The 2022 Food Code, is modified and amended in the following respects, and the following amendments, modifications and additions so made are hereby adopted to the same intent and effect as if originally incorporated in that Code:
§ 1-101.10 Food Code, is amended by deleting § 1-101.10 in its entirety and substituting in place thereof the following: These provisions shall be known as the "Reading Food Code," hereinafter referred to as "this Code."
§ 1-201.10(B) Regulatory Authority is amended to add the following after the first sentence: The term shall also include but not be limited to the City of Reading, the City of Reading Property Maintenance Department and its assigned Health Inspector(s), as well as the Health Inspector's designees.
Chapter 8 is amended by adding the following sections:
§ 8-601.10. Enforcement.
(A) Enforcement authority. The Food Code shall be enforced by the REGULATORY AUTHORITY as defined by § 1-201.10, or its designee.
(B) Inspections. Inspections of FOOD ESTABLISHMENTS shall be conducted by the REGULATORY AUTHORITY, including but not limited to the City of Reading Health Inspector, or his/her designee, as specified in § 8-401 of this Code.
(C) Training. In addition to requirements set out in § 8-402.10 of this Code, Health Inspectors assigned by the REGULATORY AUTHORITY shall be provided with training courses paid for by the City of Reading, and shall achieve certification offered by the Commonwealth of Pennsylvania and/or other certifying agencies, as required by LAW.
(D) Equipment. All Health Inspectors assigned by the REGULATORY AUTHORITY to conduct inspections pursuant to this Code shall be provided with a vehicle and thermometer registering range of -20° F. to +220° F., plus all the equipment and tools necessary to inspect FOOD ESTABLISHMENT, as the term is defined by this Code.
§ 8-601.20. Method of service of notice of violation, suspension or revocation.
(A) Service. Notice shall be deemed to be properly served if a copy thereof is:
(1) Handed to the PERMIT HOLDER, PERSON IN CHARGE, or PERSON as these terms are defined by this Code, or his/her designee, operating the FOOD ESTABLISHMENT, or by posting such notice in a conspicuous place on the FOOD ESTABLISHMENT and/or PREMISES;
(2) Sent by first-class mail addressed to the last known address of the PERMIT HOLDER or PERSON operating a FOOD EST AB LIS HM ENT; or
(3) Delivered by any other another manner of service authorized by LAW of the Commonwealth of Pennsylvania.
§ 8-601.30. Permit.
(A) Requirement of a Food Employee Certification. In addition to the requirements and procedures set out in § 8-3 of this Code, the following provisions shall apply:
(1) No person shall operate a FOOD ESTABLISHMENT in the City of Reading without a valid Food EMPLOYEE certification from the Department of Agriculture. New FOOD ESTABLISHMENTS will have 90 days to comply with said requirement; existing FOOD ESTABLISHMENTS which are not in compliance due to lack of current certification, employee turnover or other loss of certified person shall have 90 days from the effective date of this section or the date of loss of certified person to comply.
(2) Several types of FOOD ESTABLISHMENTS are exempt from complying with the EMPLOYEE certification requirement under this section. Exempt FOOD ESTABLISHMENTS include:
(a) FOOD ESTABLISHMENTS where only commercially prepackaged food is handled and sold;
(b) FOOD ESTABLISHMENTS that do not handle potentially hazardous foods;
(c) Food manufacturing facilities engaged in the manufacture of prepackaged non-potentially hazardous food;
(d) An organization classified as tax-exempt under § 501(c)(3) of the Internal Revenue Code of 1986;
(e) FOOD ESTABLISHMENTS managed on a not-for-profit basis by a volunteer fire company or an ambulance, religious, charitable, fraternal, veterans, civic, agriculture fair or agricultural association or any separately chartered auxiliary of any of the above;
(f) FOOD ESTABLISHMENTS managed on a not-for-profit basis by organizations supporting extracurricular recreational activities for youth of all public, private and parochial school systems. Examples: school booster clubs, Little League or Midget Football Associations.
(B) Application. PERMIT application shall be on a form prepared and provided by the City of Reading Property Maintenance Codes Enforcement Office, submitted thereto and accompanied by a $50 processing fee. Upon approval, payment of an applicable fee as established in Chapter 212, Fees, is further required to obtain a PERMIT.
(C) Permit Renewal. Failure of the REGULATORY AUTHORITY to issue an application for renewal of a PERMIT shall not be a defense in any legal proceeding. The responsibility of timely renewing a PERMIT is solely on the FOOD ESTABLISHMENT and/or PERMIT HOLDER.
(D) Failure to renew a PERMIT may result in suspension or revocation of said PERMIT. Such suspension or revocation will result in closure of the FOOD ESTABLISHMENT pending compliance with this Code.
§ 8-601.40 Inspections.
(A) Access to food establishment and records. The person operating the FOOD ESTABLISHMENT shall upon request of the REGULATORY AUTHORITY permit access to all parts of the FOOD ESTABLISHMENT and shall permit copying of any and all records of food purchased by the FOOD ESTABLISHMENT. The FOOD ESTABLISHMENT shall also permit the taking of food samples for the purpose of scientific testing.
(B) Violation notice. If during an inspection the REGULATORY AUTHORITY, or his/her designee, determines that the FOOD ESTABLISHMENT is in violation of any provision of this Code, the REGULATORY AUTHORITY shall serve written notice upon such FOOD ESTABLISHMENT of the violation(s) found. The violation notice may be in conjunction with, or as part of, the inspection report provided it meets the criteria set forth in this section. The violation notice shall:
(1) Be in writing;
(2) Include a description of the FOOD ESTABLISHMENT and/or PREMISES sufficient for identification;
(3) Include a statement of the violation or violations;
(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the FOOD ESTABLISHMENT into compliance with the provisions of this Code;
(5) Inform the PERMIT HOLDER of the right to appeal; and
(6) Include a statement that failure to correct the violation may result in suspension/revocation of the PERMIT causing closure of FOOD ESTABLISHMENT.
(C) Appeal of violation notice. An appeal from a violation notice may be made by requesting a hearing in writing within 10 days of receipt of the notice addressed to the City of Reading Health Office, Room 1-30, City Hall, 815 Washington Street, Reading, PA 19601.
(1) Hearing of appeal of violation notice. Hearing of appeal of violation notice shall be conducted in the manner prescribed by § 8-601.60 of this Code.
(D) Re-inspection. Upon expiration of the time provided to abate/cure/correct the violation(s) as set forth on the violation notice, the REGULATORY AUTHORITY, or his or her designee, shall return to the FOOD ESTABLISHMENT to perform a re-inspection to determine if the violation(s) continues to exist.
§ 8-601.50. Suspension and revocation of permit.
(A) Suspension and revocation of permit. If the REGULATORY AUTHORITY determines through inspector, or examination of EMPLOYEES, FOOD, records, or other means as specified in this Code, that any of the provisions of this Code have been or are being violated, in an egregious or continuing manner that possesses an IMMINENT HEALTH HAZARD, it may suspend the PERMIT to operate a FOOD ESTABLISHMENT.
(B) Reinstatement of permit. Reinstatement of suspended or revoked PERMIT shall not be made unless the act, default or omission which was grounds for suspension or revocation shall have been remedied prior to the time of reinstatement.
§ 8-601.60. Hearing.
(A) Hearing Officer. The REGULATORY AUTHORITY may appoint a PERSON, such as a staff member of the Property Maintenance Department, hereafter referred to as the hearing officer, who presides over a proceeding initiated by the REGULATORY AUTHORITY.
(1) The hearing officer shall be knowledgeable of the provision of this Code and be a REGULATORY AUTHORITY representative other than the PERSON that inspected the FOOD ESTABLISHMENT, or who has any other role in making the decision that is being contested.
(B) Notice. The order or notice of suspension or revocation of a PERMIT, and/or the notice of violation(s) of this Code, shall set forth the date for a hearing requiring the PERMIT HOLDER and/or his/her representative to appear before a hearing officer to show cause why such PERMIT shall not be suspended or revoked and/or the violation of this Code did not exist. Such notice shall contain a brief statement of the violation, and the time and place of hearing, which shall be held within 10 days of the notice.
(C) Hearing. The PERMIT HOLDER, and/or his/her representative, may appear in person or with counsel and present evidence regarding the violation and show cause why the violation did not exist and/or the PERMIT should not be suspended or revoked. The REGULATORY AUTHORITY, and/or its representative, may also appear in person or with counsel and show cause why the violation did exist and/or the PERMIT should be suspended or revoked. The hearing officer shall receive such information, evidence and testimony, and the formal rules of evidence shall not apply.
(D) Determination. Within 10 days of completion of the violation/suspension/revocation hearing, the hearing officer shall issue notice in writing of his/her determination.
§ 8-601.70. Judicial Enforcement Proceedings.
(A) Institution of Proceedings. Proceeding to enforce this Code may be instituted by the Regulatory Authority according to LAW of the Commonwealth of Pennsylvania by issuing a citation or summons, or by any other means authorized by the LAW of the Commonwealth of Pennsylvania.
(B) Violations of this Code. A PERSON, PERMIT HOLDER, and/or FOOD ESTABLISHMENT that violates a provision of this Code shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $200 and not exceeding $1000.
(1) Each day that a violation continues, after due notice has been served, shall be deemed a separate offense punishable by a separate fine as set forth herein.
(C) Injunctive Proceeding. The REGULATORY AUTHORITY may, according to LAW, petition a court of competent jurisdiction for a temporary or permanent injunctive relief to achieve compliance with the provisions of this Code or its orders.
(D) Civil Proceedings. The REGULATORY AUTHORITY may petition a court of competent jurisdiction to enforce the provisions of this Code or its administrative orders and according to law collect penalties and fees for violations.
(1) In addition to any fines and sentences imposed as specified in this section, or to being enjoined as specified in this section, a PERSON who violates a provision of this Code, any rule or regulation adopted in accordance with LAW related to FOOD ESTABLISHMENTS within the scope of this Code, or to any term, condition, or limitation of a PERMIT issued as specified in §§ 8-303.10 and 8-303.20 is subject to a civil penalty not exceeding $1,000.
(2) Each day that a violation continues, after due notice has been served, shall be deemed a separate offense punishable by a separate penalty as set forth herein.
(E) Nonexclusive remedy. The penalty provisions of this section and the PERMIT nonrenewal, suspension and revocation procedures provided in this chapter shall be independent, non-mutually exclusive separate remedies, all of which shall be available to the City of Reading as may be deemed appropriate for carrying out the purposes of this Code. The remedies and procedures provided in this Code for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the City of Reading in the case of a violation of any other City of Reading Code or ordinance, whether or not such other code or ordinance is referenced in this Code, and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this Code.
§ 8-601.80 Other codes.
(A) Nothing in this Code shall be construed to cancel, modify or set aside any provision of any other Code or ordinance of the City of Reading. Compliance with all other codes and/or ordinances of the City of Reading shall continue to apply and govern other aspects of FOOD ESTABLISHMENT operation, including but not limited to compliance with the City of Reading's Construction, Zoning, and Property Maintenance Codes.