PRINTER'S NO. 225
No. 216 Session of 1991
INTRODUCED BY DURHAM, D. R. WRIGHT, BARLEY, TRELLO, FREEMAN,
E. Z. TAYLOR, HERSHEY, SAURMAN, MICHLOVIC, COWELL, BUSH,
HARPER, HESS, ULIANA, GEIST, TANGRETTI, JOSEPHS, ROEBUCK,
WILSON, STABACK, BELARDI, JOHNSON, BILLOW, DeLUCA, ADOLPH,
PISTELLA, MELIO, OLASZ, LAUGHLIN AND ITKIN, FEBRUARY 4, 1991
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 4, 1991
AN ACT
1 Providing for the regulation of the production and handling of
2 ice; licensing ice plants; imposing duties on the Department
3 of Environmental Resources; and providing for civil
4 penalties.
5 The General Assembly declares that only ice protected from
6 contamination should be offered for sale, sold and used in this
7 Commonwealth. Contaminated ice is a danger to the health, safety
8 and welfare of the citizens of this Commonwealth but may exist
9 in the absence of legislation designed to ensure that ice
10 offered for sale to and used by Pennsylvanians is protected from
11 contamination while being manufactured, processed, packaged and
12 stored. It is the intent of the General Assembly to hereinafter
13 set forth such legislation.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
17 This act shall be known and may be cited as the Manufactured
1 Ice Law.
2 Section 2. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Contamination." Includes, but is not limited to, exposure
7 to or contact with litter; waste; broken glass or refuse;
8 rodents; insects; micro-organisms; dust or dirt; dripping,
9 seeping or leaking water or condensate; harmful chemicals;
10 paint; grease; or other foreign matter.
11 "Department." The Department of Environmental Resources of
12 the Commonwealth.
13 "Easily cleanable." Readily accessible for removal of dirt,
14 or of such material and finish and so fabricated that residue
15 may be completely removed by normal cleaning methods.
16 "Employee." A person working in an ice plant or ice
17 production area in a commercial establishment who transports ice
18 or ice containers, who comes in contact with ice equipment, or
19 who engages in ice manufacture, processing, packaging, storage
20 or distribution.
21 "Equipment." Grinders, crushers, chippers, ice makers,
22 shavers, scorers, saws, cubers, can fillers, drop tubes,
23 needles, core sucking devices, conveyors and similar items used
24 in ice plants.
25 "Ice." The product, in any form, obtained as a result of
26 freezing water by mechanical or artificial means.
27 "Ice contact surface." A surface, including a water line,
28 that is touched by a product or ingredient during processing.
29 The term includes those surfaces from which water may drain,
30 drip or splash back.
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1 "Ice plant." Any commercial place, premises or establishment
2 where ice is manufactured or processed, packaged and offered for
3 sale for human consumption.
4 "Local agency." A governmental unit other than a unit of the
5 Commonwealth. The term includes, but is not limited to, a
6 county, city, borough, incorporated town, township or municipal
7 authority.
8 "Person." An individual, or a firm, partnership, company,
9 corporation, trustee, association, or other public or private
10 entity.
11 "Processing." Grinding, crushing, flaking, cubing or any
12 other operation which changes the physical characteristics of
13 ice, or packaging ice for human consumption.
14 "Producer." Any person who owns or operates an ice plant.
15 "Product area." Where ice or its ingredients or packaging
16 materials are handled or stored, and any area related to the
17 manufacturing, packaging, handling or storage of ice intended
18 for sale for human consumption.
19 "Secretary." The Secretary of Environmental Resources of the
20 Commonwealth.
21 "Single-service article." An article, including packaging
22 material, which is intended by the manufacturer, and generally
23 recognized by the public, as being for one usage only, and is
24 then to be discarded.
25 "Utensil." A multiuse can, bucket, tub, pail, cover,
26 container, tong, pick, shovel, scoop or similar item used in the
27 manufacture, handling, processing and transport of ice.
28 Section 3. Ice plant and production area.
29 The grounds of an ice plant shall be free from conditions
30 which may result in the contamination of ice. Plant buildings,
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1 structures and product areas for ice manufacture shall be
2 suitable in size, construction and design to facilitate
3 maintenance and sanitary operations. Ice manufacturing,
4 processing, packaging and storage operations shall be conducted
5 in an enclosed building maintained in a sanitary condition. The
6 building shall protect the ice, ingredients, equipment and
7 utensils from contamination. Ice contact surfaces, including
8 storage bins, conveyors, packaging equipment and hand utensils,
9 shall be kept clean and in good repair. Ice contact surfaces
10 shall be cleaned, using acceptable cleansers and cleaning
11 methods, as often as necessary to insure that no contamination
12 of the product occurs.
13 Section 4. Equipment and utensils.
14 Equipment and utensils used in ice plants or ice production
15 areas shall be of easily cleanable construction, shall be kept
16 clean and in good repair, and shall be handled and stored in a
17 sanitary manner. Materials used as ice-contact surfaces shall be
18 smooth, nontoxic, corrosion resistant and nonabsorbent. Single-
19 service articles, including packaging, shall be stored,
20 dispensed and handled in a sanitary manner and shall be used
21 only once.
22 Section 5. Handling and labeling of ice.
23 Ice shall be protected from contamination while being
24 manufactured, processed, packaged and stored. Packaged ice
25 products shall be labeled clearly to show the product name,
26 manufacturer, location of processing plant, recall code and
27 package weight. The label shall bear the manufacturer's license
28 number issued by the department. The producer shall be required
29 to keep records of the source, address, license number and
30 quantity of all ice received for processing.
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1 Section 6. Water supply, treatment and testing.
2 (a) Water quality standards.--Ice intended for human
3 consumption shall meet the bacteriological, chemical and
4 physical standards of State and local laws, ordinances and
5 regulations. In addition, the United States Environmental
6 Protection Agency drinking water standards and regulations of
7 the Federal Food and Drug Administration shall apply. Water used
8 in ice manufacturing plants shall be of safe and sanitary
9 quality and drawn from public water supply systems regulated
10 under the act of May 1, 1984 (P.L.206, No.43), known as the
11 Pennsylvania Safe Drinking Water Act, or private water supply
12 systems which are of a quality that meet all drinking water
13 standards under that act. Both the water used in the
14 manufacturing process and the ice produced shall at all times
15 meet the drinking water standards established under the
16 Pennsylvania Safe Drinking Water Act.
17 (b) Testing.--
18 (1) Bacteriological, chemical and physical tests shall
19 be conducted and recorded to insure that water from a private
20 water supply system used in the manufacture of ice intended
21 for sale for human consumption complies with standards and
22 methods as established by the department.
23 (2) Bacteriological, chemical and physical tests shall
24 be conducted and recorded on the finished ice to insure that
25 ice manufactured for human consumption or for the
26 refrigeration of food products complies with standards and
27 methods as established by the department.
28 (3) Ice plants shall maintain on file, on the premises
29 occupied by the ice plant, copies of all records for a period
30 of time established by the department in regulation.
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1 (4) All testing shall be conducted by a laboratory
2 certified under the Pennsylvania Safe Drinking Water Act.
3 (c) Water supply construction, design and operation.--Water
4 supplies used in ice plants must meet the requirements of a
5 public water system, in accordance with 25 Pa. Code, Ch. 109
6 (relating to safe drinking water).
7 Section 7. Transportation.
8 While being transported or delivered, ice shall be protected
9 from contamination. The ice compartment of vehicles used to
10 transport or deliver ice shall be of cleanable material and
11 construction, and shall be kept clean and in good repair.
12 Section 8. Licensing of ice plants.
13 (a) Deadline.--Within one year of the effective date of this
14 act, ice plants shall be licensed by the department and shall
15 pay the following fees:
16 (1) An initial and annual license application fee of $50
17 per ice plant location, plus $2 per ton of ice manufacturing
18 capacity.
19 (2) These fees may be increased or decreased by the
20 department by regulation based on the costs associated with
21 processing licensing requests.
22 (b) License statement.--The licensee's license statement
23 shall be signed and verified, shall be made on a form furnished
24 by the department, and shall contain the following information:
25 (1) The name under which the business is conducted.
26 (2) The address of the place of business in this
27 Commonwealth being licensed.
28 (3) If a sole proprietorship, the name of the
29 proprietor; if a partnership, the names of all partners; if a
30 corporation, the date and place of incorporation and name and
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1 address of its registered agent in this Commonwealth; and if
2 another type of association, the names of its principals.
3 (4) The names of those individuals in an actual
4 administrative capacity which, in the case of a sole
5 proprietorship, shall be the managing proprietor; in a
6 partnership, the managing partner; in a corporation, the
7 officers and directors; and in another association, those in
8 a managerial capacity.
9 (5) The number and capacity of ice manufacturing or
10 processing machines which manufacture or process ice for
11 sale.
12 (c) Two or more ice plants.--If a person operates more than
13 one ice plant, he shall procure a separate license for each ice
14 plant.
15 (d) Inspections.--
16 (1) The department is authorized to make inspections,
17 conduct tests or sampling, or examine books, papers and
18 records pertinent to any matter under investigation pursuant
19 to this act as it deems necessary to determine compliance
20 with this act. For this purpose, the duly authorized agents
21 and employees of the department are authorized at all
22 reasonable times to enter and examine a property, facility,
23 operation or activity required to be licensed under this act.
24 (2) The department is authorized to require any ice
25 plant to establish and maintain such records and make such
26 reports and furnish such information as the department may
27 prescribe as being reasonably necessary to demonstrate that
28 the plant is complying with the requirements of this act and
29 with the terms and conditions of its license.
30 (3) The department and its agents shall have the right
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1 to enter any premises subject to this act upon presentation
2 of appropriate credentials at any reasonable time in order to
3 determine compliance with this act, and to that end may test,
4 inspect or sample any feature of an ice plant and inspect,
5 copy or photograph any monitoring equipment or other feature
6 of an ice plant or records required to be kept under
7 provisions of this act.
8 (4) Upon being refused entry or access, an agent or
9 employee of the department may apply for a search warrant to
10 a Commonwealth official authorized to issue a search warrant
11 for the purposes of authorizing entry for inspecting or
12 examining a property, building, premises, place, book, record
13 or other physical evidence; conducting tests, or taking
14 samples. The warrant shall be issued upon probable cause. It
15 shall be sufficient probable cause to show any of the
16 following:
17 (i) The inspection, examination, test or sampling is
18 pursuant to a general administrative plan to determine
19 compliance with this act.
20 (ii) The agent or employee has reason to believe
21 that a violation of this act has occurred or may occur.
22 (iii) The agent or employee has been refused access
23 to the property, building, premises, place, book, record
24 or physical evidence, or has been prevented from
25 conducting tests or taking samples.
26 (iv) The object of the investigation is subject to
27 regulation under this act.
28 (e) Issuance of license.--
29 (1) The department shall license an ice plant which
30 meets the requirements of this act and any regulations
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1 promulgated hereunder.
2 (2) It is unlawful for a person to operate an ice plant
3 without first having received a written license from the
4 department. Applications for a license shall be submitted to
5 the department on a form and in a manner prescribed by the
6 department. Each location shall be licensed separately. A
7 license to operate an ice plant shall be valid for a period
8 of 12 months.
9 (3) A license shall be renewed annually as long as the
10 ice plant is in compliance with this act. An application for
11 renewal shall be made no later than 30 days prior to the
12 expiration of the existing license. A license shall not be
13 transferred to a new producer without written approval by the
14 department showing the ice plant is in compliance with this
15 act.
16 (f) Compliance.--Ice producers shall comply with the minimum
17 standards specified in this act.
18 (g) License revocation.--The department may, after providing
19 notice and an opportunity for hearing, refuse to license an ice
20 plant, or may revoke or suspend the license for violations of
21 the requirements in this law or for interference with the
22 department in the performance of its duty under this act.
23 (h) Civil penalties.--If a person violates this act or a
24 rule or order adopted or license issued under this act, the
25 department may assess a civil penalty against that person as
26 follows:
27 (1) The penalty may be in an amount not to exceed
28 $10,000 a day for a person who violates this act or a rule,
29 order or license issued under this act.
30 (2) Each day a violation continues may be considered a
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1 separate violation for purposes of penalty assessment.
2 (3) In determining the amount of the penalty, the
3 department shall consider:
4 (i) The seriousness of the violation, including, but
5 not limited to, the nature, circumstances, extent and
6 gravity of the prohibited acts and the hazard or
7 potential hazard created to the health or safety of the
8 public.
9 (ii) The history of previous violations.
10 (iii) The amount necessary to deter future
11 violations.
12 (iv) Efforts to correct the violations.
13 (v) Any other matters that justice may require to be
14 considered.
15 Section 9. Out-of-State producers.
16 An out-of-State ice producer shall submit adequate proof of
17 approval of an ice plant by the out-of-State agency having
18 jurisdiction over ice plants, pursuant to standards
19 substantially the same as those contained in this act or must
20 receive a license to operate an ice plant from the department
21 before ice manufactured or processed by the out-of-State ice
22 plant may be offered for sale or use in this Commonwealth.
23 Section 10. Use of fees and penalties.
24 All fees and penalties collected under this act shall be
25 deposited in a restricted receipts account known as the
26 Manufactured Ice Law Enforcement Account, which is hereby
27 created. Moneys deposited in the account shall be appropriated
28 annually by the General Assembly solely for use in the
29 enforcement of the provisions of this act. Funds appropriated
30 but not spent in a fiscal year shall not lapse but shall be
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1 returned to the fund to be available for appropriation in
2 subsequent years.
3 Section 11. Recalls.
4 The department may order a recall of ice, prohibit the sale
5 of ice, or undertake any other action necessary to protect the
6 public health and carry out the provisions of this act.
7 Section 12. Delegation.
8 The department is authorized to enter into agreements,
9 contracts or cooperative arrangements under such terms and
10 conditions as may be deemed appropriate with other Federal
11 agencies, State agencies, local agencies, including agreements
12 with local health departments, or agencies in other states to
13 delegate one or more of its regulatory functions to issue
14 licenses, inspect, monitor and enforce this act. The department
15 shall monitor and supervise activities conducted pursuant to
16 such an agreement for consistency with this act and the rules
17 and regulations of the department.
18 Section 13. Small ice producers.
19 In any place regulated under the act of May 23, 1945
20 (P.L.926, No.369), referred to as the Public Eating and Drinking
21 Place Law, where ice is manufactured on site by an ice machine
22 and served to the public, the department shall make certain that
23 the ice machine and water supply are free from conditions which
24 may result in the contamination of the ice and shall not require
25 a separate permit under this act for that purpose.
26 Section 14. Rules and regulations.
27 The Environmental Quality Board may, in the manner provided
28 by law, promulgate the rules and regulations necessary to carry
29 out this act.
30 Section 15. Effective date.
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1 This act shall take effect in 90 days.
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