PRINTER'S NO. 625
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
552
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, KINSEY, V. BROWN, J. HARRIS,
BOBACK, READSHAW, McNEILL, MAHONEY, COHEN AND MURT,
FEBRUARY 23, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in trade and commerce, providing for
the sale of food, over-the-counter drugs and cosmetics after
expiration date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7332. Unlawful sale of certain foods, over-the-counter drugs
and cosmetics after expiration date.
(a) Provisions.--No person, whether acting for himself or
for another, shall directly or indirectly sell or offer for
sale:
(1) Any over-the-counter drug, infant formula or baby
food or any other food subject to expiration dating
requirements issued by the Federal Food and Drug
Administration, after the expiration, "use by" or "best
before" date on its label or packaging has passed.
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(2) Any cosmetic or food after the expiration, "use by"
or "best before" date on its label or packaging has passed,
unless such cosmetic or food is offered for sale with
information in clear and plain view of the consumer
indicating that the cosmetic or food has passed its
expiration, "use by" or "best before" date. Such information
must be visible on the packaging or label of the expired
cosmetic or food. Any business that sells or offers for sale
expired cosmetic or food pursuant to this subsection must
physically separate all expired cosmetics and food from all
unexpired cosmetics and food. The separated, expired products
must be offered for sale in close proximity to a clearly
visible sign indicating that the cosmetics or food being
offered for sale in that location of the business has passed
the expiration, "use by or "best before" date.
(b) Penalty.--Any person who violates this section is guilty
of a summary offense, punishable by a fine of not more than $300
for each item sold or offered for sale after the expiration,
"use by" or "best before" date. The fine shall be calculated
based upon the number of days past the expiration, "use by" or
"best before" date that the product is either found being
offered for sale, or if the product in sold, the date of sale as
established by evidence of proof of purchase, including, but not
limited to, a sales receipt.
(c) Enforcement.--The department shall enforce and
administer the provisions of this section.
(d) Administration.--The department shall promulgate rules
and regulations to administer this section and may assess
administrative penalties on a person who violates this section
and when deemed necessary by the secretary, penalties may
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include the revocation of any license, including a business
privilege license or sales license held by a person who operates
a business in violation of this section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Baby food." The processing of canned fresh fruits and
vegetables, meats, eggs, fruit juices, cereal, formulated
entrees, desserts and snacks using fresh, preprocessed or any
combination of these and other food ingredients necessary for
the production of foods for consumption by a child under two
years of age.
"Department." The Department of Agriculture of the
Commonwealth.
"Infant formula." A food which purports to be or is
represented for special dietary use solely as a food for infants
by reason of its simulation of human milk or its suitability as
a complete or partial substitute for human milk.
"Over-the-counter drug." A nonprescription drug regulated by
the Federal Food and Drug Administration that is required to
have an expiration date on its packaging pursuant to the Federal
law and Federal regulations adopted pursuant to the Federal act,
including, but not limited to, Federal regulations.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
Section 2. This act shall take effect in 60 days.
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