PRIOR PRINTER'S NO. 2349
PRINTER'S NO. 2727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1869
Session of
2023
INTRODUCED BY VENKAT, HOHENSTEIN, MIHALEK, HANBIDGE, MADDEN,
KHAN, ADAMS, SANCHEZ, NEILSON, DALEY, PISCIOTTANO,
SHUSTERMAN, HOWARD, HADDOCK, KAZEEM, GREEN, CIRESI, CERRATO,
OTTEN, PASHINSKI, TAKAC, BOROWSKI AND MARCELL,
NOVEMBER 30, 2023
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 18, 2024
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, FURTHER PROVIDING FOR
DEFINITIONS, providing for food allergy awareness program AND
FURTHER PROVIDING FOR POWERS OF DEPARTMENT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5705 of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5705. [(Reserved).] Food allergy awareness program.
(a) Establishment.--The Department of Health shall establish
a food allergy awareness program. The food allergy awareness
program shall requ ire a p ublic eating or drinking place to
comply with all of the following:
(1) Prominently display a poster developed by the
Department of Health under subsection (b) in the staff area
that provides information on food allergy awareness.
(2) Include on a food menu a notice to a customer of the
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customer's obligation to inform a server about the customer's
food allergy.
(b) Language.--The Department of Health, in consultation
with the Food Allergy and Anaphylaxis Network, shall develop the
poster required under subsection (a)(1) and approve the
information on the poster.
SECTION 1. THE DEFINITION OF "POTENTIALLY HAZARDOUS FOOD" IN
SECTION 5702 OF TITLE 3 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED 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:
* * *
"POTENTIALLY HAZARDOUS FOOD." THE TERM SHALL HAVE THE SAME
MEANING AS [DEFINED IN THE 2009] TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD IS DEFINED IN THE 2022 EDITION OF THE FOOD CODE
PUBLISHED BY THE [DEPARTMENT OF HEALTH AND HUMAN SERVICES,]
UNITED STATES FOOD AND DRUG ADMINISTRATION, OR ANY SUCCESSOR
DOCUMENT APPROVED BY [REGULATION OF] THE DEPARTMENT UNDER
SECTION 5707(E) (RELATING TO POWERS OF DEPARTMENT).
* * *
SECTION 2. SECTION 5705 OF TITLE 3 IS AMENDED TO READ:
§ 5705. [(RESERVED).] FOOD ALLERGY AWARENESS.
(A) REQUIREMENTS.--EACH PROPRIETOR OF A RETAIL FOOD FACILITY
SHALL COMPLY WITH ALL OF THE FOLLOWING:
(1) PROMINENTLY DISPLAY A POSTER ACCEPTABLE TO THE
DEPARTMENT AND IN ACCORDANCE WITH SUBSECTION (B) IN THE
EMPLOYEE AREA THAT PROVIDES INFORMATION FOR EMPLOYEES ON FOOD
ALLERGY AWARENESS.
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(2) INCLUDE ON A FOOD MENU OR THROUGH OTHER WRITTEN
INFORMATION A NOTICE TO A CUSTOMER OF FOOD ALLERGENS USED IN
THE RETAIL FOOD FACILITY AND A REQUEST FOR THE CUSTOMER TO
INFORM THE EMPLOYEE SERVING THE CUSTOMER ABOUT THE CUSTOMER'S
FOOD ALLERGY.
(B) POSTERS.--THE DEPARTMENT SHALL REQUIRE POSTERS UNDER
THIS SECTION TO CONTAIN, AT A MINIMUM, A DESCRIPTION OF THE
MAJOR FOOD ALLERGENS AND SYMPTOMS OF AN ALLERGIC REACTION AND
ANY OTHER RELATED REQUIREMENTS THAT ARE SPECIFIED IN THE FOOD
CODE, PUBLISHED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION. THE FOLLOWING APPLY:
(1) THE SECRETARY SHALL TRANSMIT NOTICE OF THE OTHER
RELATED REQUIREMENTS THAT ARE SPECIFIED IN THE VERSION OF THE
FOOD CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS
PARAGRAPH TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION
IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.
(2) THE SECRETARY SHALL REVIEW ANY SUBSEQUENT CHANGES TO
THE OTHER RELATED REQUIREMENTS THAT ARE SPECIFIED UNDER THE
FOOD CODE AND SHALL TRANSMIT NOTICE OF THE CHANGES TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT
AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.
SECTION 3. SECTION 5707(A) OF TITLE 3 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 5707. POWERS OF DEPARTMENT.
(A) RULES AND REGULATIONS.--THE DEPARTMENT SHALL MAKE SUCH
REASONABLE RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR
CARRYING OUT THE PROVISIONS AND INTENT OF THIS SUBCHAPTER. IN
PROMULGATING REGULATIONS, THE DEPARTMENT SHALL BE GUIDED BY THE
[MOST CURRENT] 2022 EDITION OF THE FOOD CODE, PUBLISHED BY THE
UNITED STATES [DEPARTMENT OF HEALTH,] FOOD AND DRUG
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ADMINISTRATION OR ANY SUCCESSOR DOCUMENT APPROVED BY THE
DEPARTMENT UNDER SUBSECTION (E). THE REGULATORY STANDARDS
ESTABLISHED BY THE DEPARTMENT UNDER THIS SECTION SHALL BE THE
STANDARDS FOLLOWED AND APPLIED BY ANY LICENSOR WITH RESPECT TO
RETAIL FOOD FACILITIES.
* * *
(E) ADOPTION BY REFERENCE.--
(1) THE SECRETARY SHALL REVIEW THE 2022 EDITION OF THE
FOOD CODE, PUBLISHED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION, AND TRANSMIT NOTICE TO THE LEGISLATIVE
REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE
OF THE PENNSYLVANIA BULLETIN OF THE STANDARDS APPROVED FOR
ADOPTION.
(2) THE SECRETARY SHALL REVIEW ANY SUBSEQUENT CHANGES TO
THE FOOD CODE AND SHALL TRANSMIT NOTICE OF ADOPTION TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT
AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.
Section 2 4. This act shall take effect in 60 days.
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