PRINTER'S NO. 1955
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1351
Session of
2022
INTRODUCED BY YAW, LAUGHLIN, COLLETT, DILLON, SANTARSIERO,
MARTIN, BARTOLOTTA, COSTA, MASTRIANO AND BREWSTER,
OCTOBER 3, 2022
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, OCTOBER 3, 2022
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, further providing for penalties
and prohibiting certain food packaging; and imposing a
penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5725(b) of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5725. Penalties.
* * *
(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 any 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 shall be assessed for a violation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
of this subchapter unless the person charged has been given
notice and opportunity for a hearing in accordance with law.
In determining the amount of the penalty, the secretary shall
consider the gravity of the violation. Whenever the secretary
finds a violation which did not cause harm to human health,
the secretary may issue a warning in lieu of assessing a
penalty. In case of inability to collect the civil penalty or
failure of any person to pay all or any 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.
* * *
Section 2. Title 3 is amended by adding a section to read:
§ 5731.1. Prohibited food packaging.
(a) PFAS chemicals packaging.--Beginning January 1, 2024, no
person shall manufacture, distribute, sell or offer for sale in
this Commonwealth food packaging containing PFAS chemicals
present in any amount.
(b) Certificate of compliance.--
(1) A person that manufactures, distributes, sells or
offers for sale in this Commonwealth food packaging shall
post a certificate of compliance at the person's place of
business to attest that the food packaging is in compliance
with the requirements of this section. Within 30 days after a
request by the department, the person shall provide the
certificate of compliance to the department.
(2) If the person fails to certify that the food
packaging is in compliance, the department may seek an
injunction to require the person to withdraw the food
packaging in question from sale or promotional use within
20220SB1351PN1955 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this Commonwealth.
(c) Penalty.--
(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 any order
issued under this subchapter, the secretary may assess:
(i) A civil penalty not to exceed $5,000 upon an
individual or business for a first offense under this
section.
(ii) A civil penalty not to exceed $10,000 upon an
individual or business for a second or subsequent offense
under this section.
(2) The provisions of section 5725(b)(1) (relating to
penalties) shall not apply to a violation of this section.
(d) Deposit of civil penalties.--Penalties collected under
this section shall be deposited into the Hazardous Sites Cleanup
Fund established in section 901 of the act of October 18, 1988
(P.L.756, No.108), known as the Hazardous Sites Cleanup Act.
(e) Rulemaking.--The secretary, in consultation with the
Department of Environmental Protection, shall enforce this
section as well as promulgate regulations that are necessary.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Food packaging." A container or component that is intended
for direct food contact.
"PFAS chemicals." A class of fluorinated organic chemicals
that contain at least one fully fluorinated carbon atom,
including perfluoroalkyl and polyfluoroalkyl substances.
Section 2. This act shall take effect in 60 days.
20220SB1351PN1955 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30