PRIOR PRINTER'S NO. 181 PRINTER'S NO. 769
No. 175 Session of 1991
INTRODUCED BY STAIRS, COLE, HERSHEY, GEIST, BARLEY, ARMSTRONG,
RUDY, LEH, PITTS, M. N. WRIGHT, PERZEL, HALUSKA, NOYE,
MAYERNIK, MERRY, FOX, CIVERA, BILLOW, STEELMAN, E. Z. TAYLOR,
SEMMEL AND TELEK, JANUARY 30, 1991
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 12, 1991
AN ACT
1 Regulating the refrigeration of eggs stored, distributed or held
2 for commercial sale or use; providing for additional duties
3 of the Department of Agriculture and the Department of
4 Environmental Resources; and providing for civil and criminal
5 penalties.
6 The General Assembly finds and declares as follows:
7 (1) That the egg industry constitutes an important part
8 of the economy of this Commonwealth. Recent national
9 outbreaks of salmonellosis in human beings have raised
10 concerns among consumers about the safety of eggs and foods
11 made with eggs and have threatened the loss of egg markets
12 within and outside this Commonwealth. A human being may
13 contract salmonellosis if he ingests an egg or a food made
14 with an egg containing a sufficient number of the salmonella
15 enteritidis bacteria. The purpose of this act is to establish
16 uniform temperature requirements for shell eggs in order to
17 retard the growth of the salmonella enteritidis bacteria.
18 Adequate refrigeration along with proper food preparation and
1 handling can significantly reduce the risk that a human being
2 will contract salmonellosis from eggs.
3 (2) That the intent of this act is to preserve egg
4 markets for Pennsylvania producers and ensure the quality of
5 Pennsylvania eggs, by establishing reasonable standards of
6 refrigeration for shell eggs for public eating and drinking
7 establishments, food processors, retail food stores,
8 distributors and other food establishments.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Egg
13 Refrigeration Law.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Consumer receptacle." A container used for the sale of
19 shell eggs at retail including, but not limited to, a paper bag,
20 a cardboard box, a shoe box, an egg case or an egg carton.
21 "Date of lay." The Julian date on which the eggs were
22 produced by the domesticated fowl.
23 "DATE OF PROCESS." THE JULIAN DATE ON WHICH THE EGGS WERE <--
24 WASHED AND PACKED IN CONTAINERS OR CONSUMER RECEPTACLES.
25 "Egg" or "shell egg." The product of domesticated fowl,
26 enclosed in a shell, to be used for human consumption.
27 "Egg processor" or "processor." A person who collects,
28 washes and packs shell eggs for commercial sale or distribution.
29 "Julian date." The sequential number of each day of a
30 calendar year.
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1 "Person." An individual, firm, corporation, association or
2 other business entity.
3 Section 3. Standards prescribed.
4 (a) General standards.--Except as provided in subsection
5 (b), within 24 hours of being laid, a shell egg sold or produced
6 within this Commonwealth shall be subjected to and maintained at
7 an ambient temperature not to exceed 55 degrees Fahrenheit.
8 After the shell egg is washed and packed, it shall be subjected
9 to and maintained at an ambient temperature not to exceed 45
10 degrees Fahrenheit.
11 (b) Refrigeration until use or purchase.--At any public
12 eating or drinking establishment, food processor, retail food
13 store, distributor or other food establishment, a shell egg
14 shall be maintained in an environment with AT an internal <--
15 temperature not to exceed 45 degrees Fahrenheit until use or
16 preparation or until purchase by a consumer.
17 (c) Identifying code.--Each container or consumer receptacle
18 shall be labeled with a printed code which permits the processor
19 to identify the date of lay PROCESS and the flock of origin of <--
20 the eggs contained therein. The processor may meet the
21 requirement of this subsection either by marking each container
22 or consumer receptacle with the date of lay PROCESS and the <--
23 flock of origin or by having in place a system, approved by the
24 Secretary of Agriculture, that permits the processor to readily
25 and accurately identify the date of lay PROCESS and the flock of <--
26 origin for a particular crate, master container or consumer <--
27 receptacle of shell eggs.
28 (d) Additional labeling.--The words "keep refrigerated"
29 shall be marked in a plain and conspicuous manner on each
30 container or consumer receptacle of shell eggs, as prescribed by
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1 the Secretary of Agriculture.
2 (e) Recordkeeping.--
3 (1) The processor of shell eggs shall keep records as
4 are necessary to permit him to readily and accurately
5 identify the flock of origin and the date of lay for each
6 consumer receptacle of shell eggs and to permit the
7 Department of Agriculture to verify that the temperature
8 requirements established in subsection (a) have been complied
9 with.
10 (2) A record required to be kept under this subsection
11 shall be maintained for at least six months and shall be made
12 immediately available to the Department of Agriculture and
13 the Department of Environmental Resources upon request.
14 (f) Certain small egg processors.--
15 (1) This section shall not apply to an egg processor who
16 MEETS ALL OF THE FOLLOWING REQUIREMENTS: <--
17 (i) maintained at all times during the prior 12-
18 month period a flock of not more than 3,200 birds LAYING <--
19 HENS in the aggregate;
20 (ii) sells or markets eggs predominantly within a
21 25-mile 100-MILE radius of the facility in which the eggs <--
22 were produced and processed for sale or distribution; and
23 (iii) sells or markets eggs within two days of the
24 date of lay.
25 (2) In a proceeding under section 5 or 6, this
26 subsection shall be presumed to be inapplicable in absence of
27 proof to the contrary.
28 (3) SMALL EGG PROCESSORS EXEMPTED UNDER THIS SECTION <--
29 SHALL PRINT CLEARLY AND CONSPICUOUSLY ON EACH CONTAINER OR
30 CONSUMER RECEPTACLE THE DATE OF LAY OF EGGS CONTAINED
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1 THEREIN.
2 Section 4. Unlawful conduct.
3 No person may sell, distribute, use or store an egg that was
4 not at all times in conformance with this act. Each business day
5 during which a violation of this section occurs shall constitute
6 a separate offense.
7 Section 5. Criminal penalty.
8 (a) Summary offense.--
9 (1) A person who violates section 4 commits a summary
10 offense and shall, upon conviction, be sentenced to pay a
11 fine of not less than $100.
12 (2) A person who violates section 4 after being
13 convicted under paragraph (1), commits a summary offense and
14 shall, upon conviction, be sentenced to pay a fine of not
15 less than $300.
16 (b) Misdemeanor.--A person who violates section 4 after
17 being convicted under paragraphs (1) and (2), commits a
18 misdemeanor of the third degree and shall, upon conviction, be
19 sentenced to pay a fine of not less than $1,000.
20 Section 6. Civil penalty.
21 (a) Assessment by the Department of Agriculture.--
22 (1) The Secretary of Agriculture may assess a civil
23 penalty of not more than $10,000 upon a person for each
24 violation of section 4. Such penalty may be assessed whether
25 or not the violation was willful or negligent.
26 (2) If a civil penalty is assessed against a person
27 under subsection (a), the Secretary of Agriculture shall
28 notify the person by certified mail of the nature of the
29 violation, the amount of the civil penalty and that the
30 person may notify the secretary in writing within ten
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1 calendar days that the person wishes to contest the civil
2 penalty.
3 (3) If within ten calendar days from the receipt of the
4 notification referred to in paragraph (2) the person does not
5 notify the Secretary of Agriculture of this intent to contest
6 the assessed penalty, the civil penalty shall become final.
7 If timely notification of the intent to contest the civil
8 penalty is given, the person contesting the civil penalty
9 shall be provided with a hearing in accordance with 2 Pa.C.S.
10 (relating to administrative law and procedure).
11 (b) Assessment by the Department of Environmental
12 Resources.--
13 (1) The Department of Environmental Resources may assess
14 a civil penalty of not more than $10,000 upon a person for
15 each violation of section 4. The penalty may be assessed
16 whether or not the violation was willful or negligent.
17 (2) When the department assesses a civil penalty, it
18 shall inform the person of the amount of the penalty. The
19 person charged with the penalty shall then have 30 days to
20 pay the penalty in full or, if the person wishes to contest
21 either the amount of the penalty or the fact of the
22 violation, the person shall within the 30-day period, file an
23 appeal of the action with the Environmental Hearing Board.
24 (i) Failure to appear within 30 days shall result in
25 a waiver of all legal rights to contest the violation or
26 the amount of the penalty.
27 (ii) A person may challenge either the fact of the
28 violation or the amount of the penalty once an appeal of
29 the issue has been perfected. In either challenge, the
30 appellant will be bound as to any actions of the
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1 department which have become final under section 4 of the
2 act of July 13, 1988 (P.L.530, No.94), known as the
3 Environmental Hearing Board Act. A final action includes
4 a compliance order which has become final, even though
5 the order addresses the same violation for which a civil
6 penalty is assessed.
7 (c) Limit on assessments.--Only one assessment under either
8 subsection (a) or (b) may be made for a particular violation.
9 Section 7. Injunctions.
10 (a) Action in equity.--The Attorney General, at the request
11 of the Secretary of Agriculture, may initiate in the
12 Commonwealth Court or the court of common pleas of the county in
13 which the defendant resides or has a place of business, an
14 action in equity for an injunction to restrain any violation of
15 this act. The Commonwealth shall not be required to furnish a
16 bond or other security in connection with this proceeding.
17 (b) Restraint of violations.--In addition to any other
18 remedies in this act, the Department of Environmental Resources
19 may institute a suit in equity in the name of the Commonwealth
20 where a violation of law or nuisance exists for an injunction to
21 restrain a violation of this act or the rules, regulations,
22 standards or orders adopted or issued thereunder and to restrain
23 the maintenance or threat of a public nuisance. In this
24 proceeding, the court shall, upon motion of the Commonwealth,
25 issue a prohibitory or mandatory preliminary injunction if it
26 finds that the defendant is engaging in unlawful conduct as
27 defined by this act or is engaged in conduct which is causing
28 immediate and irreparable harm to the public. The Commonwealth
29 shall not be required to furnish a bond or other security in
30 connection with these proceedings. In addition to an injunction,
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1 the court, in these equity proceedings, may levy civil penalties
2 as specified in section 6.
3 Section 8. Concurrent remedies.
4 The penalties and remedies prescribed by this act shall be
5 deemed concurrent and the existence or exercise of any remedy
6 shall not prevent the exercise of any other remedy, whether at
7 law or at equity.
8 Section 9. Enforcement.
9 (a) Department of Agriculture.--The Department of
10 Agriculture shall have the following powers and duties:
11 (1) To administer and enforce the provisions of this
12 act.
13 (2) To periodically inspect food processors,
14 distributors, retail food stores and other food
15 establishments for compliance with this act. The Department
16 of Agriculture may enter upon any public or private premises
17 during hours of their operation and other reasonable times,
18 without prior notice, to inspect, conduct tests, take
19 samples, and examine records as it deems necessary to
20 determine compliance with this act.
21 (3) To impose civil penalties against persons as a
22 result of the inspections and sampling referred to in
23 paragraph (2).
24 (4) To conduct hearings under 2 Pa.C.S. (relating to
25 administrative law and procedure).
26 (5) To adopt the rules and regulations as are necessary
27 to carry out this act.
28 (b) Department of Environmental Resources.--The Department
29 of Environmental Resources shall have the following powers and
30 duties:
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1 (1) To issue orders and to administer and enforce the
2 provisions of this act as it relates to any public eating and
3 drinking establishment.
4 (2) To periodically inspect public eating and drinking
5 establishments for compliance with this act. The Department
6 of Environmental Resources may enter upon any public or
7 private premises during hours of their operation and other
8 reasonable times, without prior notice, to inspect, conduct
9 tests, take samples, and examine records as it deems
10 necessary to determine compliance with this act.
11 (3) To impose civil penalties against persons as a
12 result of the inspections and sampling referred to in
13 paragraph (2).
14 (4) To develop policies and regulations and to make
15 recommendations of regulations to the Environmental Quality
16 Board for adoption to carry out the provisions of this act.
17 (c) Environmental Hearing Board.--The Environmental Hearing
18 Board shall hear appeals, in accordance with the act of July 13,
19 1988 (P.L.530, No.94), known as the Environmental Hearing Board
20 Act, of actions taken by the Department of Environmental
21 Resources pursuant to this act.
22 Section 10. Effective date.
23 This act shall take effect immediately.
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