PRINTER'S NO. 1435

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1339

Session of

2021

INTRODUCED BY SIMS, ROZZI, BURNS, KINSEY, SANCHEZ, MADDEN AND

CIRESI, MAY 5, 2021

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 57 of Title 3 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER C

Sec.

5741. Short title of subchapter.

5742. Definitions.

5743. Allergen awareness and training.

Allergen Awareness and Training in Restaurants Act.

§ 5742. 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:

"Approved training provider." A person that provides

training and assessment of allergen awareness that has been

approved by the department for certified food protection

managers.

"Certified food protection manager." An employee of a

restaurant who has:

(1) Milk, eggs, fish, crustaceans, tree nuts, wheat,

peanuts, soybeans and sesame.

(2) A food ingredient that contains protein derived from

a food under paragraph (1).

(3) The term does not include any ingredient that is

exempt under the petition or notification process specified

in the Federal Food Allergen Labeling and Consumer Protection

Act of 2004 (Public Law 108-282, 181 Stat. 891).

"Menu." A printed or pictorial display of food items and

their prices that are available for sale from a restaurant. The

published on a restaurant's publicly accessible Internet

website.

"Menu board." A list or pictorial display of food items and

their prices posted within or outside a restaurant.

"Restaurant." An establishment substantially engaged in the

business of preparing and serving food intended for immediate

consumption either on or off the premises. The term includes,

but is not limited to, a full service restaurant, fast food

restaurant, take-out-only restaurant, institutional cafeteria in

a nonfood service setting, food court, caf e, luncheonette,

grill, tearoom, sandwich shop, soda fountain, ice cream parlor,

(a) General rule.--A certified food protection manager shall

complete allergen awareness training and pass an assessment from

an approved training provider to obtain a certificate of

allergen awareness training within 60 days after the certified

food protection manager's hire date.

(b) Staff training.--A certified food protection manager

shall include allergen awareness in staff training and include

procedures for the handling of patrons with food allergies as

part of the restaurant's standard operating procedures.

(c) Notice on printed menus and menu boards.--A restaurant

food allergen. The following shall apply:

(1) The notice shall be included on printed menus and on

indoor and outdoor menu boards, including drive-through menu

boards, no later than 60 days after the effective date of

this section.

(2) Notices on menu boards shall be easily readable from

the point of service at which food is ordered. The font size

of the notice on a menu board shall be equal to or greater

than the font size of the smallest menu item listed on the

menu board.

(3) In lieu of placing the notice directly on the indoor

purchaser and shall not be obstructed from view.

(d) Procedure.--A restaurant shall have a procedure in place

for informing customers of the presence of major food allergens

in menu items, upon a customer's request.

§ 5744. Requirements for restaurants and certified food

(a) Restaurants.--A restaurant shall have on staff at least

one certified food protection manager who has been issued a

certificate of allergen awareness training by an approved

training provider under section 5743(a) (relating to allergen

(1) Post the individual's certificate of allergen

awareness training under section 5743(a).

(2) Ensure that designated employees are properly

trained in food allergy awareness as it relates to their

assigned duties by taking a training course from an approved

training provider at least every three years.

(3) Ensure that at least one manager with a certificate

of allergen awareness training is on site at the restaurant

during all hours of operation.

§ 5745. Certificate renewal.

A certificate of allergen awareness training shall be renewed

manager with the allergen awareness training.

(b) Local public health authorities.--Local public health

authorities shall maintain an online source of restaurant

inspection scores and note the possession of a valid certificate

of allergen awareness training by a restaurant's certified food

protection manager.

(c) Enforcement.--The department shall enforce the

provisions of this subchapter.