SENATE AMENDED

 

PRIOR PRINTER'S NOS. 174, 901, 2067, 4266, 4327

PRINTER'S NO.  4473

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

174

Session of

2009

  

  

INTRODUCED BY CARROLL, HANNA, BEYER, BRENNAN, CALTAGIRONE, DALEY, DeLUCA, FABRIZIO, FREEMAN, GEIST, GEORGE, GRUCELA, HENNESSEY, JOSEPHS, KULA, M. O'BRIEN, PASHINSKI, READSHAW, SIPTROTH, K. SMITH, YUDICHAK, GOODMAN AND W. KELLER, FEBRUARY 2, 2009

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 13, 2010   

  

  

  

AN ACT

  

1

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

2

Statutes, codifying the Public Eating and Drinking Place Law

3

and the Food Act; providing for the protection of public

4

health and for regulations; requiring licensing; further

5

providing for organic foods, for maple products, for food

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6

employee certification and for farmers' market; providing for

7

penalties; and making related repeals.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

Section 1.  Chapter 57 of Title 3 of the Pennsylvania

11

Consolidated Statutes is amended by adding subchapters to read:

12

CHAPTER 57

13

FOOD PROTECTION

14

[(Reserved)]

15

Subchapter

16

A.  Retail Food Facility Safety

17

B.  Food Safety

18

SUBCHAPTER A

 


1

RETAIL FOOD FACILITY SAFETY

2

Sec.

3

5701.  Short title of chapter.

4

5702.  Definitions.

5

5703.  License required.

6

5704.  Inspection, sampling and analysis.

7

5705.  (Reserved).

8

5706.  (Reserved).

9

5707.  Powers of department.

10

5708.  Infectious persons.

11

5709.  Linens, equipment and utensils.

12

5710.  Retail food facility and employee cleanliness.

13

5711.  Toilets, sinks and drains.

14

5712.  (Reserved) Applicability.

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15

5713.  School cafeterias and organized camps.

16

5714.  Penalties.

17

5715.  (Reserved).

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18

5716.  Acts not affected.

19

§ 5701.  Short title of chapter.

20

This chapter shall be known and may be cited as the Retail

21

Food Facility Safety Act.

22

§ 5702.  Definitions.

23

The following words and phrases when used in this subchapter

24

shall have the meanings given to them in this section unless the

25

context clearly indicates otherwise:

26

"Bed and breakfast homestead or inn."  A private residence

27

which contains ten or fewer bedrooms used for providing

28

overnight accommodations to the public and in which breakfast is

29

the only meal served and is included in the charge for the room.

30

"Employee."  The license holder, person in charge, person

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1

having supervisory or management duties, person on the payroll,

2

family member, volunteer, person performing work under

3

contractual agreement or other person working in a retail food

4

facility.

5

"Food employee."  An individual working with unpackaged food,

6

food equipment or utensils or food contact surfaces.

7

"License."  A grant to a proprietor to operate a retail food

8

facility.

9

"Licensor."  Any of the following:

10

(1)  The county department of health or joint-county

11

department of health whenever a retail food facility is

12

located in a political subdivision under the jurisdiction of

13

a county department of health or joint-county department of

14

health.

15

(2)  The health authorities of cities, boroughs,

16

incorporated towns and first class townships whenever a

17

retail food facility is located in a city, borough,

18

incorporated town or first class township not under the

19

jurisdiction of a county department of health or joint-county

20

department of health.

21

(3)  The health authorities of second class townships and

22

second class townships which have adopted a home rule charter

23

which elect to issue licenses under this subchapter whenever

24

a retail food facility is located in a second class township

25

or second class township which has adopted a home rule

26

charter not under the jurisdiction of a county department of

27

health or joint-county department of health.

28

(4)  The Department of Agriculture whenever a retail food

29

facility is located in any other area of this Commonwealth.

30

"Organized camp."  A combination of programs and facilities

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1

established for the primary purpose of providing an outdoor

2

group living experience for children, youth and adults, with

3

social, recreational and educational objectives, and operated

4

and used for five or more consecutive days during one or more

5

seasons of the year.

6

"Person in charge."  A person designated by a retail food

7

facility operator to be present at a retail food facility and

8

responsible for the operation of the retail food facility at the

9

time of inspection.

10

"Potentially hazardous food."  The term shall have the same

<--

11

meaning as defined in the 2009 edition of the Food Code

12

published by the Department of Health and Human Services, Food

13

and Drug Administration or any successor document approved by

14

regulation of the department.

15

"Proprietor."  A person, partnership, association or

16

corporation conducting or operating a retail food facility

17

within this Commonwealth.

18

"Public eating or drinking place."  A place within this

19

Commonwealth where food or drink is served to or provided for

20

the public, with or without charge. The term does not include

21

dining cars operated by a railroad company in interstate

22

commerce or a bed and breakfast homestead or inn.

23

"Raw agricultural commodity."  As defined under section 5722

24

(relating to definitions).

25

"Retail food establishment."  An establishment which stores,

26

prepares, packages, vends, offers for sale or otherwise provides

27

food for human consumption and which relinquishes possession of

28

food to a consumer directly, or indirectly, through a delivery

29

service such as home delivery of grocery orders or delivery

30

service provided by common carriers. The term does not include

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1

dining cars operated by a railroad company in interstate

2

commerce or a bed and breakfast homestead or inn.

3

"Retail food facility."  A public eating or drinking place or

4

a retail food establishment.

5

§ 5703.  License required.

6

(a)  Unlawful conduct.-- Except as provided in subsection

7

(b), it shall be unlawful for any proprietor to conduct or

8

operate a retail food facility without first obtaining a license

9

for each retail food facility as provided in this subchapter.

10

(b)  Exempt retail food facilities.--

11

(1)  A licensor may exempt the following retail food

12

facilities from the license requirements of this section:

13

(i)  A food bank owned by a charitable nonprofit

14

entity and operated for charitable or religious purposes.

15

(ii)  A soup kitchen owned by a charitable nonprofit

16

entity and operated for charitable or religious purposes.

17

(iii)  A retail food facility that operates on no

18

more than three days each calendar year.

19

(iv)  A school cafeteria.

20

(v)  A retail food facility that is owned by a

21

charitable nonprofit entity and that is one or more of

22

the following:

23

(A)  Managed by an organization which is

24

established to promote and encourage participation or

25

support for extracurricular recreational activities

26

for youth of primary and secondary public, private

27

and parochial school systems on a not-for-profit

28

basis. This subparagraph does not apply to organized

29

camps.

30

(B)  Offers only foods that are nonpotentially

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1

hazardous foods or beverages.

2

(vi)  A retail food facility in which food or

3

beverages are sold only through a vending machine.

4

(vii)  A retail food facility which is owned by a

<--

5

church, association of churches or other religious order,

6

body or institution which:

7

(A)  Qualifies for exemption from taxation under

8

section 501(c)(3) or (d) of the Internal Revenue Code

9

of 1986 (Public Law 99-514, 26 U.S.C. § 501).

10

(B)  Which is Is not subject to unrelated

<--

11

business income taxation under sections 511, 512 or

12

513 of the Internal Revenue Code of 1986 for

<--

13

activities undertaken under this chapter.

14

If the licensor is the department, the exemption shall be

15

accomplished by order of the secretary and published in the

16

Pennsylvania Bulletin. If the licensor is an entity other

17

than the department, the exemption shall be accomplished by

18

order of the local government unit or units having

19

jurisdiction over the licensor. A retail food facility that

20

is exempted from the license requirements under this section

21

shall remain subject to inspection and all other provisions

22

of this subchapter.

23

(2)  A licensor shall exempt the following retail food

24

facilities from the license requirements of this section:

25

(i)  A retail food facility in which only

26

prepackaged, nonpotentially hazardous food or beverages

27

are sold.

28

(ii)  A retail food facility that sells only raw

29

agricultural commodities.

30

A retail food facility that is exempted from the license

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1

requirements under this section shall remain subject to

2

inspection and all other provisions of this subchapter.

3

(c)  Issuance of license.--A retail food facility license

4

shall be issued by the licensor having jurisdiction. A license

5

shall specify the date of expiration, the period for which the

6

license is valid, the name of the licensee and the place

7

licensed. Licenses shall be conspicuously displayed at all times

8

in the place thereby licensed. Licenses shall not be

9

transferable.

10

(d)  Application requirement.--Any person owning or operating

11

or desiring to operate a retail food facility within this

12

Commonwealth shall make application for a license to the

13

licensor on forms furnished by the licensor. The forms shall, at

14

a minimum, set forth such information as the department may

15

require and any additional information a licensor that is not

16

the department may require under the authority of the act of

<--

17

April 21, 1949 (P.L.665, No.155), known as the First Class City

18

Home Rule Act, or the act of August 24, 1951 (P.L.1304, No.315),

19

known as the Local Health Administration Law. Application forms

20

shall include the name and address of the applicant, together

21

with all the other information deemed necessary to identify the

22

applicant, provide contact information for the applicant,

23

identify the location of the retail food facility that is the

24

subject to the application and facilitate the licensor's

25

processing of the application.

26

(e)  Inspection.--

27

(1)  No license shall be issued until inspection of the

28

retail food facility has been made by the licensor and the

29

retail food facility meets the requirements of both this

30

subchapter and one of the following:

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1

(i)  The rules and regulations of the department.

2

(ii)  The rules and regulations adopted under the

3

authority of the First Class City Home Rule Act or the

<--

4

Local Health Administration Law.

5

(2)  Rules and regulations adopted by a licensor who is

6

not the department shall, at the minimum, meet and shall not

<--

7

exceed the requirements of this subchapter and the rules and

8

regulations of the department.

9

(f)  Reports.--If the licensor is an entity other than the

10

department, the licensor shall provide the department a copy of

11

any inspection report resulting from any inspection conducted

12

under authority of this subchapter within 30 days of the

13

inspection date. This copy may be sent by electronic methods, as

14

approved by the department. The department may, by regulation,

15

require that inspection reports be submitted in a specific

16

electronic format.

17

(g)  Term of license.--

18

(1)  Except as provided in paragraph (2), licenses shall

19

expire on the day after the original license anniversary date

20

at intervals of one year, or for any other license period

21

that is established by the department through regulation and

22

that uses risk-based factors identified in the current

23

edition of the Food Code, published by the United States

24

Department of Health, Food and Drug Administration, as a

25

basis for determining the appropriate license interval. An

26

application for renewal shall be made one month before the

27

expiration of an existing license. A license granted under

28

the provisions of this subchapter shall be renewed if the

29

most recent inspection by the licensor was conducted within

30

the preceding license period and determined that requirements

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1

specified in this chapter with respect to the retail food

2

facility were met.

3

(2)  A temporary license for a retail food facility that

4

operates on no more than 14 days in one calendar year or for

5

a retail food facility operating at a fair, festival or

6

similar temporary event shall be granted with respect to the

7

calendar year in which it is issued if the retail food

8

facility meets the requirements of this subchapter.

9

(h)  Sales and use tax license.--No license shall be issued

10

until the proprietor exhibits proof that the proprietor has

11

applied for or received a sales and use tax license or exemption

12

certificate from the Department of Revenue.

13

(i)  Denial or revocation of license.--

14

(1)  A licensor shall state in writing to the proprietor

15

the reason for the refusal to issue a license.

16

(2)  (i)  If a retail food facility licensed by the

17

department is in violation of a provision of this

18

subchapter, or of a regulation promulgated under

19

authority of this subchapter, or of any other act related

20

to public health and being applicable to retail food

21

facilities, the department may suspend or revoke the

22

license. If a retail food facility licensed by an entity

23

other than the department is in violation of a provision

24

of this subchapter, or of a regulation promulgated under

25

authority of this subchapter, or of any other act related

26

to public health and being applicable to retail food

27

facilities, or of the regulations of the licensor

28

pertaining to retail food facilities, the licensor may

29

suspend or revoke the license. The suspension of a

30

license shall be terminated when the violation for which

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1

it was imposed has been found, upon inspection by the

2

licensor, to have been corrected. Whenever a license is

3

suspended or revoked, no part of the fee paid therefore

4

shall be returned to the proprietor.

5

(ii)  A licensor may, as an alternative to suspending

6

or revoking a license, provide a licensee a reasonable

7

interval within which to correct conditions that

8

constitute a violation that would result in the

9

suspension or revocation of the license, provided that

10

the health and safety of the employees, occupants and

11

patrons of the retail food facility can be reasonably

12

assured during that interval.

13

(j)  Fees.--The fees that may be charged under this

14

subchapter are as established by the licensor, if the licensor

15

is an entity other than the department, and shall be paid into

16

the city, borough, incorporated town, township or county

17

treasury. If the licensor is the department, the fees shall be

18

paid to the State Treasury through the department and are as

19

follows:

20

(1)  For licensure of a retail food facility that has not

21

been previously licensed, and that is owner-operated and that

22

has a seating capacity of less than 50: $103.

23

(2)  For licensure of a retail food facility that has not

24

been previously licensed and that is not described in

25

paragraph (1): $241.

26

(3)  For a renewal of a license or for issuing a license

27

to reflect a change of ownership: $82.

28

(4)  For a duplicate license, for each retail food 

29

facility location: $14.

30

(5)  For a temporary license under subsection (g)(2):

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1

$14.

2

(6)  For conducting a follow-up inspection to review 

3

whether changes have been made to correct violations which

4

resulted in noncompliant status determined by a prior

5

inspection:

6

(i)  For the second follow-up inspection during the

7

licensure period: $150.

8

(ii)  For a third or subsequent follow-up inspection

9

during the licensure period: $300.

10

(7)  For conducting an inspection that is not otherwise

11

required by the department, but that is conducted at the

12

behest of the proprietor of the retail food facility: $150.

13

(8)  For any license described in paragraph (1), (2),

14

(3), (4) or (5) that is issued for a period of greater than

15

one year by regulation of the department in accordance with

16

subsection (g), the license fee otherwise prescribed under

17

those paragraphs shall be prorated for the license period.

18

(k)  Multiple retail food facilities.--Whenever any

19

proprietor maintains more than one retail food facility within

20

this Commonwealth, the proprietor shall be required to apply for

21

and procure a license for each retail food facility.

22

§ 5704.  Inspection, sampling and analysis.

23

(a)  Inspection.--For purposes of enforcement of this

24

subchapter, a licensor is authorized, upon presenting

25

appropriate credentials to the person in charge:

26

(1)  To enter at reasonable times any retail food

27

facility.

28

(2)  To inspect at reasonable times, within reasonable

29

limits and in a reasonable manner, the retail food facility.

30

(3)  To obtain a sample of any food at a retail food

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1

facility for analysis as may be necessary to determine

2

compliance with this subchapter if the licensor, upon

3

completion of the inspection and prior to leaving the

4

facility, provides the person in charge a receipt describing

5

the sample obtained.

6

(b)  Billing.--A retail food facility from which a sample was

7

collected may bill the licensor for the fair market value of the

8

sample.

9

(c)  Report.--Upon completion of an inspection of a retail

10

food facility and prior to leaving the premises, a licensor

11

shall give to the person in charge a written report of the

12

findings of the inspection. Results from the analysis of any

13

samples taken shall be provided to the person in charge within

14

30 days of receipt.

15

§ 5705.  (Reserved).

16

§ 5706.  (Reserved).

17

§ 5707.  Powers of department.

18

(a)  Rules and regulations.--The department shall make such

19

reasonable rules and regulations as may be deemed necessary for

20

carrying out the provisions and intent of this subchapter. In

21

promulgating regulations, the department shall be guided by the

22

most current edition of the Food Code, published by the United

23

States Department of Health, Food and Drug Administration. The

24

regulatory standards established by the department under this

25

section shall be the minimum standards followed and applied by

<--

26

any licensor with respect to retail food facilities.

27

(b)  Food service at schools and organized camps.--

28

(1)  The department shall provide for the inspection of a

29

food service at a school and for the training of school food

30

service personnel in accordance with the standards applied to

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1

retail food facilities for schools located in areas in which

2

the department is the licensor. Upon request, the department

3

shall provide training to school food service personnel or

4

inspections of a food service at a school located in areas in

5

which the department is not the licensor.

6

(2)  The department shall provide for the inspection of a

7

food service at organized camps and for the training of food

8

service personnel at organized camps in accordance with the

9

standards applied to retail food facilities for organized

10

camps located in areas in which the department is the

11

licensor. Upon request, the department shall provide training

12

to organized camp food service personnel or inspections of a

13

food service at organized camps located in areas in which the

14

department is not the licensor.

15

(c)  Inspection.--If a licensor is required to provide the

<--

16

department a copy of an inspection report pursuant to section

17

5703(f) (relating to license required) and fails to comply with

18

that requirement, the department may inspect and license the

19

subject retail food facility, and the licensor that failed to

20

(c)  Inspection.--If a licensor fails to inspect a retail

<--

21

food facility as required under section 5703(e) (relating to

22

license required), the department shall have the authority to

23

license and inspect all retail food facilities under that

24

licensor's jurisdiction, and the licensor that failed to comply

25

with the inspection requirement shall not charge or collect any

26

fee for licensing the subject retail food facility facilities.

<--

27

If the department conducts an inspection, it shall, within 30

28

days, provide the licensor a copy of the inspection report.

29

(d)  Interagency coordination.--The department shall provide

30

inspection reports or test results that indicate human illness

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1

related to food consumption or food handling practices, or to

2

other threats to the safety of the food supply, to the

3

Department of Health, the Department of Environmental Protection

4

or any other Commonwealth agency as necessary to develop a

5

comprehensive, coordinated interagency approach to protecting

6

public health and safeguarding the food supply.

7

§ 5708.  Infectious persons.

8

No proprietor shall allow any food employee to be in a retail

9

food facility if that person has an infectious or communicable

10

disease, as prohibited under the act of April 23, 1956 (1955

11

P.L.1510, No.500), known as the Disease Prevention and Control

12

Law of 1955, and its attendant regulations related to

13

restrictions on food handlers. In consultation with the

14

Department of Health, the department may promulgate regulations

15

with respect to specific illnesses as related to operations in a

16

retail food facility as it deems necessary for the protection of

17

public health.

18

§ 5709.  Linens, equipment and utensils.

19

No proprietor shall utilize any linens, equipment or utensils

20

unless the linens, equipment or utensils have been thoroughly

21

cleansed and sanitized in the manner prescribed by regulation of

22

the department.

23

§ 5710.  Retail food facility and employee cleanliness.

24

All retail food facilities, kitchens, dining rooms and all

25

places where foods are prepared, kept or stored shall be kept in

26

a clean and sanitary condition and be protected from dust, dirt,

27

insects and vermin in the manner prescribed by the regulations

28

of the department. The clothing and hands of employees shall at

29

all times be clean and sanitary. Except when washing fruits and

30

vegetables or when approved by the department, food employees

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1

may not contact exposed, ready-to-eat food with their bare

2

hands, and shall use suitable utensils such as deli tissue,

3

spatulas, tongs, single-use gloves or dispensing equipment. No

4

domestic pets or other animals shall be permitted where food or

5

drink is prepared, handled or stored unless specifically

6

permitted or required under the Americans with Disabilities Act

7

of 1990 (Public Law 101-336, 104 Stat. 327) or other Federal or

8

State law. No person shall be permitted to use for living or

9

sleeping purposes any room or place in any retail food facility

10

which is regularly and customarily used for the preparation,

11

handling, storing or serving of food.

12

§ 5711.  Toilets, sinks and drains.

13

All toilets, hand-wash sinks, tubs, sinks and drains used in

14

or in connection with any retail food facility shall at all

15

times be kept in a clean and sanitary condition.

16

§ 5712.  (Reserved).

<--

17

§ 5712.  Applicability.

<--

18

This subchapter shall not apply to food that meets all of the

19

following requirements:

20

(1)  The food is not potentially hazardous food.

21

(2)  The food is prepared in a private home.

22

(3)  The food is used or offered for human consumption by

23

any of the following organizations:

24

(i)  A tax-exempt organization under section

25

501(c)(3) of the Internal Revenue Code of 1986 (Public

26

Law 99-514, 26 U.S.C. § 501(c)(3)).

27

(ii)  A volunteer fire company or ambulance,

28

religious, charitable, fraternal, veterans, civic,

29

sportsmen, agricultural fair or agricultural association

30

or any separately chartered auxiliary of any of these

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1

associations, on a not-for-profit basis.

2

(iii)  An organization that is established to promote

3

and encourage participation and support for

4

extracurricular recreational activities for youth of

5

primary and secondary public, private and parochial

6

school systems on a not-for-profit basis.

7

(4)  The organization that uses or offers the food for

8

human consumption informs consumers that the organization

9

uses or offers food that has been prepared in private homes

10

that are not licensed or inspected.

11

(5)  The food is donated to an organization described

12

under paragraph (3).

13

§ 5713.  School cafeterias and organized camps.

14

Officials of schools and organized camps shall cooperate with

15

the department in the conduct of cafeteria health and safety

16

inspections and shall participate in inspection services and

17

training programs made available by the department in areas

18

where the department is the licensor. Upon request, the

19

department shall provide training to school or organized camp

20

food service personnel or inspections of a food service at a

21

school or organized camp located in areas in which the

22

department is not the licensor.

23

§ 5714.  Penalties.

24

(a)  Retail food facilities under jurisdiction of

25

department.--For retail food facilities under the jurisdiction

26

of the department, penalties are as follows:

27

(1)  A person who violates any provision of this

28

subchapter or any rule, regulation, standard or order made

29

under this subchapter commits a summary offense for the first

30

or second offense and shall be subject to a fine not less

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1

than $100 but not more than $300. A person who violates any

2

provision of this subchapter or any rule, regulation,

3

standard or order made under this subchapter commits a

4

misdemeanor of the third degree if the violation is a third

5

or subsequent offense and if the violation occurs within two

6

years of the date of the last previous offense.

7

(2)  In addition to proceeding under any other remedy

8

available at law or in equity for a violation of this

9

subchapter or a rule or regulation adopted or any order

10

issued under this subchapter, the secretary may assess a

11

civil penalty not to exceed $10,000 upon an individual or

12

business for each offense. No civil penalty shall be assessed

13

unless the person charged has been given notice and

14

opportunity for a hearing in accordance with law. In

15

determining the amount of the penalty, the secretary shall

16

consider the gravity of the violation. Whenever the secretary

17

finds a violation which did not cause harm to human health,

18

the secretary may issue a warning in lieu of assessing a

19

penalty. In case of inability to collect the civil penalty or

20

failure of any person to pay all or any portion of the

21

penalty as the secretary may determine, the secretary may

22

refer the matter to the Attorney General, who shall recover

23

the amount by action in the appropriate court.

24

(b)  Retail food facilities under other jurisdiction.--

25

Penalties shall be established by the licensor for retail food

26

facilities under the jurisdiction of a licensor that is not the

27

department.

28

§ 5715.  (Reserved).

<--

29

§ 5716.  Acts not affected.

30

Nothing in this subchapter shall be construed to abrogate or

- 17 -

 


1

supersede any provision or regulation adopted under the act of

2

August 24, 1951 (P.L.1304, No.315), known as the Local Health

3

Administration Law, with regard to licensure, regulation and

4

inspection of a retail food facility, as defined in section 5702

5

(relating to definitions).

6

SUBCHAPTER B

7

FOOD SAFETY

8

Sec.

9

5721.  Short title of subchapter.

10

5722.  Definitions.

11

5723.  Prohibited acts.

12

5724.  Temporary or permanent injunctions.

13

5725.  Penalties.

14

5726.  Detention and condemnation.

15

5727.  Temporary permits.

16

5728.  Adulteration of food.

17

5729.  Misbranding of food.

18

5730.  Regulations to exempt certain labeling requirements.

19

5731.  Poisonous or deleterious substances and tolerances.

20

5732.  Inspection, sampling and analysis.

21

5733.  Rules and regulations.

22

5734.  Registration of food establishments.

23

5735.  Product registration.

24

5736.  Construction of subchapter.

25

5737.  Acts not affected.

26

§ 5721.  Short title of subchapter.

27

This subchapter shall be known and may be cited as the Food

28

Safety Act.

29

§ 5722.  Definitions.

30

The following words and phrases when used in this subchapter

- 18 -

 


1

shall have the meanings given to them in this section unless the

2

context clearly indicates otherwise:

3

"Color additive."  A material which is a dye, pigment or

4

other substance made by a process of synthesis or similar

5

artifice or extracted, isolated or otherwise derived, with or

6

without intermediate or final change of identity, from a

7

vegetable, animal, mineral or other source and when added or

8

applied to a food is capable, alone or through reaction with

9

other substances, of imparting color thereto. The term includes

10

black, white and intermediate grays. The term does not include:

11

(1)  Any material which the Secretary of Agriculture, by

12

regulation, determines is used or intended to be used solely

13

for a purpose or purposes other than coloring.

14

(2)  Any pesticide chemical, soil or plant nutrient or

15

other agricultural chemical solely because of its effect in

16

aiding, retarding or otherwise affecting, directly or

17

indirectly, the growth or other natural physiological process

18

of produce of the soil and thereby affecting its color,

19

whether before or after harvest.

20

"Federal acts."  The Wholesome Meat Act (Public Law 90-201,

21

21 U.S.C. § 601 et seq.), the Federal Food, Drug, and Cosmetic

22

Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), the Poultry

23

Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et

24

seq.), the Fair Packaging and Labeling Act (Public Law 89-755,

25

15 U.S.C. § 1451 et seq.), the Federal Insecticide, Fungicide,

26

and Rodenticide Act (61 Stat. 163, 7 U.S.C. § 136 et seq.) and

27

the Nutrition Labeling and Education Act of 1990 (Public Law

28

101-535, 104 Stat. 2353).

29

"Food."  An article used for food or drink by humans,

30

including chewing gum and articles used for components of any

- 19 -

 


1

article. The term does not include medicines and drugs.

2

"Food additive."  A substance, the intended use of which

3

results or may reasonably be expected to result, directly or

4

indirectly, in its becoming a component or otherwise affecting

5

the characteristics of any food if the substance is not

6

generally recognized among experts qualified by scientific

7

training and expertise to evaluate its safety, as having been

8

adequately shown through scientific procedures or, in the case

9

of a substance used in food prior to January 1, 1958, through

10

either scientific procedures or experience based on common use

11

in food to be safe under the conditions of its intended use. The

12

term does not include the following:

13

(1)  A pesticide chemical in or on a raw agricultural

14

commodity.

15

(2)  A pesticide chemical to the extent that it is

16

intended for use or is used in the production, storage or

17

transportation of any raw agricultural commodity.

18

(3)  A color additive.

19

(4)  Any substance used in accordance with a sanction or

20

approval granted prior to the enactment of this paragraph

21

pursuant to a statute repealed by this act, pursuant to the

22

Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C.

23

§ 451 et seq.) or pursuant to the Wholesome Meat Act (Public

24

Law 90-201, 21 U.S.C. § 601 et seq.).

25

(5)  A new animal drug.

26

As used in this definition, the term "substance" includes any

27

substance intended for use in producing, manufacturing,

28

packaging, processing, preparing, treating, transporting or

29

holding food and any source of radiation intended for any use.

30

"Food establishment."  A room, building or place or portion

- 20 -

 


1

thereof or vehicle maintained, used or operated for the purpose

2

of commercially storing, packaging, making, cooking, mixing,

3

processing, bottling, baking, canning, freezing, packing or

4

otherwise preparing, transporting or handling food. The term

5

excludes retail food facilities, retail food establishments,

6

public eating and drinking places and those portions of

7

establishments operating exclusively under milk or milk products

8

permits.

9

"Imitation food."  A food that is a substitute for and

10

resembles another food but is nutritionally inferior to that

11

food.

12

"Label."  A display of written, printed or graphic matter

13

upon the immediate container of any food. The term "immediate

14

container" does not include package liners.

15

"Labeling."  All labels and other written, printed or graphic

16

matter upon a food or any of its containers or wrappings.

17

"Package."  Any container or wrapping in which food is

18

enclosed for delivery or display to retail purchasers. The term

19

does not include the following:

20

(1)  Shipping containers or wrappings for the

21

transportation of food in bulk or quantity to manufacturers,

22

packers or processors or to wholesale or retail distributors.

23

(2)  Shipping containers or wrappings used by retailers

24

to ship or deliver food to retail customers, if the

25

containers or wrappings bear no printed matter pertaining to

26

food.

27

(3)  Containers used for tray pack displays in retail

28

establishments.

29

(4)  Transparent containers or wrappings which do not

30

bear written, printed or graphic matter which obscures

- 21 -

 


1

information required to be displayed on the label.

2

"Pesticide chemical."  A substance used in the production,

3

storage or transportation of raw agricultural commodities which,

4

alone or in chemical combination or formulation with one or more

5

other substances, is a pesticide within the meaning of the act

6

of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania

7

Pesticide Control Act of 1973.

8

"Potentially hazardous food."  As defined in the 2005 Food

<--

9

Code published by the United States Department of Health, Food

10

and Drug Administration, or its successor document As defined in

<--

11

section 5702 (relating to definitions).

12

"Principal display panel."  A part of a label that is most

13

likely to be displayed, presented, shown or examined under

14

normal and customary conditions of display for retail sale and

15

is large enough to accommodate all the mandatory information

16

required to be placed on the label.

17

"Public eating and drinking place."  As defined in section

18

5702 (relating to definitions).

19

"Raw agricultural commodity."  A food in its raw or natural

20

state, including all fruits which are washed, colored or

21

otherwise treated in their unpeeled, natural form prior to

22

marketing.

23

"Retail food establishment."  As defined in section 5702

24

(relating to definitions).

25

"Retail food facility."  As defined in section 5702 (relating

26

to definitions).

27

"Secretary."  Includes an authorized representative, employee

28

or agent of the Department of Agriculture.

29

§ 5723.  Prohibited acts.

30

The following acts are prohibited:

- 22 -

 


1

(1)  Manufacture, sale, delivery, consignment, bailment,

2

holding or offering for sale of any food that is adulterated

3

or misbranded, except where a person in good faith delivers

4

or offers to deliver the food and furnishes shipping

5

documents to the secretary.

6

(2)  Adulteration or misbranding of any food.

7

(3)  Knowingly receiving in commerce any food which is

8

adulterated or misbranded and the delivery or proffered

9

delivery thereof for pay or otherwise.

10

(4)  Sale, delivery for sale, holding for sale or

11

offering for sale any article in violation of section 5731

12

(relating to poisonous or deleterious substances and

13

tolerances).

14

(5)  Refusal to permit during normal business hours entry

15

to, inspection of or taking of a sample or access to or

16

copying of any record at a food establishment as authorized

17

under section 5732(a)(2) and (3) (relating to inspection,

18

sampling and analysis).

19

(6)  Removal or disposal of a detained or embargoed food

20

article in violation of section 5726 (relating to detention

21

and condemnation).

22

(7)  Alteration, mutilation, destruction, obliteration or

23

removal of the whole or any part of the labeling of a food or

24

the doing of any other act with respect to a food, if the act

25

is done while the food is held for sale and results in the

26

food being adulterated or misbranded.

27

(8)  Forging, counterfeiting, simulating, falsely

28

representing or using without proper authority any mark,

29

stamp, tag, label or other identification device authorized

30

or required by regulation promulgated under this subchapter.

- 23 -

 


1

(9)  Use by any person to his own advantage or revealing,

2

other than to the secretary or the courts when relevant in

3

any judicial proceeding under this subchapter, of any

4

information acquired under authority of this subchapter

5

concerning any method or process which, as a trade secret or

6

confidential trade information, is entitled to protection.

7

(10)  Holding of any potentially hazardous food at unsafe

8

temperatures in violation of an applicable regulation issued

9

under this chapter.

10

(11)  Failure to register with the department under the

11

provisions of section 5734 (relating to registration of food

12

establishments).

13

(12)  Use of wording which incorrectly indicates or

14

implies that a label or product has received approval of the

15

department. A food establishment may not claim registration

16

either upon its label or package or otherwise, except as

17

provided in section 5735 (relating to product registration).

18

(13)  Sale of confectionery containing alcohol at a level

19

above one-half of 1% by volume.

20

(14)  Failure by a carrier to make records showing the

21

movement in commerce of any food or the holding thereof

22

during or after the movement and the quantity, shipper and

23

consignee thereof available for one year after the initial

24

date of movement of the food in commerce.

25

§ 5724.  Temporary or permanent injunctions.

26

In addition to any other remedies provided in this

27

subchapter, the secretary may apply to the Commonwealth Court or

28

to any other court having jurisdiction for a temporary or

29

permanent injunction restraining a person from violating this

30

subchapter or any regulation adopted under this subchapter.

- 24 -

 


1

§ 5725.  Penalties.

2

(a)  Criminal penalties.--A person who violates any provision

3

of this subchapter or any rule, regulation, standard or order

4

made under this subchapter commits a summary offense for the

5

first or second offense. A person who violates this subchapter

6

or any rule, regulation, standard or order made under this

7

subchapter commits a misdemeanor of the third degree if the

8

violation is a third or subsequent offense and if the violation

9

occurs within two years of the date of the last previous

10

offense.

11

(b)  Civil penalties.--In addition to proceeding under any

12

other remedy available at law or in equity for a violation of

13

this subchapter, or a rule or regulation adopted or any order

14

issued under this subchapter, the secretary may assess a civil

15

penalty not to exceed $10,000 upon an individual or business for

16

each offense. No civil penalty shall be assessed unless the

17

person charged has been given notice and opportunity for a

18

hearing in accordance with law. In determining the amount of the

19

penalty, the secretary shall consider the gravity of the

20

violation. Whenever the secretary finds a violation which did

21

not cause harm to human health, the secretary may issue a

22

warning in lieu of assessing a penalty. In case of inability to

23

collect the civil penalty or failure of any person to pay all or

24

any portion of the penalty as the secretary may determine, the

25

secretary may refer the matter to the Attorney General, who

26

shall recover the amount by action in the appropriate court.

27

(c)  Guaranty.--

28

(1)  No prosecution shall be sustained under the

29

provisions of this subchapter for the manufacture, delivery,

30

consignment, bailment, holding or sale of or offering for

- 25 -

 


1

sale, exposing for sale or having in possession with intent

2

to sell any adulterated or misbranded article against a

3

person from whom the article of food, sample or portion was

4

obtained by the department if the person can establish a

5

guaranty to the effect that the article of food is not

6

adulterated or misbranded within the meaning of this

7

subchapter, was adulterated or misbranded prior to coming

8

into the possession of the person and the person did not know

9

or have reason to know of the adulteration or misbranding or

10

was adulterated or misbranded after if left the possession

11

and control of the person. The guaranty must be signed by the

12

supplier, manufacturer, wholesale dealer, jobber or

13

distributor from whom the articles of food were purchased or

14

procured.

15

(2)  The guaranty to afford protection shall contain the

16

name and address of the supplier, manufacturer, wholesale

17

dealer, jobber or distributor making the sale of the article

18

of food to the person holding the guaranty. A supplier,

19

manufacturer, wholesale dealer, jobber or distributor giving

20

a guaranty under the provisions of this subchapter may be

21

held responsible and may be proceeded against for the

22

adulteration or misbranding of any article of food sold under

23

the guaranty and shall be subject to the penalties provided

24

for violation of this subchapter. A guaranty shall not

25

operate as a defense to prosecution for a violation of the

26

provisions of this subchapter if the person holding the

27

guaranty continues to sell the same food after written or

28

printed notice from the secretary that the article is

29

adulterated or misbranded within the meaning of this

30

subchapter. However, if the person violated the provisions of

- 26 -

 


1

this subchapter by having stored, transported, exposed or

2

kept the article in a way or manner to render it diseased,

3

contaminated or unwholesome, the person may be proceeded

4

against for a violation.

5

(d)  Minor violations.--Nothing in this subchapter shall be

6

construed as requiring prosecution or institution of a

7

proceeding under this subchapter for minor violations of this

8

subchapter if the secretary believes that the public interest

9

will be adequately served in the circumstances by a suitable

10

written notice or warning.

11

(e)  Food establishments subject to local inspections.--

12

Penalties shall be established by the county, borough,

13

incorporated town or township for food establishments that are

14

subject to local inspection under section 5733(b) (relating to

15

rules and regulations).

16

§ 5726.  Detention and condemnation.

17

(a)  Marking detained food.--Whenever the secretary has

18

probable cause to believe that food is adulterated or

19

misbranded, the secretary shall affix to the container or

20

wrapping a tag or other marking. The tag or marking shall give

21

notice that:

22

(1)  The food may be adulterated or misbranded and shall

23

be detained.

24

(2)  It is unlawful to remove the food from the food

25

establishment or to dispose of it without approval of the

26

secretary.

27

(b)  Determination and appeal.--The secretary shall determine

28

whether a food detained under this subchapter may be sold,

29

delivered, consigned, held or offered for sale as is or whether

30

it shall be relabeled, reprocessed or destroyed within 40 days

- 27 -

 


1

of issuance of the detention order. Any determination by the

2

secretary that the food shall be relabeled, reprocessed or

3

destroyed shall be subject, within 30 days of the determination,

4

to appeal by the owner or operator of the food establishment or

5

the manufacturer or owner of the food to the court of common

6

pleas of the county in which the food was located. The detention

7

order shall expire after five working days from the issuance of

8

the order, unless the secretary confirms the order. The order

9

shall clearly and concisely state the facts on which it is

10

based.

11

(c)  Relabeling.--If the secretary determines that the

12

adulteration or misbranding can be corrected by a proper label

13

or reprocessing and the determination is not appealed within the

14

time permitted, the secretary may direct that the food be

15

released to the claimant to label or process under the

16

supervision of the secretary. The relabeled or reprocessed food

17

shall not be released into the market until the secretary has

18

executed an order indicating that the food is no longer in

19

violation of this subchapter.

20

(d)  Order for destruction.--Food detained under this

21

subchapter shall be destroyed by the owner under the supervision

22

of the secretary, if the secretary determines that the food is

23

unfit for human consumption and the food cannot be reconditioned

24

so as to be made fit for human consumption and the determination

25

is not appealed within the time permitted. Food detained under

26

this subchapter may be used as animal feed or for other

27

beneficial use, provided that such use is in compliance with

28

other applicable statutes, rules, regulations, standards and

29

orders. The owner shall pay all costs of destruction.

30

§ 5727.  Temporary permits.

- 28 -

 


1

Temporary permits granted by Federal agencies for interstate

2

shipment of experimental packs of food varying from the

3

requirements of definitions and standards of identity in Federal

4

acts shall be effective in this Commonwealth under the

5

conditions provided in the permits. The secretary may issue

6

intrastate permits where they are necessary to the completion of

7

an investigation and where the interests of consumers are

8

safeguarded for foods not complying with definitions, standards

9

of identity and State laws and regulations. The permits shall be

10

for a period not to exceed one year, although the permit may be

11

extended for a period of up to one additional year if a new

12

standard of identity has been applied for under section 5733

13

(relating to rules and regulations). The secretary may revoke a

14

permit after notice to the affected party if the application

15

contains misleading statements or if the secretary determines

16

that unfair competitive advantage is gained through the issuance

17

of the permit or that the need no longer exists for the permit.

18

§ 5728.  Adulteration of food.

19

A food shall be deemed adulterated:

20

(1)  If it bears or contains any poisonous or deleterious

21

substance which may render it injurious to health. However,

22

if the substance is not an added substance, the food shall

23

not be considered adulterated under this section if the

24

quantity of the substance in the food does not ordinarily

25

render it injurious to health.

26

(2)  If it bears or contains any added poisonous or added

27

deleterious substance which is unsafe within the meaning of

28

section 5731 (relating to poisonous or deleterious substances

29

and tolerances). This paragraph does not apply to a pesticide

30

chemical in or on a raw agricultural commodity, a food

- 29 -

 


1

additive or a color additive.

2

(3)  If it is a raw agricultural commodity and bears or

3

contains a pesticide chemical which is unsafe within the

4

meaning of section 5731, except that, where a pesticide

5

chemical has been used in or on a raw agricultural commodity

6

with an exemption granted or tolerance prescribed under

7

section 5731 or under any of the Federal acts and the raw

8

agricultural commodity has been subjected to processing such

9

as canning, cooking, freezing, dehydrating or milling, the

10

residue of the pesticide remaining in or on the processed

11

food shall, notwithstanding the provisions of section 5731

12

and this paragraph, not be deemed unsafe if the residue in or

13

on the raw agricultural commodity has been removed to the

14

extent possible in good manufacturing practice and the

15

concentration of the residue in the processed food when ready

16

to eat is not greater than the tolerance prescribed for the

17

raw agricultural commodity.

18

(4)  If it bears or contains any food additive which is

19

unsafe within the meaning of section 5731 or under any of the

20

Federal acts.

21

(5)  If it consists, in whole or in part, of any

22

diseased, contaminated, filthy, putrid or decomposed

23

substance or is otherwise unfit for food.

24

(6)  If it has been produced, prepared, packed or held

25

under unsanitary conditions so that it may have become

26

contaminated with filth or may have been rendered diseased,

27

unwholesome or injurious to health.

28

(7)  If it is, in whole or in part, the product of a

29

diseased animal or of an animal which has died otherwise than

30

by slaughter.

- 30 -

 


1

(8)  If its container is composed, in whole or in part,

2

of any poisonous or deleterious substance which may render

3

the contents injurious to health, unless the container is

4

fabricated or manufactured with good manufacturing practice

5

as that standard is defined and delineated by any of the

6

Federal acts and their regulations.

7

(9)  If it has been intentionally subjected to radiation,

8

unless the use of the radiation was in conformity with a

9

regulation or exemption in effect under section 5731 or under

10

one of the Federal acts.

11

(10)  If:

12

(i)  any valuable constituent has been, in whole or

13

in part, omitted or abstracted therefrom;

14

(ii)  any substance has been substituted wholly or in

15

part;

16

(iii)  damage or inferiority has been concealed in

17

any manner; or

18

(iv)  any substance has been added thereto or mixed

19

or packed so as to increase its bulk or weight or reduce

20

its quality or strength or make it appear better or of

21

greater value than it is.

22

(11)  If it bears or contains any color additive which is

23

unsafe within the meaning of section 5731 or under one of the

24

Federal acts.

25

(12)  If it bears or contains eggs processed by or egg

26

products derived from a manufacturing, processing or

27

preparing method wherein whole eggs are broken using a

28

centrifuge-type egg breaking machine that separates the egg's

29

liquid interior from the shell.

30

§ 5729.  Misbranding of food.

- 31 -

 


1

(a)  General rule.--A food shall be misbranded:

2

(1)  If its labeling is false or misleading in any way.

3

(2)  If it is offered for sale under the name of another

4

food.

5

(3)  If it is an imitation of another food, unless its

6

label bears, in type of uniform size and prominence, the word

7

"imitation" and, immediately thereafter, the name of the food

8

that is simulated.

9

(4)  If its container is so made, formed or filled as to

10

be misleading.

11

(5)  If it is in a package that does not bear a label

12

containing:

13

(i)  The name and place of business of the

14

manufacturer, packer or distributor.

15

(ii)  An accurate statement of the quantity of the

16

contents in terms of weight, measure or numerical count.

17

Reasonable variations are permitted and exemptions as to

18

small packages shall be established in regulations

19

promulgated by the secretary.

20

(6)  If it is represented as a food for which a

21

definition and standard of identity has been prescribed by

22

regulation under this subchapter or under any of the Federal

23

acts, unless it conforms to the definition and standard and

24

its label bears the name of the food specified in the

25

definition and standard and the common names of optional

26

ingredients, other than spices, flavoring and coloring,

27

present in the food.

28

(7)  Unless its label bears the following:

29

(i)  The common or usual name of the food, if any.

30

(ii)  If made from two or more ingredients, the

- 32 -

 


1

common or usual name of each ingredient is listed in

2

descending order of predominance by weight, except that

3

spices, flavorings and colorings not required to be

4

certified under any of the Federal acts, other than those

5

sold as such, may be designated as spices, flavorings and

6

colorings without naming each.

7

(8)  If it is represented for special dietary uses,

8

unless its label bears such information concerning its

9

vitamin, mineral and other dietary properties as determined

10

by regulation to be necessary and in order to inform

11

purchasers as to its value for such use.

12

(9)  If it bears or contains any artificial flavoring,

13

artificial coloring or chemical preservative, unless it bears

14

labeling stating that fact. Exemptions shall be established

15

by regulations to the extent that compliance with

16

requirements of this paragraph is impracticable. The

17

provisions of this paragraph or paragraphs (6) and (7) with

18

respect to artificial coloring shall not apply in the case of

19

butter, cheese or ice cream. The provisions of this paragraph

20

with respect to chemical preservatives shall not apply to a

21

pesticide chemical when used in or on a raw agricultural

22

commodity which is the produce of the soil.

23

(10)  If it is a raw agricultural commodity bearing or

24

containing a pesticide chemical applied after harvest, unless

25

the shipping container of the commodity bears labeling which

26

declares the presence of the chemical and the common or usual

27

name and function of the chemical. A declaration shall not be

28

required when the commodity is removed from the shipping

29

container and is held or displayed for sale at retail in

30

accordance with the custom of the trade.

- 33 -

 


1

(11)  If it is a color additive, unless its packaging and

2

labeling are in conformity with the packaging and labeling

3

requirements applicable to color additives in department

4

regulations.

5

(12)  If, at the site of purchase of the particular food,

6

a sign, placard or other graphic matter relating to the food

7

is false or misleading in any particular.

8

(b)  Exceptions.--The provisions of subsection (a)(1), (2),

9

(3), (4), (5), (6), (7), (8), (9), (10) and (11) shall not apply

10

to the following:

11

(1)  Bakery goods sold at retail by the bakery directly

12

to the consumer in a store or market stand operated by the

13

bakery. The bakery goods must be made by the bakery, the

14

bakery must guarantee that they are in compliance with this

15

act in all other respects and the required information in

16

subsection (a)(1), (2), (3), (4), (5), (6), (7), (8) and (9)

17

must be available to the public at the point-of-sale.

18

(2)  Bakery goods sold to the operators of retail food

19

facilities when the required information in subsection (a)(1)

20

(2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) is

21

available to the public on the premises of the retail food

22

facility.

23

(c)  Nonpackaged food.--Food offered for retail sale in other

24

than package form shall be accompanied by a sign, placard or

25

notice listing the ingredients in descending order of

26

predominance by weight.

27

§ 5730.  Regulations to exempt certain labeling requirements.

28

The department shall promulgate regulations exempting from

29

any labeling requirement food which is, in accordance with the

30

practice of the trade, to be processed, labeled or repacked in

- 34 -

 


1

substantial quantities at establishments other than those where

2

originally processed or packed if the food is not adulterated or

3

misbranded under this subchapter upon removal from the

4

processing, labeling or repacking establishments.

5

§ 5731.  Poisonous or deleterious substances and tolerances.

6

(a)  Additions to food.--A poisonous or deleterious substance

7

added to a food, except where the substance is required in its

8

production and cannot be avoided by good manufacturing practice,

9

shall be deemed to be unsafe unless added in compliance with the

10

Federal acts.

11

(b)  Pesticide chemicals in or on raw agricultural

12

commodities.--A poisonous or deleterious pesticide chemical, or

13

any chemical which is not generally recognized among experts

14

qualified by scientific training and experience to evaluate the

15

safety of pesticide chemicals as safe for use, added to a raw

16

agricultural commodity shall be deemed unsafe unless added in

17

compliance with the Federal acts.

18

(c)  Unsafe food additives.--A food additive shall, with

19

respect to any particular use or intended use, be deemed to be

20

unsafe for the purposes of the application of section 5728(4)

21

(relating to adulteration of food) unless it and its intended

22

use conform to the terms of an exemption which is in effect

23

under this section or unless there is in effect, and it and its

24

intended use are in conformity with, a regulation issued under

25

this section prescribing the conditions under which the additive

26

may be safely used. A food which is in compliance with a

27

regulation relating to a food additive shall not, by reason of

28

bearing or containing an additive in accordance with the

29

regulations, be considered adulterated within the meaning of

30

section 5728(4).

- 35 -

 


1

§ 5732.  Inspection, sampling and analysis.

2

(a)  Inspection.--For purposes of enforcement of this

3

subchapter, the secretary is authorized, upon presenting

4

appropriate credentials to the owner, operator or agent in

5

charge:

6

(1)  To enter at reasonable times any factory, warehouse

7

or food establishment in which food is or was manufactured,

8

processed, packed or held for introduction into commerce or

9

to enter any vehicle used to transport or hold the food in

10

commerce.

11

(2)  To inspect at reasonable times, within reasonable

12

limits and in a reasonable manner the factory, warehouse,

13

food establishment or vehicle and all pertinent materials,

14

containers and labeling and to obtain samples necessary to

15

administer this subchapter.

16

(3)  To have access to and to copy all records of

17

carriers showing the movement in commerce of any food or the

18

holding thereof during or after the movement, and the

19

quantity, shipper and consignee thereof, if the secretary has

20

probable cause to believe that the movement or holding of

21

food is in violation of this subchapter or department

22

regulations.

23

(b)  Report of inspection.--Upon completion of an inspection

24

of a factory, warehouse or other food establishment and prior to

25

leaving the premises, the secretary shall give to the owner,

26

operator or agent in charge a written report of the findings of

27

the inspection.

28

(b.1)  Interagency coordination.--The department shall share

29

inspection reports or tests results that indicate human illness

30

related to food consumption or food handling practices, or to

- 36 -

 


1

other threats to the safety of the food supply, with the

2

Department of Health, the Department of Environmental Protection

3

or any other Commonwealth agency as necessary to develop a

4

comprehensive, coordinated interagency approach to protecting

5

public health and safeguarding the food supply.

6

(c)  Collection of samples.--During an inspection of a

7

factory or other food establishment where food is manufactured,

8

processed, packed, stored or offered for sale, the secretary may

9

obtain a sample of any food for such analysis as is necessary to

10

determine compliance with this subchapter.

11

(d)  Receipt for samples.--If the secretary has obtained any

12

sample in the course of the inspection, the secretary shall,

13

upon completion of the inspection and prior to leaving the

14

premises, give to the owner, operator or agent in charge a

15

receipt describing the sample obtained.

16

(e)  Payment of samples.--The food establishment from which

17

samples are collected may bill the secretary for the fair market

18

value of the samples.

19

§ 5733.  Rules and regulations.

20

(a)  Nature of rules.--The secretary shall be charged with

21

the enforcement of this subchapter and shall promulgate rules,

22

regulations and food standards necessary for its proper

23

enforcement. The rules, regulations and food standards shall

24

conform and shall be construed to conform with the purposes

25

expressed in section 5736 (relating to construction of

26

subchapter).

27

(b)  Local inspection.--Nothing in this subchapter shall

28

prohibit any county, city, borough, incorporated town or

29

township which was licensing food establishments in accordance

30

with the act of April 21, 1949 (P.L.665, No.155), known as the

<--

- 37 -

 


1

First Class City Home Rule Act, or the act of August 24, 1951

2

(P.L.1304, No.315), known as the Local Health Administration

3

Law, on September 2, 1994, from continuing to license such food

4

establishments in accordance with the First Class City Home Rule

<--

5

Act or the Local Health Administration Law. No county, city,

6

borough, incorporated town or township shall ordain or enforce

7

requirements of any kind or description with respect to food

8

establishments related to sanitation, food safety, inspections,

9

standards and labeling other than those promulgated by the

10

secretary in accordance with this subchapter or adopted in

11

accordance with subsection (f).

12

(c)  Reciprocal inspection.--The secretary is authorized to

13

enter into reciprocal agreements with other jurisdictions to

14

ensure inhabitants of this Commonwealth that food sold in this

15

Commonwealth complies with this subchapter and its regulations.

16

The agreements may be for reciprocal inspection and labeling

17

review. The secretary may approve or accept inspection and

18

labeling requirements of other jurisdiction with respect to

19

food.

20

(d)  Uniform regulation.--In reaching reciprocal agreements

21

with other jurisdictions, the provisions of this subchapter and

22

its regulations shall be considered as establishing uniform

23

requirements and regulations for food establishments throughout

24

this Commonwealth as defined in section 5722 (relating to

25

definitions).

26

(e)  Interagency agreements.--Nothing in this subchapter

27

shall prohibit a Commonwealth agency which is regulating and

28

inspecting retail food facilities in accordance with Subchapter

29

A (relating to retail food facility safety) from continuing to

30

regulate and inspect retail food facilities in accordance with

- 38 -

 


1

Subchapter A.

2

(f)  Adoption of Federal regulations.--All regulations and

3

supplements thereto or revisions thereof adopted under the

4

Federal acts which relate to food on, before or after the

5

effective date of this subchapter are adopted as regulations in

6

this Commonwealth and shall remain in effect unless subsequently

7

modified or superseded by regulations promulgated by the

8

secretary.

9

(g)  Water standards.--If a food establishment uses or

10

supplies water for human consumption, the water shall be in

11

compliance with the primary and secondary Maximum Contaminant

12

Levels (MCL), treatment techniques and Maximum Residual

13

Disinfectant Levels (MRDL) required by the act of May 1, 1984

14

(P.L.206, No.43), known as the Pennsylvania Safe Drinking Water

15

Act, and its attendant regulations.

16

(h)  Definitions.--As used in this section, the phrase "other

17

jurisdictions" shall mean the United States of America or any

18

state, territory or possession thereof or any other country.

19

§ 5734.  Registration of food establishments.

20

(a)  General rule.--Subject to the rules and regulations

21

adopted by the secretary, it shall be the duty of every person

22

operating a food establishment within this Commonwealth to

23

register with the secretary as a food establishment. This

24

registration requirement shall not be construed to exempt food

25

establishments from licensing requirements of any county, city,

26

borough, incorporated town or township in accordance with the

<--

27

act of April 21, 1949 (P.L.665, No.155), known as the First

28

Class City Home Rule Act, or the act of August 24, 1951

29

(P.L.1304, No.315), known as the Local Health Administration

30

Law.

- 39 -

 


1

(b)  Application.--The application for registration shall be

2

made on a form to be supplied by the secretary upon request of

3

the applicant.

4

(c)  Fee.--The registration fee shall be $35 per food

5

establishment per year.

6

(d)  Exception.--Vehicles used primarily for the

7

transportation of any consumer commodity in bulk or quantity to

8

manufacturers, packers, processors or wholesale or retail

9

distributors are exempt from the provisions of this section.

10

(e)  Single food establishment.--For purposes of this

11

section, food establishments which are located at the same

12

address and operated by the same person shall be deemed to be a

13

single food establishment.

14

§ 5735.  Product registration.

15

The secretary may promulgate regulations allowing food

16

establishments to label their food products as having been

17

registered by the department. "Reg. Penna. Dept. Agr." shall be

18

the approved abbreviation. This registration label shall be

19

limited to food products prepared or packed in a food

20

establishment registered under section 5734 (relating to

21

registration of food establishments).

22

§ 5736.  Construction of subchapter.

23

(a)  General rule.--The provisions of this subchapter and the

24

regulations promulgated under this subchapter shall be construed

25

in a manner that is consistent with the Federal acts and

26

regulations promulgated under those acts. The secretary shall

27

not ordain or enforce requirements relating to sanitation, food

28

safety, food standards and labeling requirements of any kind or

29

description other than those provided for in the Federal acts

30

unless the proposed regulation meets all of the following:

- 40 -

 


1

(1)  is justified by compelling and unique local

2

conditions;

3

(2)  protects an important public interest that would

4

otherwise be unprotected;

5

(3)  relates to subject matter that is primarily local in

6

nature and the Federal agency with responsibility over the

7

subject matter is not exercising its jurisdiction with

8

respect to the subject matter;

9

(4)  would not cause a food to be in violation of any

10

applicable requirements under the Federal acts; and

11

(5)  would not unduly burden interstate commerce.

12

(b)  Secretary to participate in rulemaking.--The secretary

13

is encouraged to participate in rulemaking under the Federal

14

acts and, if necessary, to pursue Federal rulemaking as is

15

deemed necessary for the protection of the citizens of this

16

Commonwealth through the Federal petition and rulemaking

17

process.

18

§ 5737.  Acts not affected.

19

Nothing in this subchapter shall be construed to abrogate or

20

supersede any provision or regulation adopted under:

21

(1)  The act of July 2, 1935 (P.L.589, No.210), referred

22

to as the Milk Sanitation Law, the act of August 8, 1961

23

(P.L.975, No.436), referred to as the Milk Adulteration and

24

Labeling Act, and the act of September 1, 1965 (P.L.420, No.

25

215), known as The Frozen Dessert Law.

26

(2)  The act of August 24, 1951 (P.L.1304, No.315), known

<--

27

as the Local Health Administration Law, with regard to

28

licensure, regulation and inspection of a public eating or

29

drinking place, as defined in section 5702 (relating to

30

definitions), which is not a food establishment under this

- 41 -

 


1

subchapter.

2

(3) (2)  Subchapter A (relating to retail food facility

<--

3

safety).

4

Section 1.1.  Chapters 59 and 61 of Title 3 are repealed:

<--

5

[CHAPTER 59

6

ORGANIC FOODS

7

Sec.

8

5901.  Short title of chapter.

9

5902.  Declaration of policy.

10

5903.  Definitions.

11

5904.  Organic certification.

12

5905.  Crop production practices and materials.

13

5906.  Animal production practices and materials.

14

5907.  Producer statement.

15

5908.  Rules and regulations.

16

5909.  Violations.

17

§ 5901.  Short title of chapter.

18

This chapter shall be known and may be cited as the Organic

19

Food Products Standards Act.

20

§ 5902.  Declaration of policy.

21

The General Assembly finds and declares as follows:

22

(1)  A public benefit will be achieved by establishing

23

standards for agricultural products marketed, labeled and

24

advertised using the term "organic" or a derivative of the

25

term "organic." Standards facilitate the development of

26

intrastate and interstate markets for organically produced

27

agricultural products by providing a clear, uniform

28

definition for farmers, food processors, food distributors

29

and consumers alike.

30

(2)  It is intended that private certifying agents be

- 42 -

 


1

recognized by the department to determine whether food

2

products marketed, labeled and advertised as organic conform

3

to standards set forth in the Organic Foods Production Act of

4

1990 (Public Law 101-624, 104 Stat. 3935).

5

§ 5903.  Definitions.

6

The following words and phrases when used in this chapter

7

shall have the meanings given to them in this section unless the

8

context clearly indicates otherwise:

9

"Agricultural product."  Any agricultural commodity or

10

product, whether in raw or prepared form, including any

11

commodity or product derived from livestock that is intended for

12

human or livestock consumption or seed.

13

"Distribute."  To offer for sale, sell, barter, process or

14

otherwise supply agricultural products.

15

"Distributor."  Any person who sells agricultural products to

16

consumers or other distributors. The term does not include final

17

retailers of agricultural products that do not process

18

agricultural products.

19

"Organic certification agent or agency."  Private individuals

20

or organizations residing or doing business in this Commonwealth

21

who are certified by the Secretary of the United States

22

Department of Agriculture as capable of inspecting farms and

23

food distributor operations to determine whether the farms and

24

food distributor operations conform with standards set forth in

25

the Organic Foods Production Act of 1990 (Public Law 101-624,

26

104 Stat. 3935).

27

"Organically produced."  Any agricultural product that is

28

produced and distributed in accordance with this chapter.

29

"Producer."  Any person that grows, raises, processes or

30

produces an agricultural product and distributes the

- 43 -

 


1

agricultural product as organically produced.

2

"USDA."  The United States Department of Agriculture.

3

§ 5904.  Organic certification.

4

(a)  General rule.--The department shall designate one or

5

more organic certification agents or agencies to certify

6

organically produced agricultural products in accordance with

7

this chapter.

8

(b)  Eligibility for services or certification.--An organic

9

certification agent or agency may not refuse services or

10

certification to a person who meets all of the following

11

requirements:

12

(1)  The person has met certification requirements for

13

agricultural products.

14

(2)  The person has paid certification fees.

15

(c)  USDA seal.--Producers and distributors certified by a

16

recognized organic certification agent or agency may incorporate

17

the USDA seal in the label design of their agricultural product.

18

(d)  Records.--Each organic certification agent or agency

19

designated by the department shall maintain detailed and

20

verifiable records on each producer certified for a period of

21

ten years.

22

(e)  Proposed regulations.--Organic certification agents or

23

agencies may submit proposed regulations to the department.

24

§ 5905.  Crop production practices and materials.

25

(a)  Seeds and seedlings.--To be certified under this

26

chapter, producers shall not apply materials to or engage in

27

practices on seeds or seedlings that are contrary to or

28

inconsistent with USDA standards or this chapter.

29

(b)  Soil additives.--To be certified under this chapter,

30

producers shall not:

- 44 -

 


1

(1)  Use any fertilizers containing synthetic ingredients

2

or any commercially blended fertilizers containing materials

3

prohibited under the Organic Foods Production Act of 1990

4

(Public Law 101-624, 104 Stat. 3935) or this chapter.

5

(2)  Use phosphorus, lime or potash as a source of

6

nitrogen.

7

(c)  Crop management.--To be certified under this chapter,

8

producers shall not:

9

(1)  Use natural poisons such as arsenic or lead salts

10

that have long-term effects and persist in the environment,

11

as determined by the department.

12

(2)  Use plastic mulches unless the mulches are removed

13

at the end of each growing or harvest season.

14

(3)  Use transplants that are treated with any synthetic

15

or prohibited material.

16

§ 5906.  Animal production practices and materials.

17

(a)  Livestock in general.--Any livestock that is to be

18

slaughtered and sold or labeled as organically produced shall be

19

raised in accordance with this chapter.

20

(b)  Breeder stock.--Breeder stock may be purchased from any

21

source if the stock is not in the last third of gestation.

22

(c)  Practices.--In order for livestock to be certified as

23

organically produced under this chapter producers shall not:

24

(1)  Feed the livestock feed other than organically

25

produced feed that meets the requirements of this chapter.

26

(2)  Use the following feed:

27

(i)  Plastic pellets for roughage.

28

(ii)  Manure refeeding.

29

(iii)  Feed formulas containing urea.

30

(3)  Use growth promoters and hormones on livestock,

- 45 -

 


1

whether implanted, ingested or injected, including

2

antibiotics and synthetic trace elements used to stimulate

3

growth or production of the livestock.

4

(d)  Livestock health care.--In order for livestock to be

5

certified as organically produced under this chapter, producers

6

shall not:

7

(1)  Use subtherapeutic doses of antibiotics.

8

(2)  Use synthetic internal parasiticides on a routine

9

basis.

10

(3)  Administer medication, other than vaccinations, in

11

the absence of illness.

12

(e)  Additional standards.--

13

(1)  With the exception of day-old poultry, all poultry

14

from which meat or eggs will be sold or labeled as

15

organically produced shall be raised and handled in

16

accordance with this chapter prior to and during the period

17

in which the meat or eggs are sold.

18

(2)  A dairy animal from which milk or milk products will

19

be distributed as organically produced shall be raised in

20

accordance with this chapter for a period of not less than

21

the 12 months immediately prior to the sale of the milk or

22

milk products.

23

(f)  Livestock identification.--

24

(1)  To be certified under this chapter, producers must

25

keep adequate records and maintain a detailed, verifiable

26

audit trail so that each animal or, in the case of poultry,

27

each flock can be traced back to the producer.

28

(2)  In order to carry out the requirements of paragraph

29

(1), each producer must keep accurate records on each animal

30

or, in the case of poultry, each flock, including amounts and

- 46 -

 


1

sources of all medications administered and all feeds and

2

feed supplements bought and fed.

3

§ 5907.  Producer statement.

4

A producer shall not sell to a distributor any agricultural

5

product which the producer represents as an organically produced

6

agricultural product unless the producer received certification

7

from an organic certification agency or agent prior to the sale.

8

§ 5908.  Rules and regulations.

9

(a)  Adoption.--The department shall adopt rules and

10

regulations in conformity with the act of June 25, 1982

11

(P.L.633, No.181), known as the Regulatory Review Act, and the

12

Organic Foods Production Act of 1990 (Public Law 101-624, 104

13

Stat. 3935) as the department believes are appropriate for the

14

administration of this chapter.

15

(b)  Prohibited substances.--Whenever the department believes

16

it appropriate to protect the interests of consumers of

17

organically produced agricultural products, the department may,

18

by regulation and in accordance with the Regulatory Review Act,

19

add to the list of prohibited substances under this chapter.

20

§ 5909.  Violations.

21

The department shall issue orders to producers or

22

distributors found violating any provision of this chapter or

23

rules or regulations adopted under this chapter to cease their

24

violations and desist from future violations. The organic

25

certification agencies, the producers and the distributors shall

26

report to the department any violations of this chapter of which

27

they are aware. Whenever the department finds that a producer or

28

distributor has committed a violation, the department shall

29

impose upon and collect from the violator a civil fine not

30

exceeding the total of the following amounts:

- 47 -

 


1

(1)  The Commonwealth's estimated costs of investigating

2

and taking appropriate administrative and enforcement actions

3

in respect to the violation.

4

(2)  $1,000.

5

CHAPTER 61

6

MAPLE PRODUCTS

7

Sec.

8

6101.  Short title of chapter.

9

6102.  Declaration of policy.

10

6103.  Definitions.

11

6104.  License.

12

6105.  Registration.

13

6106.  Enforcement.

14

6107.  Requirements and grades.

15

6108.  Prohibited acts.

16

6109.  Labeling of maple products.

17

6110.  Detained food.

18

6111.  Manufacturing and marketing practices.

19

6112.  Penalties.

20

§ 6101.  Short title of chapter.

21

This chapter shall be known and may be cited as the Maple

22

Products Act.

23

§ 6102.  Declaration of policy.

24

The maple industry constitutes an important part of the

25

economy of this Commonwealth. Therefore, the purpose of this

26

chapter is to preserve and foster growth in maple products for

27

producers and ensure the quality of maple products of this

28

Commonwealth for the consumer by establishing reasonable

29

standards of identity and quality for maple products.

30

§ 6103.  Definitions.

- 48 -

 


1

The following words and phrases when used in this chapter

2

shall have the meanings given to them in this section unless the

3

context clearly indicates otherwise:

4

"Advertisement."  Any method used to call public attention to

5

a product for the specific purpose of inducing a desire to

6

purchase that product. The term includes, but is not limited to,

7

signs, displays, radio and television broadcasts, newspapers and

8

periodicals, direct mail and other printed forms.

9

"Brix."  A scale used to measure sugar solutions so graduated

10

that its readings at a specified temperature represent

11

percentages by weight of sugar in the solution.

12

"Bulk maple syrup."  Maple syrup packed in containers of more

13

than five gallons.

14

"Damaged maple syrup."  A maple syrup which has color,

15

appearance, flavor, aroma, edibility or shipping quality which

16

has been adversely affected by contamination of sap or syrup

17

with biological, chemical, buddy or particulate matter.

18

"Dealer," "packer" or "reprocessor."  A person who annually

19

purchases, produces or otherwise acquires from another person or

20

persons at least 1,000 gallons of maple syrup for the purposes

21

of packaging for resale or for the purposes of resale in bulk.

22

"Food establishment."  Shall have the meaning given to it in

23

the act of July 7, 1994 (P.L.421, No.70), known as the Food Act.

24

"Grade."  The standards for maple syrup or maple sugar

25

promulgated through regulations of the department as the

26

official grades of maple syrup or maple sugar for this

27

Commonwealth.

28

"Hydrometer."  A floating instrument which measures the

29

specific gravities of liquid solutions and which contains a

30

scale designed to determine the density of maple sap or maple

- 49 -

 


1

syrup.

2

"Inspector."  A person with knowledge of the maple syrup

3

industry designated by the Department of Agriculture to carry

4

out the duties described in this chapter.

5

"Maple products."  Maple syrup, maple sugar, maple cream or

6

any other product in which the sugar content is entirely derived

7

from pure maple sap and to which nothing has been added unless

8

allowed under section 6107 (relating to requirements and

9

grades).

10

"Maple sap."  The unprocessed liquid derived from the maple

11

tree.

12

"Maple sugar."  The solid, crystalline product of maple sap.

13

"Maple syrup."  The liquid derived by concentration and heat

14

treatment of maple sap.

15

"Maple syrup confectionery."  A product consisting of maple

16

syrup and other food products that does not contain artificial

17

flavors or colors.

18

"Packaged maple syrup."  Maple syrup packed in containers of

19

five gallons or less.

20

"Producer."  A person who collects maple sap for the

21

production of maple syrup or maple products for sale in retail

22

or wholesale markets.

23

§ 6104.  License.

24

(a)  General rule.--A person may not purchase, produce or

25

otherwise acquire 1,000 gallons of maple syrup or more annually

26

for the purposes of packaging for sale or resale or for the

27

purposes of sale or resale in bulk without possessing a current

28

valid dealer's license issued by the department or a current

29

valid registration as a food establishment issued by the

30

department under the act of July 7, 1994 (P.L.421, No.70), known

- 50 -

 


1

as the Food Act.

2

(b)  Optional licensure.--A person who purchases, produces or

3

otherwise acquires less than 1,000 gallons of maple syrup

4

annually for the purposes of packaging for sale or resale or for

5

the purposes of sale or resale in bulk may apply for and be

6

issued a dealer's license by the department. A person who is

7

licensed pursuant to this subsection shall be subject to the

8

same requirements applicable to a person licensed pursuant to

9

subsection (a).

10

(c)  Application for license.--A person seeking to be

11

licensed pursuant to either subsection (a) or (b) shall apply on

12

or before December 31 for a license for the succeeding year. The

13

application shall be on a form prescribed by the department and,

14

together with any other information which the department may

15

require, shall include:

16

(1)  The name and address of the applicant or, if the

17

applicant is an association or partnership, the name and

18

address of each member of the association or partnership or,

19

if the applicant is a corporation, the name and address of

20

each officer of the corporation.

21

(2)  The name and address of the person, if other than

22

the applicant, whose name will appear on the label of any

23

maple product which the person intends to sell.

24

(3)  The location of all places at which the applicant

25

intends to do business.

26

(d)  Issuance of license.--Except as provided in subsection

27

(e), the department shall issue a dealer's license to a person

28

who submits a completed application pursuant to subsection (c)

29

and pays the annual license fee of $35. A person who pays the

30

annual registration fee pursuant to section 14(c) of the Food

- 51 -

 


1

Act shall not be subject to the license fee imposed by this

2

subsection.

3

(e)  Right to refuse, suspend or revoke license.--The

4

department may refuse to issue a license or may suspend or

5

revoke a previously issued license if the department determines

6

that the applicant or licensee has done any of the following:

7

(1)  Failed to provide any information which the

8

department has reasonably requested.

9

(2)  Made a false or misleading statement in the

10

application for a license or the renewal of a license.

11

(3)  Committed an act prohibited under section 6108

12

(relating to prohibited acts).

13

(f)  Appeals.--Any person refused a license or a license

14

renewal or any person whose license is suspended or revoked may

15

appeal the refusal, suspension or revocation in accordance with

16

Title 2 (relating to administrative law and procedure).

17

§ 6105.  Registration.

18

Subject to regulations promulgated by the department, a

19

licensee may label a maple product as having been registered by

20

the department. "Reg. Penna. Dept. Agr." shall be the approved

21

abbreviation.

22

§ 6106.  Enforcement.

23

(a)  General rule.--A maple product shall be subject to the

24

act of July 7, 1994 (P.L.421, No.70), known as the Food Act, and

25

the regulations promulgated under that act, except to the extent

26

that this chapter or the regulations promulgated under this

27

chapter are inconsistent with those statutes and regulations.

28

(b)  Inspectors.--Inspectors shall have the power and duty

29

to:

30

(1)  Administer and enforce the provisions of this

- 52 -

 


1

chapter.

2

(2)  Periodically inspect dealers, producers and other

3

food establishments for compliance with this chapter. An

4

inspector may enter upon any public or private premises

5

during hours of their operation and other reasonable times

6

without prior notice to inspect, conduct tests, collect

7

samples and examine records as he considers necessary to

8

determine compliance with this chapter.

9

(c)  Regulations.--The department shall promulgate such

10

regulations as are necessary to carry out this chapter.

11

§ 6107.  Requirements and grades.

12

(a)  General rule.--

13

(1)  A food product shall not be described as "maple" or

14

"maple flavored" unless it contains maple syrup as the sole

15

source of maple flavor and color, provided that a food

16

product which contains maple syrup as the sole source of

17

maple flavor but which is artificially colored may be

18

described as "maple flavored, artificially colored."

19

(2)  No person shall sell or offer for sale in this

20

Commonwealth maple syrup which does not comply with the

21

grades, density, flavor and other requirements of this

22

section.

23

(b)  Processing.--Maple syrup shall not be processed in any

24

manner which adds or removes naturally occurring soluble

25

materials. This limitation shall not preclude the use of

26

approved filter aids used for the sole purpose of assisting the

27

removal of suspended material or the use of defoaming agents

28

approved by the department.

29

(c)  Ingredients.--The only ingredients which may be added to

30

maple sap in the production of maple syrup are:

- 53 -

 


1

(1)  Salt.

2

(2)  Chemical preservatives and defoaming agents approved

3

under the Federal Food, Drug, and Cosmetic Act (52 Stat.

4

1040, 21 U.S.C. § 301 et seq.).

5

(d)  Density.--

6

(1)  Unless otherwise established by regulations

7

promulgated by the department, the minimum density of maple

8

syrup shall be 66 degrees Brix at 60 degrees Fahrenheit.

9

(2)  Except as provided in paragraph (3), no person shall

10

place maple syrup in retail or wholesale containers if it

11

does not comply with the density standards of this chapter or

12

sell, exchange, offer for sale or expose for sale packaged

13

maple syrup which does not meet the density requirements of

14

this chapter.

15

(3)  If the density of bulk maple syrup does not exceed

16

the minimum density set forth in paragraph (1), the container

17

shall be conspicuously marked:

18

NOTICE

19

The syrup in this container has a density of (number)

20

degrees Brix at 60 degrees Fahrenheit.

21

(e)  Labeling.--

22

(1)  Packaged maple syrup shall be conspicuously labeled

23

as to grade at the time of packaging.

24

(2)  Packaged maple syrup shall be labeled in accordance

25

with department requirements.

26

(3)  Maple products labeled as "organic" shall comply

27

with organic food labeling laws.

28

(4)  A product or package containing a product made by

29

combining maple sap, maple sugar or maple syrup with any

30

other sugar or other substance shall be clearly and

- 54 -

 


1

conspicuously marked as to indicate the accurate and

2

descriptive name of the added substance and the amount of

3

maple sugar, maple syrup or other substance contained in the

4

product.

5

(5)  A product or package containing a product made by

6

using an artificial maple flavoring or artificial coloring

7

shall be clearly and conspicuously marked "artificially

8

flavored" or "artificially colored," as the case may be.

9

(f)  Grade.--Unless otherwise established by regulations

10

promulgated by the department, the grades of maple syrup shall

11

be as follows:

12

(1)  "Grade A Light Amber" shall have a color no darker

13

than the United States Department of Agriculture's visual

14

color standard of light amber and a delicately sweet,

15

original maple flavor characteristic of a light amber maple

16

syrup. Light amber maple syrup shall be free of sugar

17

crystals and shall not be damaged in any way.

18

(2)  "Grade A Medium Amber" shall have a color no darker

19

than the United States Department of Agriculture's visual

20

color standard of medium amber and a flavor which is more

21

pronounced than that of light amber but which is not strong

22

or unpleasant and is characteristic of medium amber maple

23

syrup. Medium amber maple syrup shall be free of sugar

24

crystals and shall not be damaged in any way.

25

(3)  "Grade A Dark Amber" shall have a color no darker

26

than the United States Department of Agriculture's visual

27

color standard of dark amber and a flavor which is stronger

28

than that of medium amber but which is not sharp, bitter,

29

buddy or off-flavor and is characteristic of dark amber. Dark

30

amber maple syrup shall be free of sugar crystals and shall

- 55 -

 


1

not be damaged in any way.

2

(4)  "Grade B" shall have a color darker than the United

3

States Department of Agriculture's visual color standard of

4

dark amber which nonetheless permits light transmission

5

through standard comparator containers and a flavor which is

6

stronger than that of medium amber but which is not sharp,

7

bitter, buddy or off-flavor and is characteristic of dark

8

amber. Grade B maple syrup shall be free of sugar crystals

9

and shall not be damaged in any way.

10

(5)  "Grade C" shall be any maple syrup which does not

11

meet the grade standards for Grade A light, medium or dark or

12

Grade B maple syrup. Grade C maple syrup shall not be

13

packaged for retail or wholesale sales except for sale

14

directly between the producer and the consumer.

15

(g)  Hydrometers.--The department shall promulgate

16

regulations to establish standards for hydrometers used to

17

determine the density of maple sap or maple syrup. The

18

regulations shall include a procedure for certifying the

19

accuracy of hydrometers.

20

§ 6108.  Prohibited acts.

21

The following acts are prohibited:

22

(1)  Manufacture, sale, delivery, consignment, bailment,

23

holding or offering for sale of any maple product that is

24

adulterated or misbranded, except where a person in good

25

faith delivers or offers to deliver the food and furnishes

26

shipping documents to the department.

27

(2)  Knowing receipt or delivery or offer to receive or

28

deliver in commerce any maple product which is adulterated or

29

misbranded, for pay or otherwise.

30

(3)  Sale, delivery for sale, holding for sale or

- 56 -

 


1

offering for sale any maple product in violation of the

2

provisions of this chapter.

3

(4)  Refusal to permit entry to and inspection of a food

4

establishment during normal business hours.

5

(5)  Refusal to permit the taking of samples or copying

6

of records related to the production, distribution or sale of

7

maple products.

8

(6)  Removal or disposal of a detained or embargoed maple

9

product in violation of this chapter.

10

(7)  Failure to acquire a license if required by this

11

chapter.

12

(8)  Alteration, mutilation, destruction, obliteration or

13

removal, in whole or in part, of a maple product label while

14

the product is held for sale if, as a result, the maple

15

product is adulterated or misbranded.

16

(9)  Forging, counterfeiting, simulating, falsely

17

representing or using without proper authority any mark,

18

stamp, tag, label or other identification device authorized

19

or required by this chapter or by regulations promulgated

20

pursuant to this chapter.

21

§ 6109.  Labeling of maple products.

22

Any syrup, confection or product containing maple syrup and

23

artificial ingredients shall have all artificial ingredients

24

clearly identified on the label. Any syrup, confection or

25

product not containing maple syrup or maple products shall not

26

be labeled as a maple syrup or maple product or maple.

27

§ 6110.  Detained food.

28

If the department has probable cause to believe that a maple

29

product is adulterated or misbranded, the maple product shall be

30

detained and subsequently disposed of in accordance with the act

- 57 -

 


1

of July 7, 1994 (P.L.421, No.70), known as the Food Act, and the

2

regulations promulgated under that act.

3

§ 6111.  Manufacturing and marketing practices.

4

(a)  Water supply.--The water supply used in the processing

5

of maple products shall be potable, sufficient for the

6

operations intended and derived from an adequate source. Private

7

water supplies shall be tested annually no more than 30 days

8

before the start of any operations.

9

(b)  Physical structure of facilities.--Floors, walls and

10

ceilings of food establishments in which maple products are

11

processed or packaged shall be in good repair and properly

12

cleaned. Drip and condensate from fixtures, ducts and pipes

13

shall not contaminate food, food contact surfaces or food

14

packaging materials.

15

(c)  Lighting.--Adequate lighting shall be provided in food

16

establishments in which maple products are processed or

17

packaged. Food shall be protected against contamination in case

18

of glass breakage.

19

(d)  Ventilation.--Adequate ventilation shall be provided in

20

food establishments in which maple products are processed or

21

packaged to minimize vapors, including steam, in areas where

22

they may contaminate food. Screens or other means shall be

23

provided where necessary to prevent pests from entering the

24

establishment.

25

(e)  Pest control.--The use of insecticides, rodenticides and

26

other pest control measures shall be permitted in food

27

establishments in which maple products are processed or packaged

28

only under such precautions and restrictions as will prevent

29

contamination of food, food contact surfaces and food packaging

30

materials.

- 58 -

 


1

(f)  Personal sanitation.--Proper sanitary practices shall be

2

followed in food establishments in which maple products are

3

processed or packaged. Toilet facilities shall be available. No

4

licensee, employee or other person shall use tobacco in the

5

establishment or while in contact with food or equipment.

6

Licensees, employees and other persons in such establishment

7

shall be free of communicable diseases and shall wear clean

8

outer garments which will not contribute to the contamination of

9

the maple product.

10

(g)  Cleaning equipment.--An effective cleaning schedule

11

shall be maintained at all times for a food establishment in

12

which maple products are processed or packaged. All equipment

13

and utensils shall be maintained in good repair. At the end of

14

the season, equipment and lines shall be thoroughly cleaned with

15

an approved sanitizing agent. Filtering, bottling and canning

16

operations shall be performed according to established maple

17

industry standards.

18

(h)  Storage.--Facilities for storage of maple products shall

19

be maintained in a clean and dry condition. All maple products

20

which are not bottled or canned shall be adequately protected

21

and covered to prevent contamination and adulteration. Products

22

shall be stored off the floor and away from walls. All packaged

23

products shall be stored in an acceptable sanitary manner. All

24

containers and equipment associated with the production of maple

25

products shall be maintained and stored in an acceptable

26

sanitary manner.

27

(i)  Toxic items.--Toxic cleaning compounds, sanitizing

28

agents and pesticide chemicals used in or in conjunction with a

29

food establishment in which maple products are processed or

30

packaged shall be identified, held and stored in a manner that

- 59 -

 


1

protects against contamination of food, food contact surfaces or

2

food packaging materials.

3

(j)  Containers.--In addition to any other information

4

required by the provisions of this chapter or by the regulations

5

promulgated pursuant to this chapter, the label on a container

6

of maple syrup shall convey information to the consumer to

7

adequately protect the maple syrup from deterioration, if any,

8

which could reasonably be expected to result from the container.

9

§ 6112.  Penalties.

10

(a)  Criminal penalties.--A person who violates any provision

11

of this chapter or any rule, regulation, standard or order made

12

under this chapter commits a summary offense for the first or

13

second offense. A person who violates any provision of this

14

chapter or any rule, regulation, standard or order made under

15

this chapter commits a misdemeanor of the third degree if the

16

violation is a third or subsequent offense and if the violation

17

occurs within two years of the date of the last previous

18

offense.

19

(b)  Civil penalties.--In addition to proceeding under any

20

other remedy available at law or in equity for a violation of

21

this chapter or a regulation promulgated under this chapter, the

22

secretary may assess a civil penalty not to exceed $10,000 upon

23

a person who knowingly and intentionally violates section 6104

24

(relating to license), 6105 (relating to registration), 6107

25

(relating to requirements and grades), 6108 (relating to

26

prohibited acts), 6109 (relating to labeling of maple products),

27

6110 (relating to detained food) or 6111 (relating to

28

manufacturing and marketing practices) or any regulation or

29

order promulgated pursuant to those sections.]

30

Section 2.  Sections 6502, 6503 and 6504 of Title 3 are

- 60 -

 


1

amended to read:

2

§ 6502.  Definitions.

3

The following words and phrases when used in this chapter

4

shall have the meanings given to them in this section unless the

5

context clearly indicates otherwise:

6

["Advisory board" or "board."  The Food Employee

7

Certification Advisory Board.]

8

"Certificate."  A certificate of completion issued by a

9

certification program that has been evaluated and listed by an

10

accrediting agency that has been recognized by the Conference

11

for Food Protection Standards for Accreditation of Food

12

Protection Manager Certification Program.

13

"Conference for Food Protection."  An independent, national

14

voluntary nonprofit organization to promote food safety and

15

consumer protection. Participants in this organization include

16

Federal, State and local regulatory agencies, universities, test

17

providers, certifying organizations, consumer groups, food

18

service and retail store trade associations and retail food

19

facility operators. The objectives of the organization include

20

identifying and addressing food safety problems and promoting

21

uniformity of regulations in food protection.

22

"Employee."  As defined under section 5702 (relating to

23

definitions).

24

"Food establishment."  [A room, building, place or portion

25

thereof or vehicle maintained, used or operated for the purpose

26

of selling to the public, commercially storing, packaging,

27

making, cooking, mixing, processing, bottling, baking, canning,

28

freezing, packing or otherwise preparing, transporting or

29

handling food. The term includes retail food stores and public

30

eating and drinking licensees, except those portions of

- 61 -

 


1

establishments operating exclusively under milk or milk products

2

permits and those portions of establishments operating

3

exclusively under USDA inspection. The term does not include

4

dining cars operated by a railroad company in interstate

5

commerce or a bed and breakfast, homestead or inn as defined in

6

the act of May 23, 1945 (P.L.926, No.369), referred to as the

7

Public Eating and Drinking Place Law.] As defined in section

8

5722 (relating to definitions).

9

"Organized camp."  As defined in section 5702 (relating to

10

definitions).

11

"Person in charge."  As defined in section 5702 (relating to

12

definitions).

13

"Potentially hazardous food."  As defined in section 5722 

<--

14

5702 (relating to definitions). [A food which consists in whole

<--

15

or in part of milk or milk products, eggs, meats, poultry, fish,

16

shellfish, edible crustaceans or other ingredients, including

17

synthetic ingredients, and which is in a form capable of

18

supporting rapid and progressive growth of infectious or

19

toxicogenic microorganisms. The term does not include foods that

20

have a pH level of 4.6 or below or a water activity of 0.85 or

21

less under standard conditions or food products in hermetically

22

sealed containers processed to maintain commercial sterility.]

23

"Proprietor."  As defined in section 5702 (relating to

<--

24

definitions).

25

"Public eating [and] or drinking place."  A public eating or

26

drinking place as defined in [the act of May 23, 1945 (P.L.926,

27

No.369), referred to as the Public Eating and Drinking Place

28

Law.] section 5702 (relating to definitions).

29

"Retail food establishment."  As defined in section 5702

30

(relating to definitions).

- 62 -

 


1

"Retail food facility."  A public eating or drinking place or

2

a retail food establishment.

3

["Supervisory employee."  An owner or a person employed by or

4

designated by the business owner to fulfill the requirements of

5

this chapter.]

6

§ 6503.  Certification [advisory board and] programs.

7

(a)  [Members of board.--The secretary shall appoint persons

8

to serve as members of the Food Employee Certification Advisory

9

Board. Representatives shall be selected to represent the

10

following groups for a term of two, three or four years to be

11

determined by the secretary:

12

(1)  The chairman and minority chairman of the

13

Agricultural and Rural Affairs Committee of the Senate or

14

their designees and the chairman and minority chairman of the

15

Agricultural and Rural Affairs Committee of the House of

16

Representatives or their designees.

17

(2)  A consumer representative.

18

(3)  The Secretary of Agriculture or the secretary's

19

designee.

20

(4)  Two representatives of production agriculture.

21

(5)  Representatives, including at least one person

22

recommended by each of the following: Pennsylvania

23

Association of Milk Dealers, Pennsylvania Restaurant

24

Association, Pennsylvania Food Merchants Association,

25

Pennsylvania Convenience Store Council, Pennsylvania Bakers

26

Association, Pennsylvania Food Processors Association,

27

National Federation of Independent Businesses, Pennsylvania

28

Petroleum Marketers & Convenience Store Association, Local

29

1776 UFCW, Pennsylvania Retailers Association, the Licensed

30

Beverage Association, Pennsylvania Tourism and Lodging

- 63 -

 


1

Association, Associated Petroleum Industries, Pennsylvania

2

Veterinary Medical Association, County Commissioners

3

Association of Pennsylvania, Pennsylvania League of Cities

4

and Municipalities, Pennsylvania State Association of

5

Boroughs, Pennsylvania State Association of Township

6

Commissioners, Pennsylvania State Association of Township

7

Supervisors and Pennsylvania School Food Service Association.

8

At least one representative shall have experience in the

9

field of public health.] (Reserved).

10

(b)  [Chairman of board.--The secretary or the secretary's

11

designee shall serve as the chairman of the advisory board.] 

12

(Reserved).

13

(c)  Certification programs.--[The advisory board shall

14

review and recommend certification programs submitted by

15

individuals or organizations to ensure adequate training of

16

supervisory employees of food establishments.] The department

17

shall recognize certification programs including examinations

18

developed under those programs that are evaluated and listed by

19

an accrediting agency that has been recognized by the Conference

20

for Food Protection as conforming to the Conference for Food

21

Protection Standards for Accreditation of Food Protection

22

Manager Certification Program.

23

(c.1)  [Other duties.--For the purpose of complying with the

24

requirements of section 6504(g)(1) (relating to certification of

25

employees), the secretary shall convene a meeting of the

26

advisory board no later than March 1, 2003.] (Reserved).

27

(d)  Certification of [supervisory] employees.--[The

28

supervisory employees] An employee shall be certified [by the

29

department] following [the completion of training programs

30

recommended by the advisory board and approved by the

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1

department. The department shall adopt food safety protection

2

and training standards for the certification of supervisory

3

employees who are responsible for the storage, preparation,

4

display or serving of foods to the public in establishments

5

regulated by the department or local health organizations. These

6

standards shall be adopted by the department to ensure that,

7

upon successfully passing a test, the supervisory employee has

8

demonstrated adequate food protection knowledge. These standards

9

shall also provide for a certification program which authorizes

10

private or public agencies to conduct and approve tests and

11

certify the results of these tests to the department. At least

12

one supervisory employee of a food establishment shall have

13

passed the test and received a certificate attesting thereto.

14

Employees shall have a period of 90 days after employment to

15

pass the required test.] demonstration of food safety protection

16

knowledge by the successful completion of an examination

17

conducted by or pursuant to an accredited certification program

18

recognized by the department under subsection (c). A retail food

19

facility shall have a period of three months after licensing

20

under Ch. 57 Subch. A (relating to retail food facility safety)

21

within which to comply with this chapter.

22

(e)  Preemption.--Except as provided in subsection (f), the

23

regulation of food safety protection and training standards for

24

employees of [food establishments] retail food facilities is

25

preempted by the Commonwealth.

26

(f)  Local programs.--Any food employee certification program

27

established by a county, city, borough, incorporated town or

28

township prior to September 1, 1994, may remain in effect.

29

§ 6504.  Certification of employees.

30

(a)  General rule.--[Food establishments shall maintain

<--

- 65 -

 


1

certification records on respective supervisory employees.] Each

2

[food establishment shall employ a person having supervisory

3

authority] retail food facility shall have a person in charge 

4

who holds a valid [department food employee] certificate[.] 

5

present at the retail food facility at all hours of operation.

6

(a.1)  Exemption.--Notwithstanding the provisions of

7

subsection (a), the department shall, by regulation, exempt

8

categories of retail food facilities from the requirement that a

9

certified person in charge be present at all hours of operation.

10

The regulation shall consider risk-based factors identified in

11

the current edition of the Food Code, published by the United

12

States Department of Health, Food and Drug Administration, to

13

identify these categories of retail food facilities.

14

(a.2)  Multiple retail food facilities.--When a proprietor,

15

as defined in section 5702 (relating to definitions), operates

16

more than one retail food facility at the same fair, festival or

17

similar temporary event, only one certified person in charge

18

need be present.

19

(a)  General rule.--[Food establishments shall maintain

<--

20

certification records on respective supervisory employees. Each

21

food establishment shall employ a person having supervisory

22

authority who holds a valid department food employee

23

certificate.] A retail food facility shall have at least one

24

supervisory employee who holds a valid certificate present at

<--

25

the retail food facility or immediately accessible at all hours

26

of operation and who is the person in charge of the retail food

27

facility when physically present and on-duty.

28

(a.1)  Multiple retail food facilities.--

29

(1)  Except as provided under paragraph (2), a person who

30

meets the requirements of subsection (a) may only be the

- 66 -

 


1

required certified supervisory employee for a single retail

<--

2

food facility.

3

(2)  If a proprietor operates more than one retail food

4

facility at a temporary fair, festival or other temporary

5

event, a person who meets the requirements of subsection (a)

6

may be the certified supervisory employee for all of those

<--

7

temporary retail food establishments.

8

(a.2)  Federal recommended standards.--Notwithstanding this

9

chapter, if, after the effective date of this subsection, the

10

Food Code published by the United States Department of Health,

11

Food and Drug Administration recommends that a person in charge

12

hold a certificate or recommends that a certificate holder with

13

supervisory authority be present during hours of operation at a

14

retail food facility, the department shall, by regulation,

15

establish this recommended standard as the standard for retail

16

food facilities.

17

(b)  [Examination.--No certificate shall be issued unless the

18

applicant has successfully completed a training course and

19

passed an examination recommended by the advisory board and

20

approved by the department.] (Reserved).

21

(c)  Compliance.--

22

(1)  (Reserved).

23

(2)  A [food establishment] retail food facility exempt

24

under section 6510(d) (relating to exemptions) may

25

voluntarily seek certification under this section.

26

(3)  Except as provided in section 6510, compliance with

27

this chapter by a [food establishment] retail food facility 

28

shall be mandatory. [by July 1, 2004. Section 6503(e)

29

(relating to certification advisory board and programs) shall

30

not apply to any food establishment prior to July 1, 2004,

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1

unless that food establishment complies with this chapter.]

2

(d)  Employee turnover.--[Food establishments] Retail food

3

facilities which are not in compliance because of employee

4

turnover or other loss of certified [personnel] employees shall

5

have three months from the date of loss of certified [personnel] 

6

employees to comply.

7

(e)  Maintenance and inspection of records.--Names and

8

certificate numbers of certified [personnel] employees shall be

9

maintained at the place of business and shall be made available

10

[for inspection by the department.] to and shall be inspected

11

by:

12

(1)  the department for retail food facilities that are

13

licensed under Subchapter A of Chapter 57 (relating to retail

14

food facility safety) by the department; or

15

(2)  the licensor for retail food facilities that are

16

licensed under Subchapter A of Chapter 57 by a licensor that

17

is not the department.

18

(f)  Period of certification.--Certification shall be in

19

effect for [five years.] the certification interval prescribed

20

by the accredited certification program described in section

21

6503(c) (relating to certification programs). Renewal of

22

certification shall be based on the [completion of courses

23

recommended by the advisory board and approved by the

24

department. The courses shall not include a written

25

examination.] successful completion of the certification

26

requirements of an accredited certification program as described

27

in section 6503(c).

28

(g)  [Training program.--

29

(1)  Training programs to prepare candidates for

30

certification examinations and the administration of the

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1

examination shall be made available throughout this

2

Commonwealth through cooperation with industry and others and

3

approved by the department. In order to meet the requirements

4

of this paragraph, the department shall promulgate

5

regulations with the approval of the board no later than July

6

1, 2004, which establish training programs providing for the

7

following considerations which include:

8

(i)  The existence and operation of a department-

9

approved employee training program on safe food handling

10

conducted by the food establishment.

11

(ii)  The limited handling of potentially hazardous

12

food.

13

(iii)  The number of hours necessary to prepare

14

employees for safe food handling due to the food

15

establishment's scope of business.

16

(iv)  The demonstration of satisfactory knowledge and

17

proficiency in the safe handling of food as approved by

18

the department.

19

(2)  The department shall develop and administer a

20

training program for food establishments voluntarily seeking

21

certification under subsection (c)(2). The General Assembly

22

may appropriate funds to offset the cost of the program for

23

food establishments exempt under section 6510(d).]

24

(Reserved).

25

(h)  [Mitigating factor.--

26

(1)  If a food establishment complies with this chapter,

27

the compliance shall be given appropriate consideration as a

28

mitigating factor in determining if a food establishment

29

shall be assessed more than the minimum fine or civil penalty

30

required by law in any action to recover fines or penalties

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1

for a violation of the act of July 7, 1994 (P.L.421, No.70),

2

known as the Food Act.

3

(2)  This subsection shall expire July 1, 2000.] 

4

(Reserved).

5

Section 3.  Sections 6506 and 6507 of Title 3 are repealed:

6

[§ 6506.  Reciprocal agreements.

7

The department may accept certifications issued in other

8

states that have comparable requirements for certification

9

provided the department and the other state jurisdiction have

10

entered into a reciprocal agreement to accept each state's

11

certification program as meeting the provisions of this chapter.

12

§ 6507.  Suspension of certification.

13

Certification may be suspended or revoked by the department

14

if the holder or person fails to comply with this or other

15

sanitation regulations or the act of May 23, 1945 (P.L.926, No.

16

369), referred to as the Public Eating and Drinking Place Law,

17

or the act of July 7, 1994 (P.L.421, No.70), known as the Food

18

Act. Prior to suspension or revocation, the certificate holder

19

shall be given the opportunity for a hearing before the

20

department.]

21

Section 4.  Section 6508 of Title 3 is amended to read:

22

§ 6508.  Civil penalties.

23

[In] (a)  Retail food facilities licensed by the

24

department.--For retail food facilities licensed under

25

Subchapter A of Chapter 57 (relating to retail food facility

26

safety) by the department, and in addition to proceeding under

27

any other remedy available at law or in equity for a violation

28

of a provision of this chapter or a rule or regulation adopted

29

thereunder or any order issued pursuant thereto, the department

30

may assess a civil penalty not to exceed $300 for the first

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1

offense or not to exceed $1,000 for subsequent offenses upon a

2

person or [food establishment] retail food facility for each

3

offense. No civil penalty shall be assessed unless the person

4

charged has been given notice and opportunity for a hearing on

5

the charge in accordance with law. 

6

(b)  Retail food facilities licensed by other licensor.--For

7

retail food facilities licensed under Subchapter A of Chapter 57

8

by a licensor that is not the department, penalties under this

9

chapter shall be established by the licensor.

10

Section 5.  Section 6509 of Title 3 is repealed:

11

[§ 6509.  Fees.

12

(a)  Change by regulation.--All fees imposed by this chapter

13

shall remain in effect until changed by the department by

14

regulation subject to the act of June 25, 1982 (P.L.633, No.

15

181), known as the Regulatory Review Act. The department shall

16

propose to change those fees by regulation following

17

consultation with the advisory board.

18

(b)  Fee for certification.--The department shall issue or

19

approve the issuance of a certification document to the person

20

upon the successful completion of the approved training program.

21

A fee of $20 shall be charged by the department for this service

22

unless changed by regulation.

23

(c)  Payments to municipalities.--Local health departments

24

created in accordance with the act of August 24, 1951 (P.L.1304,

25

No.315), known as the Local Health Administration Law, may

26

enforce the provisions of this chapter as it pertains to public

27

eating and drinking licensees. Each local health department

28

shall be reimbursed by the department in an amount equal to 50%

29

of the civil penalties levied and collected by the department

30

pursuant to this chapter in each such jurisdiction.]

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1

Section 6.  Sections 6510 and 8101 of Title 3 are amended to

2

read:

3

§ 6510.  Exemptions.

4

(a)  Prepackaged food.--[Food establishments]

5

(1)  Retail food facilities where only commercially

6

prepackaged food is handled and sold are exempt from this

7

chapter.

8

(2)  Retail food facilities that handle and sell food

9

other than commercially prepackaged food are exempt from this

10

chapter during time periods or work shifts when only

11

commercially prepackaged food is sold.

12

(b)  Nonpotentially hazardous food.--[Food establishments]

13

(1)  Retail food facilities that handle only

14

nonpotentially hazardous food are exempt from this chapter.

15

(2)  Retail food facilities that handle and sell

16

potentially hazardous food are exempt from this chapter

17

during time periods or work shifts when only nonpotentially

18

hazardous food is handled and sold.

19

(c)  Food [manufacturing facilities] establishments.--Food

20

[manufacturing facilities which are engaged in the manufacture

21

of prepackaged foods and which do not manufacture potentially

22

hazardous food] establishments are exempt from this chapter.

23

(d)  Exempt [organizations] retail food facilities.--Except

24

as set forth in section 6504(c)(2) (relating to certification of

25

employees), the following [organizations] retail food facilities 

26

are exempt from this chapter:

27

(1)  A [food establishment] retail food facility managed

28

by an organization which is a tax-exempt organization under

29

section 501(c)(3) of the Internal Revenue Code of 1986

30

(Public Law 99-514, 26 U.S.C. § 501(c)(3)).

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1

(2)  A [food establishment] retail food facility managed

2

on a not-for-profit basis by an organization which is a

3

volunteer fire company or an ambulance, religious,

4

charitable, fraternal, veterans, civic, agricultural fair or

5

agricultural association or any separately chartered

6

auxiliary of any of the above associations.

7

(3)  A [food establishment] retail food facility managed

8

by an organization which is established to promote and

9

encourage participation and support for extracurricular

10

recreational activities for youth of primary and secondary

11

public, private and parochial school systems on a not-for-

12

profit basis. This paragraph does not apply to organized

13

camps.

14

§ 8101.  [Farmers' market.

15

For the purpose of section 14(e) of the act of July 7, 1994

16

(P.L.421, No.70), known as the Food Act, any building, structure

17

or place owned, leased or otherwise in possession of a person or

18

municipal corporation or public or private organization, used or

19

intended to be used by two or more farmers or an association of

20

farmers for the purpose of selling food directly to consumers

21

shall be deemed to be a single food establishment.] (Reserved).

22

Section 7.  Except to the extent they are inconsistent with

23

any provision of this act, the rules, regulations and standards

24

adopted by the department prior to the effective date of this

25

act under authority of the statutes repealed in section 4 of

26

this act, shall continue in effect unless subsequently modified

27

or superseded by regulations promulgated by the Secretary of

28

Agriculture of the Commonwealth.

29

Section 8.  Repeals are as follows:

30

(1)  The General Assembly declares as follows:

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1

(i)  The repeal under paragraph (2)(i) is necessary

2

because the fees described in that provision are supplied

3

by 3 Pa.C.S. Ch. 57 Subch. A.

4

(ii)  The repeal under paragraph (2)(ii) is necessary

5

because the material is supplied by 3 Pa.C.S. Ch. 57

6

Subch. A.

7

(iii) The repeal under paragraph (2)(iii) is

8

necessary because the material is supplied by 3 Pa.C.S.

9

Ch. 57 Subch. B.

10

(2)  Repeals are as follows:

11

(i)  Section 602-A(16) of the act of April 9, 1929

12

(P.L.177, No.175), known as The Administrative Code of

13

1929, is repealed.

14

(ii)  The act of May 23, 1945 (P.L.926, No.369),

15

referred to as the Public Eating and Drinking Place Law,

16

is repealed.

17

(iii)  The act of July 7, 1994 (P.L.421, No.70),

18

known as the Food Act, is repealed.

19

Section 9.  This act shall take effect as follows:

<--

20

(1)  The amendment of 3 Pa.C.S. § 6504(a) shall take

21

effect on the effective date of the regulations promulgated

22

under 3 Pa.C.S. § 6504(a.1), or two years from the effective

23

date of this section, whichever occurs first.

24

(2)  The remainder of this act shall take effect in 60

25

days.

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