As used in this article, the following terms shall have the meanings indicated:
ADULTERATED
The condition of a food if:
A. 
It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.
B. 
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.
C. 
It consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption.
D. 
It has been processed, prepared, packed or held under insanitary conditions where it may have become contaminated with filth or whereby it may have been rendered injurious to health.
E. 
It is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter.
F. 
Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
FOOD ESTABLISHMENT
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. However, "food establishment" does not include a public eating and drinking place.
GOOD RETAIL PRACTICES AND RISK FACTOR VIOLATIONS
The Commonwealth of Pennsylvania has adopted the Model Food Code which is the most current edition of the Food Code published by the United States Department of Health and Human Services, Food and Drug Administration (FDA), 7 Pa. Code 46.4. The terms "good retail practices" and "risk factor violations," as used in this chapter, shall have the meanings ascribed to them in the FDA Code, 2013, Annex 7, Part 3, Inspection Form 3-A (Food Establishment Inspection Report), as amended. The Model Food Code is the code of the City of Easton.
[Added 6-27-2018 by Ord. No. 5646]
OFFERED FOR SALE
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.
PERISHABLE FOOD
Any food of such type or in such condition as may spoil.
POTENTIALLY HAZARDOUS FOOD
Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
[Amended 5-12-2004 by Ord. No. 4506]
All food establishments shall be subject to Pennsylvania Code, Title 7, Department of Agriculture, Chapter 46, Food Code Regulations, as amended. No person shall operate or maintain any public eating or drinking establishment otherwise than in a clean and sanitary condition and so as to conform at all times to the requirements of this chapter. The person in charge of and every food handler employed in any establishment shall observe and comply with the provisions of this chapter and of all rules and regulations relating to the operation or maintenance of such food establishment hereafter adopted.
A. 
Unless otherwise specifically exempted from the requirements of this section, no person shall undertake to remodel or alter any existing building or portion thereof which is being used or is proposed for use as a food establishment or shall undertake to construct a new building which is to be used in whole or in part as a food establishment without first having submitted plans thereof in triplicate to the Public Officer for approval.
B. 
Such plans shall be accompanied by data completely describing the food establishment or the addition or alteration proposed. If approved, one set of plans bearing such approval, in writing, shall be returned to the applicant and one set shall be forwarded to the City Zoning Administrator. If not approved, the manner in which such plans do not meet the requirements of this chapter shall be marked on all sets of plans, and one set of plans will be returned to the applicant and one set of plans shall be forwarded to the City Zoning Administrator.
C. 
The Public Officer shall be guided by the provisions of this chapter affecting such construction, the proposed methods of receiving and distributing perishable food or drink, and any applicable laws relating to the handling or processing of food or drink.
[Amended 12-28-1984 by Ord. No. 2793; 8-12-2004 by Ord. No. 4538]
A. 
No person, firm or corporation shall operate a food establishment without first obtaining a permit from the Board of Health and paying an annual inspection fee, as specified in Chapter 285, Fees.
B. 
The aforesaid permit and inspection fee shall be waived with respect to any food establishments whose need for the license exclusively relates to providing food at no cost to the needy.
An application for a permit to operate a food establishment shall be on forms provided by the Board, which shall set forth the name, residence, business address and telephone number of the applicant, the name of the persons operating the establishment, the square-foot floor area and any additional information which the Board may require to enable it to determine whether the provisions of this chapter are being complied with.[1]
[1]
Editor's Note: Former Section 1121.06, Enclosures, which previously followed this section, was repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
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.[1]
[1]
Editor's Note: Former Section 1121.08, Toilets and lavatory facilities, which previously followed this section, was repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
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 workspace. All employee hand-washing areas must have the ability to maintain constant water pressure for a minimum of 20 seconds. Snap faucets are not permitted at any employee hand-washing station.
[Amended 8-11-1999 by Ord. No. 3710]
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 Chapter 151, Title 25 of the Pennsylvania Code, as amended, shall apply to all persons employed in food establishments.
[Amended 8-11-1999 by Ord. No. 3710]
Wearing apparel shall be stored in suitable and adequate lockers provided by the food establishment operator and shall not be placed in toilet rooms, vestibules or in proximity to exposed food or drink.
[Amended 8-11-1999 by Ord. No. 3710]
The provisions of Chapter 78, Food Establishments, of Title 7, Agriculture, Department of Agriculture, of the Pennsylvania Code and the 1997 FDA Food Code, as amended, shall apply to all food and food establishments.[1]
[1]
Editor's Note: Former Section 1121.14, Refrigeration, which previously followed this section, was repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
In addition to the other regulations cited in this chapter, places which offer liquor and/or malt or brewed beverages shall comply with the regulations in Section 12 of the Restaurant and Hotel Liquor Licenses and Eating Places and Hotel Retail Dispenser Licenses of the Liquor Control Board, Commonwealth of Pennsylvania, as revised August 1970, and as amended.
[Amended 8-11-1999 by Ord. No. 3710]
No food or drink which is impure, decomposed 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 this chapter, shall be kept, sold or offered for sale for human consumption. No unlabeled can goods and cans showing rust, leakage or evidence of internal pressure shall be offered for sale or given away.[1]
[1]
Editor's Note: Former Section 1121.17, Poisonous materials, which previously followed this section, was repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
No live animal or fowl shall be permitted or kept in any room where food or drink is stored, prepared or handled.
[Amended 8-11-1999 by Ord. No. 3710]
The provisions of Chapter 78, Food Establishments, of Title 7, Agriculture, Department of Agriculture, of the Pennsylvania Code and the 1997 FDA Food Code shall apply to all food equipment and utensils in food establishments.
[Amended 8-11-1999 by Ord. No. 3710]
Hot and cold running water, under pressure, in amounts adequate to supply the peak demands of the establishment, shall be provided in all rooms where food is prepared. Sinks used in the washing of utensils or hand washing shall be provided with hot running water. The water supply shall be of a safe, sanitary quality and from an approved source.
[Amended 8-11-1999 by Ord. No. 3710]
All sewage shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Public Officer.
[Amended 8-11-1999 by Ord. No. 3710]
A. 
Plumbing and fixtures in the premises shall be connected, vented and drained, and so installed as to prevent contamination of the public water supply or other potable water supply. Every water supply outlet or connection to a water supply fixture or appliance shall be protected from backflow into the water system. The outlet end from which the potable water flows shall be spaced above the flood-level rim of the receiving receptacle a distance sufficient to provide a safe minimum air gap. All plumbing and fixtures shall be maintained in good repair and working order.
B. 
Drains from refrigerators, iceboxes or other receptacles, appliances, devices or apparatus which are used for storage, preparation or processing of food or food products shall not discharge directly into a building drain, soil or waste pipe, but shall be separated by an open air break.
C. 
All liquid wastes shall be disposed of in accordance with the requirements of the Plumbing Code, Health Code and any other applicable ordinances and regulations.[1]
[1]
Editor's Note: Former Section 1121.23, Toilet facilities, and former Section 1121.24, Lavatory facilities, which previously followed this section, were repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
Garbage shall be placed in impervious containers with tight-fitting covers or in similar tightly closed receptacles, which shall be kept in good repair and cleaned and washed when emptied, except that garbage placed in a room used solely for the storage of garbage and rubbish need not be placed in such container. Any garbage and rubbish storage room shall be maintained in a clean and satisfactory manner, so as to prevent the creation of odors and to eliminate a possible breeding area for vermin. Such a room shall have a tightly fitting door and shall be equipped with a screened air intake and exhaust fan. Refuse other than garbage shall be kept in receptacles. Refuse other than garbage shall be removed from the premises of the establishment not less than once per week and more often when necessary. All garbage and refuse containing garbage or other material attractive to rodents, flies and other insects and arthropods, shall be removed from the premises not less than every three days and shall be handled so as to prevent the attraction or the breeding therein of insects, rodents or other animals.
[Amended 8-11-1999 by Ord. No. 3710]
Rodents, flies, roaches, insects and other arthropods shall not be present in any part of the establishment. All openings to the outside shall be effectively protected against the entrance of all vermin. Vermin and rodent control shall be the sole responsibility of the proprietor of the establishment. Where deemed necessary by the Public Officer, the services of a professional exterminator shall be procured.
[Amended 8-11-1999 by Ord. No. 3710]
Samples of food, drink, ingredients, containers or any substance used in connection with the preparation of food or drink may be taken by the Public Officer or 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 given away may be condemned, removed or destroyed by or under the direction of the Public Officer or a duly authorized representative of the Board if, in the judgment of the Public 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 Public Officer or representative of the 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 substances shall be used, removed, destroyed or otherwise disposed of while under an embargo except by or under the direction of the Public Officer or a representative of the Board. The owner of products placed under an embargo by virtue of any power granted under this chapter shall have the right of appeal to the Board of Health. The Board shall afford a hearing within a reasonable time after receipt of a written request 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 shall have the right to stay or set aside the order.
[Amended 8-11-1999 by Ord. No. 3710]
Public distribution or sale of any food or drink products or the like is not permitted unless prepared in a licensed, inspected and approved facility. Absolutely no home cooking, baking, preparation, storage, etc. shall be allowed in the City for sale or distribution of any kind.[1]
[1]
Editor's Note: Former Article 1123, Food Handlers, which previously followed this section, was repealed 1-22-2003 by Ord. No. 4272.