PRINTER'S NO. 263
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
290
Session of
2019
INTRODUCED BY SIMMONS, STURLA, DONATUCCI, HILL-EVANS, NEILSON,
SCHLOSSBERG, CONKLIN, ISAACSON, FREEMAN, CIRESI, CALTAGIRONE,
SCHWEYER, ULLMAN, JAMES, KORTZ AND RAVENSTAHL,
JANUARY 30, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JANUARY 30, 2019
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, further providing for retail
food facility and employee cleanliness.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5710 of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 5710. Retail food facility and employee cleanliness.
(a) Cleanliness.--The following shall apply:
(1) All retail food facilities, kitchens, dining rooms
and all places where foods are prepared, kept or stored shall
be kept in a clean and sanitary condition and be protected
from dust, dirt, insects and vermin in the manner prescribed
by the regulations of the department. The clothing and hands
of employees shall at all times be clean and sanitary. Except
when washing fruits and vegetables or when approved by the
department, food employees may not contact exposed, ready-to-
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eat food with their bare hands and shall use suitable
utensils such as deli tissue, spatulas, tongs, single-use
gloves or dispensing equipment. [No]
(2) Except as specified under subsection (b), no
domestic pets or other animals shall be permitted where food
or drink is prepared, handled or stored unless specifically
permitted or required under the Americans with Disabilities
Act of 1990 (Public Law 101-336, 104 Stat. 327) or other
Federal or State law. No person shall be permitted to use for
living or sleeping purposes any room or place in any retail
food facility which is regularly and customarily used for the
preparation, handling, storing or serving of food.
(b) Pet dogs.--Notwithstanding the provisions of section 6-
501.115 of the Food Code published by the United States Food and
Drug Administration, a pet dog under the control of the pet dog
owner may be permitted in an outdoor dining area if the
proprietor of the retail food establishment elects to allow pet
dogs in the retail food establishment's outdoor dining area and
the retail food establishment complies with all of the
following:
(1) A separate outdoor entrance shall be present at the
retail food establishment where a pet dog may enter without
going through the retail food establishment to reach the
outdoor dining area.
(2) The pet dog may not sit on a table, chair, bench,
seat or other furniture or fixtures located at the retail
food establishment.
(3) The outdoor dining area may not be used for food or
drink preparation or the storage of utensils. A food employee
may refill a beverage glass in the outdoor dining area from a
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pitcher or other container.
(4) Food and water provided to a pet dog shall only be
in single-use disposable containers.
(5) Food employees may not have direct contact with a
pet dog while on duty.
(6) The outdoor dining area shall be kept in a clean and
sanitary condition and be protected from dust, dirt, insects
and vermin in the manner prescribed by the regulations of the
department. Surfaces that have been contaminated by dog
excrement or other bodily fluids shall be cleaned and
sanitized.
(7) A pet dog shall be on a leash or confined in a pet
carrier and under the control of the pet dog owner.
(8) The proprietor of the retail food establishment
ensures compliance with local ordinances relating to
sidewalks, public nuisance and sanitation.
(9) Other control measures as specified by the licensor.
Section 2. This act shall take effect in 60 days.
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