HOUSE AMENDED
PRIOR PRINTER'S NO. 1249
PRINTER'S NO. 1778
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
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 15, 2022
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, providing for frozen dessert
safety; and making a related repeal.
REPEALING THE ACT OF SEPTEMBER 1, 1965 (P.L.420, NO.215),
ENTITLED "AN ACT FOR THE PROTECTION OF THE PUBLIC HEALTH, AND
TO PREVENT FRAUD AND DECEPTION IN THE MANUFACTURE, SALE,
OFFERING FOR SALE, EXPOSING FOR SALE, AND POSSESSION WITH
INTENT TO SELL, OF ADULTERATED OR DELETERIOUS FROZEN
DESSERTS, PROVIDING FOR LICENSING, AUTHORIZING AND REGULATING
THE MANUFACTURE AND SALE OF FROZEN DESSERTS, CONFERRING
POWERS AND IMPOSING DUTIES UPON THE DEPARTMENT OF
AGRICULTURE, PRESCRIBING PENALTIES, PROVIDING FOR THE
ENFORCEMENT THEREOF, AND MAKING REPEALS."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 57 of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
FROZEN DESSERT SAFETY
Sec.
5751. Scope of subchapter.
5752. Definitions.
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5753. Prohibited acts.
5754. Sanitation standards.
5755. Penalties.
5756. Rules and regulations.
5757. Construction of subchapter.
5758. Acts not affected.
§ 5751. Scope of subchapter.
This subchapter relates to frozen dessert safety.
§ 5752. Definitions.
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).
"Food establishment." As defined in section 5722.
"Food Safety Act." As defined in Subchapter B (relating to
food safety).
"Frozen dessert." Ice cream, frozen custard, French ice
cream, French custard ice cream, frozen dietary dairy dessert,
frozen yogurt, dietary frozen dessert or low-fat frozen dairy
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
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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:
(1) A bakery product, such as frozen cake, frozen
pastry, ice cream cake, cream pie, meringue pie and other pie
and pastry filling and topping, such as fruit and custard,
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.
"Licensor." As defined in section 5702 (relating to
definitions).
"Milk Sanitation Law." The act of July 2, 1935 (P.L.589,
No.210), referred to as the Milk Sanitation Law.
"Permitholder." A person that holds a permit issued by the
secretary under section 2 of the Milk Sanitation Law.
"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
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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
adulterated or misbranded as defined under the provisions of
sections 5728 (relating to adulteration of food) and 5729
(relating to misbranding of food).
(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
required under the provisions of that act.
(6) Refusal to permit, during normal business hours,
entry, inspection, taking of a sample or access to or copying
of any record, as authorized under this subchapter, sections
5704(a) and 5732(a) (relating to inspection, sampling and
analysis) or section 6 of the Milk Sanitation Law.
(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
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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
Subchapter A (relating to retail food facility safety),
including, but not limited to, a standard established for food
equipment, temperature control, food preparation and cleaning
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,
regulation, standard or order made under this subchapter
commits a summary offense for the first or second offense.
(2) A person that violates this subchapter or any rule,
regulation, standard or order made under this subchapter
commits a misdemeanor of the third degree if the violation is
a third or subsequent offense and occurs within two years of
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
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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
in accordance with law.
(3) In determining the amount of the penalty, the
secretary shall consider the gravity of the violation.
(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
subchapter if the secretary believes that the public interest
will be adequately served in the circumstances by a suitable
written notice or warning.
(d) Retail food facilities under other jurisdiction.--For
retail food facilities licensed under Subchapter A (relating to
retail food facility safety) by a licensor that is not the
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
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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).
(b) Testing requirements.--
(1) The secretary shall establish rules, regulations and
frozen dessert standards that include annual microbiological
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
promulgated under this subchapter shall be construed in a manner
that is consistent with the Federal acts and regulations
promulgated under those acts.
§ 5758. Acts not affected.
Nothing in this subchapter shall be construed to abrogate or
supersede a provision or regulation adopted under:
(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.
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(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.
(2) The act of September 1, 1965 (P.L.420, No.215),
known as The Frozen Dessert Law, is repealed.
Section 3. This act shall take effect in 60 days.
SECTION 1. THE ACT OF SEPTEMBER 1, 1965 (P.L.420, NO.215),
KNOWN AS THE FROZEN DESSERT LAW, IS REPEALED:
[AN ACT
FOR THE PROTECTION OF THE PUBLIC HEALTH, AND TO PREVENT FRAUD
AND DECEPTION IN THE MANUFACTURE, SALE, OFFERING FOR SALE,
EXPOSING FOR SALE, AND POSSESSION WITH INTENT TO SELL, OF
ADULTERATED OR DELETERIOUS FROZEN DESSERTS, PROVIDING FOR
LICENSING, AUTHORIZING AND REGULATING THE MANUFACTURE AND
SALE OF FROZEN DESSERTS, CONFERRING POWERS AND IMPOSING
DUTIES UPON THE DEPARTMENT OF AGRICULTURE, PRESCRIBING
PENALTIES, PROVIDING FOR THE ENFORCEMENT THEREOF, AND MAKING
REPEALS.
THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. DECLARATION OF POLICY; DEFINITIONS.--(A) IT IS
HEREBY DECLARED THAT THE DAIRY INDUSTRY IS A PARAMOUNT INDUSTRY
OF THE COMMONWEALTH AND THE PRODUCTION, PROCESSING, PACKAGING,
DISTRIBUTION AND SALE OF FROZEN DESSERTS IS AN IMPORTANT SEGMENT
OF THE DAIRY INDUSTRY AND IS OF VAST ECONOMIC IMPORTANCE TO THE
COMMONWEALTH AND OF VITAL IMPORTANCE TO THE CONSUMING PUBLIC OF
THE COMMONWEALTH, AND WHICH SHOULD BE ENCOURAGED AND PROMOTED IN
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THE PUBLIC INTEREST. IT IS FURTHER DECLARED TO BE IN THE
INTEREST OF THE DAIRY INDUSTRY AND OF THE CONSUMING PUBLIC THAT
THERE BE UNIFORMITY OF STANDARDS FOR FROZEN DESSERTS AS BETWEEN
THE VARIOUS STATES AND THE FEDERAL GOVERNMENT TO THE END THAT
THERE MAY BE FREE MOVEMENT OF FROZEN DESSERTS BETWEEN THE STATES
AND TO THE END THAT THE INEFFICIENCY, NEEDLESS EXPENSE, AND
CONFUSION CAUSED BY DIFFERENCES IN PRODUCTS SOLD UNDER THE SAME
NAME, AND DIFFERENCES IN LABELING OF IDENTICAL PRODUCTS MAY BE
ELIMINATED.
IT IS FURTHER DECLARED TO BE THE PURPOSE OF THIS ACT TO
PROMOTE HONESTY AND FAIR DEALING IN THE INTEREST OF CONSUMERS,
TO INSURE FAIR COMPETITION AS BETWEEN THE MANUFACTURERS AND
DISTRIBUTORS OF THE DIFFERENT PRODUCTS AND TO PREVENT CONFUSION
AND DECEPTION IN THE SALE OF ALL SUCH PRODUCTS BY ESTABLISHING
DEFINITIONS AND STANDARDS OF IDENTITY FOR SUCH PRODUCTS, AND BY
PROVIDING FOR RULES AND REGULATIONS WHICH WILL EFFECT THEIR
ORDERLY MARKETING AND INSURE UNIFORM AND PROPER SANITARY
STANDARDS.
(B) (1) FOR THE PURPOSE OF THIS ACT, AND FOR ANY RULES,
REGULATIONS, DEFINITIONS, STANDARDS OF IDENTITY, OR LABELING
REQUIREMENTS PROMULGATED PURSUANT THERETO, THE TERM "FROZEN
DESSERTS" SHALL BE DEEMED TO INCLUDE ICE CREAM, FROZEN CUSTARD,
FRENCH ICE CREAM, FRENCH CUSTARD ICE CREAM, ARTIFICIALLY
SWEETENED ICE CREAM, ARTIFICIALLY SWEETENED ICE MILK, ICE MILK,
FREEZER MADE MILK SHAKES, FRUIT SHERBET, WATER ICE, QUIESCENTLY
FROZEN CONFECTION, QUIESCENTLY FROZEN DAIRY CONFECTION, WHIPPED
CREAM CONFECTION, BISQUE TORTONI, MELLORINE FROZEN DESSERTS AS
ALL SUCH PRODUCTS ARE COMMONLY KNOWN, TOGETHER WITH ANY MIX USED
IN SUCH FROZEN DESSERTS AND ANY PRODUCTS WHICH ARE SIMILAR IN
APPEARANCE, ODOR, OR TASTE TO SUCH PRODUCTS OR ARE PREPARED OR
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FROZEN AS SUCH PRODUCTS ARE CUSTOMARILY PREPARED OR FROZEN,
WHETHER MADE WITH DAIRY OR NON-DAIRY PRODUCTS BUT SHALL NOT
APPLY TO SUCH COMMONLY KNOWN OR DESIGNATED BAKERY PRODUCTS AS
FROZEN CAKES AND PASTRIES, CREAM PIES AND FILLINGS AND TOPPINGS,
MERINGUE PIE FILLINGS AND TOPPINGS, CREAM AND ICE BOX PIES,
FRUIT AND CUSTARD PIE FILLINGS, BOSTON CREAM PIE FILLINGS, CREAM
PUFF FILLINGS AND CUSTARDS, ECLAIR AND NAPOLEON FILLINGS AND
CUSTARDS, OR THE LIKE.
(2) FOR THE PURPOSE OF THIS ACT, A "FROZEN DESSERT PLANT"
SHALL MEAN ANY PLACE, PREMISES OR ESTABLISHMENT WHERE FROZEN
DESSERT IS MANUFACTURED, PREPARED OR PROCESSED FOR DISTRIBUTION
OR SALE.
SECTION 2. SALE, POSSESSION, ETC., OF ADULTERATED OR
UNREGISTERED PRODUCTS.--(A) IT SHALL BE UNLAWFUL FOR ANY PERSON
BY HIMSELF OR BY HIS AGENTS, SERVANTS OR EMPLOYES, TO SELL,
OFFER FOR SALE, EXPOSE FOR SALE OR HAVE IN POSSESSION WITH
INTENT TO SELL, ANY FROZEN DESSERT:
(1) WHICH IS ADULTERATED WITHIN THE MEANING OF THIS ACT;
(2) WHICH IS NOT REGISTERED WITH THE DEPARTMENT OF
AGRICULTURE AS REQUIRED IN THIS ACT. THE POSSESSION OF ANY SUCH
NON-REGISTERED PRODUCT SHALL BE DEEMED PRIMA FACIE EVIDENCE OF
AN INTENT TO SELL THE SAME: PROVIDED, HOWEVER, THAT SUCH
ESTABLISHMENTS AS HOTELS, DINING ROOMS AND BOARDING HOUSES WHERE
THE ABOVE NAMED PRODUCTS ARE PRODUCED AND CONSUMED ONLY ON THE
PREMISES NEED NOT REGISTER SUCH PRODUCTS WITH THE DEPARTMENT OF
AGRICULTURE.
(B) IT SHALL BE UNLAWFUL TO IMPORT INTO THIS COMMONWEALTH
FOR SALE ANY OF THE ABOVE NAMED PRODUCTS COATED OR UNCOATED,
UNLESS THE SAME ARE REGISTERED WITH AND THE MANUFACTURE THEREOF
HAS BEEN LICENSED BY THE DEPARTMENT OF AGRICULTURE WHERE
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PROVIDED IN THIS ACT.
SECTION 3. WHAT CONSTITUTES ADULTERATION.--ANY FROZEN
DESSERT REFERRED TO IN THIS ACT SHALL BE DEEMED TO BE
ADULTERATED WITHIN THE MEANING OF THIS ACT IF--
(1) IT CONTAINS ANY SUBSTANCE OR COMPOUND THAT IS
DELETERIOUS TO HEALTH.
(2) IT CONTAINS ANY COLORING SUBSTANCE DELETERIOUS TO
HEALTH: PROVIDED, HOWEVER, THAT THIS CLAUSE SHALL NOT BE
CONSTRUED TO PROHIBIT THE USE OF HARMLESS COLORING MATTER FROM A
LIST OF PERMITTED COLORING MATERIAL ESTABLISHED BY THE
DEPARTMENT OF AGRICULTURE WHEN SUCH USE DOES NOT CONCEAL DAMAGE
OR INFERIORITY.
(3) IT CONTAINS ANY DELETERIOUS FLAVORING MATTER OR
FLAVORING MATTER NOT TRUE TO NAME.
(4) IT IS OFFERED FOR SALE FROM ANY CONTAINER, COMPARTMENT
OR CABINET WHICH CONTAINS ANY ARTICLE OTHER THAN FROZEN DESSERTS
EXCEPT THAT FROZEN DESSERTS WHEN PROPERLY WRAPPED OR PACKAGED BY
THE MANUFACTURER AND IN UNBROKEN PACKAGES OR CONTAINERS FOR
DELIVERY TO THE CONSUMER MAY BE OFFERED FOR SALE FROM ONE OR
MORE SEPARATE COMPARTMENTS OF A REFRIGERATED CONTAINER OR
CABINET OF WHICH OTHER SEPARATE COMPARTMENTS CONTAIN PROPERLY
WRAPPED, UNBROKEN AND SEALED PACKAGES OF FROZEN FOODS READY FOR
DELIVERY TO THE CONSUMER.
(5) IT FALLS BELOW THE STANDARDS OF ANY OF THEM FIXED FOR
THE PARTICULAR PRODUCT BY THE DEFINITION PROMULGATED PURSUANT TO
THE AUTHORITY GRANTED BY THIS ACT OR IS FALSELY LABELED OR
LABELED CONTRARY TO REGULATIONS PROMULGATED PURSUANT TO THIS
ACT.
(6) IT IS MANUFACTURED UNDER CONDITIONS NOT IN CONFORMITY
WITH THE PROVISIONS OF SECTION 6 OF, OR RULES AND REGULATIONS
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PROMULGATED BY THE DEPARTMENT PURSUANT TO, THIS ACT.
SECTION 6. FROZEN DESSERT PLANTS SANITARY STANDARDS.--IT
SHALL BE UNLAWFUL TO OPERATE ANY FROZEN DESSERT PLANT UNLESS IT
SHALL BE MAINTAINED AND OPERATED WITH STRICT REGARD FOR THE
PURITY AND WHOLESOMENESS OF THE PRODUCTS PRODUCED THEREIN. THE
ENTIRE ESTABLISHMENT AND ITS APPERTAINING PREMISES, INCLUDING
FIXTURES, FURNISHINGS, MACHINERY, APPARATUS, IMPLEMENTS,
UTENSILS, RECEPTACLES AND ALL EQUIPMENT USED IN PRODUCTION,
KEEPING, STORING, HANDLING OR DISTRIBUTING SHALL BE MAINTAINED
AND OPERATED IN A CLEAN, SANITARY MANNER. THE EQUIPMENT,
CONTAINERS AND PIPING SHALL BE CONSTRUCTED OF A SMOOTH NONTOXIC
IMPERVIOUS CORROSION RESISTANT MATERIAL AND FABRICATED IN SUCH A
MANNER THAT THERE WILL BE NO CONTAMINATION OF THE PRODUCTS
HANDLED THEREIN AND THEY CAN BE EASILY SANITIZED. ALL EQUIPMENT
SHALL BE KEPT IN GOOD WORKING ORDER AND CONDITION AND SHALL BE
LOCATED SO AS TO FACILITATE CLEANING AND PRACTICALLY ELIMINATE
THE POSSIBILITY OF CONTAMINATION. ALL EQUIPMENT AND UTENSILS
USED IN THE PRODUCTION OF ANY PRODUCT WHOSE SURFACE COMES IN
CONTACT WITH ANY SUCH PRODUCT OR ANY OF THE INGREDIENTS THEREOF
SHALL BE THOROUGHLY CLEANED AFTER USING AND STERILIZED
IMMEDIATELY PRIOR TO USING. THE CLOTHING HABITS AND CONDUCT OF
THE EMPLOYES SHALL BE CONDUCIVE TO AND PROMOTE CLEANLINESS AND
SANITATION. THERE SHALL BE PROPER, SUITABLE AND ADEQUATE TOILETS
AND LAVATORIES AND EQUIPMENT FOR CLEANSING, CONSTRUCTED,
MAINTAINED AND OPERATED IN A CLEAN AND SANITARY MANNER.
SECTION 7. REGISTRATION AND LICENSING OF PLANTS.--(A) IT
SHALL BE THE DUTY OF EVERY PERSON, WHETHER RESIDENT OR
NONRESIDENT OF THIS COMMONWEALTH, OPERATING A FROZEN DESSERT
PLANT OR PLANTS, WHOSE PRODUCTS ARE SOLD OR OFFERED FOR SALE IN
PENNSYLVANIA, TO APPLY TO THE DEPARTMENT OF AGRICULTURE FOR A
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LICENSE TO DO SO AND TO REGISTER WITH THE DEPARTMENT EACH PLANT
AND EVERY BRAND AND TYPE OF PRODUCT PRODUCED OR MANUFACTURED IN
SUCH PLANT ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR,
OR BEFORE ANY OPERATION IS UNDERTAKEN, IF AFTER JANUARY FIRST,
AND TO PAY TO THE DEPARTMENT AT THE TIME SUCH APPLICATION FOR
REGISTRATION AND LICENSE IS FILED AN ANNUAL LICENSE FEE WHICH
SHALL EXPIRE ON THE FOLLOWING DECEMBER THIRTY-FIRST AS FOLLOWS:
FOR EACH FROZEN DESSERT PLANT PRODUCING ANNUALLY NOT IN
EXCESS OF ONE HUNDRED THOUSAND GALLONS, TEN DOLLARS ($10); IN
EXCESS OF ONE HUNDRED THOUSAND GALLONS AND NOT IN EXCESS OF TWO
HUNDRED AND FIFTY THOUSAND GALLONS, FIFTY DOLLARS ($50); AND IN
EXCESS OF TWO HUNDRED AND FIFTY THOUSAND GALLONS, ONE HUNDRED
DOLLARS ($100).
(B) THE APPLICATION FOR A LICENSE AND REGISTRATION SHALL BE
MADE ON A FORM TO BE SUPPLIED BY THE DEPARTMENT OF AGRICULTURE.
(C) UPON APPROVAL OF APPLICATION FOR REGISTRATION AND
LICENSE AND PAYMENT OF REQUIRED LICENSE FEE AND ALSO APPROVAL OF
SANITARY CONDITIONS IN A FROZEN DESSERT PLANT, THE DEPARTMENT OF
AGRICULTURE SHALL ISSUE TO EACH APPLICANT A LICENSE OR
CERTIFICATE OF REGISTRATION WHICH SHALL EXPIRE AT THE END OF
EACH CALENDAR YEAR AND WHICH WILL AUTHORIZE THE OPERATION OF
SAID PLANT FOR THE CALENDAR YEAR OR PORTION THEREOF FOR WHICH A
LICENSE OR CERTIFICATE OF REGISTRATION SHALL BE ISSUED.
(D) ESTABLISHMENTS SUCH AS HOTELS, DINING ROOMS AND BOARDING
HOUSES WHERE THE PRODUCTS DEFINED HEREIN ARE PRODUCED AND
CONSUMED ONLY ON THE PREMISES NEED NOT COMPLY WITH THE LICENSING
AND REGISTRATION PROVISIONS OF THIS ACT, BUT THE OTHER
PROVISIONS OF THIS LAW AND REGULATIONS PASSED PURSUANT THERETO,
SHALL APPLY TO SUCH ESTABLISHMENTS.
SECTION 8. REVOCATION OF LICENSES.--THE DEPARTMENT OF
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AGRICULTURE IS HEREBY AUTHORIZED TO REVOKE OR SUSPEND ANY
LICENSE FOR CAUSE AND WHERE IT SHALL BE PROPERLY ASCERTAINED
THAT THE FROZEN DESSERT PLANT IS NOT OPERATED IN A PROPER AND
SANITARY MANNER.
SECTION 9. ENFORCEMENT; RULES AND REGULATIONS.--(A) THE
DEPARTMENT OF AGRICULTURE IS CHARGED WITH THE ENFORCEMENT OF THE
PROVISIONS OF THIS ACT: PROVIDED, HOWEVER, THAT THE DEPARTMENT
OF AGRICULTURE IN THE USUAL MANNER, OR ANY PERSON, COMMITTEE OR
ASSOCIATION COMPOSED OF PERSONS AFFECTED BY THIS ACT OR RULES OR
REGULATIONS OF THE DEPARTMENT OF AGRICULTURE MAY INSTITUTE SUCH
ACTION AT LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE
COMPLIANCE WITH THIS ACT OR ANY RULE, REGULATION, DEFINITION OR
STANDARD OF IDENTITY OF THE DEPARTMENT MADE PURSUANT TO THE
PROVISIONS OF THIS ACT.
(B) THE DEPARTMENT OF AGRICULTURE SHALL, AFTER PUBLIC
HEARING, ADOPT, PROMULGATE AND ENFORCE DEFINITIONS AND STANDARDS
OF IDENTITY FOR FROZEN DESSERTS AND THE MIXES USED IN THE
MANUFACTURE THEREOF TOGETHER WITH RULES AND REGULATIONS
GOVERNING THE PACKAGING, LABELING, SANITARY REQUIREMENTS AND ALL
OTHER CONDITIONS RELATING TO THE MANUFACTURE, PROCESSING,
DISTRIBUTION AND SALE OF FROZEN DESSERTS, WHETHER MANUFACTURED
OR PROCESSED IN A REGULAR MANUFACTURING PLANT, IN A COUNTER
FREEZER OR OTHERWISE, TO CARRY OUT THE PURPOSES OF THIS ACT, TO
PREVENT DECEPTION IN THE SALE OF FROZEN DESSERTS AND TO
SAFEGUARD THE HEALTH OF CONSUMERS. ALL DEFINITIONS AND STANDARDS
OF IDENTITY AND RULES AND REGULATIONS PROMULGATED BY THE
DEPARTMENT SHALL BE BASED ON THE HEARING RECORD AND FOLLOWING
ANY HEARING TO CONSIDER DEFINITIONS AND STANDARDS OF IDENTITY,
RULES AND REGULATIONS AND LABELING REQUIREMENTS OR ANY OF THESE,
THE DEPARTMENT SHALL ISSUE A RECOMMENDED DECISION AND SHALL
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AFFORD INTERESTED PARTIES AN OPPORTUNITY TO FILE EXCEPTIONS
BASED ON THE HEARING RECORD. THE DEPARTMENT IN ISSUING A FINAL
DECISION SHALL RULE ON ANY EXCEPTIONS FILED, SETTING FORTH ITS
REASONS THEREFOR. SUCH REGULATIONS, WHEN PROMULGATED SHALL HAVE
THE FORCE AND EFFECT OF LAW. THE DEPARTMENT IS HEREBY AUTHORIZED
TO ADOPT INSOFAR AS APPLICABLE, THE STANDARDS OF IDENTITY AND
DEFINITIONS FROM TIME TO TIME PROMULGATED BY THE SECRETARY OF
HEALTH, EDUCATION AND WELFARE OF THE UNITED STATES UNDER THE
FEDERAL ACT DEFINING AND STANDARDIZING FROZEN DESSERTS.
SECTION 10. VIOLATIONS; PUNISHMENT; INJUNCTION.--(A) ANY
PERSON VIOLATING ANY OF THE PROVISIONS OF THIS ACT OR
DEFINITIONS AND STANDARDS OF IDENTITY, RULES OR REGULATIONS MADE
PURSUANT THERETO SHALL, FOR THE FIRST OR SECOND OFFENSE UPON
CONVICTION THEREOF IN A SUMMARY PROCEEDING, BE SENTENCED TO PAY
A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS ($25), NOR MORE THAN
ONE HUNDRED DOLLARS ($100), AND COSTS OF PROSECUTION, OR IN
DEFAULT OF SUCH FINE AND COSTS IN THE CASE OF AN INDIVIDUAL, OR
THE OFFICERS AND MEMBERS OF AN ASSOCIATION, PARTNERSHIP OR
CORPORATION, TO UNDERGO AN IMPRISONMENT IN THE COUNTY JAIL OF
NOT LESS THAN THIRTY DAYS NOR MORE THAN SIXTY DAYS, AND FOR A
THIRD OR SUBSEQUENT OFFENSE WITHIN TWO YEARS SHALL BE GUILTY OF
A MISDEMEANOR AND SENTENCED TO PAY A FINE NOT EXCEEDING ONE
THOUSAND DOLLARS ($1000), OR IN THE CASE OF AN INDIVIDUAL OR THE
OFFICERS AND MEMBERS OF AN ASSOCIATION, PARTNERSHIP OR
CORPORATION, TO UNDERGO AN IMPRISONMENT NOT EXCEEDING ONE YEAR,
OR BOTH, IN THE DISCRETION OF THE COURT.
ALL FINES AND PENALTIES IMPOSED AND RECOVERED FOR THE
VIOLATION OF THE PROVISIONS OF THIS ACT SHALL BE PAID INTO THE
STATE TREASURY THROUGH THE DEPARTMENT OF REVENUE AND CREDITED TO
THE GENERAL FUND.
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(B) THE ATTORNEY GENERAL, AT THE REQUEST OF THE DEPARTMENT,
MAY IN THE NAME OF THE COMMONWEALTH INSTITUTE PROCEEDINGS FOR
THE PURPOSE OF ENJOINING THE CONDUCT OF BUSINESS IN THIS
COMMONWEALTH CONTRARY TO THE PROVISIONS OF THIS ACT.
SECTION 13. SHORT TITLE.--THIS ACT SHALL BE KNOWN AS AND MAY
BE CITED AS "THE FROZEN DESSERT LAW."
SECTION 13.1. SEVERABILITY.--IT IS HEREBY DECLARED TO BE THE
LEGISLATIVE INTENT THAT IF THIS ACT CANNOT TAKE EFFECT IN ITS
ENTIRETY BECAUSE OF THE DECISION OF ANY COURT HOLDING
UNCONSTITUTIONAL ANY PART, SENTENCE OR CLAUSE HEREOF, THE
REMAINING PROVISIONS OF THE ACT SHALL BE GIVEN FULL FORCE AND
EFFECT AS COMPLETELY AS IF THE PART HELD UNCONSTITUTIONAL HAD
NOT BEEN INCLUDED HEREIN.
IT IS HEREBY DECLARED AS THE INTENT OF THE LEGISLATURE THAT
EVERY OTHER PART, SENTENCE OR CLAUSE OF THIS ACT WOULD HAVE BEEN
ENACTED HAD SUCH UNCONSTITUTIONAL PROVISION NOT BEEN INCLUDED
HEREIN.
SECTION 14. EFFECTIVE DATE.--THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.]
SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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