[HISTORY: Adopted by Board of Commissioners
of the Township of Springfield 7-8-1980 by Ord. No. 1033.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health rules and regulations — See
Ch. 17.
Communicable diseases — See
Ch. 29.
Food handling — See Ch. 51.
[1]
Editor's Note: This ordinance also repealed
former Ch. 52, Food Vending, adopted 4-12-1966 by Ord. No. 792, as
amended.
The purpose of this ordinance is to ensure that
every food establishment shall be conducted, operated and maintained
in accordance with the requirements prescribed in the following sections
and with such additional requirements as the Board may by regulation
prescribe to protect the health of the ultimate consumers of food
handled in such establishments.
As used in this ordinance, the following terms
shall have the meanings indicated:
Any place, permanent or temporary, within the Township of
Springfield where food or drink is prepared, handled, served or provided
for the public, with or without charge. Food establishments shall
include but not be limited to eating and drinking establishments,
mobile food establishments and retail food establishments.
A freestanding retail store operating, for more than 14 days,
out of a merchant-supplied structure of varying size and shape located
in an enclosed, covered, or open shopping area.
[Added 12-12-2017 by Ord. No.
1579]
A grant to the licensee to conduct a food establishment.
The Springfield Township Board of Health.
Any vehicular food service establishment.
Any food establishment which operates at any location for
a temporary period of time not to exceed more than 14 consecutive
calendar days, regardless of whether the establishment operates continuously
during this time, in connection with a fair, carnival, church, club,
public exhibition or similar gathering.
A.
It shall be unlawful for any proprietor to conduct
or operate a food establishment within Springfield Township without
first obtaining a license, as herein provided. Such license shall
be issued by the Board.
B.
Application for license shall be made on forms provided
by the licensor and shall be accompanied by the appropriate license
and inspection fees.
C.
No license shall be issued until inspection of the
premises, facilities and equipment has been made by the licensor and
found to be adequate for the protection of the public health and comfort
of the patrons and to be in compliance with the rules and regulations
of this ordinance and all other applicable chapters of this Code.
D.
Whenever a license is denied, the licensor shall state
in writing to the applicant the reasons for such refusal.
[Amended 3-8-1988 by Ord. No. 1181]
A.
The annual license fee shall be as set forth in Chapter 40, Fee Schedule.
[Amended 9-8-2015 by Ord.
No. 1560]
B.
Inspection fees.
(1)
An annual inspection fee shall be charged to defray
the cost of inspections, consultations and servicing of the food establishments.
All such inspections shall be for the purpose of ascertaining compliance
with the requirements of Title 7, Chapter 78, of the Commonwealth
of Pennsylvania, Department of Agriculture, Act of May 23, 1945, P.L.
926,[1] are hereby referred to, adopted and made a part hereof,
as if fully set out in this ordinance, and as may from time to time
be amended.
[Amended 5-12-1998 by Ord. No. 1339]
[1]
Editor's Note: See 35 P.S. § 655.1
et seq.
(2)
The inspection fees shall be based upon the floor area of the food establishments as indicated Chapter 40, Fee Schedule.
[Amended 1-7-2002 by Ord.
No. 1391; 9-8-2015 by Ord. No. 1560]
(3)
The annual health license fee covers the cost of routine inspections each year, as well as one follow-up visit if necessary. In the event any food establishment requires more frequent inspections due to noncompliance with local, state and/or federal health codes, an additional inspection charge as indicated in Chapter 40, Fee Schedule, per inspection will be levied.
[Added 1-7-2002 by Ord.
No. 1391; amended 9-8-2015 by Ord. No. 1560]
C.
Plan
review fees.
[Added 11-12-2002 by Ord.
No. 1399; amended 9-8-2015 by Ord. No. 1560]
(1)
Prior to construction of any new food establishment or starting alterations to an existing food establishment, the owner must first submit a plan review application to the Health Officer, along with a review fee Chapter 40, Fee Schedule. The plan review application and fee are intended to ensure compliance with all local and state health codes, prior to construction.
(2)
In the event a plan review application is rejected by the Health Officer for noncompliance with any state or local health code, the owner is responsible for making the necessary revisions and resubmitting the plan review application, along with a resubmittal fee as indicated in Chapter 40, Fee Schedule.
A.
Licenses shall be granted for a period of one year from date of issue. Application for renewal shall be made one month before expiration of the existing license. A license granted under the provisions of this ordinance shall be renewed if, on inspection by the licensor, the conditions specified in § 52-3C of this ordinance are fulfilled.
B.
Licenses, herein provided for, shall specify the date
of issuance, the period which is covered, the name of the licensee
and the place licensed. Such licenses shall be conspicuously displayed
at all times in the place thereby licensed. Licenses shall not be
transferable.
The Board of Health shall adopt rules and regulations
for the operation of food establishments. Such regulations shall be
adopted by resolution by the Board of Commissioners. They shall be
reviewed periodically and updated when necessary.
A.
Before work is begun in the construction, remodeling
or alteration of a food establishment where food is prepared, stored
or served, or in the conversion of an existing establishment to a
food establishment, properly prepared plans and specifications shall
be submitted to and approved by the licensor.
A.
The licensor shall conduct periodic inspections of
all food establishments licensed under this ordinance and keep accurate
records of such inspections. The Board or its authorized representative
shall have the right to enter any food establishment in order to conduct
inspections and obtain samples to determine compliance with the requirements
of this ordinance and other provisions of this Code. Any license issued
under this ordinance shall be immediately suspended in the event an
authorized representative of the licensor, after presenting proper
identification, is denied entry to any area of any food establishment
when the establishment is open to the public or during other reasonable
hours. Such suspension shall continue until entry is allowed to the
authorized representative of the licensor, an inspection is completed
and conditions are found to be satisfactory. In the event that entry
is denied for seven or more consecutive days, the license may be revoked.
B.
Whenever inspection produces samples which indicate
adulterated food, (as defined in Chapter 151, Food Establishments,
issued under Act 369 of May 23, 1945, P.L. 926[1]), the cost of laboratory testing shall be borne by the
food establishment, and the Health Officer shall issue a statement
therefor.
[Added 3-8-1988 by Ord. No. 1181]
[1]
Editor's Note: See 35 P.S. § 655.1
et seq.
A.
Any licensee who, after investigation made by the
licensor and after having the opportunity to be heard by the Board,
has failed or refused, after a reasonable interval, to correct conditions
found to constitute a violation of this ordinance or the rules and
regulations adopted hereunder, shall have his/her license revoked
or suspended.
B.
Any applicant who has been refused a license or any
licensee whose license has been revoked or suspended and who feels
aggrieved by the action of the licensor shall be privileged to appeal
that decision to and be heard by the Board of Commissioners. The licensor
shall be given notice of any such hearing and shall prevent all applicable
records to the Board of Commissioners.
C.
Any applicant or licensee who is aggrieved by an action
of the Board of Commissioners shall be privileged, on payment of the
reasonable expense of preparing the same, to have such records certified
to the Court of Common Pleas of the County of Delaware, whereupon
the Court shall review such records and proceedings and properly enter
such order or decree as the facts shall justify.
A.
No employee with any disease in a communicable form
or who is a carrier of such diseases shall work in any food establishment
in any capacity which brings him/her into contact with the production,
handling, storage or transportation of food or equipment used in food
establishments.
B.
No proprietor shall employ in any capacity any such
person suspected of having any disease in a communicable form or being
a carrier of such disease.
C.
Any employee who has a discharging or infected wound,
sore or lesion on the hands, arms or any exposed portion of the body
shall be excluded from those operations which will bring him/her into
contact with food, beverages, utensils or equipment used in food establishments.
D.
When reasonable grounds exist to indicate that there
is a possibility of transmission of infection from any employee, the
proprietor, the Board of Health and/or Health Officer shall be authorized
to require any or all of the following measures:
(1)
The immediate exclusion of the employee from the food
establishment.
(2)
Restriction of the services of the employee to some
work area where there is no danger of transmission of disease.
(3)
Adequate medical examinations of the employee and
his/her associates, with such laboratory examination as may be necessary.
E.
When there are reasonable grounds to indicate that
there is a danger of food-borne disease outbreak, the Health Officer,
with the concurrence of a physician, may require the immediate closing
of the establishment until no further danger of an outbreak exists.
F.
The Board of Health may establish, at its own discretion,
medical and/or screening programs and may require any or all employees
of food establishments to be tested.
[Added 12-12-2017 by Ord.
No. 1579[1]]
Kiosks shall be limited to nonfood items, unless product is
ready-to-eat and obtained from an approved source. All supplies must
be protected from contamination and stored securely in a clean environment,
defined and required under the Commonwealth of Pennsylvania, Department
of Agriculture Rules and Regulations under Title 7, Food Code, Chapter
46. For sanitizing and handwashing, all plumbing fixtures, drains,
accessories must be directly connected to the sanitary drainage system
of the building, as required by the current International Plumbing
Code.
[Added 2-14-1989 by Ord. No. 1198; amended 4-12-2005 by Ord. No. 1431]
Chapter 52 of the Code of the Township of Springfield, entitled "Food Establishments," shall adopt by reference the Commonwealth of Pennsylvania, Department of Agriculture, Rules and Regulations under Title 7, Chapter 46, adopted December 12, 2003, as if fully set out in this ordinance and as may from time to time be amended.
[Added 2-14-1989 by Ord. No. 1198]
It shall be the duty and responsibility of the
Health Officer of the Township or a designee to enforce the provisions
of this ordinance.
[Added 2-14-1989 by Ord. No. 1198]
Any person, persons, firm or corporation who shall violate a provision of Chapter 52, Food Establishments, or who shall fail to comply with any of the requirements thereof or a directive of the Township of Springfield's Health Officer or his deputy relating thereto shall, upon judgment against any person, persons, firm or corporation, be subject to the provisions of Chapter 1, Article II, entitled "Penalties," § 1-10, entitled "Violations and penalties," Subsection A, thereof.
