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Upper Darby, PA Public Health Rules: Food Handler Certification (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing statute
3 Pa.C.S.A. §§ 6501-6510 (state act)
Enforcing agency
Township Department of Public Health
License term
One calendar year, non-transferable
Max fine
$1,000 plus up to 90 days jail

Summary

Upper Darby doesn't run its own food handler test: Section 328-9 simply adopts Pennsylvania's Food Employee Certification Act, 3 Pa.C.S.A. §§ 6501-6510, as the certification standard for every licensed food establishment, and puts the Township's Department of Public Health in charge of enforcing it.

§ 328-9. Food employee certification.

A. The provisions of 3 Pa.C.S.A. §§ 6501 through 6510, also known as the "Food Employee Certification Act," shall govern the food protection provisions in this article.

B. The licensor shall enforce the provisions therein.

Full Breakdown

§§ 6501 through 6510, also known as the 'Food Employee Certification Act,' shall govern the food protection provisions in this article," and directing the Department of Public Health to enforce them rather than writing a separate local certification exam or fee. That means the certification requirement, training hours, and which employees must hold a certified food protection manager credential come from the state act, not a Township-specific rule. Licenses themselves run for one calendar year, must be displayed at the establishment, and are not transferable (Section 328-4D); the Department conducts periodic inspections (Section 328-7A) and can suspend a license immediately if an inspector is denied entry. Employees suspected of communicable disease can be excluded from food handling under Section 328-8, and the Department may order additional medical screening.

Violations & Fines

Violating any rule adopted under Chapter 328, including the certification requirement, is enforced by summary conviction before a Magisterial District Judge: a fine of up to $1,000 plus prosecution costs and the Township's attorneys' fees, with up to 90 days in the County Jail if the fine goes unpaid (Section 328-12B). Each day a violation continues after official notice is a separate offense.

Frequently Asked Questions

Does Upper Darby run its own food handler certification program?
No. Section 328-9 adopts Pennsylvania's Food Employee Certification Act, 3 Pa.C.S.A. §§ 6501-6510, wholesale and directs the Department of Public Health to enforce it. There is no separate Township exam, class or certificate; the state act's requirements control.
Who enforces food employee certification in Upper Darby?
The Upper Darby Township Department of Public Health, named the "licensor" under Section 328-3, enforces both the state certification act adopted in Section 328-9 and the Township's own food establishment licensing rules in Chapter 328.
What happens if a food establishment isn't in compliance?
Under Section 328-12B, violations are summary offenses punishable by a fine of up to $1,000 plus prosecution costs and the Township's attorneys' fees, and up to 90 days in the County Jail if the fine goes unpaid. Each day a violation continues after notice counts as a separate offense.

Sources & Official References

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