commonwealth,
provided that the procedure followed in conducting inspection, including
the facilities for making the same, the requirements with respect
to the sanitation of the establishment and the marking, branding or
identifying of meat or meat products shall conform to the regulations
of the United States Department of Agriculture or the Pennsylvania
Department of Agriculture.
B.
All meat or meat products offered for sale, displayed, sold or stored in any food establishment shall be marked in a clear and legible manner with the official meat inspection legend, as provided in the foregoing Subsection A.
C.
Any slaughtering, meat canning, curing, smoking, salting,
packing, rendering or other similar establishment where meat or meat
products are prepared for sale in the Township shall be subject to
inspection by the Board.
A.
No oysters, clams or other shellfish shall be sold
or offered for sale in the Township unless such shellfish shall have
been produced and shipped in conformity with the regulations of the
state in which they were grown or packed, and unless the shipment
shall have been accompanied by tag, label or other mark approved by
the Pennsylvania Department of Health showing that the shipper has
been duly certified by the state in which this plant is operated,
such certification having been approved by the United States Public
Health Service for shipments in interstate commerce.
B.
All shellfish shippers, re-shippers, packers and wholesalers
shall for 60 days keep accurate records of the source, date and quantity
of all lots of shellfish received and the name and address of the
consignee to whom each lot or part thereof is consigned, with the
date and quantity, in order that lots of shellfish dispensed may be
identified with corresponding lots of shellfish received. When an
original shipment of shellfish is broken down into smaller lots, each
lot shall have attached thereto a split-lot tag of the type approved
by the Pennsylvania Department of Health. The said records shall be
subject to inspection by the Director of Health and/or the Health
Officer. All retailers shall keep an accurate record, subject to such
inspection of the source, date and quantity, of all lots of shellfish
received.
C.
Shellfish shall be so handled and stored as to maintain
them in a clean, wholesome condition.
D.
Shell stock (shellfish not removed from the shell) shall be shipped in clean containers, each container having an approved tag attached thereto as provided in Subsection B hereof. Bulk shipment by truck or can is prohibited.
E.
All establishments in which shellfish are shucked, washed, packed, replaced, stored or otherwise handled shall conform to all the provisions of Article II of these rules and regulations.
F.
All rooms in which shucked oysters are washed, packed,
repacked, stored or otherwise handled shall be separate and apart
from the rooms in which oysters are shucked.
G.
Such establishments shall be provided with an ample
and convenient supply of pure, cold water for washing the shucked
stock and flushing purposes and hot water for cleansing receptacles
and utensils.
H.
All receptacles in which shucked stock is placed and
other utensils which come into contact with the shucked stock shall
be of noncorroding material, with smooth surfaces and of such shape
as will facilitate thorough cleansing. They shall be cleansed before
use.
I.
Shucked stock shall be thoroughly washed in pure,
cold water and, subsequent to such washing, shall not be handled except
with clean utensils.
J.
Shucked stock shall be packed in clean containers,
sealed in such a manner that any tampering will be easily discernible
and marked with the name, address and identification mark of the packing
establishment, together with the quantity of shellfish contained therein.
K.
Proper refrigeration shall be provided in all places
where shucked stock is kept and during shipment. The cooling of shellfish
to a temperature of 40° F. or less shall be effected within two
hours after the shellfish is shucked. No ice or other foreign substance
shall be allowed in contact with the shucked stock.
A.
Restriction of sale. No custard-filled and whipped
cream pastry shall be kept, offered for sale or sold except on the
day of manufacture thereof. The day of manufacture shall be the day
on which manufacture is completed but may include not more than two
hours preceding midnight of the previous day.
B.
Manufacture. The entire custard mix to be used in
the manufacture of custard-filled pastry shall be brought to and held
at a temperature of not less than 200° F. continuously for not
less than 10 minutes and, within one hour thereafter, placed in a
refrigerating temperature of not over 40° F. and kept at or below
such temperatures until applied to the pastry.
C.
Holding temperatures. No custard-filled or whipped
cream pastry shall be kept, displayed, offered for sale or transported
unless, immediately after manufacture, it shall have been cooled to
and maintained at all times at a temperature of 40° F. or lower,
in clean containers filled to a depth of not more than three inches.
Other perishable food shall be held either at a temperature of 40°
F. or lower or at a temperature of 150° F. or higher.
D.
Packaging and labeling. No custard-filled pastry shall
be sold either wholesale or retail or transported for retail delivery
unless it shall be wrapped or packaged so as to protect the contents
from contamination. Such wrapper or package shall bear prominently
on the outside thereof, in legible letters, the name of the manufacturing
baker, the day of manufacture and the following statement "Refrigerate
and Consume Today."
E.
Condemnation. Custard-filled or whipped cream pastry or perishable food manufactured, kept, displayed or served in violation of the provisions of § 155-22 of this Health Code is hereby declared to be dangerous to the public health and, as such, subject to condemnation by an authorized representative of the Board.
F.
Transportation of bakery products. No person shall
transport or deliver bakery products unless such products are fully
enclosed in a clean and sanitary container. Multiple-use containers
shall be of such design and construction as to facilitate cleaning
and shall be kept clean and sanitary. The reuse of cardboard or paper
containers or liners is prohibited.
A.
No article, polish or other substance containing any
cyanide preparation or other poisonous materials shall be used for
the cleaning, disinfecting or polishing of utensils or containers
used in the preparing or handling of any food or drink.
B.
No substance containing cyanide, fluoride, lindane
or other poison shall be stored as an insecticide or exterminator
in any place where food or drink is exposed during sale, preparation,
holding or handling or in such manner as to contaminate such food
or drink.
Such samples of food, drink, ingredients, containers
or any substance used in connection with the preparation of food or
drink may be taken by a duly authorized representative of the Board
for examination as often as may be deemed necessary for the detection
of an impure or unsanitary condition. Any food, drink or any substance
used in connection with the preparation of food or drink sold, offered
for sale or kept may be condemned, removed or destroyed by or under
the direction of a duly authorized representative of the Board if,
in the judgment of such representative, such food, drink or substance
is decomposed, contaminated, impure, unfit for human consumption or
dangerous to the public health. Any such food, drink or other substance
may be stopped from sale or use and placed under an embargo by any
such representative of the Board for such reasonable period of time
as may be required to make investigations or examination, if such
may be necessary to determine that such food, drink or other substance
is decomposed, impure, unfit for human consumption or dangerous to
the public health. No such food, drink or other substance shall be
used, removed, destroyed or otherwise disposed of while under such
embargo except by or under the direction of a representative of the
Board.
A.
Whenever the proprietor of a food establishment shall
fail to keep his food establishment in a sanitary condition, or whenever
food or drink or the sale of the same is likely to cause or transmit
disease, the Board, upon proper notification, shall order such food
establishment closed until it shall have been put in a sanitary condition
or until the food or drink or the sale of the same shall be no longer
likely to cause any illness or transmit disease. The proprietor of
the food establishment, when so ordered, shall immediately comply
with and obey such order and shall not conduct further operations
until permission has been granted by the Board.
B.
Failure of the proprietor to comply with the order
of the Board shall result in the Board ordering the Director of Health
and/or the Health Officer to take necessary steps to close and padlock
said premises until it shall have complied with the order of the Board
of Health.
