PRINTER'S NO. 2906

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2140 Session of 1984


        INTRODUCED BY MAIALE, KOSINSKI, SWEET, WOGAN, WESTON AND
           O'BRIEN, MAY 7, 1984

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 1984

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, making it illegal to dispense ice in a
     3     certain manner.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 7326.  Unlawful dispensing of ice to the public.
     9     (a)  Offense defined.--A person, partnership, association or
    10  corporation commits a summary offense for:
    11         (1)  permitting the public to have direct physical access
    12     to a bin or storage container primarily used for the self-
    13     service dispensing of ice; or
    14         (2)  permitting ice stored in a bin or container which is
    15     not protected from dust, dirt, foreign objects, insects,
    16     vermin or other contamination to be offered to the public in
    17     any self-service manner.
    18     (b)  Exception.--This section is specifically restricted to

     1  unpackaged ice offered or made available to the public in a
     2  self-service manner and does not apply to public eating and
     3  drinking establishments or other places of business which
     4  dispense ice automatically or through its own employees.
     5     (c)  Penalty.--A person, partnership, association or
     6  corporation convicted for violation of this section shall be
     7  sentenced to pay a fine of not less than $25 nor more than $100
     8  for each day that a violation exists. Upon the second and each
     9  subsequent conviction under this section, the fine shall be not
    10  less than $50 nor more than $200 for each day that a violation
    11  exists.
    12     (d)  Enforcement.--County departments of health, joint county
    13  departments of health or the health authorities of any city,
    14  borough, incorporated town or township shall have jurisdiction
    15  to enforce this section within the territorial limits of their
    16  respective municipalities.
    17     (e)  Disposition of fines.--Fines collected under this
    18  section shall be paid into the general fund of the enforcing
    19  municipality.
    20     Section 2.  This act shall take effect in 90 days.







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