[Amended 11-17-2004 by Ord. No. 4599]
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 which may be 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 prepared, packed or stored under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health; or
E. 
The container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health.
COMMISSARY
The catering establishment, restaurant or any other place in which food, beverage, ingredients, containers or supplies are kept, handled, prepared or stored and from which vending machines are serviced.
FOOD
Any raw, cooked or processed substance, beverage or ingredient used or intended for use in whole or in part for human consumption.
FOOD CONTACT SURFACE
Those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
FOOD VENDOR
Any person who transports, distributes, sells or offers for sale foods, prepared foods or readily perishable food of any kind from any truck, trailer, cart, bicycle, container or other similar type of vehicle or device other than a vending machine.
MISBRANDING
The use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading or which violates any applicable local, state or federal labeling requirements.
OPERATOR
Any person who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines.
READILY PERISHABLE FOODS
Any food, beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication.
SINGLE SERVICE ARTICLE
Cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping material and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or such other materials and which are intended by manufacturers and generally recognized by the public as for one usage only, then to be discarded.
A. 
Applications for permits shall be on forms provided by the Board which shall set forth the name, residence and business address of the applicant, the owner and the operators of the establishment or establishments from which the prepared or perishable food will be obtained and the manufacturer and model number of each vending machine, and if a food vendor, the name, model, year and license number of the vehicles or devices used for transportation and/or distribution of food.
B. 
Every operator and food vendor shall, upon demand, furnish to the Board such additional information as it may require to enable it to determine whether the provisions of this chapter are being complied with. Failure to furnish this information promptly or failure to secure written permission to inspect or reinspect sources of locally prepared perishable food supplies shall result in the refusal to issue or the revocation of the food vendor's and/or operator's permit.
A. 
No person shall sell or distribute food to the public either as an operator or as a food vendor without obtaining a permit from the Board. A permit will not be issued to any person until the Public Officer has inspected and approved the establishment from which prepared perishable food is to be obtained. Written permission for the Board to inspect or reinspect such establishment shall be secured by the applicant.
B. 
Any such establishment shall be equipped and operated in compliance with the provisions of this chapter and any rules, regulations or requirements of the Board now in effect or hereafter adopted. The name, address and number of the vendor's and/or operator's permit shall at all times be kept posted prominently on each vending machine and on each vehicle or device used by a food vendor. Unless previously revoked or suspended, all permits shall expire on March 15 following their issuance. Applications for renewal of permits shall be made prior to March 1 of each year for a further period of 12 months.
A. 
Each applicant at the time of applying for an operator's permit in the City shall pay an annual inspection fee as specified in Chapter 285, Fees.
B. 
Each applicant at the time of applying for a food vendor's permit shall pay an annual fee as specified in Chapter 285, Fees, for inspection services. An applicant operating more than one food vending vehicle or device in the City shall also pay an annual fee for such services as specified in Chapter 285, Fees.[1]
[Amended 12-28-1984 by Ord. No. 2793]
[1]
Editor's Note: Former Section 1124.05, Inspection; former Section 1124.06, Exceptions and application; former Section 1124.07, Food, beverages, ingredients, equipment maintenance and operation; former Section 1124.08, Machine location; former Section 1124.09, Construction of machine; former Section 1124.11, Plumbing; former Section 1124.12, Waste disposal; and former Section 1124.13, Delivery of foods, ingredients and equipment, which previously followed this section, were repealed 11-17-2004 by Ord. No. 4599.
All water used in vending machines shall be serviced directly from connections to the public water supply.
A. 
General standards.
(1) 
Vehicles are to be kept clean and in good repair.
(2) 
All surfaces are to be smooth, nonabsorbent and easily cleanable.
(3) 
Clean and sanitized metal probe thermometers must be used to check food temperatures on a routine basis.
(4) 
Food handlers must have clean clothing.
(5) 
There is to be a minimum of food contact with hands.
(6) 
Hands should be washed as often as possible. 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.
(7) 
Food must be properly labeled.
(8) 
The vehicle service areas must have an area for draining of liquid waste from the holding tank into a sanitary sewer.
(9) 
A covered trash container shall be provided for the disposal of solid waste.
[Amended 8-11-1999 by Ord. No. 3710]
(10) 
Hot holding units must be capable of maintaining a product temperature of 135° F.
(11) 
All hot food must be heated to 165° F. prior to being placed in hot holding units which must be capable of maintaining a product temperature of at least 135° F.
(12) 
Ice storage may be used for beverages that are in impervious containers.
(13) 
Mechanical air refrigeration facilities, capable of maintaining potentially hazardous food at 41° F. or below, shall be provided. Mechanical refrigeration is not necessary for storage of prepackaged, frozen hot dogs. All refrigeration equipment must be NSF approved or equivalent.
[Amended 8-11-1999 by Ord. No. 3710; 11-17-2004 by Ord. No. 4599]
(14) 
No wet (ice) storage of potentially hazardous food will be permitted.
(15) 
Licenses will be issued for individual trucks and will not be transferable.
(16) 
A copy of the latest inspection report of the commissary or depot from the appropriate inspection agency must be provided.
B. 
Prepackaged (only) food vendors.
(1) 
No hand-washing facilities are needed.
(2) 
No running water is needed.
(3) 
Must meet the general standards noted in Subsection A hereof except for the above exceptions.
C. 
Hot and cold preparation vendors.
(1) 
There must be a partition (solid wall or screen) between the food preparation and cab areas or the front doors must be self-closing and kept closed on motor vehicles.
(2) 
Safety shielding must be provided for all lighting fixtures.
(3) 
If frozen desserts are hand-dipped, a dipper well must be provided.
(4) 
If soft frozen desserts are sold, the machine must be cleaned, rinsed and sanitized daily. The machine must be licensed by the Pennsylvania Department of Agriculture.
(5) 
Hand-washing facilities are needed. Hot (110° F.) and cold or tempered running water, soap and paper towels must be provided.
(6) 
A two-gallon-minimum potable water holding tank is needed.
(7) 
The water supply must be potable.
(8) 
A liquid waste retention tank must be at least 15% larger in capacity than the water supply tank.
(9) 
All hoses used must be kept in clean condition:
(a) 
The ends must be protected.
(b) 
They must be sanitized regularly.
(c) 
Backflow prevention devices must be installed.
[Amended 8-11-1999 by Ord. No. 3710]
A. 
Food.
(1) 
All food must be cleaned, wholesome, free from spoilage and safe for human consumption. The use of home canned food is strictly prohibited. All food materials must be secured from licensed or approved facilities.
(2) 
All food, while being prepared, displayed or served, must be covered to prevent possible contamination from dust, insects or the like.
(3) 
All water and ice must be potable and be transported in a safe and sanitary manner.
(4) 
Raw fruits and vegetables must be thoroughly washed with potable water before use.
[Amended 8-11-1999 by Ord. No. 3710]
(5) 
Potentially hazardous foods such as meat, poultry, fish and dairy products must be kept below 41° F. or above 135° F. at all times. Adequate refrigeration and/or hot holding facilities must be provided.
[Amended 11-17-2004 by Ord. No. 4599]
(6) 
Potentially hazardous foods must be cooked to heat all parts of the food to an internal temperature of at least 140° F. Exceptions are:
(a) 
Poultry and stuffing must be cooked to at least 165° F.
(b) 
Pork or pork products must be cooked to at least 150° F.
(c) 
Ground beef must be cooked to at least 155° F.
B. 
Equipment.
(1) 
All food preparation surfaces must be smooth and easily cleanable.
(2) 
All food services must utilize single-service throwaway items.
(3) 
All food contact surfaces shall be thoroughly washed, rinsed and sanitized as often as needed. A sanitizing solution can be made by adding one tablespoon of chlorine bleach to a gallon of water. Pour the solution into a clean spray bottle to spray sanitizer onto food contact surfaces.
(4) 
Stands which utilize open flames or a volatile liquid must be equipped with fire extinguishers and have sufficient operating space so as to prevent a possible safety hazard. Approval must be obtained from the local Fire Department.
(5) 
Adequate garbage containers with lids shall be made available to accommodate the facility.
C. 
Staff.
[Amended 8-11-1999 by Ord. No. 3710]
(1) 
A hand-washing station must be present so food handlers can wash their hands when necessary. Hands must be washed as often as needed. A hand-washing station consists of a supply of potable water, hand soap, paper towels and a container to catch the wastewater. Premoistened towellettes are acceptable only when nonhazardous or prepackaged foods are being offered.
(2) 
All food handlers must wear clean clothes, a hair restraint, be healthy and maintain a high degree of personal cleanliness at all times.[1]
[1]
Editor's Note: Original Sec. 1124.16, Personnel, which previously followed this section, was deleted 2-11-2009 by Ord. No. 5179.
[Amended 8-11-1999 by Ord. No. 3710]
A. 
Floors, walls, ceiling, shelves, compartments and container holders in food vending vehicles 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 any shelf, display or storage space at such time as food shall be dispensed therefrom.
B. 
All utensils and equipment shall be of an approved design and kept clean and stored and sanitized in a manner acceptable to the Board. Paper cups shall be dispensed from an approved type of dispenser and only wrapped straws and single-service spoons shall be used.[1]
[1]
Editor's Note: Original Sec. 1124.18, Refrigeration, which previously followed this section, was deleted 2-11-2009 by Ord. No. 5179.
[Amended 8-11-1999 by Ord. No. 3710]
The provisions of § 444-57 of this chapter shall be applicable to vending machines and vehicles utilized in servicing vending machines.[1]
[1]
Editor's Note: Former Article 1125, Ice Manufacture, Processing and Distribution, which previously followed this section, was repealed 11-17-2004 by Ord. No. 4599.