PRINTER'S NO. 1141
No. 1025 Session of 1995
INTRODUCED BY WAUGH, SATHER, MASLAND, KENNEY, MILLER, GEIST,
SCHULER, FAIRCHILD, MERRY, ZUG, HUTCHINSON, FLICK, WOZNIAK,
ARGALL, ARMSTRONG, PLATTS, CIVERA, SAYLOR, NICKOL, FARGO,
HORSEY AND MAITLAND, MARCH 6, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 6, 1995
AN ACT
1 Amending the act of May 23, 1945 (P.L.926, No.369), entitled, as
2 amended, "An act for the protection of the public health by
3 regulating the conduct and operation of public eating and
4 drinking places within this Commonwealth; requiring their
5 licensing; imposing certain duties on the Department of
6 Environmental Resources of this Commonwealth and on the local
7 health authorities; and providing penalties," adding a
8 definition; and providing for the issuance of a personal
9 license.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1 of the act of May 23, 1945 (P.L.926,
13 No.369), referred to as the Public Eating and Drinking Place
14 Law, is amended by adding a definition to read:
15 Section 1. Definitions.--* * *
16 The word "nonhazardous food" shall mean any food or drink, or
17 food or drink ingredient, which is at low risk for food-borne
18 disease occurrence, including the following:
19 (1) Ice from a licensor-approved source.
20 (2) Food or drink which laboratory evidence demonstrates
1 will not promote the growth of coliform organisms, and is not
2 capable of supporting the rapid and progressive growth of any
3 micro-organism which is pathogenic to man or capable of
4 producing pathogenic toxins.
5 (3) Food or drink in unopened hermetically sealed containers
6 which has been commercially processed to achieve and maintain
7 commercial sterility under conditions of nonrefrigerated
8 storage.
9 Section 2. The act is amended by adding a section to read:
10 Section 5.1. The department shall provide for the issuance
11 of a seasonal license upon application by any qualified public
12 eating or drinking place which handles or sells only
13 nonhazardous food during a period of four months or less per
14 year, operating from a fixed location or a mobile unit. The
15 proprietor shall ensure any fixed location has adequate and
16 convenient toilet and hand-washing facilities for employes
17 onsite or at a nearby location, and if necessary shall provide
18 for a waste receiving tank of adequate capacity, unless the
19 public eating or drinking place is connecting to a proper waste
20 disposal facility. Food should be properly protected and stored,
21 and the premises should be kept clean and free of litter. The
22 fee for a seasonal license shall be no more than one-half the
23 fee for an annual license.
24 Section 3. This act shall apply on or after May 1, 1995.
25 Section 4. This act shall take effect in 60 days.
B16L35PJP/19950H1025B1141 - 2 -