PRIOR PRINTER'S NO. 1742 PRINTER'S NO. 2415
No. 1551 Session of 1993
INTRODUCED BY DURHAM, DeWEESE, TRELLO, J. TAYLOR, MICOZZIE,
SAURMAN, HERSHEY, E. Z. TAYLOR, MUNDY, LAUGHLIN, ADOLPH AND
GEIST, MAY 5, 1993
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 1993
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
18 Ice Law.
1 Section 2. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Contamination." Includes, but is not limited to, exposure
6 to or contact with litter; waste; broken glass or refuse;
7 rodents; insects; micro-organisms; dust or dirt; dripping,
8 seeping or leaking water or condensate; harmful chemicals;
9 paint; grease; or other foreign matter.
10 "Department." The Department of Environmental Resources of
11 the Commonwealth.
12 "Easily cleanable." Readily accessible for removal of dirt,
13 or of such material and finish and so fabricated that residue
14 may be completely removed by normal cleaning methods.
15 "Employee." A person working in an ice plant or ice
16 production area in a commercial establishment who transports ice
17 or ice containers, who comes in contact with ice equipment, or
18 who engages in ice manufacture, processing, packaging, storage
19 or distribution.
20 "Equipment." Grinders, crushers, chippers, ice makers,
21 shavers, scorers, saws, cubers, can fillers, drop tubes,
22 needles, core sucking devices, conveyors and similar items used
23 in ice plants.
24 "Ice." The product, in any form, obtained as a result of
25 freezing water by mechanical or artificial means.
26 "Ice contact surface." A surface, including a water line,
27 that is touched by a product or ingredient during processing.
28 The term includes those surfaces from which water may drain,
29 drip or splash back.
30 "Ice plant." Any commercial place, premises or establishment
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1 where ice is manufactured, processed or packaged and offered for
2 sale for human consumption.
3 "Local agency." A governmental unit other than a unit of the
4 Commonwealth. The term includes, but is not limited to, a
5 county, city, borough, incorporated town, township or municipal
6 authority.
7 "Person." An individual, or a firm, partnership, company,
8 corporation, trustee, association, or other public or private
9 entity.
10 "Processing." Grinding, crushing, flaking, cubing or any
11 other operation which changes the physical characteristics of
12 ice, or packaging ice for human consumption.
13 "Producer." Any person who owns or operates an ice plant.
14 "Product area." Where ice or its ingredients or packaging
15 materials are handled or stored, and any area related to the
16 manufacturing, packaging, handling or storage of ice intended
17 for sale for human consumption.
18 "Secretary." The Secretary of Environmental Resources of the
19 Commonwealth.
20 "Single-service article." An article, including packaging
21 material, which is intended by the manufacturer, and generally
22 recognized by the public, as being for one usage only, and is
23 then to be discarded.
24 "Utensil." A multiuse can, bucket, tub, pail, cover,
25 container, tong, pick, shovel, scoop or similar item used in the
26 manufacture, handling, processing and transport of ice.
27 Section 3. Ice plant and production area.
28 The grounds of an ice plant shall be free from conditions
29 which may result in the contamination of ice. Plant buildings,
30 structures and product areas for ice manufacture shall be
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1 suitable in size, construction and design to facilitate
2 maintenance and sanitary operations. Ice manufacturing,
3 processing, packaging and storage operations shall be conducted
4 in an enclosed building maintained in a sanitary condition. The
5 building shall protect the ice, ingredients, equipment and
6 utensils from contamination. Ice contact surfaces, including
7 storage bins, conveyors, packaging equipment and hand utensils,
8 shall be kept clean and in good repair. Ice contact surfaces
9 shall be cleaned, using acceptable cleansers and cleaning
10 methods, as often as necessary to insure that no contamination
11 of the product occurs.
12 Section 4. Equipment and utensils.
13 Equipment and utensils used in ice plants or ice production
14 areas shall be of easily cleanable construction, shall be kept
15 clean and in good repair, and shall be handled and stored in a
16 sanitary manner. Materials used as ice-contact surfaces shall be
17 smooth, nontoxic, corrosion resistant and nonabsorbent. Single-
18 service articles, including packaging, shall be stored,
19 dispensed and handled in a sanitary manner and shall be used
20 only once.
21 Section 5. Handling and labeling of ice.
22 (a) Freedom from contamination.--Ice shall be protected from
23 contamination while being manufactured, processed, packaged and
24 stored.
25 (b) Labeling requirements.--Packaged ice products shall be
26 labeled clearly to show the product name, manufacturer, location
27 of processing plant, recall code and package weight. The label
28 shall bear the manufacturer's license number issued by the
29 department.
30 (c) Records of product origination.--The producer shall be
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1 required to keep records of the source, address, license number
2 and quantity of all ice received for processing.
3 (d) Recall.--In lieu of a recall code, an ice plant shall
4 develop a recall procedure both for portions of the marketed
5 product and for complete withdrawal of the plant's entire
6 product on the market. Recall procedures shall be approved by
7 the department.
8 Section 6. Water supply, treatment and testing.
9 (a) Water quality standards.--Ice intended for human
10 consumption shall meet the bacteriological, chemical and
11 physical standards of State and local laws, ordinances and
12 regulations. In addition, the United States Environmental
13 Protection Agency drinking water standards and regulations of
14 the Federal Food and Drug Administration shall apply. Water used
15 in ice manufacturing plants shall be of safe and sanitary
16 quality and drawn from public water supply systems regulated
17 under the act of May 1, 1984 (P.L.206, No.43), known as the
18 Pennsylvania Safe Drinking Water Act, or private water supply
19 systems which are of a quality that meet all drinking water
20 standards under that act. Both the water used in the
21 manufacturing process and the ice produced shall at all times
22 meet the drinking water standards established under the
23 Pennsylvania Safe Drinking Water Act.
24 (b) Testing.--
25 (1) A person who manufactures ice shall be required to
26 conduct and record bacteriological, chemical and physical
27 testing to insure that water from a private water supply
28 system used in the manufacture of ice intended for sale for
29 human consumption complies with standards and methods as
30 established by the department.
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1 (2) A person who manufactures ice shall be required to
2 conduct and record bacteriological, chemical and physical
3 testing to insure that ice manufactured for human consumption
4 or for the refrigeration of food products complies with
5 standards and methods as established by the department.
6 (3) Ice plants shall maintain on file, on the premises
7 occupied by the ice plant, copies of all records for a period
8 of time established by the department in regulation.
9 (4) All testing shall be conducted by a laboratory
10 certified under the Pennsylvania Safe Drinking Water Act and
11 in accordance with 25 Pa. Code Ch. 109 (relating to safe
12 drinking water).
13 (c) Water supply construction, design and operation.--Water
14 supplies used in ice plants must meet the requirements of a
15 public water system, in accordance with 25 Pa. Code, Ch. 109.
16 Section 7. Transportation.
17 While being transported or delivered, ice shall be protected
18 from contamination. The ice compartment of vehicles used to
19 transport or deliver ice shall be of cleanable material and
20 construction, and shall be kept clean and in good repair.
21 Section 8. Registration and licensing of ice plants.
22 (a) Registration deadline.--Ice plants in this Commonwealth
23 shall be annually registered and licensed on or before September
24 1 with the department and shall pay the following fees:
25 (1) A registration fee of $50 per manufacturing
26 location.
27 (2) A license fee of $2 per ton of capacity.
28 (b) Registration statement.--The producer's registration
29 statement shall be signed and verified, shall be made on a
30 registration form furnished by the department, and shall contain
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1 the following information:
2 (1) The name under which the business is conducted.
3 (2) The address of the place of business in this
4 Commonwealth being registered.
5 (3) If a sole proprietorship, the name of the
6 proprietor; if a partnership, the names of all partners; if a
7 corporation, the date and place of incorporation and name and
8 address of its registered agent in this Commonwealth; and if
9 another type of association, the names of its principals.
10 (4) The names of those individuals in an actual
11 administrative capacity which, in the case of a sole
12 proprietorship, shall be the managing proprietor; in a
13 partnership, the managing partner; in a corporation, the
14 officers and directors; and in another association, those in
15 a managerial capacity.
16 (5) The number and capacity of ice manufacturing or
17 processing machines which manufacture or process ice for
18 sale.
19 (c) Two or more ice plants.--If a person operates more than
20 one ice plant, he shall register each establishment separately
21 by listing the name and address of each establishment on the
22 registration statement.
23 (d) Inspections.--
24 (1) The department is authorized to make inspections or
25 to require an ice plant to make self inspections, conduct
26 tests and take samples as is deemed necessary, in accordance
27 with regulations the department establishes.
28 (2) The department is authorized to require any ice
29 plant to establish and maintain records, make reports and
30 furnish information the department prescribes as being
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1 reasonably necessary to demonstrate that the plant is
2 complying with the requirements of this act and with the
3 terms and conditions of its license.
4 (3) The department and its agents shall have the right
5 to enter any premises subject to this act upon presentation
6 of appropriate credentials at any reasonable time in order to
7 determine compliance with this act, and to that end may test,
8 inspect or sample any feature of an ice plant and inspect,
9 copy or photograph any monitoring equipment or other feature
10 of an ice plant or records required to be kept under
11 provisions of this act.
12 (4) Upon being refused entry or access, an agent or
13 employee of the department may apply for a search warrant to
14 a Commonwealth official authorized to issue a search warrant
15 for the purposes of authorizing entry for inspecting or
16 examining a property, building, premises, place, book, record
17 or other physical evidence; conducting tests, or taking
18 samples. The warrant shall be issued upon probable cause. It
19 shall be sufficient probable cause to show any of the
20 following:
21 (i) The inspection, examination, test or sampling is
22 pursuant to a general administrative plan to determine
23 compliance with this act.
24 (ii) The agent or employee has reason to believe
25 that a violation of this act has occurred or may occur.
26 (iii) The agent or employee has been refused access
27 to the property, building, premises, place, book, record
28 or physical evidence, or has been prevented from
29 conducting tests or taking samples.
30 (iv) The object of the investigation is subject to
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1 regulation under this act.
2 (e) Issuance of license.--
3 (1) The department shall license an ice plant which
4 meets the requirements of this act and any regulations
5 promulgated hereunder.
6 (2) It is unlawful for a person to operate an ice plant
7 without first having received a written license from the
8 department. Applications for a license shall be submitted to
9 the department on a form and in a manner prescribed by the
10 department. Each location shall be licensed separately. A
11 license to operate an ice plant shall be valid for a period
12 of 12 months.
13 (3) A license shall be renewed annually as long as the
14 ice plant is in compliance with this act. An application for
15 renewal shall be made no later than 30 days prior to the
16 expiration of the existing license. A license shall not be
17 transferred to a new producer without written approval by the
18 department showing the ice plant is in compliance with this
19 act.
20 (f) Compliance.--Ice producers shall comply with the minimum
21 standards specified in this act.
22 (g) License revocation.--The department may, after providing
23 notice and an opportunity for hearing, refuse to license an ice
24 plant, or may revoke or suspend the license for violations of
25 the requirements in this law or for interference with the
26 department in the performance of its duty under this act.
27 (h) Civil penalties.--If a person violates this act or a
28 rule or order adopted or license issued under this act, the
29 department may assess a civil penalty against that person as
30 follows:
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1 (1) The penalty may be in an amount not to exceed
2 $10,000 per day for a person who violates this act or a rule,
3 order or license issued under this act.
4 (2) Each day a violation continues may be considered a
5 separate violation for purposes of penalty assessment.
6 (3) In determining the amount of the penalty, the
7 department shall consider:
8 (i) The seriousness of the violation, including, but
9 not limited to, the nature, circumstances, extent and
10 gravity of the prohibited acts and the hazard or
11 potential hazard created to the health or safety of the
12 public.
13 (ii) The history of previous violations.
14 (iii) The amount necessary to deter future
15 violations.
16 (iv) Efforts to correct the violations.
17 (v) Any other matters that justice may require to be
18 considered.
19 Section 9. Out-of-State producers.
20 An out-of-State ice producer shall submit adequate proof of
21 approval of an ice plant by the out-of-State agency having
22 jurisdiction over ice plants, pursuant to standards
23 substantially the same as those contained in this act or must
24 receive a license to operate an ice plant from the department
25 before ice manufactured or processed by the out-of-State ice
26 plant may be offered for sale or use in this Commonwealth.
27 Section 10. Use of fees and penalties.
28 All fines; assessments; civil penalties; and permit, license
29 and registration fees collected under this act shall be paid
30 into the State Treasury and placed in a restricted account to be
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1 known as the Environmental Health Fund, hereby established. The
2 fund shall be administered by the department to pay
3 administrative expenses necessary to carry out this and other
4 acts related to environmental health administered by the
5 department. All moneys paid into the fund are hereby allocated
6 to the department to carry out the purposes of this act and
7 other acts related to environmental health.
8 Section 11. Recalls and public notification.
9 (a) Power of department to recall.--The department may order
10 a recall of ice, prohibit the sale of ice, or undertake any
11 other action necessary to protect the public health and carry
12 out the provisions of this act.
13 (b) Duty of licensee.--The licensee of an ice plant shall,
14 as soon as practicable, give public notification whenever the
15 ice manufactured is not in compliance with this act or the
16 regulations adopted thereunder.
17 (1) Newspaper notice shall be given by the licensee by
18 publication in a newspaper of general circulation as long as
19 the violation continues.
20 (2) The department may prescribe alternative notice
21 requirements for violation of other regulations adopted under
22 this act.
23 Section 12. Delegation.
24 The department is authorized to enter into agreements,
25 contracts or cooperative arrangements under such terms and
26 conditions as may be deemed appropriate with other Federal
27 agencies, State agencies, local agencies, including agreements
28 with local health departments, or agencies in other states to
29 delegate one or more of its regulatory functions to issue
30 licenses, inspect, monitor and enforce this act. The department
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1 shall monitor and supervise activities conducted pursuant to
2 such an agreement for consistency with this act and the rules
3 and regulations of the department.
4 Section 13. Small ice producers EXEMPTIONS. <--
5 (A) ONSITE USE.--In any place regulated under the act of May <--
6 23, 1945 (P.L.926, No.369), referred to as the Public Eating and
7 Drinking Place Law, where ice is manufactured on site by an ice
8 machine and served to the public, the department shall not
9 require separate licensing under this act for that purpose. Ice
10 which is not manufactured for use within the place, however,
11 shall meet the requirements of this act.
12 (B) SNOW CONE MACHINES.--THE DEPARTMENT SHALL NOT REQUIRE <--
13 SNOW CONE RETAILERS TO BE LICENSED.
14 Section 14. Rules and regulations.
15 The Environmental Quality Board may, in the manner provided
16 by law, promulgate the rules and regulations necessary to carry
17 out this act.
18 Section 15. Effective date.
19 This act shall take effect in one year.
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