As used in this article, the following terms
shall have the meanings indicated:
Any person who transports, distributes or sells to the public
prepared foods or perishable food, of a kind deemed by the Board to
be capable of causing human foodborne illness, from any truck, trailer,
cart, bicycle or other vehicle or from any vending machine, container
or other type of equipment.
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.
Any self-service device offered for public use which, upon
insertion of a coin or token, or by other means, dispenses unit servings
of food or beverage, either in bulk or in package, without the necessity
of replenishing the device between each vending operation.
A.
Applications for licenses shall be on forms provided
by the Board, which applications shall set forth the name, residence
and business address of the applicant and the names of the persons
operating the establishment or establishments from which the prepared
or perishable food will be obtained.
B.
Every food vendor shall, upon demand, furnish to the
Board such additional information as the Board may require to enable
it to determine whether the provisions of these rules and regulations
are being complied with. Failure to furnish such information promptly
or failure to secure written permission to inspect or reinspect sources
of food supplied shall result in the refusal to issue or the revocation
of the food vendor's license.
A.
It shall be unlawful for any person to sell or distribute
to the public prepared or perishable food from any food vending vehicle
or from any vending equipment without obtaining a license from the
Board of Health of Ridley Township. The fee for such a license shall
be as set from time to time by resolution of the Board of Commissioners.
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 date
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 2-18-1981 by Ord. No. 1512; 10-25-2000 by Ord. No.
1808; 3-27-2002 by Ord. No. 1826]
B.
A license will not be issued to any person until the
Health Officer or any of the proper authorities has inspected and
approved the establishment and equipment from which the food is to
be obtained, and such licensee, manufacturer or producer shall pay
a fee for such inspection in the amounts as set from time to time
by resolution of the Board of Commissioners for the first vehicle
and for each additional vehicle. In the case of food and beverage
vending machines, the annual inspection fees shall be as set from
time to time by resolution of the Board of Commissioners per location
for the first two machines and for each additional machine. A sticker
shall be affixed to the apparatus indicating that it has been licensed
for the current year.
[Amended 2-18-1981 by Ord. No. 1512; 10-25
2000 by Ord. No. 1808]
C.
Any such establishment shall be equipped and operated in compliance with the provisions of Article I of these rules and regulations or requirements of the Board now in effect or hereafter adopted. The license shall at all times be kept posted prominently in the food vending vehicle or on the equipment.
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.
Article III of these rules and regulations shall not apply to:
A.
The transportation and wholesale delivery of food
or produce to retail food stores for the purpose of resale.
B.
The transportation and delivery of food to public eating and drinking places duly licensed under Article I of these rules and regulations.
C.
Any manufacturer or producer in the sale of meat and meat products and milk and milk products. Nothing contained in Article III of these rules and regulations shall, however, relieve any person engaged in the manufacture, distribution and sale of milk and milk products from complying with the Milk Code.
The Director of Health and/or the Health Officer
shall be permitted to enter upon any private or public property in
this Township where vending equipment is operating to inspect the
servicing, maintenance and operation of such equipment for the purpose
of determining compliance with the provisions of these rules and regulations.
The operators of vending machines shall make provisions for the Director
of Health and/or the Health Officer to have access to the interior
of all vending machines operated by him.
A.
No person who is affected with any disease in a communicable
form or a carrier of such disease shall work as a food vendor, and
no food vendor shall employ any such person or persons suspected of
being affected with any disease in a communicable form or of being
a carrier of such disease. If the proprietor suspects that any employee
has contracted any such disease in a communicable form or has become
a carrier of such disease, he shall notify the Township Director of
Health and/or the Health Officer in writing immediately.
B.
Procedure where infection is suspected. Where there
is reasonable ground for the Director of Health and/or the Health
Officer to suspect that there is transmission of an infectious disease
from any employee to the public, the Director of Health and/or the
Health Officer is authorized to require the proprietor to forthwith
carry out any of the following measures:
A.
The floors, walls, ceiling, shelves, compartments
and container holders in food vending machines shall be of such construction
as to be readily cleaned and shall be kept clean and in good repair.
Food vending vehicles shall be equipped to provide light of not less
than 10 footcandles at the face of the shelf, display or storage space
at such time as food shall be dispensed therefrom.
B.
In establishments where new installation of vending
equipment is made, such equipment shall be equivalent to or in excess
of that specified by the National Sanitation Foundation standards.
C.
Syphon breakers shall be installed on all water-supplied-vending
equipment.
D.
Refrigerating equipment of approved design shall be
provided on any food vending vehicle or equipment from which perishable
foods are dispensed.
E.
Cold beverages, sandwiches and other perishable foods
shall be kept under dry refrigeration at a temperature of 40°
F. or lower.
A.
There shall be no preparation of food on the vending vehicle. All food shall be prepared and wrapped in a licensed establishment complying with all of the provisions of Article I of these rules and regulations.
B.
Food to be distributed by any food vendor shall be protected from insects and the elements. All food in the possession of a food vendor shall be packaged or wrapped and sealed in unbroken, individual containers and remain therein until received by the customer. Beverages shall be distributed in the original container or from an automatic vending machine of approved type designed to dispense the beverage in a single-service container from bulk. Water carried in food vending vehicles shall be clean and cold and shall conform to the provisions of Article IV of these rules and regulations.
A.
Garbage and trash shall at all times be kept in metal
containers with tight-fitting lids and disposed of at frequent intervals
so as not to create a nuisance.
