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A03432
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1869
Session of
2023
INTRODUCED BY VENKAT, HOHENSTEIN, MIHALEK, HANBIDGE, MADDEN,
KHAN, ADAMS, SANCHEZ, NEILSON, DALEY, PISCIOTTANO,
SHUSTERMAN, HOWARD, HADDOCK AND KAZEEM, NOVEMBER 30, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 30, 2023
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, providing for food allergy
awareness program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5705 of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5705. [(Reserved).] Food allergy awareness program.
(a) Establishment.--The Department of Health shall establish
a food allergy awareness program. The food allergy awareness
program shall requ ire a p ublic eating or drinking place to
comply with all of the following:
(1) Prominently display a poster developed by the
Department of Health under subsection (b) in the staff area
that provides information on food allergy awareness.
(2) Include on a food menu a notice to a customer of the
customer's obligation to inform a server about the customer's
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food allergy.
(b) Language.--The Department of Health, in consultation with
the Food Allergy and Anaphylaxis Network, shall
develop the poster required under subsection (a)(1)
and approve the information on the poster.
§ 5705. [(Reserved).] Food allergy awareness.
(a) Requirements.--Each proprietor of a retail food facility
shall comply with all of the following:
(1) Prominently display a poster acceptable to the
department and in accordance with subsection (b) in the
employee area that provides information for employees on food
allergy awareness.
(2) Include on a food menu or through other written
information a notice to a customer of food allergens used in
the retail food facility and a request for the customer to
inform the employee serving the customer about the customer's
food allergy.
(b) Posters.--The department shall require posters under
this section to contain, at a minimum, a description of the
major food allergens and symptoms of an allergic reaction and
any other requirements that are specified in the Food Code,
published by the United States Food and Drug Administration. The
following apply:
(1) The secretary shall transmit notice of the other
requirements that are specified in the version of the Food
Code that is in effect on the effective date of this
paragraph to the Legislative Reference B ureau for publication
in the next available issue of the Pennsylvania Bulletin.
(2) The secretary shall review any subsequent changes to
the other requirements that are specified under the Food Code
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and shall t ransmit notice of the changes to the Legislative
Reference Bureau for publication in the next available issue
of the Pennsylvania Bulletin.
Section 2. This act shall take effect in 60 days.
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