PRINTER'S NO. 787
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
735
Session of
2015
INTRODUCED BY VOGEL, WILEY, MENSCH, ALLOWAY, FOLMER, WHITE,
BROOKS AND STEFANO, APRIL 21, 2015
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 21, 2015
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, further providing for
definitions and for license required.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "licensor" in section 5702 of
Title 3 of the Pennsylvania Consolidated Statutes is amended and
the section is amended by adding definitions to read:
§ 5702. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Licensor." Any of the following:
(1) The county department of health or joint-county
department of health whenever a retail food facility is
located in a political subdivision under the jurisdiction of
a county department of health or joint-county department of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
health.
(2) The health authorities of cities, boroughs,
incorporated towns and first class townships whenever a
retail food facility 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.
(3) The health authorities of second class townships and
second class townships which have adopted a home rule charter
which elect to issue licenses under this subchapter whenever
a retail food facility is located in 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.
(4) The Department of Agriculture whenever a retail food
facility is located in any other area of this Commonwealth.
(5) Notwithstanding paragraphs (1), (2), (3) and (4),
where the retail food facility is a mobile retail food
facility that has a Pennsylvania operating base location,
that Pennsylvania operating base location shall be the
location of the mobile retail food facility for purposes of
licensure under paragraphs (1), (2), (3) and (4).
"Mobile retail food facility." A movable retail food
facility, such as a stand, vehicle, cart, basket, box or similar
structure, from which food is stored, prepared, processed,
distributed or sold and the facility:
(1) physically locates at one site or location for no
more than 14 consecutive days, in one calendar year,
regardless of whether or not the facility operates
continuously during that time period; and
20150SB0735PN0787 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) is not licensed as a temporary retail food facility
under section 5703(g)(2) (relating to license required).
* * *
"Pennsylvania operating base location ." A single location
within this Commonwealth where a mobile food facility or
transportation vehicle returns regularly for the purpose of
vehicle, trailer or equipment storage, discharging liquid or
solid wastes, refilling water tanks and ice bins and boarding
food.
* * *
Section 2. Section 5703(c) and (j) of Title 3 are amended
and the section is amended by adding a subsection to read:
§ 5703. License required.
* * *
(c) Issuance of license.--A retail food facility license
shall be issued by the licensor having jurisdiction. A license
shall specify the date of expiration, the period for which the
license is valid, the name of the licensee and the place
licensed. Licenses shall be conspicuously displayed at all times
in the place thereby licensed. If the license applies to a
mobile retail food facility that has a Pennsylvania operating
base location, the license shall be conspicuously displayed at
any location where the mobile retail food facility is in
operation. Licenses shall not be transferable.
* * *
(j) Fees.--[The] Except as provided for in subsection (j.1),
the fees that may be charged under this subchapter are as
established by the licensor, if the licensor is an entity other
than the department, and shall be paid into the city, borough,
incorporated town, township or county treasury. If the licensor
20150SB0735PN0787 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
is the department, the fees shall be paid to the State Treasury
through the department and are as follows:
(1) For licensure of a retail food facility that has not
been previously licensed and that is owner operated and that
has a seating capacity of less than 50: $103.
(2) For licensure of a retail food facility that has not
been previously licensed and that is not described in
paragraph (1): $241.
(3) For a renewal of a license or for issuing a license
to reflect a change of ownership: $82.
(4) For a duplicate license, for each retail food
facility location: $14.
(5) For a temporary license under subsection (g)(2):
$14.
(6) For conducting a follow-up inspection to review
whether changes have been made to correct violations which
resulted in noncompliant status determined by a prior
inspection:
(i) For the second follow-up inspection during the
licensure period: $150.
(ii) For a third or subsequent follow-up inspection
during the licensure period: $300.
(7) For conducting an inspection that is not otherwise
required by the department but that is conducted at the
behest of the proprietor of the retail food facility: $150.
(8) For any license described in paragraph (1), (2),
(3), (4) or (5) that is issued for a period of greater than
one year by regulation of the department in accordance with
subsection (g), the license fee otherwise prescribed under
those paragraphs shall be prorated for the license period.
20150SB0735PN0787 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(j.1) Fee exception. --An entity shall not charge a fee for
conducting an inspection of a mobile retail food facility that
has a Pennsylvania operating base location unless the inspecting
entity is also the licensor with respect to retail food
facilities at that Pennsylvania operating base location.
* * *
Section 3. This act shall take effect in 60 days.
20150SB0735PN0787 - 5 -
1
2
3
4
5
6
7