Regular Session 2017-2018 House Bill 2518 P.N. 3742

PRINTER'S NO. 3742

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2518

Session of

2018

INTRODUCED BY HEFFLEY, THOMAS, COX, DRISCOLL, MILLARD, PICKETT,

HILL-EVANS, GILLEN AND WARD, JUNE 19, 2018

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

JUNE 19, 2018

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, in food protection, further providing for

definitions, for license required and for powers of

department.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "licensor" and "potentially

hazardous food" in section 5702 of Title 3 of the Pennsylvania

Consolidated Statutes are 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." (1) Any of the following:

[(1)] (i) 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 health.

[(2)] (ii) 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)] (iii) 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)] (iv) The Department of Agriculture whenever a

retail food facility is located in any other area of this

Commonwealth.

(2) For purposes of this definition and for purposes of

determining the appropriate licensor, a mobile retail food

facility is located at its operating base location, and

multiple mobile retail food facilities may be licensed from a

single operating base location.

"Mobile retail food facility." A moveable retail food

facility, such as a stand, vehicle, cart, basket, box or similar

structure, from which food is stored, prepared, processed,

distributed or sold.

"Operating base location." A single location within this

20180HB2518PN3742 - 2 -

Commonwealth where a mobile retail food facility 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.

* * *

"Potentially hazardous food." The term shall [have the same

meaning as defined in the 2009] be synonymous with the term

"Time/temperature control for safety food" as defined in the

2017 edition of the Food Code published by the Department of

Health and Human Services, Food and Drug Administration, or any

successor document approved by regulation of the department.

* * *

Section 2. Section 5703(b), (c), (g) and (j) of Title 3 are

amended and the section is amended by adding a subsection to

read:

§ 5703. License required.

* * *

(b) Exempt retail food facilities.--

(1) A licensor may exempt the following retail food

facilities from the license requirements of this section:

(i) A food bank owned by a charitable nonprofit

entity and operated for charitable or religious purposes.

(ii) A soup kitchen owned by a charitable nonprofit

entity and operated for charitable or religious purposes.

(iii) A retail food facility that operates on no

more than three days each calendar year.

(iv) A school cafeteria.

(v) A retail food facility that is owned by a

charitable nonprofit entity and that is one or more of

the following:

20180HB2518PN3742 - 3 -

(A) Managed by an organization which is

established to promote and encourage participation or

support for extracurricular recreational activities

for youth of primary and secondary public, private

and parochial school systems on a not-for-profit

basis. This subparagraph does not apply to organized

camps.

(B) Offers only foods that are nonpotentially

hazardous foods or beverages.

(vi) A retail food facility in which food or

beverages are sold only through a vending machine.

(vii) A retail food facility which is owned by a

church, association of churches or other religious order,

body or institution which:

(A) Qualifies for exemption from taxation under

section 501(c)(3) or (d) of the Internal Revenue Code

of 1986 (Public Law 99-514, 26 U.S.C. § 501).

(B) Is not subject to unrelated business income

taxation under sections 511, 512 or 513 of the

Internal Revenue Code of 1986 for activities

undertaken under this chapter.

If the licensor is the department, the exemption shall be

accomplished by order of the secretary and published in the

Pennsylvania Bulletin. If the licensor is an entity other

than the department, the exemption shall be accomplished by

order of the local government unit or units having

jurisdiction over the licensor. A retail food facility that

is exempted from the license requirements under this section

shall remain subject to inspection and all other provisions

of this subchapter[.], including the criminal and civil

20180HB2518PN3742 - 4 -

penalties for violations of this act authorized in section

5714 (relating to penalties).

(2) A licensor shall exempt the following retail food

facilities from the license requirements of this section:

(i) A retail food facility in which only

prepackaged, nonpotentially hazardous food or beverages

are sold.

(ii) A retail food facility that sells only raw

agricultural commodities.

(iii) A retail food facility that is in compliance

with the act of July 20, 1974 (P.L.537, No.184), referred

to as the Honey Sale and Labeling Act, sells only

products regulated by that act and in which 100% of the

regulated products offered for human consumption are

produced or processed on the farm on which the retail

food facility is located.

A retail food facility that is exempted from the license

requirements under this section shall remain subject to

inspection and all other provisions of this subchapter[.],

including the criminal and civil penalties for violations of

this act authorized in section 5714.

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[.] or, with regard to a mobile

retail food facility, at any location where the mobile retail

food facility is in operation. Licenses shall not be

transferable.

20180HB2518PN3742 - 5 -

* * *

(g) Term of license.--

(1) Except as provided in paragraph (2), licenses shall

expire on the day after the original license anniversary date

at intervals of one year, or for any other license period

that is established by the department through regulation and

that uses risk-based factors identified in the current

edition of the Food Code, published by the United States

Department of Health and Human Services, Food and Drug

Administration, as a basis for determining the appropriate

license interval. An application for renewal shall be made

one month before the expiration of an existing license. A

license granted under the provisions of this subchapter shall

be renewed if the most recent inspection by the licensor was

conducted within the preceding license period and determined

that requirements specified in this chapter with respect to

the retail food facility were met.

* * *

(j) Fees.--[The] Except as provided under 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

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

20180HB2518PN3742 - 6 -

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.

(j.1) Fee exception.--An entity, except for a health

authority for a city of the first class, shall not charge a fee

for conducting an inspection of a mobile retail food facility

unless the inspecting entity is also the licensor with respect

to that mobile retail food facility.

* * *

Section 3. Section 5707(a) and (c) of Title 3 are amended to

20180HB2518PN3742 - 7 -

read:

§ 5707. Powers of department.

(a) Rules and regulations.--The department shall make such

reasonable rules and regulations as may be deemed necessary for

carrying out the provisions and intent of this subchapter. In

promulgating regulations, the department shall be guided by the

most current edition of the Food Code, published by the United

States Department of Health and Human Services, Food and Drug

Administration. The regulatory standards established by the

department under this section shall be the standards followed

and applied by any licensor with respect to retail food

facilities.

* * *

(1) If a licensor fails to inspect a retail food

facility as required under section 5703(e) (relating to

license required), the department shall have the authority to

license and inspect all retail food facilities under that

licensor's jurisdiction, and the licensor that failed to

comply with the inspection requirement shall not charge or

collect any fee for licensing subject retail food facilities.

If the department conducts an inspection, it shall, within 30

days, provide the licensor a copy of the inspection report.

(2) Subject to section 5703(j.1), a licensor or health

authority may enforce the provisions of this subchapter on

any mobile retail food facility that operates within its

jurisdiction.

* * *

Section 4. This act shall take effect in 60 days.

20180HB2518PN3742 - 8 -