HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 965, 1621, 1898

PRINTER'S NO.  1924

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

828

Session of

2009

  

  

INTRODUCED BY VOGEL, WARD, BAKER, ERICKSON, ORIE, WASHINGTON, FOLMER, PICCOLA, ALLOWAY, BROWNE, VANCE, PILEGGI, RAFFERTY, SCARNATI, PIPPY, WONDERLING, BOSCOLA, DINNIMAN, WAUGH, EARLL, KASUNIC, D. WHITE, GREENLEAF AND YAW, MAY 1, 2009

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 3, 2010   

  

  

  

AN ACT

  

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

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amended, "An act for the protection of the public health by

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regulating the conduct and operation of public eating and

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drinking places within this Commonwealth; requiring their

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licensing; imposing certain duties on the Department of

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Agriculture of this Commonwealth and on the local health

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authorities; and providing penalties," further providing for

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definitions; and providing for applicability.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1 of the act of May 23, 1945 (P.L.926,

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

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Law, amended December 9, 2002 (P.L.1421, No.179), is amended to

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read:

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Section 1.  Definitions.--"Department" shall mean the

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Department of Agriculture of the Commonwealth.

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The words "public eating or drinking place" shall mean any

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place within this Commonwealth where food or drink is served to

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or provided for the public, with or without charge: Provided,

 


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however, That nothing herein contained shall apply to dining

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cars operated by a railroad company in interstate commerce or a

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bed and breakfast homestead or inn.

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The word "proprietor" shall mean any person, partnership,

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association or corporation, conducting or operating within this

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Commonwealth, a public eating or drinking place.

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The word "employe" shall include any cook, waiter, kitchen

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help, chambermaid, house servant or other employe of any kind in

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a public eating or drinking place, who in any manner whatever,

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handles or comes in contact with any food or drink served to or

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provided for the public, and the proprietor or any member of the

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proprietor's family who handles said food or drink.

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"License" shall mean a grant to a licensee to conduct a

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restaurant, as defined in this act.

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"Licensor" shall mean the county department of health or

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joint-county department of health, whenever such public eating

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or drinking place is located in a political subdivision which is

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under the jurisdiction of a county department of health or

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joint-county department of health, or the health authorities of

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cities, boroughs, incorporated towns and first-class townships,

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whenever such public eating or drinking place is located in a

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city, borough, incorporated town or first-class township not

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under the jurisdiction of a county department of health or

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joint-county department of health, or the health authorities of

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second class townships and second class townships which have

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adopted a home rule charter which elect to issue licenses under

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the provisions of this act whenever such public eating and

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drinking place is located in such a second class township or

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second class township which has adopted a home rule charter not

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under the jurisdiction of a county department of health or

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joint-county department of health, or the Department of

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Agriculture, whenever such public eating or drinking place is

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located in any other area of the Commonwealth.

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The words "bed and breakfast homestead or inn" shall mean a

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private residence which contains ten or fewer bedrooms used for

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providing overnight accommodations to the public and in which

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breakfast is the only meal served and is included in the charge

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for the room.

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The words "potentially hazardous food" shall mean a food

<--

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which consists in whole or in part of milk or milk products,

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eggs, meat, poultry, fish, shellfish, edible crustacea or other

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ingredients, including synthetic ingredients, and which is in a

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form capable of supporting rapid and progressive growth of

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infectious or toxicogenic microorganisms. The term does not

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include a food that has a pH of food products in a hermetically

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sealed container processed to maintain commercial sterility.

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The words "potentially hazardous food" shall have the same

<--

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meaning as that term is defined in the 2009 edition of the Food

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Code published by the United States Department of Health, Food

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and Drug Administration or any successor document approved by

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regulation of the department.

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Section 2.  The act is amended by adding a section to read:

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Section 13.1.  This act shall not apply to food that meets

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all of the following requirements:

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(1)  The food is not potentially hazardous food.

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

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

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of the following organizations:

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(i)  a tax-exempt organization under section 501(c)(3) of the

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Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

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501(c)(3));

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(ii)  a volunteer fire company or an ambulance, religious,

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charitable, fraternal, veterans, civic, sportsmen, agricultural

<--

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fair or agricultural association or any separately chartered

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auxiliary of any of these associations, on a not-for-profit

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basis; or

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(iii)  an organization that is established to promote and

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encourage participation and support for extracurricular

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recreational activities for youth of primary and secondary

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

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basis.

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

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consumption informs consumers That the organization uses or

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offers food that has been prepared in private homes that are not

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licensed or inspected by the department.

<--

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(5)  The food is donated to an organization described under

<--

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paragraph (3).

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Section 3.  This act shall take effect in 60 days.

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