PRINTER'S NO. 1249

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

960

Session of

2021

INTRODUCED BY J. WARD, PHILLIPS-HILL, MARTIN, GORDNER, STEFANO,

MASTRIANO, SCAVELLO AND PITTMAN, NOVEMBER 29, 2021

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, NOVEMBER 29, 2021

Section 1. Chapter 57 of Title 3 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

5751. Scope of subchapter.

5752. Definitions.

5753. Prohibited acts.

5754. Sanitation standards.

5755. Penalties.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Dispensing freezer." A piece of food equipment that

processes and freezes a previously pasteurized product, such as

soft ice cream, ice milk, frozen yogurt, custard and milkshake,

and dispenses the product directly into the consumer's container

or is a batch freezer that processes, freezes and dispenses into

packaging for consumer sale or further distribution.

"Federal acts." As defined in section 5722 (relating to

definitions).

dessert, ice milk, dispensing freezer-made milkshake, fruit

sherbet, water ice, quiescently frozen confection and

quiescently frozen dairy confection, including, but not limited

to, a popsicle, whipped cream confection, bisque tortoni and

mellorine frozen dessert. The term includes a mix used to

produce such product and a product that is similar in

appearance, odor or taste to such product or is prepared or

frozen as such product is customarily prepared or frozen,

whether made with dairy or nondairy product. The term does not

include:

Boston cream, cream puff filling or custard, éclair and

napoleon filling and custard.

(2) Quiescently frozen confection that is prepared with

food that would be edible or recognizable in the food's

original state as a food, prior to freezing. This product

includes a food infused with nitrogen to create a final

frozen product, such as cereal and chocolate covered frozen

novelty such as fruit, cheesecake and candy.

(3) Nondispensing freezer-made frozen beverage, such as

ice slushy, snow cone, frozen piña colada or margarita mix,

ice coffee, frozen cappuccino or blended smoothie.

"Person." An individual, partnership, association, limited

liability company or corporation thereof.

"Retail food facility." As defined in section 5702.

"Retail Food Facility Safety Act." As defined in Subchapter

A (relating to retail food facility safety).

"Secretary." As defined in section 5722.

§ 5753. Prohibited acts.

The following acts are prohibited:

(1) Manufacture, sale, delivery, consignment, bailment,

holding or offering for sale of any frozen dessert that is

(2) Adulteration or misbranding of a frozen dessert.

(3) Failure to obtain a retail food facility license by

a licensor under the provisions of section 5703 (relating to

license required), as authorized or required under this

chapter.

(4) Failure to register with the secretary under the

provisions of section 5734 (relating to registration of food

establishments), as authorized or required under this

chapter.

(5) Failure to obtain a permit from the secretary under

section 2 of the Milk Sanitation Law, as authorized or

(7) Removal or disposal of a detained or embargoed

frozen dessert in violation of section 5726 (relating to

detention and condemnation).

(8) Sale of a frozen dessert exceeding microbiological

standards in violation of an applicable regulation

promulgated under this subchapter.

§ 5754. Sanitation standards.

(a) Retail food facilities.--A retail food facility that

manufactures frozen desserts shall conform with all rules,

regulations and standards adopted, or an order issued under

and sanitation.

(b) Food establishments and permitholders.--A food

establishment and permitholder that manufactures frozen desserts

shall conform with all rules, regulations and standards adopted

or an order issued under Subchapter B (relating to food safety)

or the Milk Sanitation Law, including, but not limited to, a

standard established for food equipment, temperature control,

food processing and cleaning and sanitation.

§ 5755. Penalties.

(a) Criminal penalties.--

(1) A person that violates this subchapter or a rule,

the date of the last previous offense.

(b) Civil penalties.--

(1) In addition to proceeding under any other remedy

available at law or in equity for a violation of this

subchapter, or a rule or regulation adopted or an order

issued under this subchapter, the secretary may assess a

civil penalty not to exceed $10,000 upon an individual or

business for each offense.

(2) No civil penalty may be assessed unless the person

charged has been given notice and opportunity for a hearing

(4) If the secretary finds a violation did not cause

harm to human health, the secretary may issue a warning in

lieu of assessing a penalty.

(5) In case of inability to collect the civil penalty or

failure of a person to pay all or a portion of the penalty as

the secretary may determine, the secretary may refer the

matter to the Attorney General who shall recover the amount

by action in the appropriate court.

(c) Minor violations.--Nothing in this subchapter shall be

construed as requiring prosecution or institution of a

proceeding under this subchapter for minor violations of this

department, penalties under this subchapter shall be established

by the licensor.

§ 5756. Rules and regulations.

(a) Nature of rules.--The secretary shall be charged with

the enforcement of this subchapter and shall promulgate rules,

regulations and frozen dessert standards necessary for its

proper enforcement. The rules, regulations and frozen dessert

standards shall conform and shall be construed to conform with

the purposes expressed in section 5757 (relating to construction

of subchapter).

testing standards for frozen desserts that are manufactured,

prepared or processed at a retail food facility.

(2) A food establishment that manufactures or processes

frozen desserts shall conform with the testing standards

established by regulation under Subchapter B (relating to

food safety).

(3) A permitholder that manufactures or processes frozen

desserts shall conform with the testing standards established

by regulation under the Milk Sanitation Law.

§ 5757. Construction of subchapter.

The provisions of this subchapter and the regulations

(1) The act of July 2, 1935 (P.L.589, No.210), referred

to as the Milk Sanitation Law, or the act of August 8, 1961

(P.L.975, No.436), referred to as the Milk Adulteration and

Labeling Act.

(2) Subchapter A (relating to retail food facility

safety).

(3) Subchapter B (relating to food safety).

Section 2. Repeals are as follows:

(1) The General Assembly finds that the repeal under

paragraph (2) is necessary to effectuate this act.