1Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2Statutes, in food protection, further providing for
3definitions and for license required.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. The definition of "licensor" in section 5702 of 
7Title 3 of the Pennsylvania Consolidated Statutes is amended and 
8the section is amended by adding definitions to read:

9§ 5702. Definitions.

10The following words and phrases when used in this subchapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13* * *

14"Licensor." Any of the following:

15(1) The county department of health or joint-county
16department of health whenever a retail food facility is
17located in a political subdivision under the jurisdiction of
18a county department of health or joint-county department of

1health.

2(2) The health authorities of cities, boroughs,
3incorporated towns and first class townships whenever a
4retail food facility is located in a city, borough,
5incorporated town or first class township not under the
6jurisdiction of a county department of health or joint-county
7department of health.

8(3) The health authorities of second class townships and
9second class townships which have adopted a home rule charter
10which elect to issue licenses under this subchapter whenever
11a retail food facility is located in a second class township
12or second class township which has adopted a home rule
13charter not under the jurisdiction of a county department of
14health or joint-county department of health.

15(4) The Department of Agriculture whenever a retail food
16facility is located in any other area of this Commonwealth.

17(5) Notwithstanding paragraphs (1), (2), (3) and (4),
18where the retail food facility is a mobile retail food
19facility that has a Pennsylvania operating base location,
20that Pennsylvania operating base location shall be the
21location of the mobile retail food facility for purposes of
22licensure under paragraphs (1), (2), (3) and (4).

23"Mobile retail food facility." A movable retail food 
24facility, such as a stand, vehicle, cart, basket, box or similar 
25structure, from which food is stored, prepared, processed, 
26distributed or sold and the facility:

27(1) physically locates at one site or location for no
28more than 14 consecutive days in one calendar year,
29regardless of whether or not the facility operates
30continuously during that time period; and

1(2) is not licensed as a temporary retail food facility
2under section 5703(g)(2).

3* * *

4"Pennsylvania operating base location." A single location 
5within this Commonwealth where a mobile retail food facility or 
6transportation vehicle returns regularly for the purpose of
7storage, discharging liquid or solid wastes, refilling water 
8tanks and ice bins and boarding food.

9* * *

10Section 2. Section 5703(c) and (j) of Title 3 are amended
11and the section is amended by adding a subsection to read:

12§ 5703. License required.

13* * *

14(c) Issuance of license.--A retail food facility license 
15shall be issued by the licensor having jurisdiction. A license 
16shall specify the date of expiration, the period for which the 
17license is valid, the name of the licensee and the place 
18licensed. Licenses shall be conspicuously displayed at all times 
19in the place thereby licensed. If the license applies to a 
20mobile retail food facility that has a Pennsylvania operating 
21base location, the license shall be conspicuously displayed at 
22any location where the mobile retail food facility is in 
23operation. Licenses shall not be transferable.

24* * *

25(j) Fees.--[The] Except as provided for in subsection (j.1), 
26the fees that may be charged under this subchapter are as 
27established by the licensor, if the licensor is an entity other 
28than the department, and shall be paid into the city, borough, 
29incorporated town, township or county treasury. If the licensor 
30is the department, the fees shall be paid to the State Treasury
 

1through the department and are as follows:

2(1) For licensure of a retail food facility that has not 
3been previously licensed and that is owner operated and that 
4has a seating capacity of less than 50: $103.

5(2) For licensure of a retail food facility that has not 
6been previously licensed and that is not described in 
7paragraph (1): $241.

8(3) For a renewal of a license or for issuing a license 
9to reflect a change of ownership: $82.

10(4) For a duplicate license, for each retail food 
11facility location: $14.

12(5) For a temporary license under subsection (g)(2):
13$14.

14(6) For conducting a follow-up inspection to review 
15whether changes have been made to correct violations which 
16resulted in noncompliant status determined by a prior 
17inspection:

18(i) For the second follow-up inspection during the 
19licensure period: $150.

20(ii) For a third or subsequent follow-up inspection 
21during the licensure period: $300.

22(7) For conducting an inspection that is not otherwise 
23required by the department but that is conducted at the 
24behest of the proprietor of the retail food facility: $150.

25(8) For any license described in paragraph (1), (2), 
26(3), (4) or (5) that is issued for a period of greater than 
27one year by regulation of the department in accordance with 
28subsection (g), the license fee otherwise prescribed under 
29those paragraphs shall be prorated for the license period.

30(j.1) Fee exception.--An entity shall not charge a fee for
 

1conducting an inspection of a mobile retail food facility that 
2has a Pennsylvania operating base location unless the inspecting 
3entity is also the licensor with respect to retail food 
4facilities at that Pennsylvania operating base location.

5* * *

6Section 3. This act shall take effect in 60 days.