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Code of the Township of Abington
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PART II GENERAL LEGISLATION: Chapter
88, FOOD HANDLING ESTABLISHMENTS
[HISTORY: Adopted by the Board of Commissioners of
the Township of Abington as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse -- See Ch. 92.
Nuisances -- See Ch. 108.
ARTICLE I, Physical Examinations of Employees [Adopted
3-9-1933 by Ord. No. 318]
88-1. Employment of certain persons prohibited.
No person or persons, firm or corporation operating
or conducting food, confectionery and produce stores
or markets, or dairies, or who are engaged in the vending
and marketing of milk, meats, fruits, produce, bakery
products and all other foodstuffs in this township,
shall hereafter employ or keep in their employ, in the
capacity of clerk, salesperson, delivery person or other
employees engaged in handling said foodstuffs, any person
or persons who is or are suffering from trachoma, active
tuberculosis of the lungs, open skin tuberculosis, syphilis,
gonorrhea, open external cancer or barber's itch or
from any communicable disease; and all persons so employed
who, at the time of the adoption of this article, are
suffering from any of the said diseases shall at once
be excluded from such employment.
88-2. Certificates of examination.
Every person so employed or permitted to work for any
person or persons, firm or corporation operating or
conducting any food, confectionery and produce stores
or markets or any dairies, or who are engaged in the
vending and marketing of milk, meats, fruits, produce,
bakery products and all other foodstuffs in this township,
shall obtain a certificate from a reputable registered
doctor of medicine, certifying that such person is free
from any of the diseases mentioned in 88-1; and no person
shall be employed or permitted to work as aforesaid
in such food, confectionery and produce stores or markets,
or dairies, or engage in the vending and marketing of
milk, meats, fruits, produce, bakery products and all
other foodstuffs in this township, without having first
obtained such a certificate. Said certificate or certificates
shall be filed with the Health Officer of Abington Township
at the Township Building within five days from the date
of said medical examination. The said medical certificate
or certificates shall be valid for a period of six months
and may be revoked at any time prior thereto if the
condition of such person warrants it.
88-3. Carriers of typhoid fever.
No person or persons, firm or corporation operating
or conducting any food, confectionery and produce stores
or markets or any dairies, or who are engaged in the
vending and marketing of milk, meats, fruits, produce,
bakery products and all other foodstuffs in this township,
shall keep in their employ, in any of the several capacities
mentioned in 88-1, any person who is a carrier of typhoid
fever, after notice that any such person so employed
by them is a carrier of typhoid fever has been served
in writing upon the owner, operator or manager of any
such food, confectionery and produce store or market,
dairy or business of vending and marketing milk, meats,
fruits, produce, bakery products and all other foodstuffs,
by a physician or the Health Officer of the township.
88-4. Violations and penalties.
Any person convicted of violating this article shall
be sentenced to pay the costs of prosecution and a fine
not exceeding $50, and in default of payment of such
costs and fine shall undergo imprisonment in the township
lockup for a period not exceeding five days.
ARTICLE II, (Reserved)EN
88-5. (Reserved)
88-6. (Reserved)
88-7. (Reserved)
ARTICLE III, Food Preparation Establishments [Adopted
12-11-1958 by Ord. No. 927]
88-8. Authority of Department of Public Health.
The Department of Public Health of the Township of
Abington, in order to protect the health and safety
of the people of the township, is authorized and directed,
by implementing and enforcing the provisions of this
article, to control the conduct and operation of food
establishments within the township.
88-9. License required.
From and after January 1, 1959, it shall be unlawful
for any person to conduct or operate a food establishment
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, within the Township of Abington,
without first obtaining a license therefor.
88-10. Inspection of premises; fee. [Amended 2-13-1975
by Ord. No. 1396]
A. [Amended 3-12-1981 by Ord. No. 1521] No license
shall be issued until inspection of the premises, facilities
and equipment has been made by a duly authorized representative
of the Department of Public Health of the Township of
Abington. The fee for the license shall be $1 and shall
be paid by each applicant at the time of making application
for a license. The applicant shall also pay annual inspection
fees, based upon the floor area of the food establishment,
as follows:
Floor Area License Inspection Total
(square feet) Fee Fee Fee
Under 1,500 $1.00 $ 29.00 $ 30.00
1,501 to 2,500 1.00 39.00 40.00
2,501 to 5,000 1.00 49.00 50.00
5,001 to 7,500 1.00 69.00 70.00
7,501 to 10,000 1.00 99.00 100.00
10,001 to 15,000 1.00 149.00 150.00
15,001 and over 1.00 199.00 200.00
B. Mobile food vendors and hucksters shall pay an annual
inspection fee of $19 in addition to the annual license
fee of one dollar. [Amended 3-12-1981 by Ord. No. 1521]
C. Pro rata inspection fees. If any applicant first
makes application on or after July 1 of any calendar
year, the annual inspection fee shall be reduced by
50%.
88-11. Hearing on denial of license.
Any person whose application for a license is denied
may request and shall be granted a hearing before the
Department of Public Health, as hereinafter provided.
88-12. Separate license for each establishment.
Whenever any person maintains more than one food establishment,
such person shall be required to apply for and procure
a separate license for each food establishment.
88-13. Expiration of license; renewal; fee.
A license issued under this article shall expire on
the 31st day of December of each year. Licenses shall
be renewable annually in the same manner and upon payment
of the same annual fee as provided in 88-10.
88-14. Contents of license; display.
Licenses herein provided for shall specify the date
of issuance, the name of the licensee and the place
licensed. Such licenses shall be conspicuously displayed
at all times in the place so licensed. Licenses shall
not be transferable.
88-15. Notice of violation; hearing; proceedings; emergencies.
A. Whenever the Department of Public Health or duly
authorized representative thereof determines that there
are reasonable grounds to believe that there has been
a violation of any provisions of this article or of
any regulation adopted pursuant thereto, it shall give
notice of such alleged violation to the person or persons
responsible therefor, as hereinafter provided.
(1) Such notice shall:
(a) Be put in writing.
(b) Include a statement of the reasons why it is being
issued.
(c) Allow a reasonable time for the performance of
any act it requires.
(d) Be served upon the holder of a license issued under
this article, or upon the owner or the owner's agent
or the occupant of any premises, provided that such
notice shall be deemed to have been properly served
when a copy thereof has been served personally or in
accordance with any other method authorized or required
under the laws of this state.
(2) Such notice may:
(a) Contain an outline of remedial action which, if
taken, will effect compliance with the provisions of
this article.
(b) State that unless conditions or practices described
in such notice which violate this article are corrected
within the reasonable time specified in such notice,
the license which has been issued pursuant to this article
may be suspended or revoked.
B. Any person who is affected by any notice which has
been issued in connection with the enforcement of any
provisions of this article or of any regulation adopted
pursuant thereto may request and shall be granted a
hearing on the matter before the Department of Public
Health, provided that such person shall file in the
office of the Department a written petition requesting
such hearing and setting forth a brief statement of
the ground therefor within 10 days after the day the
notice was served. Upon receipt of such petition, the
Department of Public Health shall set a time and place
for such hearing and shall give the petitioner written
notice thereof. At such hearing, the petitioner shall
be given an opportunity to be heard. The hearing shall
be commenced not later than 10 days after the day on
which the petition was filed, provided that upon application
of the petitioner the Department of Public Health may
postpone the date of the hearing for a reasonable time
beyond such ten-day period when in its judgment the
petitioner has submitted a good and sufficient reason
for such postponement.
C. After such hearing, the Department of Public Health
shall sustain, modify or withdraw the notice, depending
upon its finding based on such hearing as to whether
or not the provisions of this article and of the regulations
adopted pursuant thereto have been complied with. If
the Department of Public Health sustains or modifies
such notice, it shall be deemed to be an order. Any
notice shall automatically become an order if a written
petition for a hearing has not been filed in the office
of the Department of Public Health within 10 days after
such notice was served. In the case of any notice which
states that a license required by this article may be
suspended or revoked, the Department of Public Health
may suspend or revoke such license if an order is issued
and corrective action is not taken within the time specified
in the notice.
D. The proceedings at such hearing, including the findings
and decision of the Department of Public Health, shall
be summarized, put into writing and entered as a matter
of public record in the office of the Department. Such
record shall include also a copy of every notice or
order issued in connection with the matter. Any person
aggrieved by the decision of the Department of Public
Health may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
E. Whenever the Department of Public Health finds that
an emergency exists involving a serious health hazard
which requires immediate action to protect the public
health, it may, without notice or hearing, issue a written
order citing the existence of such an emergency and
the conditions violating this article or regulations
adopted pursuant thereto which require corrective action
to remove such health hazard. If such corrective action
is not taken, the Department of Public Health may thereafter
take such action as may be necessary to protect the
public health, including complete shutdown. Notwithstanding
other provisions of this article, such order shall be
effective immediately. Any person to whom such order
is directed shall comply therewith immediately, but
upon petition to the Department of Public Health shall
be afforded a hearing as soon as possible, but in any
case not later than three days after the petition was
filed. After such hearing, depending upon its finding
as to whether or not the provisions of this article
and of the regulations adopted pursuant thereto have
been complied with, the Department of Public Health
shall continue such order in effect, or modify it or
revoke it.
88-16. Right of entry.
The Department of Public Health shall have the power
to enter at reasonable times upon private or public
property for the purpose of inspecting and investigating
conditions relating to the enforcement of the provisions
of this article.
88-17. Regulations.
The Department of Public Health is hereby authorized
and directed to adopt such written regulations as may
be necessary for the implementation and enforcement
of the provisions of this article. The Department shall
file a certified copy of all regulations which it may
adopt with the Township Secretary, and such regulations
shall be made available for inspection by the public
on request. Such regulations shall have the same force
and effect as the provisions of this article, and the
penalty for violation thereof shall be the same as the
penalty for violation of the provisions of this article,
as hereafter provided. The Township of Abington Department
of Public Health regulations governing food establishments
in the township shall be those approved by the Board
of Township Commissioners on the 11 day of December
1958 and/or as may be modified or changed by the Department
of Public Health and further approved by the Board of
Township Commissioners.
88-18. Violations and penalties.
Any person who shall violate any provision of this
article or any regulation adopted thereunder, upon conviction,
shall be punished by a fine of not more than $50, and
each day's failure to comply with any such provision
shall constitute a separate violation.
ARTICLE IV, Eating and Drinking Establishments [Adopted
12-11-1958 by Ord. No. 928]
88-19. Authority of Department of Public Health.
The Department of Public Health of the Township of
Abington, in order to protect the health and safety
of the people of the township, is authorized and directed,
by implementing and enforcing the provisions of this
article, to control the conduct and operation of public
eating and drinking places within the township.
88-20. License required.
From and after January 1, 1959, it shall be unlawful
for any person to conduct or operate a public eating
or drinking place within the Township of Abington without
first obtaining a license therefor.
88-21. Inspection of premises; fee. [Amended 2-13-1975
by Ord. No. 1395]
A. [Amended 3-12-1981 by Ord. No. 1522] No license
shall be issued until inspection of the premises, facilities
and equipment has been made by a duly authorized representative
of the Department of Public Health of the Township of
Abington. The fee for the license shall be $1 and shall
be paid by each applicant at the time of making application
for a license. The applicant shall also pay annual inspection
fees, based upon the number of seats in the eating and
drinking place, as follows:
Number of Seats License Fee Inspection Fee Total Fee
0 to 75 $1.00 $ 49.00 $ 50.00
76 to 150 1.00 69.00 70.00
151 to 300 1.00 99.00 100 00
301 to 500 1.00 159.00 160.00
Over 500 1.00 199.00 200.00
B. Pro rata inspection fees. If any applicant first
makes application on or after July 1 of any calendar
year, the annual inspection fee shall be reduced by
50%.
88-22. Hearing on denial of license.
Any person whose application for a license is denied
may request and shall be granted a hearing before the
Department of Public Health, as hereinafter provided.
88-23. Separate license for each establishment.
Whenever any person maintains more than one public
eating or drinking place, such person shall be required
to apply for and procure a separate license for each
eating or drinking place.
88-24. Expiration of license; renewal; fee.
A license issued under this article shall expire on
the 31st day of December of each year. Licenses shall
be renewable annually in the same manner and upon payment
of the same annual fee as provided in 88-21 hereof.
88-25. Contents of license; display.
Licenses herein provided for shall specify the date
of issuance, the name of the licensee and the place
licensed. Such licenses shall be conspicuously displayed
at all times in the place so licensed. Licenses shall
not be transferable.
88-26. Notice of violation; hearing; proceedings; emergencies.
A. Whenever the Department of Public Health or duly
authorized representative thereof determines that there
are reasonable grounds to believe that there has been
a violation of any provisions of this article or of
any regulation adopted pursuant thereto, it shall give
notice of such alleged violation to the person or persons
responsible therefor, as hereinafter provided.
(1) Such notice shall:
(a) Be put in writing.
(b) Include a statement of the reasons why it is being
issued.
(c) Allow a reasonable time for the performance of
any act it requires.
(d) Be served upon the holder of a license issued under
this article, or upon the owner or the owner's agent
or the occupant of any premises, provided that such
notice shall be deemed to have been properly served
when a copy thereof has been served personally or in
accordance with any other method authorized or required
under the laws of this state.
(2) Such notice may:
(a) Contain an outline of remedial action which, if
taken, will effect compliance with the provisions of
this article.
(b) State that unless conditions or practices described
in such notice which violate this article are corrected
within the reasonable time specified in such notice,
the license which has been issued pursuant to this article
may be suspended or revoked.
B. Any person who is affected by any notice which has
been issued in connection with the enforcement of any
provision of this article or of any regulation adopted
pursuant thereto may request and shall be granted a
hearing on the matter before the Department of Public
Health, provided that such person shall file in the
office of the Department a written petition requesting
such hearing and setting forth a brief statement of
the ground therefor within 10 days after the day the
notice was served. Upon receipt of such petition, the
Department of Public Health shall set a time and place
for such hearing and shall give the petitioner written
notice thereof. At such hearing, the petitioner shall
be given an opportunity to be heard. The hearing shall
be commenced not later than 10 days after the day on
which the petition was filed, provided that upon application
of the petitioner the Department of Public Health may
postpone the date of the hearing for a reasonable time
beyond such ten-day period when in its judgment the
petitioner has submitted a good and sufficient reason
for such postponement.
C. After such hearing, the Department of Public Health
shall sustain, modify or withdraw the notice, depending
upon its finding based on such hearing as to whether
or not the provisions of this article and of the regulations
adopted pursuant thereto have been complied with. If
the Department of Public Health sustains or modifies
such notice, it shall be deemed to be an order. Any
notice shall automatically become an order if a written
petition for a hearing has not been filed in the office
of the Department of Public Health within 10 days after
such notice was served. In the case of any notice which
states that a license required by this article may be
suspended or revoked, the Department of Public Health
may suspend or revoke such license if an order is issued
and corrective action is not taken within the time specified
in the notice.
D. The proceedings at such hearing, including the findings
and decision of the Department of Public Health, shall
be summarized, put into writing and entered as a matter
of public record in the office of the Department. Such
record shall include also a copy of every notice or
order issued in connection with the matter. Any person
aggrieved by the decision of the Department of Public
Health may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
E. Whenever the Department of Public Health finds that
an emergency exists involving a serious health hazard
which requires immediate action to protect the public
health, it may, without notice or hearing, issue a written
order citing the existence of such an emergency and
the conditions violating this article or regulations
adopted pursuant thereto which require corrective action
to remove such health hazard. If such corrective action
is not taken, the Department of Public Health may thereafter
take such action as may be necessary to protect the
public health, including complete shutdown. Notwithstanding
other provisions of this article, such order shall be
effective immediately. Any person to whom such order
is directed shall comply therewith immediately, but
upon petition to the Department of Public Health shall
be afforded a hearing as soon as possible, but in any
case not later than three days after the petition was
filed. After such hearing, depending upon its finding
as to whether or not the provisions of this article
and of the regulations adopted pursuant thereto have
been complied with, the Department of Public Health
shall continue such order in effect, or modify it or
revoke it.
88-27. Right of entry.
The Department of Public Health shall have the power
to enter at reasonable times upon private or public
property for the purpose of inspecting and investigating
conditions relating to the enforcement of the provisions
of this article.
88-28. Regulations.
The Department of Public Health is hereby authorized
and directed to adopt such written regulations as may
be necessary for the implementation and enforcement
of the provisions of this article. The Department shall
file a certified copy of all regulations which it may
adopt with the Township Secretary, and such regulations
shall be made available for inspection by the public
on request. Such regulations shall have the same force
and effect as the provisions of this article, and the
penalty for violation thereof shall be the same as the
penalty for violation of the provisions of this article,
as hereafter provided. The Township of Abington Department
of Public Health regulations governing public eating
and drinking places in the township shall be those approved
by the Board of Township Commissioners on the 11th day
of December 1958 and/or as may be modified or changed
by the Department of Public Health and further approved
by the Board of Township Commissioners.
88-29. Violations and penalties.
Any person who shall violate any provision of this
article or any regulation adopted thereunder, upon conviction,
shall be punished by a fine of not more than $50, and
each day's failure to comply with any such provision
shall constitute a separate violation.
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