(a) Definitions. As used in these regulations:
(1) "Food" means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use, in whole or in part, for human consumption.
(2) "Food vendor" means any person who transports, distributes or sells to the public prepared foods or perishable food of a kind deemed by the Board of Health to be capable of causing human food-borne illness, from any food service establishment, truck, trailer, cart, bicycle or other vehicle, from any other vehicle, or from any vending machine, container or other type of equipment.
(3) "Person" means and includes an individual, partnership or corporation.
(b) Regulation of Specific Conditions.
(1) Nuisances.
A. Any substance or thing which is dangerous to human life or health or which renders the air, food, water or other drink unwholesome, and any building, structure, cellar, or part thereof, which is overcrowded or not provided with suitable and efficient means of ingress and egress, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted, is hereby declared to be a nuisance and shall be illegal.
B. Whenever any citizen of the Township desires to lodge information of the existence of a nuisance, such information must be in writing and signed by the complainant. The communication must state the nature of the nuisance, the location thereof and the name of the owner or occupant of the property upon which such nuisance is alleged to exist. The Board and all its employees must treat all such communications as strictly confidential.
(2) Food or drink distribution.
A. Permit required.
1. No person shall sell or distribute to the public prepared food or perishable food from any food vending vehicle or from any other type of equipment without obtaining a permit from the Board of Health. A permit will not be issued to any person until the Board of Health has inspected and approved the establishment from which food is to be obtained. Any such establishment shall be equipped and operated in compliance with the provisions of Act No. 369, approved May 23, 1945, P.L. 926, as amended, relating to public eating and drinking places, the rules and regulations of the Advisory Health Board of the Department of Health of the Commonwealth, and any rules, regulations or requirements of the Board of Health now in effect or hereafter adopted. The permit shall at all times be kept posted prominently in the food vending vehicle or on the equipment. Unless previously revoked or suspended, all permits shall expire on February 28 following their issuance. Applications for renewal of permits shall be made prior to February 29 or March 1 of each year for a further period of twelve months.
2. If an owner should sell or lease his or her food establishment, the new owner or lessee must have a new license. A health license cannot be transferred from one owner or lessee to another.
3. All nursing homes must have a health license and must be inspected twice a year for food handling and serving of meals.
4. Applications for permits shall be upon forms provided by the Board of Health. The application for such license shall set forth the name and residence of the applicant, the kind of goods, wares or other merchandise to be sold, and the kind of vehicle, if any, to be used.
5. The Board of Health, after affording the holder of a permit an opportunity for a hearing, will suspend or revoke a license if it finds that any of the provisions of this section have been violated.
B. Market stores. Every person owning, leasing or occupying any place, room or building wherein any meats, vegetables or other foodstuffs are marketed publicly or privately, shall cause such place, room, building or market to be thoroughly cleaned, and all offal, blood, fat, garbage, refuse and unwholesome and offensive matter to be removed therefrom at least once in every twenty-four hours, after the use thereof for any of said purposes therein referred to. Further, such person shall, at all times, keep all woodwork, save floors and counters, in any building, place or premises as aforesaid, thoroughly painted with waterproof paint, unless made of waterproof material. The floors of such building, place or premises shall be constructed of an impermeable material with adequate provision for thorough cleaning. Under no circumstances shall drainage be discharged or allowed to flow into any stream or source of water supply without previous purification.
C. Floors.
1. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
2. Floors may be of concrete, terrazzo, tile or wood covered with linoleum. Wooden floors containing cracks, holes or broken or poorly fitting planks, or which otherwise fail to be tight, do not comply with the requirements of this paragraph. If floor drains are used, they shall be provided with proper traps and so constructed as to minimize clogging, and the floor shall be graded to drain.
D. Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
E. Doors and windows.
1. All openings to the outer air shall be effectively screened with not less than 16-mesh wire or plastic cloth. All doors shall be self-closing. All screen doors to the outside shall be outward.
2. There shall be a sufficient circulation of air to prevent the entrance of flies.
3. Window and door screens must be tight-fitting and free of holes. This includes the screens for skylights and transoms.
4. The requirements set forth in this paragraph must be satisfied during the seasons of the year when flies are prevalent (April to December 1).
F. Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.
G. Ventilation.
1. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated.
2. The requirements of this paragraph shall be deemed to have been satisfied if all rooms are adequately ventilated so as to be reasonably free of disagreeable odors and condensation. Ventilation equipment supplementary to windows and doors, such as adequate exhaust fans or stove hoods, shall be provided if necessary. Such requirement shall not apply to cold storage rooms.
H. Toilet facilities.
1. Every establishment shall be provided with adequate and conveniently located toilet facilities for both sexes, conforming to standards of the State Board of Health.
2. The requirement of paragraph (b)(2)H.1. hereof shall be deemed to have been satisfied if:
a. Adequate toilet facilities conveniently located and complying with the Township Plumbing Code are provided for employees of both sexes.
b. In establishments hereafter constructed, there is an intervening room or vestibule between any toilet room and any room in which food or drink is prepared, served or stored or in which utensils are handled or stored. The intervening room or vestibule shall be equipped with tight-fitting self-closing doors and shall be of such dimensions as to prevent both from being opened simultaneously by the same person.
c. Toilet room doors are provided with springs or checks to make them self-closing.
d. The toilet room and all fixtures are kept clean, sanitary, in good repair and free from flies.
e. The toilet room is well lighted and ventilated to the outside air.
f. Durable, legible signs are posted conspicuously in each toilet room directing employees to wash their hands before returning to work. Such signs may be stenciled on the wall to prevent removal. A booth open at the top or bottom shall not qualify as a toilet room.
g. All toilets are disinfected at least once a day.
h. In establishments hereafter constructed, floor drains are put in toilet rooms of clubs and taprooms.
I. Water supply. Running water under pressure shall be accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality. Hot and cold water are necessary.
J. Scoops, paddles or dippers. Scoops, paddles or dippers used to dispense ice cream shall be immersed in a receptacle with a constant flow of clear running water at all times.
K. Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his or her hands.
L. Methods of hand dishwashing.
1. Preferred methods.
a. Three compartment sink:
(A) Wash (water 110° to 130° F)
(B) Rinse (warm water)
(C) Sanitize (water 180° F for two minutes); or
b. Three compartment sink:
(A) Wash (water 110° to 130° F)
(B) Rinse (warm water)
(C) Sanitize with a chemical such as hypochlorite compound or a chlorine-containing compound of equal efficiency at a minimum concentration of 100 p.p.m. for at least thirty seconds; a quaternary ammonium compound at a minimum concentration of 200 p.p.m. for at least thirty seconds; or an iodophor compound at a minimum concentration of 12.5 p.p.m. for at least thirty seconds.
2. Accepted method. Two compartment sink:
a. Wash (water 110° to 130° F)
b. Rinse and sanitize with an acceptable solution.
M. Mechanical dishwashing.
1. The mechanical dishwashing installation shall be approved. Heating facilities and thermostatic controls to provide hot water at 180 degrees Fahrenheit minimum temperature for the final rinse cycle shall be provided on mechanical dishwashing equipment. Each mechanical dishwashing machine shall be equipped with an accurate thermometer.
2. The proprietor of an eating and drinking establishment shall have available upon the premises of such establishment the original container in which the chemical sanitizer currently employed was received from the distributor.
N. Refrigeration.
1. All readily perishable food or drink and food or drink capable of supporting the growth of micro-organisms which can cause food infection and food intoxication, including, but not limited to, meat or meat products, fish and fish products, cream or custard-filled bakery products and puddings, milk and milk products, egg and potato salad, gravy, cream sauces, and dressings, shall be kept at or below fifty degrees Fahrenheit, provided that, where required for preparation, serving or transportation, they may be kept at intermediate temperature for a total time not to exceed two hours.
2. Where such readily perishable foods are displayed, prepared, transported or served, a refrigeration system capable of holding all such foods at a temperature below fifty degrees Fahrenheit shall be provided and maintained. All refrigeration systems shall be kept clean and in good repair. Ice used in contact with food shall be from approved sources and handled in a sanitary manner. A thermometer shall be installed and maintained in each refrigerator.
3. Hot prepared food and drink may be air-cooled down to 150 degrees Fahrenheit.
4. Foods shall be stored in the refrigerator so as to permit the free circulation of cold air, and in such a manner as to prevent contamination. To promote rapid cooling, readily perishable foods and food mixtures as specified above shall be stored in the refrigerator in shallow containers or by such other means that will insure the cooling of the total mass to a temperature of fifty degrees Fahrenheit or less within two hours.
O. Construction, repair and maintenance of utensils and equipment.
1. All food service equipment, multi-use utensils, food storage and display equipment and auxiliary equipment used in an eating and drinking or catering place shall be constructed as to be easily cleanable and shall be maintained in good repair and operated in a sanitary manner.
2. All glassware, china, crockery and pottery shall be free from breaks, cracks and chipped places.
3. All multi-use utensils, other utensils and equipment, which surfaces come into contact with food and drink, shall be made of smooth, corrosion-resistant non-toxic material, kept in good repair and free of breaks, cracks, rough areas, corrosion and open seams. Food contact surfaces shall drain freely and shall be easily accessible for cleaning, servicing and inspection.
4. Stationary equipment shall be installed and maintained in such a manner as to prevent the harboring of rodents and insects and to permit cleaning.
5. All exhaust fans and stove hoods shall be kept and maintained in a clean and sanitary manner.
6. The Board of Health may adopt or develop standards for the construction and design of food storage equipment, multi-use utensils and food storage and display equipment consistent with the provisions of this section, to be used for reference and interpretation purposes.
P. Disposal of wastes. All liquid wastes shall be disposed of in accordance with the requirements of the Plumbing Code and the Health Code and regulations thereunder and any other applicable ordinances and regulations. Garbage shall be placed in metal containers with tight-fitting covers or in similar tightly closed receptacles, properly constructed, kept in good repair, and washed when empty or placed in a room solely used for the storage of garbage and/or refuse. 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 approved receptacles. All refuse material shall be frequently removed from the premises of the eating and drinking place. All garbage and refuse containing garbage or other material attractive to flies and other insects shall be removed from the premises at frequent intervals and shall be handled to prevent the attraction to and/or the breeding therein of insects, rodents and other animals.
Q. Wholesomeness of foods.
1. All food and drink shall be clean, wholesome and free from contamination, spoilage, hazardous chemicals, rodents, insects and insect parts and disease-causing micro-organisms. Meat, meat products, milk, milk products, shellfish, ice cream and frozen desserts shall be from sources approved by the Board of Health. Shucked shellfish shall be kept in the container in which they were placed in the shucking plant until used.
2. All pork or pork products shall be heated to an internal temperature of 141 degrees Fahrenheit, unless the pork or pork product has been subjected to a prior treatment at the time of manufacture or by a subsequent heating, drying, freezing or other treatment so as to render it free from trichinae organisms.
3. Records of the purchase of food and drink shall be held at the eating and/or drinking place or at some other convenient location for a period of three months following the date of purchase. Such records shall be made available to the Board of Health upon request.
R. Preparation, service, storage, transport and display of food and drink.
1. Food and drink shall be so prepared, stored, displayed, transported and served as to be protected from dirt, flies, insects and rodents, unnecessary handling, droplet infection, potential overhead leakage and all other contamination. Flies, roaches and other insects and rodents shall not be present in any part of the establishment.
2. No live animals or live fowl shall be kept or allowed in any room in which food or drink is served, prepared or stored.
3. No room used by the owner or operator for his or her personal living, sleeping, cooking or eating purposes shall be used for any operation connected with the eating and drinking place or catering place, provided that food preparation rooms attached to an eating and drinking place or catering place, and used by the owner or operator for his or her personal cooking or eating purposes, may be used for operation connected with the eating and drinking place or catering place where such eating and drinking place or catering place has a fixed and permanent location and food is served on the premises.
4. No insecticide or other poisonous or deleterious substance shall be stored in any room where food or drink is stored, served or prepared, except in a separate cabinet not used for any food purpose. All insecticides and similar materials shall be kept in properly labeled containers and shall be so employed as to prevent the contamination of food and drink, food preparation surfaces, utensils and equipment. Poisonous insecticides shall be colored other than white.
5. Unwrapped or otherwise unprotected displayed food which is subject to contamination through public handling, coughing or sneezing shall be protected by means of glass or similar partitions or through other approved means.
S. Health and cleanliness of employees.
1. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment, and shall, while engaged in the preparation of food, wear a suitable head covering to protect the food from contamination from human hair. Employees shall not expectorate or use tobacco in rooms in which food is prepared.
2. No person who is affected with an infection or disease in a communicable form or is a carrier of such an infection or disease shall work in an eating and drinking or catering establishment, and no heating and drinking or catering establishment shall employ any such person or any person suspected of being affected with an infection or disease in a communicable form or of being a carrier of such disease. If the eating and drinking or catering establishment proprietor suspects that any employee has contracted any infection or disease in a communicable form or has become a carrier of such infection or disease, he or she shall notify the Board of Health immediately.
3. All handlers of perishable foods must be examined by a doctor at least once a year.
T. General requirements.
1. The surrounding outer premises of an eating and drinking or catering establishment shall be kept clean and free of litter and rubbish, and from all other conditions that may serve as rodent harborages or to attract flies and other insects.
2. Stored food, food products and food ingredients shall be stored on platforms six inches above the floor level, provided that this shall not apply to any food, food product or food ingredients in waterproof, rodentproof packaging or containers.
3. Facilities shall be supplied for the storing and hanging of employees' clothing and such facilities shall be kept clean. These shall be separated from rooms where food or drink is prepared unless placed in a closet or a closed compartment.
4. Soiled linens, coats and aprons shall be kept in containers provided for that purpose.
5. Table cloths, napkins, etc., shall be clean and sanitary.
6. Milk sold, offered for sale or delivered for sale or consumption within the Township shall meet the following bacteriological requirements:
a. No raw milk other than certified shall be delivered or offered for sale.
b. Milk for pasteurization shall give a standard plat count of not more than 300,000 per cubic centimeter prior to pasteurization.
c. Pasteurized milk shall give a standard plate count of not more than 30,000 public cubic centimeter prior to delivery to the consumer.
7. The fee for the Board of Health license, pursuant to Act No. 369, shall be set by the Board of Health.
8. A copy of the Board of Health regulations shall be given to a person when he or she applies for a health license. When the license is issued, the person must sign a form stating that he or she has read the health regulations.
9. If a child has a communicable disease, it will be up to the family doctor to decide when the child may be released from quarantine and go back to school. If there is no family doctor, then it will be up to the school doctor to make the decision. If there is no school doctor, then it will be up to the health doctor to make the decision. The child must have a note from the doctor before being admitted back to school and must be quarantined for at least seven days from the date of the onset.
10. Doctors must report all communicable diseases to the Secretary of the Board of Health.
11. When a handler of perishable foods is examined by a doctor in regard to the required annual health examination, the doctor must fill out a form stating the results of the examination. The doctor must give a copy of this form to the person being examined and must also send a copy to the Board of Health.
12. When the free Chest X-Ray Unit comes to Lower Chichester Township, all food handlers must get a chest x-ray for tuberculosis.
(3) Factories, etc. No person shall erect and maintain within the limits of the Township any manufactory or place of business dangerous to life and detrimental to health, or where unwholesome, offensive or deleterious odors, gases, smoke or exhalations are generated, such as tanneries, piggeries, refineries, manufactories of starch, glue, leather, chemicals, fertilizers or gas, without a written permit from the Board of Health. All such establishments shall be kept clean so as not to be offensive or prejudicial to public health. No offensive or deleterious waste substance, refuse or injurious matter shall be allowed to run into any street, road, public place, stream or source of water supply. Every person conducting such manufactory or business shall use the most approved and all reasonable means to prevent the escape of smoke, gases and odors and to protect the health and safety of all persons employed therein.
(4) Wells. All wells that furnish impure water for drinking are hereby declared to be nuisances and such nuisances shall be abated by direction of the Board of Health.
(5) Excavations, stagnant water, etc.
A. No person shall leave any excavation uncovered on completion of a day's work, and any old abandoned holes or wells are to be filled in or adequately covered.
B. No person shall suffer any excavation, low ground or gutters upon property in his or her possession within the limits of the Township to be filled or covered with stagnant water or other noisome matter so as to be unwholesome or offensive. No person shall suffer any cellar, yard, stable or other place in his or her possession to become noisome or offensive. No person owning or occupying property within the limits of the Township, or, in the case of a non-residence or absence of the owner, no agent having charge of such property, shall permit water flowing from any hydrant, pipe or fixture connected with the conveyance of water to the Township, refuse water from culinary or other purposes, water running off from the roof of any dwelling house, shop, store, shed or other building belonging to him or her, or in his or her charge or occupancy, water from any other source, or noisome matter of any kind, to flow or run from his or her premises, or premises which may be in his or her charge or occupancy, to and upon the premises of any other person, so that the same shall or may become stagnant, noxious or filthy on the premises of such other person.
(6) Cleaning of drains, etc. All house drains, waste and soil pipes, water closets, etc., shall be maintained in a satisfactory condition and shall be cleaned out when necessary or when, in the judgment of the Board of Health, they may constitute a nuisance or a menace to public health.
(c) Violations.
(1) No person shall fail to comply with any of the provisions of this section. Whenever a person has been officially notified by the Health Officer or by the service of a summons in a prosecution or in any other official manner that he or she is committing a violation of any of the provisions of this section, each day that he or she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
(2) In the case of any person violating any provision of subsection (b) hereof and failing to comply, within five days, with a written notice or order of abatement, stating the condition specifically therein, from the Board of Health, the Board of Health may proceed to remove or abate said nuisance, and the expenses thereof shall be recoverable from the owner or occupier of the premises, together with a penalty of twenty percent of such costs, in the manner provided for by law for the collection of Municipal claims or by an action in assumpsit without the filing or a claim.
(Ord. 363. Passed 9-17-62.)