As used in this article, the following terms
shall have the meanings indicated:
The condition of a food if:
It bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health.
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.
It consists in whole or in part of any filthy,
putrid or decomposed substance, or if it is otherwise unfit for human
consumption.
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.
It is in whole or in part the product of a diseased
animal or an animal which has died otherwise than by slaughter.
Its container is composed in whole or in part
of any poisonous or deleterious substance which may render the contents
injurious to health.
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.
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]
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 of such type or in such condition as may spoil.
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]
The use of common drinking cups and towels within
the City shall be subject to Title 25 of the Pennsylvania Code, Sections 157.11
and 157.12, as amended.
[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.
