HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VOGEL, WARD, BAKER, ERICKSON, ORIE, WASHINGTON, FOLMER, PICCOLA, ALLOWAY, BROWNE, VANCE, PILEGGI, RAFFERTY, SCARNATI, PIPPY, WONDERLING, BOSCOLA, DINNIMAN, WAUGH, EARLL, KASUNIC, D. WHITE, GREENLEAF AND YAW, MAY 1, 2009

AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 27, 2010   

AN ACT

Amending the act of May 23, 1945 (P.L.926, No.369), entitled, as

amended, "An act for the protection of the public health by

regulating the conduct and operation of public eating and

drinking places within this Commonwealth; requiring their

licensing; imposing certain duties on the Department of

Agriculture of this Commonwealth and on the local health

authorities; and providing penalties," further providing for

definitions; and providing for applicability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of May 23, 1945 (P.L.926,

No.369), referred to as the Public Eating and Drinking Place

Law, amended December 9, 2002 (P.L.1421, No.179), is amended to

read:

Section 1.  Definitions.--"Department" shall mean the

Department of Agriculture of the Commonwealth.

The words "public eating or drinking place" shall mean any

place within this Commonwealth where food or drink is served to

or provided for the public, with or without charge: Provided,

however, That nothing herein contained shall apply to dining

cars operated by a railroad company in interstate commerce or a

bed and breakfast homestead or inn.

The word "proprietor" shall mean any person, partnership,

association or corporation, conducting or operating within this

Commonwealth, a public eating or drinking place.

The word "employe" shall include any cook, waiter, kitchen

help, chambermaid, house servant or other employe of any kind in

a public eating or drinking place, who in any manner whatever,

handles or comes in contact with any food or drink served to or

provided for the public, and the proprietor or any member of the

proprietor's family who handles said food or drink.

"License" shall mean a grant to a licensee to conduct a

restaurant, as defined in this act.

"Licensor" shall mean the county department of health or

joint-county department of health, whenever such public eating

or drinking place is located in a political subdivision which is

under the jurisdiction of a county department of health or

joint-county department of health, or the health authorities of

cities, boroughs, incorporated towns and first-class townships,

whenever such public eating or drinking place is located in a

city, borough, incorporated town or first-class township not

under the jurisdiction of a county department of health or

joint-county department of health, or the health authorities of

second class townships and second class townships which have

adopted a home rule charter which elect to issue licenses under

the provisions of this act whenever such public eating and

drinking place is located in such a second class township or

second class township which has adopted a home rule charter not

under the jurisdiction of a county department of health or

joint-county department of health, or the Department of

Agriculture, whenever such public eating or drinking place is

located in any other area of the Commonwealth.

The words "bed and breakfast homestead or inn" shall mean a

private residence which contains ten or fewer bedrooms used for

providing overnight accommodations to the public and in which

breakfast is the only meal served and is included in the charge

for the room.

The words "potentially hazardous food" shall mean a food

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which consists in whole or in part of milk or milk products,

eggs, meat, poultry, fish, shellfish, edible crustacea or other

ingredients, including synthetic ingredients, and which is in a

form capable of supporting rapid and progressive growth of

infectious or toxicogenic microorganisms. The term does not

include a food that has a pH of food products in a hermetically

sealed container processed to maintain commercial sterility.

The words "potentially hazardous food" shall have the same

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meaning as that term is defined in the 2009 edition of the Food

Code published by the United States Department of Health, Food

and Drug Administration or any successor document approved by

regulation of the department.

Section 2.  The act is amended by adding a section to read:

Section 13.1.  This act shall not apply to food that meets

all of the following requirements:

(1)  The food is not potentially hazardous food.

(2)  The food is prepared in a private home.

(3)  The food is used or offered for human consumption by any

of the following organizations:

(i)  a tax-exempt organization under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3));

(ii)  a volunteer fire company or an ambulance, religious,

charitable, fraternal, veterans, civic, agricultural fair or

agricultural association or any separately chartered auxiliary

of any of these associations, on a not-for-profit basis; or

(iii)  an organization that is established to promote and

encourage participation and support for extracurricular

recreational activities for youth of primary and secondary

public, private and parochial school systems on a not-for-profit

basis.

(4)  The organization that uses or offers the food for human

consumption informs consumers That the organization uses or

offers food that has been prepared in private homes that are not

licensed or inspected by the department.

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(5)  The food is donated to an organization described under

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paragraph (3).

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