City of Greensburg, Pa., Code § 127-9(I)(2) (current through Dec. 12, 2017)
Brief Summary
This provision exempts various entities--including food banks and soup kitchens owned by charitable nonprofits, and charitable nonprofits managed by an organization that supports extracurricular activities for school-aged youth--from retail food facility licensing requirements. It also allows licensed food facilities that are nonprofits and legally non-licensed facilities to accept home-made foods that are not “potentially hazardous” to serve at their meals/events, provided that they inform consumers that the food has been prepared in a private home that is not licensed or inspected. It also requires individual farmers market stands to obtain and pay for a license, unless they are selling only "raw agricultural commodities" as defined in the Pennsylvania Food Code.
Legal Strategies
Creates an exemption.
Food System Category: Distribute, Make
State: Pennsylvania
Jurisdiction Type: City
Jurisdiction Name: Greensburg
Does the law refer to priority populations in some way?
Yes. See references to "food banks," "soup kitchens," "school-aged youth" and "charitable nonprofits." § 127-9(I)(2).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See reference to "health, safety and welfare of citizens" (§ 127-3).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "For the purpose of protecting the health, safety and welfare of citizens utilizing retail food facilities in the City of Greensburg, the City of Greensburg does hereby set forth license requirements, inspection schedule and standards, food employee certification requirements, associated fees and exemptions from the same for said establishments in the City of Greensburg in compliance with [state law]." § 127-3.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 127-2.
Does the law address implementation in some way?
Unclear. The chapter provides guidance about licensing process and requirements for various types of licenses. Because the specific provision is an exemption from licensing requirements, these are not really applicable.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. A penalty may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct." § 127-12.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
Section 127-9 is located in Part II (General Legislation), Chapter 127 (Retail Food Facilities, Licensure, Inspection and Regulation of). History: adopted by the City Council of the City of Greensburg: Art. I, 4-14-1980 by Ord. No. 1093; Art. II, 7-10-1989 by Ord. No. 1417; amended in its entirety 8-8-2016 by Ord. No. 2067.