SENATE AMENDED
PRIOR PRINTER'S NOS. 2905, 3999, 4046 PRINTER'S NO. 4171
No. 2216 Session of 2000
INTRODUCED BY CLARK, FAIRCHILD, BENNINGHOFF, DALEY, BELFANTI,
SAYLOR, GORDNER, ALLEN, SEYFERT, HENNESSEY, SOLOBAY, STABACK,
WILT, E. Z. TAYLOR, STERN, S. MILLER, THOMAS, CORRIGAN,
TRELLO, J. TAYLOR, R. MILLER, SATHER, YOUNGBLOOD, NICKOL,
MAITLAND, HANNA, EGOLF, B. SMITH, FORCIER, NAILOR AND
PHILLIPS, FEBRUARY 2, 2000
SENATOR WENGER, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS
AMENDED, NOVEMBER 14, 2000
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, further providing for CERTIFICATION ADVISORY BOARD <--
3 AND PROGRAMS, FOR EMPLOYEE CERTIFICATION AND FOR exemptions
4 for food employee certification.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6510 of Title 3 of the Pennsylvania <--
8 Consolidated Statutes is amended by adding subsections to read:
9 SECTION 1. SECTIONS 6503(D) AND 6504(C), (F) AND (G) OF <--
10 TITLE 3 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO
11 READ:
12 § 6503. CERTIFICATION ADVISORY BOARD AND PROGRAMS.
13 * * *
14 (D) CERTIFICATION OF SUPERVISORY EMPLOYEES.--THE SUPERVISORY
15 EMPLOYEES SHALL BE CERTIFIED BY THE DEPARTMENT FOLLOWING THE
16 COMPLETION OF [INDUSTRY-SPECIFIC] TRAINING PROGRAMS RECOMMENDED
1 BY THE ADVISORY BOARD AND APPROVED BY THE DEPARTMENT. THE
2 DEPARTMENT SHALL ADOPT FOOD SAFETY PROTECTION AND TRAINING
3 STANDARDS FOR THE CERTIFICATION OF SUPERVISORY EMPLOYEES WHO ARE
4 RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY OR SERVING OF
5 FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED BY THE
6 DEPARTMENT OR LOCAL HEALTH ORGANIZATIONS. THESE STANDARDS SHALL
7 BE ADOPTED BY THE DEPARTMENT TO ENSURE THAT, UPON SUCCESSFULLY
8 PASSING A TEST, THE SUPERVISORY EMPLOYEE HAS DEMONSTRATED
9 ADEQUATE FOOD PROTECTION KNOWLEDGE. THESE STANDARDS SHALL ALSO
10 PROVIDE FOR A CERTIFICATION PROGRAM WHICH AUTHORIZES PRIVATE OR
11 PUBLIC AGENCIES TO CONDUCT AND APPROVE TESTS AND CERTIFY THE
12 RESULTS OF THESE TESTS TO THE DEPARTMENT. AT LEAST ONE
13 SUPERVISORY EMPLOYEE OF A FOOD ESTABLISHMENT SHALL HAVE PASSED
14 THE TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. EMPLOYEES
15 SHALL HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE
16 REQUIRED TEST.
17 * * *
18 § 6504. CERTIFICATION OF EMPLOYEES.
19 * * *
20 (C) COMPLIANCE.--
21 (1) COMPLIANCE WITH THIS CHAPTER BY A FOOD ESTABLISHMENT
22 SHALL BE OPTIONAL UNTIL JULY 1, [2001] 2003. SECTION 6503(E)
23 (RELATING TO CERTIFICATION ADVISORY BOARD AND PROGRAMS) SHALL
24 NOT APPLY TO A FOOD ESTABLISHMENT PRIOR TO JULY 1, [2001]
25 2003, UNLESS THAT FOOD ESTABLISHMENT COMPLIES WITH THIS
26 CHAPTER. ON OR AFTER JULY 1, [2001] 2003, COMPLIANCE WITH
27 THIS CHAPTER BY A FOOD ESTABLISHMENT SHALL BE MANDATORY
28 UNLESS A RESOLUTION TO THE CONTRARY HAS BEEN ADOPTED PRIOR TO
29 DECEMBER 1, 2002, IN ACCORDANCE WITH THIS SUBSECTION. THE
30 PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE
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1 HOUSE OF REPRESENTATIVES SHALL CAUSE TO BE PLACED ON THEIR
2 RESPECTIVE CALENDARS FOR THE FIRST LEGISLATIVE [DAYS] DAY
3 AFTER [THE DATE TWO MONTHS PRIOR TO JULY 1, 2001] NOVEMBER 1,
4 2002, THE QUESTION, IN THE FORM OF A RESOLUTION, OF WHETHER
5 THE FOOD EMPLOYEE CERTIFICATION PROGRAM SHALL REMAIN OPTIONAL
6 FOR FOOD EMPLOYEES OF FOOD ESTABLISHMENTS IN THIS
7 COMMONWEALTH. IF A MAJORITY OF THE MEMBERS ELECTED TO EACH
8 HOUSE APPROVE SUCH A RESOLUTION, THE RESOLUTION SHALL BE
9 PRESENTED TO THE GOVERNOR FOR APPROVAL OR DISAPPROVAL IN
10 ACCORDANCE WITH SECTION 9 OF ARTICLE III OF THE CONSTITUTION
11 OF PENNSYLVANIA.
12 (2) A FOOD ESTABLISHMENT EXEMPT UNDER SECTION 6510(D)
13 (RELATING TO EXEMPTIONS) MAY VOLUNTARILY SEEK CERTIFICATION
14 UNDER THIS SECTION.
15 * * *
16 (F) PERIOD OF CERTIFICATION.--CERTIFICATION SHALL BE IN
17 EFFECT FOR FIVE YEARS. RENEWAL OF CERTIFICATION SHALL BE BASED
18 ON THE [BASIS] COMPLETION OF [ATTENDANCE AT] COURSES RECOMMENDED
19 BY THE ADVISORY BOARD AND APPROVED BY THE DEPARTMENT. THE
20 COURSES SHALL NOT INCLUDE A WRITTEN EXAMINATION.
21 (G) TRAINING PROGRAM.--
22 (1) TRAINING PROGRAMS TO PREPARE CANDIDATES FOR
23 CERTIFICATION EXAMINATIONS AND THE ADMINISTRATION OF THE
24 EXAMINATION SHALL BE MADE AVAILABLE THROUGHOUT THIS
25 COMMONWEALTH THROUGH COOPERATION WITH INDUSTRY AND OTHERS AND
26 APPROVED BY THE DEPARTMENT.
27 (2) THE DEPARTMENT SHALL DEVELOP AND ADMINISTER A
28 TRAINING PROGRAM FOR FOOD ESTABLISHMENTS VOLUNTARILY SEEKING
29 CERTIFICATION UNDER SUBSECTION (C)(2). THE GENERAL ASSEMBLY
30 MAY APPROPRIATE FUNDS TO OFFSET THE COST OF THE PROGRAM FOR
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1 FOOD ESTABLISHMENTS EXEMPT UNDER SECTION 6510(D) (RELATING TO
2 EXEMPTIONS).
3 * * *
4 SECTION 2. SECTION 6510 OF TITLE 3 IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 § 6510. Exemptions.
7 * * *
8 (d) Exempt organizations.--The EXCEPT AS SET FORTH IN <--
9 SECTION 6504(C)(2) (RELATING TO CERTIFICATION OF EMPLOYEES), THE
10 following organizations are exempt from this chapter:
11 (1) A food establishment managed by an organization
12 which is eligible to become a tax-exempt organization under <--
13 section 501(c)(3) of the Internal Revenue Code of 1986
14 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).
15 (2) A food establishment managed ON A NOT-FOR-PROFIT <--
16 BASIS by an organization which is a volunteer fire company or
17 an ambulance, religious, charitable, fraternal, veterans,
18 civic, agricultural fair or agricultural association, or any
19 separately chartered auxiliary of any of the above
20 associations.
21 (3) A food establishment managed by an organization
22 which is established to promote and encourage participation
23 and support for extracurricular recreational activities for
24 youth of primary and secondary public, private and parochial
25 school systems on a not-for-profit basis.
26 (e) Food sales limit.-- <--
27 (1) A food establishment which derives less than 40%
28 gross income from the sale of food is exempt from this
29 chapter.
30 (2) Food establishments with less than $25,000 in food
20000H2216B4171 - 4 -
1 sales, on an annual basis, which are subject to the tax
2 imposed under Article II of the act of March 4, 1971 (P.L.6,
3 No.2), known as the Tax Reform Code of 1971.
4 (f) Mobile and temporary food establishments.--A food
5 establishment which operates at any location for a temporary
6 period of time not to exceed 14 consecutive days, regardless of
7 whether the establishment operates continuously during this
8 time, in connection with a fair, carnival, circus, public
9 exhibition or similar transitory gathering is exempt from this
10 chapter.
11 Section 2 3. This act shall take effect in 60 days. <--
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