THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ADOLPH, DALEY, DeLUCA, M. KELLER, KOTIK, MICOZZIE, MURT AND SABATINA, FEBRUARY 23, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 23, 2009  

AN ACT

Requiring retail merchandise establishments that provide

shopping carts to customers to make sanitation wipes

available; providing for the powers and duties of the

Department of Health; and prescribing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Shopping Cart

Sanitation Wipe Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Merchandise."  Any good, chattel, foodstuff or ware of any

type or description.

"Sanitation wipe."  A disposable towelette that is

premoistened with cleaner, disinfectant or sanitizer and used

for the purpose of disinfecting or sanitizing a nonporous

surface.

"Retail mercantile establishment."  A place of business where

merchandise is displayed, held or stored and sold or offered for

sale to the public.

"Shopping cart."  A push cart of the type that is commonly

provided by a retail mercantile establishment for public use in

the transportation of merchandise within the premises of the

retail mercantile establishment and from the retail mercantile

establishment to a place outside the premises of the retail

mercantile establishment.

Section 3.  Duty to provide sanitation wipes.

A retail merchandise establishment that provides shopping

carts shall make available to the public, at no cost, sanitation

wipes at the entrance to its premises for use by the public.

Section 4.  Standards and guidelines.

The department shall establish standards and guidelines for

the placement of sanitation wipes at retail merchandise

establishments in this Commonwealth.

Section 5.  Notice to take appropriate action.

The department or any local board of health on written

complaint or with reason to suspect that a retail mercantile

establishment is or may be in violation of this act shall, by

written notification, advise the person who owns or has control

of the retail mercantile establishment to take appropriate

action.

Section 6.  Penalty.

A person who receives notice under section 5 and fails or

refuses to comply with the notice shall be ordered by a court of

competent jurisdiction to comply with the provisions of this act

and shall be subject to a civil fine of not less than $100 for

each offense.

Section 7.  Enforcement.

(a)  General rule.--The department or a local board of health

may initiate a civil action in a court of competent jurisdiction

to obtain relief under section 6.

(b)  No private right of action.--Nothing in this act shall

be construed to establish a private right of action against a

person for failure or refusal to comply with the provisions of

this act.

Section 8.  Effective date.

This act shall take effect in 60 days.