(2) A cosmetic or food, after the expiration, "use by"
or "best before" date on its label or packaging has passed,
unless the 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. The information
must be visible on the packaging or label of the expired
cosmetic or food. A business that sells or offers for sale
expired cosmetics or food under 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.--A person who violates this section commits a
summary offense and shall, upon conviction, be sentenced to pay
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 is 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.
If deemed necessary by the secretary, penalties may include the
20190HB0453PN0438 - 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