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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CARROLL, HANNA, BEYER, BRENNAN, CALTAGIRONE, DALEY, DeLUCA, FABRIZIO, FREEMAN, GEIST, GEORGE, GRUCELA, HENNESSEY, JOSEPHS, KULA, MELIO, M. O'BRIEN, PASHINSKI, READSHAW, SIPTROTH, K. SMITH AND YUDICHAK, FEBRUARY 2, 2009 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 2, 2009 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, codifying the Public Eating and Drinking Place Law |
3 | and the Food Act; providing for the protection of public |
4 | health and for regulations; requiring licensing; further |
5 | providing for food employee certification and for farmers' |
6 | market; providing for penalties; and making related repeals. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Chapter 57 of Title 3 of the Pennsylvania |
10 | Consolidated Statutes is amended by adding subchapters to read: |
11 | CHAPTER 57 |
12 | FOOD PROTECTION |
13 | [(Reserved)] |
14 | Subchapter |
15 | A. Retail Food Facility Safety |
16 | B. Food Safety |
17 | SUBCHAPTER A |
18 | RETAIL FOOD FACILITY SAFETY |
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1 | Sec. |
2 | 5701. Short title of chapter. |
3 | 5702. Definitions. |
4 | 5703. License required. |
5 | 5704. Inspection, sampling and analysis. |
6 | 5705. (Reserved). |
7 | 5706. (Reserved). |
8 | 5707. Powers of department. |
9 | 5708. Infectious persons. |
10 | 5709. Linens, equipment and utensils. |
11 | 5710. Retail food facility and employee cleanliness. |
12 | 5711. Toilets, sinks and drains. |
13 | 5712. (Reserved). |
14 | 5713. School cafeterias and organized camps. |
15 | 5714. Penalties. |
16 | 5715. (Reserved). |
17 | 5716. Acts not affected. |
18 | § 5701. Short title of chapter. |
19 | This chapter shall be known and may be cited as the Retail |
20 | Food Facility Safety Act. |
21 | § 5702. Definitions. |
22 | The following words and phrases when used in this subchapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | "Bed and breakfast homestead or inn." A private residence |
26 | which contains ten or fewer bedrooms used for providing |
27 | overnight accommodations to the public and in which breakfast is |
28 | the only meal served and is included in the charge for the room. |
29 | "Employee." The license holder, person in charge, person |
30 | having supervisory or management duties, person on the payroll, |
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1 | family member, volunteer, person performing work under |
2 | contractual agreement or other person working in a retail food |
3 | facility. |
4 | "Food employee." An individual working with unpackaged food, |
5 | food equipment or utensils or food contact surfaces. |
6 | "License." A grant to a proprietor to operate a retail food |
7 | facility. |
8 | "Licensor." Any of the following: |
9 | (1) The county department of health or joint-county |
10 | department of health whenever a retail food facility is |
11 | located in a political subdivision under the jurisdiction of |
12 | a county department of health or joint-county department of |
13 | health. |
14 | (2) The health authorities of cities, boroughs, |
15 | incorporated towns and first class townships whenever a |
16 | retail food facility is located in a city, borough, |
17 | incorporated town or first class township not under the |
18 | jurisdiction of a county department of health or joint-county |
19 | department of health. |
20 | (3) The health authorities of second class townships and |
21 | second class townships which have adopted a home rule charter |
22 | which elect to issue licenses under this subchapter whenever |
23 | a retail food facility is located in a second class township |
24 | or second class township which has adopted a home rule |
25 | charter not under the jurisdiction of a county department of |
26 | health or joint-county department of health. |
27 | (4) The Department of Agriculture whenever a retail food |
28 | facility is located in any other area of this Commonwealth. |
29 | "Organized camp." A combination of programs and facilities |
30 | established for the primary purpose of providing an outdoor |
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1 | group living experience for children, youth and adults, with |
2 | social, recreational and educational objectives, and operated |
3 | and used for five or more consecutive days during one or more |
4 | seasons of the year. |
5 | "Person in charge." A person designated by a retail food |
6 | facility operator to be present at a retail food facility and |
7 | responsible for the operation of the retail food facility at the |
8 | time of inspection. |
9 | "Proprietor." A person, partnership, association or |
10 | corporation conducting or operating a retail food facility |
11 | within this Commonwealth. |
12 | "Public eating or drinking place." A place within this |
13 | Commonwealth where food or drink is served to or provided for |
14 | the public, with or without charge. The term does not include |
15 | dining cars operated by a railroad company in interstate |
16 | commerce or a bed and breakfast homestead or inn. |
17 | "Raw agricultural commodity." As defined under section 5722 |
18 | (relating to definitions). |
19 | "Retail food establishment." An establishment which stores, |
20 | prepares, packages, vends, offers for sale or otherwise provides |
21 | food for human consumption and which relinquishes possession of |
22 | food to a consumer directly, or indirectly, through a delivery |
23 | service such as home delivery of grocery orders or delivery |
24 | service provided by common carriers. The term does not include |
25 | dining cars operated by a railroad company in interstate |
26 | commerce or a bed and breakfast homestead or inn. |
27 | "Retail food facility." A public eating or drinking place or |
28 | a retail food establishment. |
29 | § 5703. License required. |
30 | (a) Unlawful conduct.-- Except as provided in subsection |
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1 | (b), it shall be unlawful for any proprietor to conduct or |
2 | operate a retail food facility without first obtaining a license |
3 | for each retail food facility as provided in this subchapter. |
4 | (b) Exempt retail food facilities.-- |
5 | (1) A licensor may exempt the following retail food |
6 | facilities from the license requirements of this section: |
7 | (i) A food bank owned by a charitable nonprofit |
8 | entity and operated for charitable or religious purposes. |
9 | (ii) A soup kitchen owned by a charitable nonprofit |
10 | entity and operated for charitable or religious purposes. |
11 | (iii) A retail food facility that operates on no |
12 | more than three days each calendar year. |
13 | (iv) A school cafeteria. |
14 | (v) A retail food facility that is owned by a |
15 | charitable nonprofit entity and that is one or more of |
16 | the following: |
17 | (A) Managed by an organization which is |
18 | established to promote and encourage participation or |
19 | support for extracurricular recreational activities |
20 | for youth of primary and secondary public, private |
21 | and parochial school systems on a not-for-profit |
22 | basis. This subparagraph does not apply to organized |
23 | camps. |
24 | (B) Offers only foods that are nonpotentially |
25 | hazardous foods or beverages. |
26 | (vi) A retail food facility in which food or |
27 | beverages are sold only through a vending machine. |
28 | If the licensor is the department, the exemption shall be |
29 | accomplished by order of the secretary and published in the |
30 | Pennsylvania Bulletin. If the licensor is an entity other |
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1 | than the department, the exemption shall be accomplished by |
2 | order of the local government unit or units having |
3 | jurisdiction over the licensor. A retail food facility that |
4 | is exempted from the license requirements under this section |
5 | shall remain subject to inspection and all other provisions |
6 | of this subchapter. |
7 | (2) A licensor shall exempt the following retail food |
8 | facilities from the license requirements of this section: |
9 | (i) A retail food facility in which only |
10 | prepackaged, nonpotentially hazardous food or beverages |
11 | are sold. |
12 | (ii) A retail food facility that sells only raw |
13 | agricultural commodities. |
14 | A retail food facility that is exempted from the license |
15 | requirements under this section shall remain subject to |
16 | inspection and all other provisions of this subchapter. |
17 | (c) Issuance of license.--A retail food facility license |
18 | shall be issued by the licensor having jurisdiction. A license |
19 | shall specify the date of expiration, the period for which the |
20 | license is valid, the name of the licensee and the place |
21 | licensed. Licenses shall be conspicuously displayed at all times |
22 | in the place thereby licensed. Licenses shall not be |
23 | transferable. |
24 | (d) Application requirement.--Any person owning or operating |
25 | or desiring to operate a retail food facility within this |
26 | Commonwealth shall make application for a license to the |
27 | licensor on forms furnished by the licensor. The forms shall, at |
28 | a minimum, set forth such information as the department may |
29 | require and any additional information a licensor that is not |
30 | the department may require under the authority of the act of |
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1 | August 24, 1951 (P.L.1304, No.315), known as the Local Health |
2 | Administration Law. Application forms shall include the name and |
3 | address of the applicant, together with all the other |
4 | information deemed necessary to identify the applicant, provide |
5 | contact information for the applicant, identify the location of |
6 | the retail food facility that is the subject to the application |
7 | and facilitate the licensor's processing of the application. |
8 | (e) Inspection.-- |
9 | (1) No license shall be issued until inspection of the |
10 | retail food facility has been made by the licensor and the |
11 | retail food facility meets the requirements of both this |
12 | subchapter and one of the following: |
13 | (i) The rules and regulations of the department. |
14 | (ii) The rules and regulations adopted under the |
15 | authority of the Local Health Administration Law. |
16 | (2) Rules and regulations adopted by a licensor who is |
17 | not the department shall, at the minimum, meet the |
18 | requirements of this subchapter and the rules and regulations |
19 | of the department. |
20 | (f) Reports.--If the licensor is an entity other than the |
21 | department, the licensor shall provide the department a copy of |
22 | any inspection report resulting from any inspection conducted |
23 | under authority of this subchapter within 30 days of the |
24 | inspection date. This copy may be sent by electronic methods, as |
25 | approved by the department. The department may, by regulation, |
26 | require that inspection reports be submitted in a specific |
27 | electronic format. |
28 | (g) Term of license.-- |
29 | (1) Except as provided in paragraph (2), licenses shall |
30 | expire on the day after the original license anniversary date |
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1 | at intervals of one year, or for any other license period |
2 | that is established by the department through regulation and |
3 | that uses risk-based factors identified in the current |
4 | edition of the Food Code, published by the United States |
5 | Department of Health, Food and Drug Administration, as a |
6 | basis for determining the appropriate license interval. An |
7 | application for renewal shall be made one month before the |
8 | expiration of an existing license. A license granted under |
9 | the provisions of this subchapter shall be renewed if the |
10 | most recent inspection by the licensor was conducted within |
11 | the preceding license period and determined that requirements |
12 | specified in this chapter with respect to the retail food |
13 | facility were met. |
14 | (2) A temporary license for a retail food facility that |
15 | operates on no more than 14 days in one calendar year or for |
16 | a retail food facility operating at a fair, festival or |
17 | similar temporary event shall be granted with respect to the |
18 | calendar year in which it is issued if the retail food |
19 | facility meets the requirements of this subchapter. |
20 | (h) Sales and use tax license.--No license shall be issued |
21 | until the proprietor exhibits proof that the proprietor has |
22 | applied for or received a sales and use tax license or exemption |
23 | certificate from the Department of Revenue. |
24 | (i) Denial or revocation of license.-- |
25 | (1) A licensor shall state in writing to the proprietor |
26 | the reason for the refusal to issue a license. |
27 | (2) (i) If a retail food facility licensed by the |
28 | department is in violation of a provision of this |
29 | subchapter, or of a regulation promulgated under |
30 | authority of this subchapter, or of any other act related |
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1 | to public health and being applicable to retail food |
2 | facilities, the department may suspend or revoke the |
3 | license. If a retail food facility licensed by an entity |
4 | other than the department is in violation of a provision |
5 | of this subchapter, or of a regulation promulgated under |
6 | authority of this subchapter, or of any other act related |
7 | to public health and being applicable to retail food |
8 | facilities, or of the regulations of the licensor |
9 | pertaining to retail food facilities, the licensor may |
10 | suspend or revoke the license. The suspension of a |
11 | license shall be terminated when the violation for which |
12 | it was imposed has been found, upon inspection by the |
13 | licensor, to have been corrected. Whenever a license is |
14 | suspended or revoked, no part of the fee paid therefore |
15 | shall be returned to the proprietor. |
16 | (ii) A licensor may, as an alternative to suspending |
17 | or revoking a license, provide a licensee a reasonable |
18 | interval within which to correct conditions that |
19 | constitute a violation that would result in the |
20 | suspension or revocation of the license, provided that |
21 | the health and safety of the employees, occupants and |
22 | patrons of the retail food facility can be reasonably |
23 | assured during that interval. |
24 | (j) Fees.--The fees that may be charged under this |
25 | subchapter are as established by the licensor, if the licensor |
26 | is an entity other than the department, and shall be paid into |
27 | the city, borough, incorporated town, township or county |
28 | treasury. If the licensor is the department, the fees shall be |
29 | paid to the State Treasury through the department and are as |
30 | follows: |
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1 | (1) For licensure of a retail food facility that has not |
2 | been previously licensed, and that is owner-operated and that |
3 | has a seating capacity of less than 50: $103. |
4 | (2) For licensure of a retail food facility that has not |
5 | been previously licensed and that is not described in |
6 | paragraph (1): $241. |
7 | (3) For a renewal of a license or for issuing a license |
8 | to reflect a change of ownership: $82. |
9 | (4) For a duplicate license, for each retail food |
10 | facility location: $14. |
11 | (5) For a temporary license under subsection (g)(2): |
12 | $14. |
13 | (6) For conducting a follow-up inspection to review |
14 | whether changes have been made to correct violations which |
15 | resulted in noncompliant status determined by a prior |
16 | inspection: |
17 | (i) For the first follow-up inspection during the |
18 | licensure period: $150. |
19 | (ii) For a second or subsequent follow-up inspection |
20 | during the licensure period: $300. |
21 | (7) For conducting an inspection that is not otherwise |
22 | required by the department, but that is conducted at the |
23 | behest of the proprietor of the retail food facility: $150. |
24 | (8) For any license described in paragraph (1), (2), |
25 | (3), (4) or (5) that is issued for a period of greater than |
26 | one year by regulation of the department in accordance with |
27 | subsection (g), the license fee otherwise prescribed under |
28 | those paragraphs shall be prorated for the license period. |
29 | (k) Multiple retail food facilities.--Whenever any |
30 | proprietor maintains more than one retail food facility within |
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1 | this Commonwealth, the proprietor shall be required to apply for |
2 | and procure a license for each retail food facility. |
3 | § 5704. Inspection, sampling and analysis. |
4 | (a) Inspection.--For purposes of enforcement of this |
5 | subchapter, a licensor is authorized, upon presenting |
6 | appropriate credentials to the person in charge: |
7 | (1) To enter at reasonable times any retail food |
8 | facility. |
9 | (2) To inspect at reasonable times, within reasonable |
10 | limits and in a reasonable manner, the retail food facility. |
11 | (3) To obtain a sample of any food at a retail food |
12 | facility for analysis as may be necessary to determine |
13 | compliance with this subchapter if the licensor, upon |
14 | completion of the inspection and prior to leaving the |
15 | facility, provides the person in charge a receipt describing |
16 | the sample obtained. |
17 | (b) Billing.--A retail food facility from which a sample was |
18 | collected may bill the licensor for the fair market value of the |
19 | sample. |
20 | (c) Report.--Upon completion of an inspection of a retail |
21 | food facility and prior to leaving the premises, a licensor |
22 | shall give to the person in charge a written report of the |
23 | findings of the inspection. Results from the analysis of any |
24 | samples taken shall be provided to the person in charge within |
25 | 30 days of receipt. |
26 | § 5705. (Reserved). |
27 | § 5706. (Reserved). |
28 | § 5707. Powers of department. |
29 | (a) Rules and regulations.--The department shall make such |
30 | reasonable rules and regulations as may be deemed necessary for |
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1 | carrying out the provisions and intent of this subchapter. In |
2 | promulgating regulations, the department shall be guided by the |
3 | most current edition of the Food Code, published by the United |
4 | States Department of Health, Food and Drug Administration. The |
5 | regulatory standards established by the department under this |
6 | section shall be the minimum standards followed and applied by |
7 | any licensor with respect to retail food facilities. |
8 | (b) Food service at schools and organized camps.-- |
9 | (1) The department shall provide for the inspection of a |
10 | food service at a school and for the training of school food |
11 | service personnel in accordance with the standards applied to |
12 | retail food facilities for schools located in areas in which |
13 | the department is the licensor. Upon request, the department |
14 | shall provide training to school food service personnel or |
15 | inspections of a food service at a school located in areas in |
16 | which the department is not the licensor. |
17 | (2) The department shall provide for the inspection of a |
18 | food service at organized camps and for the training of food |
19 | service personnel at organized camps in accordance with the |
20 | standards applied to retail food facilities for organized |
21 | camps located in areas in which the department is the |
22 | licensor. Upon request, the department shall provide training |
23 | to organized camp food service personnel or inspections of a |
24 | food service at organized camps located in areas in which the |
25 | department is not the licensor. |
26 | (c) Inspection.--If a licensor is required to provide the |
27 | department a copy of an inspection report pursuant to section |
28 | 5703(f) (relating to license required) and fails to comply with |
29 | that requirement, the department may inspect and license the |
30 | subject retail food facility, and the licensor that failed to |
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1 | comply with the inspection requirement shall not charge or |
2 | collect any fee for licensing the subject retail food facility. |
3 | If the department conducts an inspection, it shall, within 30 |
4 | days, provide the licensor a copy of the inspection report. |
5 | (d) Interagency coordination.--The department shall provide |
6 | inspection reports or test results that indicate human illness |
7 | related to food consumption or food handling practices, or to |
8 | other threats to the safety of the food supply, to the |
9 | Department of Health, the Department of Environmental Protection |
10 | or any other Commonwealth agency as necessary to develop a |
11 | comprehensive, coordinated interagency approach to protecting |
12 | public health and safeguarding the food supply. |
13 | § 5708. Infectious persons. |
14 | No proprietor shall allow any food employee to be in a retail |
15 | food facility if that person has an infectious or communicable |
16 | disease, as prohibited under the act of April 23, 1956 (1955 |
17 | P.L.1510, No.500), known as the Disease Prevention and Control |
18 | Law of 1955, and its attendant regulations related to |
19 | restrictions on food handlers. In consultation with the |
20 | Department of Health, the department may promulgate regulations |
21 | with respect to specific illnesses as related to operations in a |
22 | retail food facility as it deems necessary for the protection of |
23 | public health. |
24 | § 5709. Linens, equipment and utensils. |
25 | No proprietor shall utilize any linens, equipment or utensils |
26 | unless the linens, equipment or utensils have been thoroughly |
27 | cleansed and sanitized in the manner prescribed by regulation of |
28 | the department. |
29 | § 5710. Retail food facility and employee cleanliness. |
30 | All retail food facilities, kitchens, dining rooms and all |
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1 | places where foods are prepared, kept or stored shall be kept in |
2 | a clean and sanitary condition and be protected from dust, dirt, |
3 | insects and vermin in the manner prescribed by the regulations |
4 | of the department. The clothing and hands of employees shall at |
5 | all times be clean and sanitary. No domestic pets or other |
6 | animals shall be permitted where food or drink is prepared, |
7 | handled or stored unless specifically permitted or required |
8 | under the Americans with Disabilities Act of 1990 (Public Law |
9 | 101-336, 104 Stat. 327) or other Federal or State law. No person |
10 | shall be permitted to use for living or sleeping purposes any |
11 | room or place in any retail food facility which is regularly and |
12 | customarily used for the preparation, handling, storing or |
13 | serving of food. |
14 | § 5711. Toilets, sinks and drains. |
15 | All toilets, hand-wash sinks, tubs, sinks and drains used in |
16 | or in connection with any retail food facility shall at all |
17 | times be kept in a clean and sanitary condition. |
18 | § 5712. (Reserved). |
19 | § 5713. School cafeterias and organized camps. |
20 | Officials of schools and organized camps shall cooperate with |
21 | the department in the conduct of cafeteria health and safety |
22 | inspections and shall participate in inspection services and |
23 | training programs made available by the department in areas |
24 | where the department is the licensor. Upon request, the |
25 | department shall provide training to school or organized camp |
26 | food service personnel or inspections of a food service at a |
27 | school or organized camp located in areas in which the |
28 | department is not the licensor. |
29 | § 5714. Penalties. |
30 | (a) Retail food facilities under jurisdiction of |
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1 | department.--For retail food facilities under the jurisdiction |
2 | of the department, penalties are as follows: |
3 | (1) A person who violates any provision of this |
4 | subchapter or any rule, regulation, standard or order made |
5 | under this subchapter commits a summary offense for the first |
6 | or second offense and shall be subject to a fine not less |
7 | than $100 but not more than $300. A person who violates any |
8 | provision of this subchapter or any rule, regulation, |
9 | standard or order made under this subchapter commits a |
10 | misdemeanor of the third degree if the violation is a third |
11 | or subsequent offense and if the violation occurs within two |
12 | years of the date of the last previous offense. |
13 | (2) In addition to proceeding under any other remedy |
14 | available at law or in equity for a violation of this |
15 | subchapter or a rule or regulation adopted or any order |
16 | issued under this subchapter, the secretary may assess a |
17 | civil penalty not to exceed $10,000 upon an individual or |
18 | business for each offense. No civil penalty shall be assessed |
19 | unless the person charged has been given notice and |
20 | opportunity for a hearing in accordance with law. In |
21 | determining the amount of the penalty, the secretary shall |
22 | consider the gravity of the violation. Whenever the secretary |
23 | finds a violation which did not cause harm to human health, |
24 | the secretary may issue a warning in lieu of assessing a |
25 | penalty. In case of inability to collect the civil penalty or |
26 | failure of any person to pay all or any portion of the |
27 | penalty as the secretary may determine, the secretary may |
28 | refer the matter to the Attorney General, who shall recover |
29 | the amount by action in the appropriate court. |
30 | (b) Retail food facilities under other jurisdiction.-- |
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1 | Penalties shall be established by the licensor for retail food |
2 | facilities under the jurisdiction of a licensor that is not the |
3 | department. |
4 | § 5715. (Reserved). |
5 | § 5716. Acts not affected. |
6 | Nothing in this subchapter shall be construed to abrogate or |
7 | supersede any provision or regulation adopted under the act of |
8 | August 24, 1951 (P.L.1304, No.315), known as the Local Health |
9 | Administration Law, with regard to licensure, regulation and |
10 | inspection of a retail food facility, as defined in section 5702 |
11 | (relating to definitions). |
12 | SUBCHAPTER B |
13 | FOOD SAFETY |
14 | Sec. |
15 | 5721. Short title of subchapter. |
16 | 5722. Definitions. |
17 | 5723. Prohibited acts. |
18 | 5724. Temporary or permanent injunctions. |
19 | 5725. Penalties. |
20 | 5726. Detention and condemnation. |
21 | 5727. Temporary permits. |
22 | 5728. Adulteration of food. |
23 | 5729. Misbranding of food. |
24 | 5730. Regulations to exempt certain labeling requirements. |
25 | 5731. Poisonous or deleterious substances and tolerances. |
26 | 5732. Inspection, sampling and analysis. |
27 | 5733. Rules and regulations. |
28 | 5734. Registration of food establishments. |
29 | 5735. Product registration. |
30 | 5736. Construction of subchapter. |
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1 | 5737. Acts not affected. |
2 | § 5721. Short title of subchapter. |
3 | This subchapter shall be known and may be cited as the Food |
4 | Safety Act. |
5 | § 5722. Definitions. |
6 | The following words and phrases when used in this subchapter |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Color additive." A material which is a dye, pigment or |
10 | other substance made by a process of synthesis or similar |
11 | artifice or extracted, isolated or otherwise derived, with or |
12 | without intermediate or final change of identity, from a |
13 | vegetable, animal, mineral or other source and when added or |
14 | applied to a food is capable, alone or through reaction with |
15 | other substances, of imparting color thereto. The term includes |
16 | black, white and intermediate grays. The term does not include: |
17 | (1) Any material which the Secretary of Agriculture, by |
18 | regulation, determines is used or intended to be used solely |
19 | for a purpose or purposes other than coloring. |
20 | (2) Any pesticide chemical, soil or plant nutrient or |
21 | other agricultural chemical solely because of its effect in |
22 | aiding, retarding or otherwise affecting, directly or |
23 | indirectly, the growth or other natural physiological process |
24 | of produce of the soil and thereby affecting its color, |
25 | whether before or after harvest. |
26 | "Federal acts." The Wholesome Meat Act (Public Law 90-201, |
27 | 21 U.S.C. § 601 et seq.), the Federal Food, Drug, and Cosmetic |
28 | Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), the Poultry |
29 | Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et |
30 | seq.), the Fair Packaging and Labeling Act (Public Law 89-755, |
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1 | 15 U.S.C. § 1451 et seq.), the Federal Insecticide, Fungicide, |
2 | and Rodenticide Act (61 Stat. 163, 7 U.S.C. § 136 et seq.) and |
3 | the Nutrition Labeling and Education Act of 1990 (Public Law |
4 | 101-535, 104 Stat. 2353). |
5 | "Food." An article used for food or drink by humans, |
6 | including chewing gum and articles used for components of any |
7 | article. The term does not include medicines and drugs. |
8 | "Food additive." A substance, the intended use of which |
9 | results or may reasonably be expected to result, directly or |
10 | indirectly, in its becoming a component or otherwise affecting |
11 | the characteristics of any food if the substance is not |
12 | generally recognized among experts qualified by scientific |
13 | training and expertise to evaluate its safety, as having been |
14 | adequately shown through scientific procedures or, in the case |
15 | of a substance used in food prior to January 1, 1958, through |
16 | either scientific procedures or experience based on common use |
17 | in food to be safe under the conditions of its intended use. The |
18 | term does not include the following: |
19 | (1) A pesticide chemical in or on a raw agricultural |
20 | commodity. |
21 | (2) A pesticide chemical to the extent that it is |
22 | intended for use or is used in the production, storage or |
23 | transportation of any raw agricultural commodity. |
24 | (3) A color additive. |
25 | (4) Any substance used in accordance with a sanction or |
26 | approval granted prior to the enactment of this paragraph |
27 | pursuant to a statute repealed by this act, pursuant to the |
28 | Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C. |
29 | § 451 et seq.) or pursuant to the Wholesome Meat Act (Public |
30 | Law 90-201, 21 U.S.C. § 601 et seq.). |
|
1 | (5) A new animal drug. |
2 | As used in this definition, the term "substance" includes any |
3 | substance intended for use in producing, manufacturing, |
4 | packaging, processing, preparing, treating, transporting or |
5 | holding food and any source of radiation intended for any use. |
6 | "Food establishment." A room, building or place or portion |
7 | thereof or vehicle maintained, used or operated for the purpose |
8 | of commercially storing, packaging, making, cooking, mixing, |
9 | processing, bottling, baking, canning, freezing, packing or |
10 | otherwise preparing, transporting or handling food. The term |
11 | excludes retail food facilities, retail food establishments, |
12 | public eating and drinking places and those portions of |
13 | establishments operating exclusively under milk or milk products |
14 | permits. |
15 | "Imitation food." A food that is a substitute for and |
16 | resembles another food but is nutritionally inferior to that |
17 | food. |
18 | "Label." A display of written, printed or graphic matter |
19 | upon the immediate container of any food. The term "immediate |
20 | container" does not include package liners. |
21 | "Labeling." All labels and other written, printed or graphic |
22 | matter upon a food or any of its containers or wrappings. |
23 | "Package." Any container or wrapping in which food is |
24 | enclosed for delivery or display to retail purchasers. The term |
25 | does not include the following: |
26 | (1) Shipping containers or wrappings for the |
27 | transportation of food in bulk or quantity to manufacturers, |
28 | packers or processors or to wholesale or retail distributors. |
29 | (2) Shipping containers or wrappings used by retailers |
30 | to ship or deliver food to retail customers, if the |
|
1 | containers or wrappings bear no printed matter pertaining to |
2 | food. |
3 | (3) Containers used for tray pack displays in retail |
4 | establishments. |
5 | (4) Transparent containers or wrappings which do not |
6 | bear written, printed or graphic matter which obscures |
7 | information required to be displayed on the label. |
8 | "Pesticide chemical." A substance used in the production, |
9 | storage or transportation of raw agricultural commodities which, |
10 | alone or in chemical combination or formulation with one or more |
11 | other substances, is a pesticide within the meaning of the act |
12 | of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania |
13 | Pesticide Control Act of 1973. |
14 | "Potentially hazardous food." As defined in the 2005 Food |
15 | Code published by the United States Department of Health, Food |
16 | and Drug Administration, or its successor document. |
17 | "Principal display panel." A part of a label that is most |
18 | likely to be displayed, presented, shown or examined under |
19 | normal and customary conditions of display for retail sale and |
20 | is large enough to accommodate all the mandatory information |
21 | required to be placed on the label. |
22 | "Public eating and drinking place." As defined in section |
23 | 5702 (relating to definitions). |
24 | "Raw agricultural commodity." A food in its raw or natural |
25 | state, including all fruits which are washed, colored or |
26 | otherwise treated in their unpeeled, natural form prior to |
27 | marketing. |
28 | "Retail food establishment." As defined in section 5702 |
29 | (relating to definitions). |
30 | "Retail food facility." As defined in section 5702 (relating |
|
1 | to definitions). |
2 | "Secretary." Includes an authorized representative, employee |
3 | or agent of the Department of Agriculture. |
4 | § 5723. Prohibited acts. |
5 | The following acts are prohibited: |
6 | (1) Manufacture, sale, delivery, consignment, bailment, |
7 | holding or offering for sale of any food that is adulterated |
8 | or misbranded, except where a person in good faith delivers |
9 | or offers to deliver the food and furnishes shipping |
10 | documents to the secretary. |
11 | (2) Adulteration or misbranding of any food. |
12 | (3) Knowingly receiving in commerce any food which is |
13 | adulterated or misbranded and the delivery or proffered |
14 | delivery thereof for pay or otherwise. |
15 | (4) Sale, delivery for sale, holding for sale or |
16 | offering for sale any article in violation of section 5731 |
17 | (relating to poisonous or deleterious substances and |
18 | tolerances). |
19 | (5) Refusal to permit during normal business hours entry |
20 | to, inspection of or taking of a sample or access to or |
21 | copying of any record at a food establishment as authorized |
22 | under section 5732(a)(2) and (3) (relating to inspection, |
23 | sampling and analysis). |
24 | (6) Removal or disposal of a detained or embargoed food |
25 | article in violation of section 5726 (relating to detention |
26 | and condemnation). |
27 | (7) Alteration, mutilation, destruction, obliteration or |
28 | removal of the whole or any part of the labeling of a food or |
29 | the doing of any other act with respect to a food, if the act |
30 | is done while the food is held for sale and results in the |
|
1 | food being adulterated or misbranded. |
2 | (8) Forging, counterfeiting, simulating, falsely |
3 | representing or using without proper authority any mark, |
4 | stamp, tag, label or other identification device authorized |
5 | or required by regulation promulgated under this subchapter. |
6 | (9) Use by any person to his own advantage or revealing, |
7 | other than to the secretary or the courts when relevant in |
8 | any judicial proceeding under this subchapter, of any |
9 | information acquired under authority of this subchapter |
10 | concerning any method or process which, as a trade secret or |
11 | confidential trade information, is entitled to protection. |
12 | (10) Holding of any potentially hazardous food at unsafe |
13 | temperatures in violation of an applicable regulation issued |
14 | under this chapter. |
15 | (11) Failure to register with the department under the |
16 | provisions of section 5734 (relating to registration of food |
17 | establishments). |
18 | (12) Use of wording which incorrectly indicates or |
19 | implies that a label or product has received approval of the |
20 | department. A food establishment may not claim registration |
21 | either upon its label or package or otherwise, except as |
22 | provided in section 5735 (relating to product registration). |
23 | (13) Sale of confectionery containing alcohol at a level |
24 | above one-half of 1% by volume. |
25 | (14) Failure by a carrier to make records showing the |
26 | movement in commerce of any food or the holding thereof |
27 | during or after the movement and the quantity, shipper and |
28 | consignee thereof available for one year after the initial |
29 | date of movement of the food in commerce. |
30 | § 5724. Temporary or permanent injunctions. |
|
1 | In addition to any other remedies provided in this |
2 | subchapter, the secretary may apply to the Commonwealth Court or |
3 | to any other court having jurisdiction for a temporary or |
4 | permanent injunction restraining a person from violating this |
5 | subchapter or any regulation adopted under this subchapter. |
6 | § 5725. Penalties. |
7 | (a) Criminal penalties.--A person who violates any provision |
8 | of this subchapter or any rule, regulation, standard or order |
9 | made under this subchapter commits a summary offense for the |
10 | first or second offense. A person who violates this subchapter |
11 | or any rule, regulation, standard or order made under this |
12 | subchapter commits a misdemeanor of the third degree if the |
13 | violation is a third or subsequent offense and if the violation |
14 | occurs within two years of the date of the last previous |
15 | offense. |
16 | (b) Civil penalties.--In addition to proceeding under any |
17 | other remedy available at law or in equity for a violation of |
18 | this subchapter, or a rule or regulation adopted or any order |
19 | issued under this subchapter, the secretary may assess a civil |
20 | penalty not to exceed $10,000 upon an individual or business for |
21 | each offense. No civil penalty shall be assessed unless the |
22 | person charged has been given notice and opportunity for a |
23 | hearing in accordance with law. In determining the amount of the |
24 | penalty, the secretary shall consider the gravity of the |
25 | violation. Whenever the secretary finds a violation which did |
26 | not cause harm to human health, the secretary may issue a |
27 | warning in lieu of assessing a penalty. In case of inability to |
28 | collect the civil penalty or failure of any person to pay all or |
29 | any portion of the penalty as the secretary may determine, the |
30 | secretary may refer the matter to the Attorney General, who |
|
1 | shall recover the amount by action in the appropriate court. |
2 | (c) Guaranty.-- |
3 | (1) No prosecution shall be sustained under the |
4 | provisions of this subchapter for the manufacture, delivery, |
5 | consignment, bailment, holding or sale of or offering for |
6 | sale, exposing for sale or having in possession with intent |
7 | to sell any adulterated or misbranded article against a |
8 | person from whom the article of food, sample or portion was |
9 | obtained by the department if the person can establish a |
10 | guaranty to the effect that the article of food is not |
11 | adulterated or misbranded within the meaning of this |
12 | subchapter, was adulterated or misbranded prior to coming |
13 | into the possession of the person and the person did not know |
14 | or have reason to know of the adulteration or misbranding or |
15 | was adulterated or misbranded after if left the possession |
16 | and control of the person. The guaranty must be signed by the |
17 | supplier, manufacturer, wholesale dealer, jobber or |
18 | distributor from whom the articles of food were purchased or |
19 | procured. |
20 | (2) The guaranty to afford protection shall contain the |
21 | name and address of the supplier, manufacturer, wholesale |
22 | dealer, jobber or distributor making the sale of the article |
23 | of food to the person holding the guaranty. A supplier, |
24 | manufacturer, wholesale dealer, jobber or distributor giving |
25 | a guaranty under the provisions of this subchapter may be |
26 | held responsible and may be proceeded against for the |
27 | adulteration or misbranding of any article of food sold under |
28 | the guaranty and shall be subject to the penalties provided |
29 | for violation of this subchapter. A guaranty shall not |
30 | operate as a defense to prosecution for a violation of the |
|
1 | provisions of this subchapter if the person holding the |
2 | guaranty continues to sell the same food after written or |
3 | printed notice from the secretary that the article is |
4 | adulterated or misbranded within the meaning of this |
5 | subchapter. However, if the person violated the provisions of |
6 | this subchapter by having stored, transported, exposed or |
7 | kept the article in a way or manner to render it diseased, |
8 | contaminated or unwholesome, the person may be proceeded |
9 | against for a violation. |
10 | (d) Minor violations.--Nothing in this subchapter shall be |
11 | construed as requiring prosecution or institution of a |
12 | proceeding under this subchapter for minor violations of this |
13 | subchapter if the secretary believes that the public interest |
14 | will be adequately served in the circumstances by a suitable |
15 | written notice or warning. |
16 | (e) Food establishments subject to local inspections.-- |
17 | Penalties shall be established by the county, borough, |
18 | incorporated town or township for food establishments that are |
19 | subject to local inspection under section 5733(b) (relating to |
20 | rules and regulations). |
21 | § 5726. Detention and condemnation. |
22 | (a) Marking detained food.--Whenever the secretary has |
23 | probable cause to believe that food is adulterated or |
24 | misbranded, the secretary shall affix to the container or |
25 | wrapping a tag or other marking. The tag or marking shall give |
26 | notice that: |
27 | (1) The food may be adulterated or misbranded and shall |
28 | be detained. |
29 | (2) It is unlawful to remove the food from the food |
30 | establishment or to dispose of it without approval of the |
|
1 | secretary. |
2 | (b) Determination and appeal.--The secretary shall determine |
3 | whether a food detained under this subchapter may be sold, |
4 | delivered, consigned, held or offered for sale as is or whether |
5 | it shall be relabeled, reprocessed or destroyed within 40 days |
6 | of issuance of the detention order. Any determination by the |
7 | secretary that the food shall be relabeled, reprocessed or |
8 | destroyed shall be subject, within 30 days of the determination, |
9 | to appeal by the owner or operator of the food establishment or |
10 | the manufacturer or owner of the food to the court of common |
11 | pleas of the county in which the food was located. The detention |
12 | order shall expire after five working days from the issuance of |
13 | the order, unless the secretary confirms the order. The order |
14 | shall clearly and concisely state the facts on which it is |
15 | based. |
16 | (c) Relabeling.--If the secretary determines that the |
17 | adulteration or misbranding can be corrected by a proper label |
18 | or reprocessing and the determination is not appealed within the |
19 | time permitted, the secretary may direct that the food be |
20 | released to the claimant to label or process under the |
21 | supervision of the secretary. The relabeled or reprocessed food |
22 | shall not be released into the market until the secretary has |
23 | executed an order indicating that the food is no longer in |
24 | violation of this subchapter. |
25 | (d) Order for destruction.--Food detained under this |
26 | subchapter shall be destroyed by the owner under the supervision |
27 | of the secretary, if the secretary determines that the food is |
28 | unfit for human consumption and the food cannot be reconditioned |
29 | so as to be made fit for human consumption and the determination |
30 | is not appealed within the time permitted. Food detained under |
|
1 | this subchapter may be used as animal feed or for other |
2 | beneficial use, provided that such use is in compliance with |
3 | other applicable statutes, rules, regulations, standards and |
4 | orders. The owner shall pay all costs of destruction. |
5 | § 5727. Temporary permits. |
6 | Temporary permits granted by Federal agencies for interstate |
7 | shipment of experimental packs of food varying from the |
8 | requirements of definitions and standards of identity in Federal |
9 | acts shall be effective in this Commonwealth under the |
10 | conditions provided in the permits. The secretary may issue |
11 | intrastate permits where they are necessary to the completion of |
12 | an investigation and where the interests of consumers are |
13 | safeguarded for foods not complying with definitions, standards |
14 | of identity and State laws and regulations. The permits shall be |
15 | for a period not to exceed one year, although the permit may be |
16 | extended for a period of up to one additional year if a new |
17 | standard of identity has been applied for under section 5733 |
18 | (relating to rules and regulations). The secretary may revoke a |
19 | permit after notice to the affected party if the application |
20 | contains misleading statements or if the secretary determines |
21 | that unfair competitive advantage is gained through the issuance |
22 | of the permit or that the need no longer exists for the permit. |
23 | § 5728. Adulteration of food. |
24 | A food shall be deemed adulterated: |
25 | (1) If it bears or contains any poisonous or deleterious |
26 | substance which may render it injurious to health. However, |
27 | if the substance is not an added substance, the food shall |
28 | not be considered adulterated under this section if the |
29 | quantity of the substance in the food does not ordinarily |
30 | render it injurious to health. |
|
1 | (2) If it bears or contains any added poisonous or added |
2 | deleterious substance which is unsafe within the meaning of |
3 | section 5731 (relating to poisonous or deleterious substances |
4 | and tolerances). This paragraph does not apply to a pesticide |
5 | chemical in or on a raw agricultural commodity, a food |
6 | additive or a color additive. |
7 | (3) If it is a raw agricultural commodity and bears or |
8 | contains a pesticide chemical which is unsafe within the |
9 | meaning of section 5731, except that, where a pesticide |
10 | chemical has been used in or on a raw agricultural commodity |
11 | with an exemption granted or tolerance prescribed under |
12 | section 5731 or under any of the Federal acts and the raw |
13 | agricultural commodity has been subjected to processing such |
14 | as canning, cooking, freezing, dehydrating or milling, the |
15 | residue of the pesticide remaining in or on the processed |
16 | food shall, notwithstanding the provisions of section 5731 |
17 | and this paragraph, not be deemed unsafe if the residue in or |
18 | on the raw agricultural commodity has been removed to the |
19 | extent possible in good manufacturing practice and the |
20 | concentration of the residue in the processed food when ready |
21 | to eat is not greater than the tolerance prescribed for the |
22 | raw agricultural commodity. |
23 | (4) If it bears or contains any food additive which is |
24 | unsafe within the meaning of section 5731 or under any of the |
25 | Federal acts. |
26 | (5) If it consists, in whole or in part, of any |
27 | diseased, contaminated, filthy, putrid or decomposed |
28 | substance or is otherwise unfit for food. |
29 | (6) If it has been produced, prepared, packed or held |
30 | under unsanitary conditions so that it may have become |
|
1 | contaminated with filth or may have been rendered diseased, |
2 | unwholesome or injurious to health. |
3 | (7) If it is, in whole or in part, the product of a |
4 | diseased animal or of an animal which has died otherwise than |
5 | by slaughter. |
6 | (8) If its container is composed, in whole or in part, |
7 | of any poisonous or deleterious substance which may render |
8 | the contents injurious to health, unless the container is |
9 | fabricated or manufactured with good manufacturing practice |
10 | as that standard is defined and delineated by any of the |
11 | Federal acts and their regulations. |
12 | (9) If it has been intentionally subjected to radiation, |
13 | unless the use of the radiation was in conformity with a |
14 | regulation or exemption in effect under section 5731 or under |
15 | one of the Federal acts. |
16 | (10) If: |
17 | (i) any valuable constituent has been, in whole or |
18 | in part, omitted or abstracted therefrom; |
19 | (ii) any substance has been substituted wholly or in |
20 | part; |
21 | (iii) damage or inferiority has been concealed in |
22 | any manner; or |
23 | (iv) any substance has been added thereto or mixed |
24 | or packed so as to increase its bulk or weight or reduce |
25 | its quality or strength or make it appear better or of |
26 | greater value than it is. |
27 | (11) If it bears or contains any color additive which is |
28 | unsafe within the meaning of section 5731 or under one of the |
29 | Federal acts. |
30 | (12) If it bears or contains eggs processed by or egg |
|
1 | products derived from a manufacturing, processing or |
2 | preparing method wherein whole eggs are broken using a |
3 | centrifuge-type egg breaking machine that separates the egg's |
4 | liquid interior from the shell. |
5 | § 5729. Misbranding of food. |
6 | (a) General rule.--A food shall be misbranded: |
7 | (1) If its labeling is false or misleading in any way. |
8 | (2) If it is offered for sale under the name of another |
9 | food. |
10 | (3) If it is an imitation of another food, unless its |
11 | label bears, in type of uniform size and prominence, the word |
12 | "imitation" and, immediately thereafter, the name of the food |
13 | that is simulated. |
14 | (4) If its container is so made, formed or filled as to |
15 | be misleading. |
16 | (5) If it is in a package that does not bear a label |
17 | containing: |
18 | (i) The name and place of business of the |
19 | manufacturer, packer or distributor. |
20 | (ii) An accurate statement of the quantity of the |
21 | contents in terms of weight, measure or numerical count. |
22 | Reasonable variations are permitted and exemptions as to |
23 | small packages shall be established in regulations |
24 | promulgated by the secretary. |
25 | (6) If it is represented as a food for which a |
26 | definition and standard of identity has been prescribed by |
27 | regulation under this subchapter or under any of the Federal |
28 | acts, unless it conforms to the definition and standard and |
29 | its label bears the name of the food specified in the |
30 | definition and standard and the common names of optional |
|
1 | ingredients, other than spices, flavoring and coloring, |
2 | present in the food. |
3 | (7) Unless its label bears the following: |
4 | (i) The common or usual name of the food, if any. |
5 | (ii) If made from two or more ingredients, the |
6 | common or usual name of each ingredient is listed in |
7 | descending order of predominance by weight, except that |
8 | spices, flavorings and colorings not required to be |
9 | certified under any of the Federal acts, other than those |
10 | sold as such, may be designated as spices, flavorings and |
11 | colorings without naming each. |
12 | (8) If it is represented for special dietary uses, |
13 | unless its label bears such information concerning its |
14 | vitamin, mineral and other dietary properties as determined |
15 | by regulation to be necessary and in order to inform |
16 | purchasers as to its value for such use. |
17 | (9) If it bears or contains any artificial flavoring, |
18 | artificial coloring or chemical preservative, unless it bears |
19 | labeling stating that fact. Exemptions shall be established |
20 | by regulations to the extent that compliance with |
21 | requirements of this paragraph is impracticable. The |
22 | provisions of this paragraph or paragraphs (6) and (7) with |
23 | respect to artificial coloring shall not apply in the case of |
24 | butter, cheese or ice cream. The provisions of this paragraph |
25 | with respect to chemical preservatives shall not apply to a |
26 | pesticide chemical when used in or on a raw agricultural |
27 | commodity which is the produce of the soil. |
28 | (10) If it is a raw agricultural commodity bearing or |
29 | containing a pesticide chemical applied after harvest, unless |
30 | the shipping container of the commodity bears labeling which |
|
1 | declares the presence of the chemical and the common or usual |
2 | name and function of the chemical. A declaration shall not be |
3 | required when the commodity is removed from the shipping |
4 | container and is held or displayed for sale at retail in |
5 | accordance with the custom of the trade. |
6 | (11) If it is a color additive, unless its packaging and |
7 | labeling are in conformity with the packaging and labeling |
8 | requirements applicable to color additives in department |
9 | regulations. |
10 | (12) If, at the site of purchase of the particular food, |
11 | a sign, placard or other graphic matter relating to the food |
12 | is false or misleading in any particular. |
13 | (b) Exceptions.--The provisions of subsection (a)(1), (2), |
14 | (3), (4), (5), (6), (7), (8), (9), (10) and (11) shall not apply |
15 | to the following: |
16 | (1) Bakery goods sold at retail by the bakery directly |
17 | to the consumer in a store or market stand operated by the |
18 | bakery. The bakery goods must be made by the bakery, the |
19 | bakery must guarantee that they are in compliance with this |
20 | act in all other respects and the required information in |
21 | subsection (a)(1), (2), (3), (4), (5), (6), (7), (8) and (9) |
22 | must be available to the public at the point-of-sale. |
23 | (2) Bakery goods sold to the operators of retail food |
24 | facilities when the required information in subsection (a)(1) |
25 | (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) is |
26 | available to the public on the premises of the retail food |
27 | facility. |
28 | (c) Nonpackaged food.--Food offered for retail sale in other |
29 | than package form shall be accompanied by a sign, placard or |
30 | notice listing the ingredients in descending order of |
|
1 | predominance by weight. |
2 | § 5730. Regulations to exempt certain labeling requirements. |
3 | The department shall promulgate regulations exempting from |
4 | any labeling requirement food which is, in accordance with the |
5 | practice of the trade, to be processed, labeled or repacked in |
6 | substantial quantities at establishments other than those where |
7 | originally processed or packed if the food is not adulterated or |
8 | misbranded under this subchapter upon removal from the |
9 | processing, labeling or repacking establishments. |
10 | § 5731. Poisonous or deleterious substances and tolerances. |
11 | (a) Additions to food.--A poisonous or deleterious substance |
12 | added to a food, except where the substance is required in its |
13 | production and cannot be avoided by good manufacturing practice, |
14 | shall be deemed to be unsafe unless added in compliance with the |
15 | Federal acts. |
16 | (b) Pesticide chemicals in or on raw agricultural |
17 | commodities.--A poisonous or deleterious pesticide chemical, or |
18 | any chemical which is not generally recognized among experts |
19 | qualified by scientific training and experience to evaluate the |
20 | safety of pesticide chemicals as safe for use, added to a raw |
21 | agricultural commodity shall be deemed unsafe unless added in |
22 | compliance with the Federal acts. |
23 | (c) Unsafe food additives.--A food additive shall, with |
24 | respect to any particular use or intended use, be deemed to be |
25 | unsafe for the purposes of the application of section 5728(4) |
26 | (relating to adulteration of food) unless it and its intended |
27 | use conform to the terms of an exemption which is in effect |
28 | under this section or unless there is in effect, and it and its |
29 | intended use are in conformity with, a regulation issued under |
30 | this section prescribing the conditions under which the additive |
|
1 | may be safely used. A food which is in compliance with a |
2 | regulation relating to a food additive shall not, by reason of |
3 | bearing or containing an additive in accordance with the |
4 | regulations, be considered adulterated within the meaning of |
5 | section 5728(4). |
6 | § 5732. Inspection, sampling and analysis. |
7 | (a) Inspection.--For purposes of enforcement of this |
8 | subchapter, the secretary is authorized, upon presenting |
9 | appropriate credentials to the owner, operator or agent in |
10 | charge: |
11 | (1) To enter at reasonable times any factory, warehouse |
12 | or food establishment in which food is or was manufactured, |
13 | processed, packed or held for introduction into commerce or |
14 | to enter any vehicle used to transport or hold the food in |
15 | commerce. |
16 | (2) To inspect at reasonable times, within reasonable |
17 | limits and in a reasonable manner the factory, warehouse, |
18 | food establishment or vehicle and all pertinent materials, |
19 | containers and labeling and to obtain samples necessary to |
20 | administer this subchapter. |
21 | (3) To have access to and to copy all records of |
22 | carriers showing the movement in commerce of any food or the |
23 | holding thereof during or after the movement, and the |
24 | quantity, shipper and consignee thereof, if the secretary has |
25 | probable cause to believe that the movement or holding of |
26 | food is in violation of this subchapter or department |
27 | regulations. |
28 | (b) Report of inspection.--Upon completion of an inspection |
29 | of a factory, warehouse or other food establishment and prior to |
30 | leaving the premises, the secretary shall give to the owner, |
|
1 | operator or agent in charge a written report of the findings of |
2 | the inspection. |
3 | (b.1) Interagency coordination.--The department shall share |
4 | inspection reports or tests results that indicate human illness |
5 | related to food consumption or food handling practices, or to |
6 | other threats to the safety of the food supply, with the |
7 | Department of Health, the Department of Environmental Protection |
8 | or any other Commonwealth agency as necessary to develop a |
9 | comprehensive, coordinated interagency approach to protecting |
10 | public health and safeguarding the food supply. |
11 | (c) Collection of samples.--During an inspection of a |
12 | factory or other food establishment where food is manufactured, |
13 | processed, packed, stored or offered for sale, the secretary may |
14 | obtain a sample of any food for such analysis as is necessary to |
15 | determine compliance with this subchapter. |
16 | (d) Receipt for samples.--If the secretary has obtained any |
17 | sample in the course of the inspection, the secretary shall, |
18 | upon completion of the inspection and prior to leaving the |
19 | premises, give to the owner, operator or agent in charge a |
20 | receipt describing the sample obtained. |
21 | (e) Payment of samples.--The food establishment from which |
22 | samples are collected may bill the secretary for the fair market |
23 | value of the samples. |
24 | § 5733. Rules and regulations. |
25 | (a) Nature of rules.--The secretary shall be charged with |
26 | the enforcement of this subchapter and shall promulgate rules, |
27 | regulations and food standards necessary for its proper |
28 | enforcement. The rules, regulations and food standards shall |
29 | conform and shall be construed to conform with the purposes |
30 | expressed in section 5736 (relating to construction of |
|
1 | subchapter). |
2 | (b) Local inspection.--Nothing in this subchapter shall |
3 | prohibit any county, city, borough, incorporated town or |
4 | township which was licensing food establishments in accordance |
5 | with the act of August 24, 1951 (P.L.1304, No.315), known as the |
6 | Local Health Administration Law, on September 2, 1994, from |
7 | continuing to license such food establishments in accordance |
8 | with the Local Health Administration Law. No county, city, |
9 | borough, incorporated town or township shall ordain or enforce |
10 | requirements of any kind or description related to sanitation, |
11 | food safety, inspections, standards and labeling other than |
12 | those promulgated by the secretary in accordance with this |
13 | subchapter or adopted in accordance with subsection (f). |
14 | (c) Reciprocal inspection.--The secretary is authorized to |
15 | enter into reciprocal agreements with other jurisdictions to |
16 | ensure inhabitants of this Commonwealth that food sold in this |
17 | Commonwealth complies with this subchapter and its regulations. |
18 | The agreements may be for reciprocal inspection and labeling |
19 | review. The secretary may approve or accept inspection and |
20 | labeling requirements of other jurisdiction with respect to |
21 | food. |
22 | (d) Uniform regulation.--In reaching reciprocal agreements |
23 | with other jurisdictions, the provisions of this subchapter and |
24 | its regulations shall be considered as establishing uniform |
25 | requirements and regulations for food establishments throughout |
26 | this Commonwealth as defined in section 5722 (relating to |
27 | definitions). |
28 | (e) Interagency agreements.--Nothing in this subchapter |
29 | shall prohibit a Commonwealth agency which is regulating and |
30 | inspecting retail food facilities in accordance with Subchapter |
|
1 | A (relating to retail food facility safety) from continuing to |
2 | regulate and inspect retail food facilities in accordance with |
3 | Subchapter A. |
4 | (f) Adoption of Federal regulations.--All regulations and |
5 | supplements thereto or revisions thereof adopted under the |
6 | Federal acts which relate to food on, before or after the |
7 | effective date of this subchapter are adopted as regulations in |
8 | this Commonwealth and shall remain in effect unless subsequently |
9 | modified or superseded by regulations promulgated by the |
10 | secretary. |
11 | (g) Definitions.--As used in this section, the phrase "other |
12 | jurisdictions" shall mean the United States of America or any |
13 | state, territory or possession thereof or any other country. |
14 | § 5734. Registration of food establishments. |
15 | (a) General rule.--Subject to the rules and regulations |
16 | adopted by the secretary, it shall be the duty of every person |
17 | operating a food establishment within this Commonwealth to |
18 | register with the secretary as a food establishment. This |
19 | registration requirement shall not be construed to exempt food |
20 | establishments from licensing requirements of any county, city, |
21 | borough, incorporated town or township in accordance with the |
22 | act of August 24, 1951 (P.L.1304, No.315), known as the Local |
23 | Health Administration Law. |
24 | (b) Application.--The application for registration shall be |
25 | made on a form to be supplied by the secretary upon request of |
26 | the applicant. |
27 | (c) Fee.--The registration fee shall be $35 per food |
28 | establishment per year. |
29 | (d) Exception.--Vehicles used primarily for the |
30 | transportation of any consumer commodity in bulk or quantity to |
|
1 | manufacturers, packers, processors or wholesale or retail |
2 | distributors are exempt from the provisions of this section. |
3 | (e) Single food establishment.--For purposes of this |
4 | section, food establishments which are located at the same |
5 | address and operated by the same person shall be deemed to be a |
6 | single food establishment. |
7 | § 5735. Product registration. |
8 | The secretary may promulgate regulations allowing food |
9 | establishments to label their food products as having been |
10 | registered by the department. "Reg. Penna. Dept. Agr." shall be |
11 | the approved abbreviation. This registration label shall be |
12 | limited to food products prepared or packed in a food |
13 | establishment registered under section 5734 (relating to |
14 | registration of food establishments). |
15 | § 5736. Construction of subchapter. |
16 | (a) General rule.--The provisions of this subchapter and the |
17 | regulations promulgated under this subchapter shall be construed |
18 | in a manner that is consistent with the Federal acts and |
19 | regulations promulgated under those acts. The secretary shall |
20 | not ordain or enforce requirements relating to sanitation, food |
21 | safety, food standards and labeling requirements of any kind or |
22 | description other than those provided for in the Federal acts |
23 | unless the proposed regulation meets all of the following: |
24 | (1) is justified by compelling and unique local |
25 | conditions; |
26 | (2) protects an important public interest that would |
27 | otherwise be unprotected; |
28 | (3) relates to subject matter that is primarily local in |
29 | nature and the Federal agency with responsibility over the |
30 | subject matter is not exercising its jurisdiction with |
|
1 | respect to the subject matter; |
2 | (4) would not cause a food to be in violation of any |
3 | applicable requirements under the Federal acts; and |
4 | (5) would not unduly burden interstate commerce. |
5 | (b) Secretary to participate in rulemaking.--The secretary |
6 | is encouraged to participate in rulemaking under the Federal |
7 | acts and, if necessary, to pursue Federal rulemaking as is |
8 | deemed necessary for the protection of the citizens of this |
9 | Commonwealth through the Federal petition and rulemaking |
10 | process. |
11 | § 5737. Acts not affected. |
12 | Nothing in this subchapter shall be construed to abrogate or |
13 | supersede any provision or regulation adopted under: |
14 | (1) The act of July 2, 1935 (P.L.589, No.210), referred |
15 | to as the Milk Sanitation Law, the act of August 8, 1961 |
16 | (P.L.975, No.436), referred to as the Milk Adulteration and |
17 | Labeling Act, and the act of September 1, 1965 (P.L.420, No. |
18 | 215), known as The Frozen Dessert Law. |
19 | (2) The act of August 24, 1951 (P.L.1304, No.315), known |
20 | as the Local Health Administration Law, with regard to |
21 | licensure, regulation and inspection of a public eating or |
22 | drinking place, as defined in section 5702 (relating to |
23 | definitions), which is not a food establishment under this |
24 | subchapter. |
25 | (3) Subchapter A (relating to retail food facility |
26 | safety). |
27 | Section 2. Sections 6502, 6503 and 6504 of Title 3 are |
28 | amended to read: |
29 | § 6502. Definitions. |
30 | The following words and phrases when used in this chapter |
|
1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | ["Advisory board" or "board." The Food Employee |
4 | Certification Advisory Board.] |
5 | "Certificate." A certificate of completion issued by a |
6 | certification program that has been evaluated and listed by an |
7 | accrediting agency that has been recognized by the Conference |
8 | for Food Protection Standards for Accreditation of Food |
9 | Protection Manager Certification Program. |
10 | "Conference for Food Protection." An independent, national |
11 | voluntary nonprofit organization to promote food safety and |
12 | consumer protection. Participants in this organization include |
13 | Federal, State and local regulatory agencies, universities, test |
14 | providers, certifying organizations, consumer groups, food |
15 | service and retail store trade associations and retail food |
16 | facility operators. The objectives of the organization include |
17 | identifying and addressing food safety problems and promoting |
18 | uniformity of regulations in food protection. |
19 | "Employee." As defined under section 5702 (relating to |
20 | definitions). |
21 | "Food establishment." [A room, building, place or portion |
22 | thereof or vehicle maintained, used or operated for the purpose |
23 | of selling to the public, commercially storing, packaging, |
24 | making, cooking, mixing, processing, bottling, baking, canning, |
25 | freezing, packing or otherwise preparing, transporting or |
26 | handling food. The term includes retail food stores and public |
27 | eating and drinking licensees, except those portions of |
28 | establishments operating exclusively under milk or milk products |
29 | permits and those portions of establishments operating |
30 | exclusively under USDA inspection. The term does not include |
|
1 | dining cars operated by a railroad company in interstate |
2 | commerce or a bed and breakfast, homestead or inn as defined in |
3 | the act of May 23, 1945 (P.L.926, No.369), referred to as the |
4 | Public Eating and Drinking Place Law.] As defined in section |
5 | 5722 (relating to definitions). |
6 | "Organized camp." As defined in section 5702 (relating to |
7 | definitions). |
8 | "Person in charge." As defined in section 5702 (relating to |
9 | definitions). |
10 | "Potentially hazardous food." As defined in section 5722 |
11 | (relating to definitions). [A food which consists in whole or in |
12 | part of milk or milk products, eggs, meats, poultry, fish, |
13 | shellfish, edible crustaceans or other ingredients, including |
14 | synthetic ingredients, and which is in a form capable of |
15 | supporting rapid and progressive growth of infectious or |
16 | toxicogenic microorganisms. The term does not include foods that |
17 | have a pH level of 4.6 or below or a water activity of 0.85 or |
18 | less under standard conditions or food products in hermetically |
19 | sealed containers processed to maintain commercial sterility.] |
20 | "Public eating [and] or drinking place." A public eating or |
21 | drinking place as defined in [the act of May 23, 1945 (P.L.926, |
22 | No.369), referred to as the Public Eating and Drinking Place |
23 | Law.] section 5702 (relating to definitions). |
24 | "Retail food establishment." As defined in section 5702 |
25 | (relating to definitions). |
26 | "Retail food facility." A public eating or drinking place or |
27 | a retail food establishment. |
28 | ["Supervisory employee." An owner or a person employed by or |
29 | designated by the business owner to fulfill the requirements of |
30 | this chapter.] |
|
1 | § 6503. Certification [advisory board and] programs. |
2 | (a) [Members of board.--The secretary shall appoint persons |
3 | to serve as members of the Food Employee Certification Advisory |
4 | Board. Representatives shall be selected to represent the |
5 | following groups for a term of two, three or four years to be |
6 | determined by the secretary: |
7 | (1) The chairman and minority chairman of the |
8 | Agricultural and Rural Affairs Committee of the Senate or |
9 | their designees and the chairman and minority chairman of the |
10 | Agricultural and Rural Affairs Committee of the House of |
11 | Representatives or their designees. |
12 | (2) A consumer representative. |
13 | (3) The Secretary of Agriculture or the secretary's |
14 | designee. |
15 | (4) Two representatives of production agriculture. |
16 | (5) Representatives, including at least one person |
17 | recommended by each of the following: Pennsylvania |
18 | Association of Milk Dealers, Pennsylvania Restaurant |
19 | Association, Pennsylvania Food Merchants Association, |
20 | Pennsylvania Convenience Store Council, Pennsylvania Bakers |
21 | Association, Pennsylvania Food Processors Association, |
22 | National Federation of Independent Businesses, Pennsylvania |
23 | Petroleum Marketers & Convenience Store Association, Local |
24 | 1776 UFCW, Pennsylvania Retailers Association, the Licensed |
25 | Beverage Association, Pennsylvania Tourism and Lodging |
26 | Association, Associated Petroleum Industries, Pennsylvania |
27 | Veterinary Medical Association, County Commissioners |
28 | Association of Pennsylvania, Pennsylvania League of Cities |
29 | and Municipalities, Pennsylvania State Association of |
30 | Boroughs, Pennsylvania State Association of Township |
|
1 | Commissioners, Pennsylvania State Association of Township |
2 | Supervisors and Pennsylvania School Food Service Association. |
3 | At least one representative shall have experience in the |
4 | field of public health.] (Reserved). |
5 | (b) [Chairman of board.--The secretary or the secretary's |
6 | designee shall serve as the chairman of the advisory board.] |
7 | (Reserved). |
8 | (c) Certification programs.--[The advisory board shall |
9 | review and recommend certification programs submitted by |
10 | individuals or organizations to ensure adequate training of |
11 | supervisory employees of food establishments.] The department |
12 | shall recognize certification programs including examinations |
13 | developed under those programs that are evaluated and listed by |
14 | an accrediting agency that has been recognized by the Conference |
15 | for Food Protection as conforming to the Conference for Food |
16 | Protection Standards for Accreditation of Food Protection |
17 | Manager Certification Program. |
18 | (c.1) [Other duties.--For the purpose of complying with the |
19 | requirements of section 6504(g)(1) (relating to certification of |
20 | employees), the secretary shall convene a meeting of the |
21 | advisory board no later than March 1, 2003.] (Reserved). |
22 | (d) Certification of [supervisory] employees.--[The |
23 | supervisory employees] An employee shall be certified [by the |
24 | department] following [the completion of training programs |
25 | recommended by the advisory board and approved by the |
26 | department. The department shall adopt food safety protection |
27 | and training standards for the certification of supervisory |
28 | employees who are responsible for the storage, preparation, |
29 | display or serving of foods to the public in establishments |
30 | regulated by the department or local health organizations. These |
|
1 | standards shall be adopted by the department to ensure that, |
2 | upon successfully passing a test, the supervisory employee has |
3 | demonstrated adequate food protection knowledge. These standards |
4 | shall also provide for a certification program which authorizes |
5 | private or public agencies to conduct and approve tests and |
6 | certify the results of these tests to the department. At least |
7 | one supervisory employee of a food establishment shall have |
8 | passed the test and received a certificate attesting thereto. |
9 | Employees shall have a period of 90 days after employment to |
10 | pass the required test.] demonstration of food safety protection |
11 | knowledge by the successful completion of an examination |
12 | conducted by or pursuant to an accredited certification program |
13 | recognized by the department under subsection (c). A retail food |
14 | facility shall have a period of three months after licensing |
15 | under Ch. 57 Subch. A (relating to retail food facility safety) |
16 | within which to comply with this chapter. |
17 | (e) Preemption.--Except as provided in subsection (f), the |
18 | regulation of food safety protection and training standards for |
19 | employees of [food establishments] retail food facilities is |
20 | preempted by the Commonwealth. |
21 | (f) Local programs.--Any food employee certification program |
22 | established by a county, city, borough, incorporated town or |
23 | township prior to September 1, 1994, may remain in effect. |
24 | § 6504. Certification of employees. |
25 | (a) General rule.--[Food establishments shall maintain |
26 | certification records on respective supervisory employees.] Each |
27 | [food establishment shall employ a person having supervisory |
28 | authority] retail food facility shall have a person in charge |
29 | who holds a valid [department food employee] certificate[.] |
30 | present at the retail food facility at all hours of operation. |
|
1 | (a.1) Exemption.--Notwithstanding the provisions of |
2 | subsection (a), the department shall, by regulation, exempt |
3 | categories of retail food facilities from the requirement that a |
4 | certified person in charge be present at all hours of operation. |
5 | The regulation shall consider risk-based factors identified in |
6 | the current edition of the Food Code, published by the United |
7 | States Department of Health, Food and Drug Administration, to |
8 | identify these categories of retail food facilities. |
9 | (b) [Examination.--No certificate shall be issued unless the |
10 | applicant has successfully completed a training course and |
11 | passed an examination recommended by the advisory board and |
12 | approved by the department.] (Reserved). |
13 | (c) Compliance.-- |
14 | (1) (Reserved). |
15 | (2) A [food establishment] retail food facility exempt |
16 | under section 6510(d) (relating to exemptions) may |
17 | voluntarily seek certification under this section. |
18 | (3) Except as provided in section 6510, compliance with |
19 | this chapter by a [food establishment] retail food facility |
20 | shall be mandatory. [by July 1, 2004. Section 6503(e) |
21 | (relating to certification advisory board and programs) shall |
22 | not apply to any food establishment prior to July 1, 2004, |
23 | unless that food establishment complies with this chapter.] |
24 | (d) Employee turnover.--[Food establishments] Retail food |
25 | facilities which are not in compliance because of employee |
26 | turnover or other loss of certified [personnel] employees shall |
27 | have three months from the date of loss of certified [personnel] |
28 | employees to comply. |
29 | (e) Maintenance and inspection of records.--Names and |
30 | certificate numbers of certified [personnel] employees shall be |
|
1 | maintained at the place of business and shall be made available |
2 | [for inspection by the department.] to and shall be inspected |
3 | by: |
4 | (1) the department for retail food facilities that are |
5 | licensed under Subchapter A of Chapter 57 (relating to retail |
6 | food facility safety) by the department; or |
7 | (2) the licensor for retail food facilities that are |
8 | licensed under Subchapter A of Chapter 57 by a licensor that |
9 | is not the department. |
10 | (f) Period of certification.--Certification shall be in |
11 | effect for [five years.] the certification interval prescribed |
12 | by the accredited certification program described in section |
13 | 6503(c) (relating to certification programs). Renewal of |
14 | certification shall be based on the [completion of courses |
15 | recommended by the advisory board and approved by the |
16 | department. The courses shall not include a written |
17 | examination.] successful completion of the certification |
18 | requirements of an accredited certification program as described |
19 | in section 6503(c). |
20 | (g) [Training program.-- |
21 | (1) Training programs to prepare candidates for |
22 | certification examinations and the administration of the |
23 | examination shall be made available throughout this |
24 | Commonwealth through cooperation with industry and others and |
25 | approved by the department. In order to meet the requirements |
26 | of this paragraph, the department shall promulgate |
27 | regulations with the approval of the board no later than July |
28 | 1, 2004, which establish training programs providing for the |
29 | following considerations which include: |
30 | (i) The existence and operation of a department- |
|
1 | approved employee training program on safe food handling |
2 | conducted by the food establishment. |
3 | (ii) The limited handling of potentially hazardous |
4 | food. |
5 | (iii) The number of hours necessary to prepare |
6 | employees for safe food handling due to the food |
7 | establishment's scope of business. |
8 | (iv) The demonstration of satisfactory knowledge and |
9 | proficiency in the safe handling of food as approved by |
10 | the department. |
11 | (2) The department shall develop and administer a |
12 | training program for food establishments voluntarily seeking |
13 | certification under subsection (c)(2). The General Assembly |
14 | may appropriate funds to offset the cost of the program for |
15 | food establishments exempt under section 6510(d).] |
16 | (Reserved). |
17 | (h) [Mitigating factor.-- |
18 | (1) If a food establishment complies with this chapter, |
19 | the compliance shall be given appropriate consideration as a |
20 | mitigating factor in determining if a food establishment |
21 | shall be assessed more than the minimum fine or civil penalty |
22 | required by law in any action to recover fines or penalties |
23 | for a violation of the act of July 7, 1994 (P.L.421, No.70), |
24 | known as the Food Act. |
25 | (2) This subsection shall expire July 1, 2000.] |
26 | (Reserved). |
27 | Section 3. Sections 6506 and 6507 of Title 3 are repealed: |
28 | [§ 6506. Reciprocal agreements. |
29 | The department may accept certifications issued in other |
30 | states that have comparable requirements for certification |
|
1 | provided the department and the other state jurisdiction have |
2 | entered into a reciprocal agreement to accept each state's |
3 | certification program as meeting the provisions of this chapter. |
4 | § 6507. Suspension of certification. |
5 | Certification may be suspended or revoked by the department |
6 | if the holder or person fails to comply with this or other |
7 | sanitation regulations or the act of May 23, 1945 (P.L.926, No. |
8 | 369), referred to as the Public Eating and Drinking Place Law, |
9 | or the act of July 7, 1994 (P.L.421, No.70), known as the Food |
10 | Act. Prior to suspension or revocation, the certificate holder |
11 | shall be given the opportunity for a hearing before the |
12 | department.] |
13 | Section 4. Section 6508 of Title 3 is amended to read: |
14 | § 6508. Civil penalties. |
15 | [In] (a) Retail food facilities licensed by the |
16 | department.--For retail food facilities licensed under |
17 | Subchapter A of Chapter 57 (relating to retail food facility |
18 | safety) by the department, and in addition to proceeding under |
19 | any other remedy available at law or in equity for a violation |
20 | of a provision of this chapter or a rule or regulation adopted |
21 | thereunder or any order issued pursuant thereto, the department |
22 | may assess a civil penalty not to exceed $300 for the first |
23 | offense or not to exceed $1,000 for subsequent offenses upon a |
24 | person or [food establishment] retail food facility for each |
25 | offense. No civil penalty shall be assessed unless the person |
26 | charged has been given notice and opportunity for a hearing on |
27 | the charge in accordance with law. |
28 | (b) Retail food facilities licensed by other licensor.--For |
29 | retail food facilities licensed under Subchapter A of Chapter 57 |
30 | by a licensor that is not the department, penalties under this |
|
1 | chapter shall be established by the licensor. |
2 | Section 5. Section 6509 of Title 3 is repealed: |
3 | [§ 6509. Fees. |
4 | (a) Change by regulation.--All fees imposed by this chapter |
5 | shall remain in effect until changed by the department by |
6 | regulation subject to the act of June 25, 1982 (P.L.633, No. |
7 | 181), known as the Regulatory Review Act. The department shall |
8 | propose to change those fees by regulation following |
9 | consultation with the advisory board. |
10 | (b) Fee for certification.--The department shall issue or |
11 | approve the issuance of a certification document to the person |
12 | upon the successful completion of the approved training program. |
13 | A fee of $20 shall be charged by the department for this service |
14 | unless changed by regulation. |
15 | (c) Payments to municipalities.--Local health departments |
16 | created in accordance with the act of August 24, 1951 (P.L.1304, |
17 | No.315), known as the Local Health Administration Law, may |
18 | enforce the provisions of this chapter as it pertains to public |
19 | eating and drinking licensees. Each local health department |
20 | shall be reimbursed by the department in an amount equal to 50% |
21 | of the civil penalties levied and collected by the department |
22 | pursuant to this chapter in each such jurisdiction.] |
23 | Section 6. Sections 6510 and 8101 of Title 3 are amended to |
24 | read: |
25 | § 6510. Exemptions. |
26 | (a) Prepackaged food.--[Food establishments] |
27 | (1) Retail food facilities where only commercially |
28 | prepackaged food is handled and sold are exempt from this |
29 | chapter. |
30 | (2) Retail food facilities that handle and sell food |
|
1 | other than commercially prepackaged food are exempt from this |
2 | chapter during time periods or work shifts when only |
3 | commercially prepackaged food is sold. |
4 | (b) Nonpotentially hazardous food.--[Food establishments] |
5 | (1) Retail food facilities that handle only |
6 | nonpotentially hazardous food are exempt from this chapter. |
7 | (2) Retail food facilities that handle and sell |
8 | potentially hazardous food are exempt from this chapter |
9 | during time periods or work shifts when only nonpotentially |
10 | hazardous food is handled and sold. |
11 | (c) Food [manufacturing facilities] establishments.--Food |
12 | [manufacturing facilities which are engaged in the manufacture |
13 | of prepackaged foods and which do not manufacture potentially |
14 | hazardous food] establishments are exempt from this chapter. |
15 | (d) Exempt [organizations] retail food facilities.--Except |
16 | as set forth in section 6504(c)(2) (relating to certification of |
17 | employees), the following [organizations] retail food facilities |
18 | are exempt from this chapter: |
19 | (1) A [food establishment] retail food facility managed |
20 | by an organization which is a tax-exempt organization under |
21 | section 501(c)(3) of the Internal Revenue Code of 1986 |
22 | (Public Law 99-514, 26 U.S.C. § 501(c)(3)). |
23 | (2) A [food establishment] retail food facility managed |
24 | on a not-for-profit basis by an organization which is a |
25 | volunteer fire company or an ambulance, religious, |
26 | charitable, fraternal, veterans, civic, agricultural fair or |
27 | agricultural association or any separately chartered |
28 | auxiliary of any of the above associations. |
29 | (3) A [food establishment] retail food facility managed |
30 | by an organization which is established to promote and |
|
1 | encourage participation and support for extracurricular |
2 | recreational activities for youth of primary and secondary |
3 | public, private and parochial school systems on a not-for- |
4 | profit basis. This paragraph does not apply to organized |
5 | camps. |
6 | § 8101. [Farmers' market. |
7 | For the purpose of section 14(e) of the act of July 7, 1994 |
8 | (P.L.421, No.70), known as the Food Act, any building, structure |
9 | or place owned, leased or otherwise in possession of a person or |
10 | municipal corporation or public or private organization, used or |
11 | intended to be used by two or more farmers or an association of |
12 | farmers for the purpose of selling food directly to consumers |
13 | shall be deemed to be a single food establishment.] (Reserved). |
14 | Section 7. Except to the extent they are inconsistent with |
15 | any provision of this act, the rules, regulations and standards |
16 | adopted by the department prior to the effective date of this |
17 | act under authority of the statutes repealed in section 4 of |
18 | this act, shall continue in effect unless subsequently modified |
19 | or superseded by regulations promulgated by the Secretary of |
20 | Agriculture of the Commonwealth. |
21 | Section 8. Repeals are as follows: |
22 | (1) The General Assembly declares as follows: |
23 | (i) The repeal under paragraph (2)(i) is necessary |
24 | because the fees described in that provision are supplied |
25 | by 3 Pa.C.S. Ch. 57 Subch. A. |
26 | (ii) The repeal under paragraph (2)(ii) is necessary |
27 | because the material is supplied by 3 Pa.C.S. Ch. 57 |
28 | Subch. A. |
29 | (iii) The repeal under paragraph (2)(iii) is |
30 | necessary because the material is supplied by 3 Pa.C.S. |
|
1 | Ch. 57 Subch. B. |
2 | (2) Repeals are as follows: |
3 | (i) Section 602-A(16) of the act of April 9, 1929 |
4 | (P.L.177, No.175), known as The Administrative Code of |
5 | 1929, is repealed. |
6 | (ii) The act of May 23, 1945 (P.L.926, No.369), |
7 | referred to as the Public Eating and Drinking Place Law, |
8 | is repealed. |
9 | (iii) The act of July 7, 1994 (P.L.421, No.70), |
10 | known as the Food Act, is repealed. |
11 | Section 9. This act shall take effect as follows: |
12 | (1) The amendment of 3 Pa.C.S. § 6504(a) shall take |
13 | effect on the effective date of the regulations promulgated |
14 | under 3 Pa.C.S. § 6504(a.1), or two years from the effective |
15 | date of this section, whichever occurs first. |
16 | (2) The remainder of this act shall take effect in 60 |
17 | days. |
|