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PRINTER'S NO. 743
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
692
Session of
2017
INTRODUCED BY CRUZ, YOUNGBLOOD, KINSEY, J. HARRIS, BOBACK,
MILLARD, D. COSTA, McNEILL, READSHAW AND NEILSON,
MARCH 3, 2017
REFERRED TO COMMITTEE ON HEALTH, MARCH 3, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in trade and commerce, providing for
the unlawful sale of certain foods, over-the-counter drugs
and cosmetics after expiration date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7332. Unlawful sale of certain foods, over-the-counter drugs
and cosmetics after expiration date.
(a) Provisions.--No person, whether acting for himself or
for another, shall directly or indirectly sell or offer for
sale:
(1) An over-the-counter drug, infant formula or baby
food or any other food subject to expiration dating
requirements issued by the United States Food and Drug
Administration after the expiration, "use by" or "best
before" date on its label or packaging has passed.
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(2) A cosmetic or food after the expiration, "use by" or
"best before" date on its label or packaging has passed,
unless such cosmetic or food is offered for sale with
information in clear and plain view of the consumer
indicating that the cosmetic or food has passed its
expiration, "use by" or "best before" date. Such information
must be visible on the packaging or label of the expired
cosmetic or food. Any business that sells or offers for sale
expired cosmetics or food under this subsection must
physically separate all expired cosmetics and food from all
unexpired cosmetics and food. The separated, expired products
must be offered for sale in close proximity to a clearly
visible sign indicating that the cosmetics or food being
offered for sale in that location of the business has passed
the expiration, "use by" or "best before" date.
(b) Penalty.--A person who violates this section commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of not more than $300 for each item sold or offered for
sale after the expiration, "use by" or "best before" date. The
fine shall be calculated based upon the number of days past the
expiration, "use by" or "best before" date that the product is
either found being offered for sale or, if the product is sold,
the date of sale as established by evidence of proof of
purchase, including, but not limited to, a sales receipt.
(c) Enforcement.--The department shall enforce and
administer the provisions of this section.
(d) Administration.--The department shall promulgate rules
and regulations to administer this section and may assess
administrative penalties on a person who violates this section
and when deemed necessary by the secretary, penalties may
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include the revocation of any license, including a business
privilege license or sales license held by a person who operates
a business in violation of this section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Baby food." The processing of canned fresh fruits and
vegetables, meats, eggs, fruit juices, cereal, formulated
entrees, desserts and snacks using fresh, preprocessed or any
combination of these and other food ingredients necessary for
the production of foods for consumption by a child under two
years of age.
"Department." The Department of Agriculture of the
Commonwealth.
"Infant formula." A food which purports to be or is
represented for special dietary use solely as a food for infants
by reason of its simulation of human milk or its suitability as
a complete or partial substitute for human milk.
"Over-the-counter drug." A nonprescription drug regulated by
the United States Food and Drug Administration that is required
to have an expiration date on its packaging pursuant to Federal
law and Federal regulations.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
Section 2. This act shall take effect in 60 days.
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