PRIOR PRINTER'S NOS. 787, 1368
PRINTER'S NO. 1407
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
735
Session of
2015
INTRODUCED BY VOGEL, WILEY, MENSCH, ALLOWAY, FOLMER, WHITE,
BROOKS AND STEFANO, APRIL 21, 2015
AS AMENDED ON SECOND CONSIDERATION, NOVEMBER 16, 2015
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, further providing for
definitions and for license required.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "licensor" in section 5702 of
Title 3 of the Pennsylvania Consolidated Statutes is amended and
the section is amended by adding definitions to read:
§ 5702. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Licensor." Any of the following:
(1) The county department of health or joint-county
department of health whenever a retail food facility is
located in a political subdivision under the jurisdiction of
a county department of health or joint-county department of
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health.
(2) The health authorities of cities, boroughs,
incorporated towns and first class townships whenever a
retail food facility is located in a city, borough,
incorporated town or first class township not under the
jurisdiction of a county department of health or joint-county
department of health.
(3) The health authorities of second class townships and
second class townships which have adopted a home rule charter
which elect to issue licenses under this subchapter whenever
a retail food facility is located in a second class township
or second class township which has adopted a home rule
charter not under the jurisdiction of a county department of
health or joint-county department of health.
(4) The Department of Agriculture whenever a retail food
facility is located in any other area of this Commonwealth.
(5) Notwithstanding paragraphs (1), (2), (3) and (4),
and excluding any operations of the mobile retail food
facility in a city of the first class, where the retail food
facility is a mobile retail food facility that has a
Pennsylvania operating base location, that Pennsylvania
operating base location shall be the location of the mobile
retail food facility for purposes of licensure under
paragraphs (1), (2), (3) and (4).
"Mobile retail food facility." A movable retail food
facility, such as a stand, vehicle, cart, basket, box or similar
structure, from which food is stored, prepared, processed,
distributed or sold and the facility:
(1) physically locates at one site or location for no
more than 14 consecutive days, in one calendar year,
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regardless of whether or not the facility operates
continuously during that time period; and
(2) is not issued as a temporary retail food facility
license under section 5703(g)(2) (relating to license
required).
* * *
"Pennsylvania operating base location."
(1) A single location within this Commonwealth where a
mobile retail food facility or transportation vehicle returns
regularly for the purpose of vehicle, trailer or equipment
storage, discharging liquid or solid wastes, refilling water
tanks and ice bins and boarding food.
(2) If a location described under paragraph (1) does not
exist within this Commonwealth, the location from which the
mobile retail food facility most frequently does business
within this Commonwealth.
* * *
Section 2. Section 5703(b), (c) and (j) of Title 3 are
amended and the section is amended by adding a subsection to
read:
§ 5703. License required.
* * *
(b) Exempt retail food facilities.--
(1) A licensor may exempt the following retail food
facilities from the license requirements of this section:
(i) A food bank owned by a charitable nonprofit
entity and operated for charitable or religious purposes.
(ii) A soup kitchen owned by a charitable nonprofit
entity and operated for charitable or religious purposes.
(iii) A retail food facility that operates on no
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more than three days each calendar year.
(iv) A school cafeteria.
(v) A retail food facility that is owned by a
charitable nonprofit entity and that is one or more of
the following:
(A) Managed by an organization which is
established to promote and encourage participation or
support for extracurricular recreational activities
for youth of primary and secondary public, private
and parochial school systems on a not-for-profit
basis. This subparagraph does not apply to organized
camps.
(B) Offers only foods that are nonpotentially
hazardous foods or beverages.
(vi) A retail food facility in which food or
beverages are sold only through a vending machine.
(vii) A retail food facility which is owned by a
church, association of churches or other religious order,
body or institution which:
(A) Qualifies for exemption from taxation under
section 501(c)(3) or (d) of the Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 501).
(B) Is not subject to unrelated business income
taxation under sections 511, 512 or 513 of the
Internal Revenue Code of 1986 for activities
undertaken under this chapter.
If the licensor is the department, the exemption shall be
accomplished by order of the secretary and published in the
Pennsylvania Bulletin. If the licensor is an entity other
than the department, the exemption shall be accomplished by
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order of the local government unit or units having
jurisdiction over the licensor. A retail food facility that
is exempted from the license requirements under this section
shall remain subject to inspection and all other provisions
of this subchapter, including the penalties for violation of
this act authorized in section 5714 (relating to penalties).
(2) A licensor shall exempt the following retail food
facilities from the license requirements of this section:
(i) A retail food facility in which only
prepackaged, nonpotentially hazardous food or beverages
are sold.
(ii) A retail food facility that sells only raw
agricultural commodities.
(iii) A retail food facility that is in compliance
with the act of July 20, 1974 (P.L.537, No.184), referred
to as the Honey Sale and Labeling Act, sells only
products regulated by that act and in which 100% of the
regulated products offered for human consumption are
produced or processed on the farm on which the retail
food facility is located.
A retail food facility that is exempted from the license
requirements under this section shall remain subject to
inspection and all other provisions of this subchapter,
including the penalties for violation of this act authorized
in section 5714.
(c) Issuance of license.--A retail food facility license
shall be issued by the licensor having jurisdiction. A license
shall specify the date of expiration, the period for which the
license is valid, the name of the licensee and the place
licensed. Licenses shall be conspicuously displayed at all times
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in the place thereby licensed[.] or, with regard to a mobile
retail food facility, at any location where the mobile retail
food facility is in operation. Licenses shall not be
transferable.
* * *
(j) Fees.--[The] Except as provided for in subsection (j.1),
the fees that may be charged under this subchapter are as
established by the licensor, if the licensor is an entity other
than the department, and shall be paid into the city, borough,
incorporated town, township or county treasury. If the licensor
is the department, the fees shall be paid to the State Treasury
through the department and are as follows:
(1) For licensure of a retail food facility that has not
been previously licensed and that is owner operated and that
has a seating capacity of less than 50: $103.
(2) For licensure of a retail food facility that has not
been previously licensed and that is not described in
paragraph (1): $241.
(3) For a renewal of a license or for issuing a license
to reflect a change of ownership: $82.
(4) For a duplicate license, for each retail food
facility location: $14.
(5) For a temporary license under subsection (g)(2):
$14.
(6) For conducting a follow-up inspection to review
whether changes have been made to correct violations which
resulted in noncompliant status determined by a prior
inspection:
(i) For the second follow-up inspection during the
licensure period: $150.
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(ii) For a third or subsequent follow-up inspection
during the licensure period: $300.
(7) For conducting an inspection that is not otherwise
required by the department but that is conducted at the
behest of the proprietor of the retail food facility: $150.
(8) For any license described in paragraph (1), (2),
(3), (4) or (5) that is issued for a period of greater than
one year by regulation of the department in accordance with
subsection (g), the license fee otherwise prescribed under
those paragraphs shall be prorated for the license period.
(j.1) Fee exception. --An entity , except for the health
authority for a city of the first class, shall not charge a fee
for conducting an inspection of a mobile retail food facility
that has a Pennsylvania operating base location unless the
inspecting entity is also the licensor with respect to retail
food facilities at that Pennsylvania operating base location.
* * *
Section 3. This act shall take effect in 60 days.
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