PRINTER'S NO. 2684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2299
Session of
2022
INTRODUCED BY CRUZ, KINSEY, MADDEN AND DELLOSO, JANUARY 27, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in trade and commerce, providing for
the offense of unlawful sale of certain foods, over-the-
counter drugs and cosmetics after expiration date; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7332. Unlawful sale of certain foods, over-the-counter drugs
and cosmetics after expiration date.
(a) Prohibited conduct.--No person, whether acting for
himself or for another, shall directly or indirectly sell or
offer for sale:
(1) An over-the-counter drug, infant formula, baby food
or other food subject to expiration dating requirements
issued by the United States Food and Drug Administration
after the expiration, "use by" or "best before" date on its
label or packaging has passed.
(2) A cosmetic or food, after the expiration, "use by"
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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
revocation of any license, including a business privilege
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license or sales license, held by a person who operates a
business in violation of this section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Baby food." Food manufactured, packaged and labeled
specifically for sale to a consumer for consumption by a child
under two years of age. The term includes infant formula.
"Department." The Department of Agriculture of the
Commonwealth.
"Infant formula." Food that purports to be or is represented
for special dietary use solely as a food by reason of the food's
simulation of human milk or suitability as a complete or partial
substitute for human milk and that is intended for consumption
by a child under two years of age.
"Over-the-counter drug." A nonprescription drug regulated by
the United States Food and Drug Administration that is required
to have an expiration date on its packaging pursuant to Federal
law and Federal regulations.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
Section 2. This act shall take effect in 60 days.
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