| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 174, 901, 2067, 4266, 4327 | PRINTER'S NO. 4473 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CARROLL, HANNA, BEYER, BRENNAN, CALTAGIRONE, DALEY, DeLUCA, FABRIZIO, FREEMAN, GEIST, GEORGE, GRUCELA, HENNESSEY, JOSEPHS, KULA, M. O'BRIEN, PASHINSKI, READSHAW, SIPTROTH, K. SMITH, YUDICHAK, GOODMAN AND W. KELLER, FEBRUARY 2, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 13, 2010 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, codifying the Public Eating and Drinking Place Law |
3 | and the Food Act; providing for the protection of public |
4 | health and for regulations; requiring licensing; further |
5 | providing for organic foods, for maple products, for food | <-- |
6 | employee certification and for farmers' market; providing for |
7 | penalties; and making related repeals. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Chapter 57 of Title 3 of the Pennsylvania |
11 | Consolidated Statutes is amended by adding subchapters to read: |
12 | CHAPTER 57 |
13 | FOOD PROTECTION |
14 | [(Reserved)] |
15 | Subchapter |
16 | A. Retail Food Facility Safety |
17 | B. Food Safety |
18 | SUBCHAPTER A |
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1 | RETAIL FOOD FACILITY SAFETY |
2 | Sec. |
3 | 5701. Short title of chapter. |
4 | 5702. Definitions. |
5 | 5703. License required. |
6 | 5704. Inspection, sampling and analysis. |
7 | 5705. (Reserved). |
8 | 5706. (Reserved). |
9 | 5707. Powers of department. |
10 | 5708. Infectious persons. |
11 | 5709. Linens, equipment and utensils. |
12 | 5710. Retail food facility and employee cleanliness. |
13 | 5711. Toilets, sinks and drains. |
14 | 5712. (Reserved) Applicability. | <-- |
15 | 5713. School cafeterias and organized camps. |
16 | 5714. Penalties. |
17 | 5715. (Reserved). | <-- |
18 | 5716. Acts not affected. |
19 | § 5701. Short title of chapter. |
20 | This chapter shall be known and may be cited as the Retail |
21 | Food Facility Safety Act. |
22 | § 5702. Definitions. |
23 | The following words and phrases when used in this subchapter |
24 | shall have the meanings given to them in this section unless the |
25 | context clearly indicates otherwise: |
26 | "Bed and breakfast homestead or inn." A private residence |
27 | which contains ten or fewer bedrooms used for providing |
28 | overnight accommodations to the public and in which breakfast is |
29 | the only meal served and is included in the charge for the room. |
30 | "Employee." The license holder, person in charge, person |
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1 | having supervisory or management duties, person on the payroll, |
2 | family member, volunteer, person performing work under |
3 | contractual agreement or other person working in a retail food |
4 | facility. |
5 | "Food employee." An individual working with unpackaged food, |
6 | food equipment or utensils or food contact surfaces. |
7 | "License." A grant to a proprietor to operate a retail food |
8 | facility. |
9 | "Licensor." Any of the following: |
10 | (1) The county department of health or joint-county |
11 | department of health whenever a retail food facility is |
12 | located in a political subdivision under the jurisdiction of |
13 | a county department of health or joint-county department of |
14 | health. |
15 | (2) The health authorities of cities, boroughs, |
16 | incorporated towns and first class townships whenever a |
17 | retail food facility is located in a city, borough, |
18 | incorporated town or first class township not under the |
19 | jurisdiction of a county department of health or joint-county |
20 | department of health. |
21 | (3) The health authorities of second class townships and |
22 | second class townships which have adopted a home rule charter |
23 | which elect to issue licenses under this subchapter whenever |
24 | a retail food facility is located in a second class township |
25 | or second class township which has adopted a home rule |
26 | charter not under the jurisdiction of a county department of |
27 | health or joint-county department of health. |
28 | (4) The Department of Agriculture whenever a retail food |
29 | facility is located in any other area of this Commonwealth. |
30 | "Organized camp." A combination of programs and facilities |
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1 | established for the primary purpose of providing an outdoor |
2 | group living experience for children, youth and adults, with |
3 | social, recreational and educational objectives, and operated |
4 | and used for five or more consecutive days during one or more |
5 | seasons of the year. |
6 | "Person in charge." A person designated by a retail food |
7 | facility operator to be present at a retail food facility and |
8 | responsible for the operation of the retail food facility at the |
9 | time of inspection. |
10 | "Potentially hazardous food." The term shall have the same | <-- |
11 | meaning as defined in the 2009 edition of the Food Code |
12 | published by the Department of Health and Human Services, Food |
13 | and Drug Administration or any successor document approved by |
14 | regulation of the department. |
15 | "Proprietor." A person, partnership, association or |
16 | corporation conducting or operating a retail food facility |
17 | within this Commonwealth. |
18 | "Public eating or drinking place." A place within this |
19 | Commonwealth where food or drink is served to or provided for |
20 | the public, with or without charge. The term does not include |
21 | dining cars operated by a railroad company in interstate |
22 | commerce or a bed and breakfast homestead or inn. |
23 | "Raw agricultural commodity." As defined under section 5722 |
24 | (relating to definitions). |
25 | "Retail food establishment." An establishment which stores, |
26 | prepares, packages, vends, offers for sale or otherwise provides |
27 | food for human consumption and which relinquishes possession of |
28 | food to a consumer directly, or indirectly, through a delivery |
29 | service such as home delivery of grocery orders or delivery |
30 | service provided by common carriers. The term does not include |
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1 | dining cars operated by a railroad company in interstate |
2 | commerce or a bed and breakfast homestead or inn. |
3 | "Retail food facility." A public eating or drinking place or |
4 | a retail food establishment. |
5 | § 5703. License required. |
6 | (a) Unlawful conduct.-- Except as provided in subsection |
7 | (b), it shall be unlawful for any proprietor to conduct or |
8 | operate a retail food facility without first obtaining a license |
9 | for each retail food facility as provided in this subchapter. |
10 | (b) Exempt retail food facilities.-- |
11 | (1) A licensor may exempt the following retail food |
12 | facilities from the license requirements of this section: |
13 | (i) A food bank owned by a charitable nonprofit |
14 | entity and operated for charitable or religious purposes. |
15 | (ii) A soup kitchen owned by a charitable nonprofit |
16 | entity and operated for charitable or religious purposes. |
17 | (iii) A retail food facility that operates on no |
18 | more than three days each calendar year. |
19 | (iv) A school cafeteria. |
20 | (v) A retail food facility that is owned by a |
21 | charitable nonprofit entity and that is one or more of |
22 | the following: |
23 | (A) Managed by an organization which is |
24 | established to promote and encourage participation or |
25 | support for extracurricular recreational activities |
26 | for youth of primary and secondary public, private |
27 | and parochial school systems on a not-for-profit |
28 | basis. This subparagraph does not apply to organized |
29 | camps. |
30 | (B) Offers only foods that are nonpotentially |
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1 | hazardous foods or beverages. |
2 | (vi) A retail food facility in which food or |
3 | beverages are sold only through a vending machine. |
4 | (vii) A retail food facility which is owned by a | <-- |
5 | church, association of churches or other religious order, |
6 | body or institution which: |
7 | (A) Qualifies for exemption from taxation under |
8 | section 501(c)(3) or (d) of the Internal Revenue Code |
9 | of 1986 (Public Law 99-514, 26 U.S.C. § 501). |
10 | (B) Which is Is not subject to unrelated | <-- |
11 | business income taxation under sections 511, 512 or |
12 | 513 of the Internal Revenue Code of 1986 for | <-- |
13 | activities undertaken under this chapter. |
14 | If the licensor is the department, the exemption shall be |
15 | accomplished by order of the secretary and published in the |
16 | Pennsylvania Bulletin. If the licensor is an entity other |
17 | than the department, the exemption shall be accomplished by |
18 | order of the local government unit or units having |
19 | jurisdiction over the licensor. A retail food facility that |
20 | is exempted from the license requirements under this section |
21 | shall remain subject to inspection and all other provisions |
22 | of this subchapter. |
23 | (2) A licensor shall exempt the following retail food |
24 | facilities from the license requirements of this section: |
25 | (i) A retail food facility in which only |
26 | prepackaged, nonpotentially hazardous food or beverages |
27 | are sold. |
28 | (ii) A retail food facility that sells only raw |
29 | agricultural commodities. |
30 | A retail food facility that is exempted from the license |
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1 | requirements under this section shall remain subject to |
2 | inspection and all other provisions of this subchapter. |
3 | (c) Issuance of license.--A retail food facility license |
4 | shall be issued by the licensor having jurisdiction. A license |
5 | shall specify the date of expiration, the period for which the |
6 | license is valid, the name of the licensee and the place |
7 | licensed. Licenses shall be conspicuously displayed at all times |
8 | in the place thereby licensed. Licenses shall not be |
9 | transferable. |
10 | (d) Application requirement.--Any person owning or operating |
11 | or desiring to operate a retail food facility within this |
12 | Commonwealth shall make application for a license to the |
13 | licensor on forms furnished by the licensor. The forms shall, at |
14 | a minimum, set forth such information as the department may |
15 | require and any additional information a licensor that is not |
16 | the department may require under the authority of the act of | <-- |
17 | April 21, 1949 (P.L.665, No.155), known as the First Class City |
18 | Home Rule Act, or the act of August 24, 1951 (P.L.1304, No.315), |
19 | known as the Local Health Administration Law. Application forms |
20 | shall include the name and address of the applicant, together |
21 | with all the other information deemed necessary to identify the |
22 | applicant, provide contact information for the applicant, |
23 | identify the location of the retail food facility that is the |
24 | subject to the application and facilitate the licensor's |
25 | processing of the application. |
26 | (e) Inspection.-- |
27 | (1) No license shall be issued until inspection of the |
28 | retail food facility has been made by the licensor and the |
29 | retail food facility meets the requirements of both this |
30 | subchapter and one of the following: |
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1 | (i) The rules and regulations of the department. |
2 | (ii) The rules and regulations adopted under the |
3 | authority of the First Class City Home Rule Act or the | <-- |
4 | Local Health Administration Law. |
5 | (2) Rules and regulations adopted by a licensor who is |
6 | not the department shall, at the minimum, meet and shall not | <-- |
7 | exceed the requirements of this subchapter and the rules and |
8 | regulations of the department. |
9 | (f) Reports.--If the licensor is an entity other than the |
10 | department, the licensor shall provide the department a copy of |
11 | any inspection report resulting from any inspection conducted |
12 | under authority of this subchapter within 30 days of the |
13 | inspection date. This copy may be sent by electronic methods, as |
14 | approved by the department. The department may, by regulation, |
15 | require that inspection reports be submitted in a specific |
16 | electronic format. |
17 | (g) Term of license.-- |
18 | (1) Except as provided in paragraph (2), licenses shall |
19 | expire on the day after the original license anniversary date |
20 | at intervals of one year, or for any other license period |
21 | that is established by the department through regulation and |
22 | that uses risk-based factors identified in the current |
23 | edition of the Food Code, published by the United States |
24 | Department of Health, Food and Drug Administration, as a |
25 | basis for determining the appropriate license interval. An |
26 | application for renewal shall be made one month before the |
27 | expiration of an existing license. A license granted under |
28 | the provisions of this subchapter shall be renewed if the |
29 | most recent inspection by the licensor was conducted within |
30 | the preceding license period and determined that requirements |
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1 | specified in this chapter with respect to the retail food |
2 | facility were met. |
3 | (2) A temporary license for a retail food facility that |
4 | operates on no more than 14 days in one calendar year or for |
5 | a retail food facility operating at a fair, festival or |
6 | similar temporary event shall be granted with respect to the |
7 | calendar year in which it is issued if the retail food |
8 | facility meets the requirements of this subchapter. |
9 | (h) Sales and use tax license.--No license shall be issued |
10 | until the proprietor exhibits proof that the proprietor has |
11 | applied for or received a sales and use tax license or exemption |
12 | certificate from the Department of Revenue. |
13 | (i) Denial or revocation of license.-- |
14 | (1) A licensor shall state in writing to the proprietor |
15 | the reason for the refusal to issue a license. |
16 | (2) (i) If a retail food facility licensed by the |
17 | department is in violation of a provision of this |
18 | subchapter, or of a regulation promulgated under |
19 | authority of this subchapter, or of any other act related |
20 | to public health and being applicable to retail food |
21 | facilities, the department may suspend or revoke the |
22 | license. If a retail food facility licensed by an entity |
23 | other than the department is in violation of a provision |
24 | of this subchapter, or of a regulation promulgated under |
25 | authority of this subchapter, or of any other act related |
26 | to public health and being applicable to retail food |
27 | facilities, or of the regulations of the licensor |
28 | pertaining to retail food facilities, the licensor may |
29 | suspend or revoke the license. The suspension of a |
30 | license shall be terminated when the violation for which |
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1 | it was imposed has been found, upon inspection by the |
2 | licensor, to have been corrected. Whenever a license is |
3 | suspended or revoked, no part of the fee paid therefore |
4 | shall be returned to the proprietor. |
5 | (ii) A licensor may, as an alternative to suspending |
6 | or revoking a license, provide a licensee a reasonable |
7 | interval within which to correct conditions that |
8 | constitute a violation that would result in the |
9 | suspension or revocation of the license, provided that |
10 | the health and safety of the employees, occupants and |
11 | patrons of the retail food facility can be reasonably |
12 | assured during that interval. |
13 | (j) Fees.--The fees that may be charged under this |
14 | subchapter are as established by the licensor, if the licensor |
15 | is an entity other than the department, and shall be paid into |
16 | the city, borough, incorporated town, township or county |
17 | treasury. If the licensor is the department, the fees shall be |
18 | paid to the State Treasury through the department and are as |
19 | follows: |
20 | (1) For licensure of a retail food facility that has not |
21 | been previously licensed, and that is owner-operated and that |
22 | has a seating capacity of less than 50: $103. |
23 | (2) For licensure of a retail food facility that has not |
24 | been previously licensed and that is not described in |
25 | paragraph (1): $241. |
26 | (3) For a renewal of a license or for issuing a license |
27 | to reflect a change of ownership: $82. |
28 | (4) For a duplicate license, for each retail food |
29 | facility location: $14. |
30 | (5) For a temporary license under subsection (g)(2): |
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1 | $14. |
2 | (6) For conducting a follow-up inspection to review |
3 | whether changes have been made to correct violations which |
4 | resulted in noncompliant status determined by a prior |
5 | inspection: |
6 | (i) For the second follow-up inspection during the |
7 | licensure period: $150. |
8 | (ii) For a third or subsequent follow-up inspection |
9 | during the licensure period: $300. |
10 | (7) For conducting an inspection that is not otherwise |
11 | required by the department, but that is conducted at the |
12 | behest of the proprietor of the retail food facility: $150. |
13 | (8) For any license described in paragraph (1), (2), |
14 | (3), (4) or (5) that is issued for a period of greater than |
15 | one year by regulation of the department in accordance with |
16 | subsection (g), the license fee otherwise prescribed under |
17 | those paragraphs shall be prorated for the license period. |
18 | (k) Multiple retail food facilities.--Whenever any |
19 | proprietor maintains more than one retail food facility within |
20 | this Commonwealth, the proprietor shall be required to apply for |
21 | and procure a license for each retail food facility. |
22 | § 5704. Inspection, sampling and analysis. |
23 | (a) Inspection.--For purposes of enforcement of this |
24 | subchapter, a licensor is authorized, upon presenting |
25 | appropriate credentials to the person in charge: |
26 | (1) To enter at reasonable times any retail food |
27 | facility. |
28 | (2) To inspect at reasonable times, within reasonable |
29 | limits and in a reasonable manner, the retail food facility. |
30 | (3) To obtain a sample of any food at a retail food |
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1 | facility for analysis as may be necessary to determine |
2 | compliance with this subchapter if the licensor, upon |
3 | completion of the inspection and prior to leaving the |
4 | facility, provides the person in charge a receipt describing |
5 | the sample obtained. |
6 | (b) Billing.--A retail food facility from which a sample was |
7 | collected may bill the licensor for the fair market value of the |
8 | sample. |
9 | (c) Report.--Upon completion of an inspection of a retail |
10 | food facility and prior to leaving the premises, a licensor |
11 | shall give to the person in charge a written report of the |
12 | findings of the inspection. Results from the analysis of any |
13 | samples taken shall be provided to the person in charge within |
14 | 30 days of receipt. |
15 | § 5705. (Reserved). |
16 | § 5706. (Reserved). |
17 | § 5707. Powers of department. |
18 | (a) Rules and regulations.--The department shall make such |
19 | reasonable rules and regulations as may be deemed necessary for |
20 | carrying out the provisions and intent of this subchapter. In |
21 | promulgating regulations, the department shall be guided by the |
22 | most current edition of the Food Code, published by the United |
23 | States Department of Health, Food and Drug Administration. The |
24 | regulatory standards established by the department under this |
25 | section shall be the minimum standards followed and applied by | <-- |
26 | any licensor with respect to retail food facilities. |
27 | (b) Food service at schools and organized camps.-- |
28 | (1) The department shall provide for the inspection of a |
29 | food service at a school and for the training of school food |
30 | service personnel in accordance with the standards applied to |
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1 | retail food facilities for schools located in areas in which |
2 | the department is the licensor. Upon request, the department |
3 | shall provide training to school food service personnel or |
4 | inspections of a food service at a school located in areas in |
5 | which the department is not the licensor. |
6 | (2) The department shall provide for the inspection of a |
7 | food service at organized camps and for the training of food |
8 | service personnel at organized camps in accordance with the |
9 | standards applied to retail food facilities for organized |
10 | camps located in areas in which the department is the |
11 | licensor. Upon request, the department shall provide training |
12 | to organized camp food service personnel or inspections of a |
13 | food service at organized camps located in areas in which the |
14 | department is not the licensor. |
15 | (c) Inspection.--If a licensor is required to provide the | <-- |
16 | department a copy of an inspection report pursuant to section |
17 | 5703(f) (relating to license required) and fails to comply with |
18 | that requirement, the department may inspect and license the |
19 | subject retail food facility, and the licensor that failed to |
20 | (c) Inspection.--If a licensor fails to inspect a retail | <-- |
21 | food facility as required under section 5703(e) (relating to |
22 | license required), the department shall have the authority to |
23 | license and inspect all retail food facilities under that |
24 | licensor's jurisdiction, and the licensor that failed to comply |
25 | with the inspection requirement shall not charge or collect any |
26 | fee for licensing the subject retail food facility facilities. | <-- |
27 | If the department conducts an inspection, it shall, within 30 |
28 | days, provide the licensor a copy of the inspection report. |
29 | (d) Interagency coordination.--The department shall provide |
30 | inspection reports or test results that indicate human illness |
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1 | related to food consumption or food handling practices, or to |
2 | other threats to the safety of the food supply, to the |
3 | Department of Health, the Department of Environmental Protection |
4 | or any other Commonwealth agency as necessary to develop a |
5 | comprehensive, coordinated interagency approach to protecting |
6 | public health and safeguarding the food supply. |
7 | § 5708. Infectious persons. |
8 | No proprietor shall allow any food employee to be in a retail |
9 | food facility if that person has an infectious or communicable |
10 | disease, as prohibited under the act of April 23, 1956 (1955 |
11 | P.L.1510, No.500), known as the Disease Prevention and Control |
12 | Law of 1955, and its attendant regulations related to |
13 | restrictions on food handlers. In consultation with the |
14 | Department of Health, the department may promulgate regulations |
15 | with respect to specific illnesses as related to operations in a |
16 | retail food facility as it deems necessary for the protection of |
17 | public health. |
18 | § 5709. Linens, equipment and utensils. |
19 | No proprietor shall utilize any linens, equipment or utensils |
20 | unless the linens, equipment or utensils have been thoroughly |
21 | cleansed and sanitized in the manner prescribed by regulation of |
22 | the department. |
23 | § 5710. Retail food facility and employee cleanliness. |
24 | All retail food facilities, kitchens, dining rooms and all |
25 | places where foods are prepared, kept or stored shall be kept in |
26 | a clean and sanitary condition and be protected from dust, dirt, |
27 | insects and vermin in the manner prescribed by the regulations |
28 | of the department. The clothing and hands of employees shall at |
29 | all times be clean and sanitary. Except when washing fruits and |
30 | vegetables or when approved by the department, food employees |
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1 | may not contact exposed, ready-to-eat food with their bare |
2 | hands, and shall use suitable utensils such as deli tissue, |
3 | spatulas, tongs, single-use gloves or dispensing equipment. No |
4 | domestic pets or other animals shall be permitted where food or |
5 | drink is prepared, handled or stored unless specifically |
6 | permitted or required under the Americans with Disabilities Act |
7 | of 1990 (Public Law 101-336, 104 Stat. 327) or other Federal or |
8 | State law. No person shall be permitted to use for living or |
9 | sleeping purposes any room or place in any retail food facility |
10 | which is regularly and customarily used for the preparation, |
11 | handling, storing or serving of food. |
12 | § 5711. Toilets, sinks and drains. |
13 | All toilets, hand-wash sinks, tubs, sinks and drains used in |
14 | or in connection with any retail food facility shall at all |
15 | times be kept in a clean and sanitary condition. |
16 | § 5712. (Reserved). | <-- |
17 | § 5712. Applicability. | <-- |
18 | This subchapter shall not apply to food that meets all of the |
19 | following requirements: |
20 | (1) The food is not potentially hazardous food. |
21 | (2) The food is prepared in a private home. |
22 | (3) The food is used or offered for human consumption by |
23 | any of the following organizations: |
24 | (i) A tax-exempt organization under section |
25 | 501(c)(3) of the Internal Revenue Code of 1986 (Public |
26 | Law 99-514, 26 U.S.C. § 501(c)(3)). |
27 | (ii) A volunteer fire company or ambulance, |
28 | religious, charitable, fraternal, veterans, civic, |
29 | sportsmen, agricultural fair or agricultural association |
30 | or any separately chartered auxiliary of any of these |
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1 | associations, on a not-for-profit basis. |
2 | (iii) An organization that is established to promote |
3 | and encourage participation and support for |
4 | extracurricular recreational activities for youth of |
5 | primary and secondary public, private and parochial |
6 | school systems on a not-for-profit basis. |
7 | (4) The organization that uses or offers the food for |
8 | human consumption informs consumers that the organization |
9 | uses or offers food that has been prepared in private homes |
10 | that are not licensed or inspected. |
11 | (5) The food is donated to an organization described |
12 | under paragraph (3). |
13 | § 5713. School cafeterias and organized camps. |
14 | Officials of schools and organized camps shall cooperate with |
15 | the department in the conduct of cafeteria health and safety |
16 | inspections and shall participate in inspection services and |
17 | training programs made available by the department in areas |
18 | where the department is the licensor. Upon request, the |
19 | department shall provide training to school or organized camp |
20 | food service personnel or inspections of a food service at a |
21 | school or organized camp located in areas in which the |
22 | department is not the licensor. |
23 | § 5714. Penalties. |
24 | (a) Retail food facilities under jurisdiction of |
25 | department.--For retail food facilities under the jurisdiction |
26 | of the department, penalties are as follows: |
27 | (1) A person who violates any provision of this |
28 | subchapter or any rule, regulation, standard or order made |
29 | under this subchapter commits a summary offense for the first |
30 | or second offense and shall be subject to a fine not less |
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1 | than $100 but not more than $300. A person who violates any |
2 | provision of this subchapter or any rule, regulation, |
3 | standard or order made under this subchapter commits a |
4 | misdemeanor of the third degree if the violation is a third |
5 | or subsequent offense and if the violation occurs within two |
6 | years of the date of the last previous offense. |
7 | (2) In addition to proceeding under any other remedy |
8 | available at law or in equity for a violation of this |
9 | subchapter or a rule or regulation adopted or any order |
10 | issued under this subchapter, the secretary may assess a |
11 | civil penalty not to exceed $10,000 upon an individual or |
12 | business for each offense. No civil penalty shall be assessed |
13 | unless the person charged has been given notice and |
14 | opportunity for a hearing in accordance with law. In |
15 | determining the amount of the penalty, the secretary shall |
16 | consider the gravity of the violation. Whenever the secretary |
17 | finds a violation which did not cause harm to human health, |
18 | the secretary may issue a warning in lieu of assessing a |
19 | penalty. In case of inability to collect the civil penalty or |
20 | failure of any person to pay all or any portion of the |
21 | penalty as the secretary may determine, the secretary may |
22 | refer the matter to the Attorney General, who shall recover |
23 | the amount by action in the appropriate court. |
24 | (b) Retail food facilities under other jurisdiction.-- |
25 | Penalties shall be established by the licensor for retail food |
26 | facilities under the jurisdiction of a licensor that is not the |
27 | department. |
28 | § 5715. (Reserved). | <-- |
29 | § 5716. Acts not affected. |
30 | Nothing in this subchapter shall be construed to abrogate or |
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1 | supersede any provision or regulation adopted under the act of |
2 | August 24, 1951 (P.L.1304, No.315), known as the Local Health |
3 | Administration Law, with regard to licensure, regulation and |
4 | inspection of a retail food facility, as defined in section 5702 |
5 | (relating to definitions). |
6 | SUBCHAPTER B |
7 | FOOD SAFETY |
8 | Sec. |
9 | 5721. Short title of subchapter. |
10 | 5722. Definitions. |
11 | 5723. Prohibited acts. |
12 | 5724. Temporary or permanent injunctions. |
13 | 5725. Penalties. |
14 | 5726. Detention and condemnation. |
15 | 5727. Temporary permits. |
16 | 5728. Adulteration of food. |
17 | 5729. Misbranding of food. |
18 | 5730. Regulations to exempt certain labeling requirements. |
19 | 5731. Poisonous or deleterious substances and tolerances. |
20 | 5732. Inspection, sampling and analysis. |
21 | 5733. Rules and regulations. |
22 | 5734. Registration of food establishments. |
23 | 5735. Product registration. |
24 | 5736. Construction of subchapter. |
25 | 5737. Acts not affected. |
26 | § 5721. Short title of subchapter. |
27 | This subchapter shall be known and may be cited as the Food |
28 | Safety Act. |
29 | § 5722. Definitions. |
30 | The following words and phrases when used in this subchapter |
|
1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Color additive." A material which is a dye, pigment or |
4 | other substance made by a process of synthesis or similar |
5 | artifice or extracted, isolated or otherwise derived, with or |
6 | without intermediate or final change of identity, from a |
7 | vegetable, animal, mineral or other source and when added or |
8 | applied to a food is capable, alone or through reaction with |
9 | other substances, of imparting color thereto. The term includes |
10 | black, white and intermediate grays. The term does not include: |
11 | (1) Any material which the Secretary of Agriculture, by |
12 | regulation, determines is used or intended to be used solely |
13 | for a purpose or purposes other than coloring. |
14 | (2) Any pesticide chemical, soil or plant nutrient or |
15 | other agricultural chemical solely because of its effect in |
16 | aiding, retarding or otherwise affecting, directly or |
17 | indirectly, the growth or other natural physiological process |
18 | of produce of the soil and thereby affecting its color, |
19 | whether before or after harvest. |
20 | "Federal acts." The Wholesome Meat Act (Public Law 90-201, |
21 | 21 U.S.C. § 601 et seq.), the Federal Food, Drug, and Cosmetic |
22 | Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), the Poultry |
23 | Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et |
24 | seq.), the Fair Packaging and Labeling Act (Public Law 89-755, |
25 | 15 U.S.C. § 1451 et seq.), the Federal Insecticide, Fungicide, |
26 | and Rodenticide Act (61 Stat. 163, 7 U.S.C. § 136 et seq.) and |
27 | the Nutrition Labeling and Education Act of 1990 (Public Law |
28 | 101-535, 104 Stat. 2353). |
29 | "Food." An article used for food or drink by humans, |
30 | including chewing gum and articles used for components of any |
|
1 | article. The term does not include medicines and drugs. |
2 | "Food additive." A substance, the intended use of which |
3 | results or may reasonably be expected to result, directly or |
4 | indirectly, in its becoming a component or otherwise affecting |
5 | the characteristics of any food if the substance is not |
6 | generally recognized among experts qualified by scientific |
7 | training and expertise to evaluate its safety, as having been |
8 | adequately shown through scientific procedures or, in the case |
9 | of a substance used in food prior to January 1, 1958, through |
10 | either scientific procedures or experience based on common use |
11 | in food to be safe under the conditions of its intended use. The |
12 | term does not include the following: |
13 | (1) A pesticide chemical in or on a raw agricultural |
14 | commodity. |
15 | (2) A pesticide chemical to the extent that it is |
16 | intended for use or is used in the production, storage or |
17 | transportation of any raw agricultural commodity. |
18 | (3) A color additive. |
19 | (4) Any substance used in accordance with a sanction or |
20 | approval granted prior to the enactment of this paragraph |
21 | pursuant to a statute repealed by this act, pursuant to the |
22 | Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C. |
23 | § 451 et seq.) or pursuant to the Wholesome Meat Act (Public |
24 | Law 90-201, 21 U.S.C. § 601 et seq.). |
25 | (5) A new animal drug. |
26 | As used in this definition, the term "substance" includes any |
27 | substance intended for use in producing, manufacturing, |
28 | packaging, processing, preparing, treating, transporting or |
29 | holding food and any source of radiation intended for any use. |
30 | "Food establishment." A room, building or place or portion |
|
1 | thereof or vehicle maintained, used or operated for the purpose |
2 | of commercially storing, packaging, making, cooking, mixing, |
3 | processing, bottling, baking, canning, freezing, packing or |
4 | otherwise preparing, transporting or handling food. The term |
5 | excludes retail food facilities, retail food establishments, |
6 | public eating and drinking places and those portions of |
7 | establishments operating exclusively under milk or milk products |
8 | permits. |
9 | "Imitation food." A food that is a substitute for and |
10 | resembles another food but is nutritionally inferior to that |
11 | food. |
12 | "Label." A display of written, printed or graphic matter |
13 | upon the immediate container of any food. The term "immediate |
14 | container" does not include package liners. |
15 | "Labeling." All labels and other written, printed or graphic |
16 | matter upon a food or any of its containers or wrappings. |
17 | "Package." Any container or wrapping in which food is |
18 | enclosed for delivery or display to retail purchasers. The term |
19 | does not include the following: |
20 | (1) Shipping containers or wrappings for the |
21 | transportation of food in bulk or quantity to manufacturers, |
22 | packers or processors or to wholesale or retail distributors. |
23 | (2) Shipping containers or wrappings used by retailers |
24 | to ship or deliver food to retail customers, if the |
25 | containers or wrappings bear no printed matter pertaining to |
26 | food. |
27 | (3) Containers used for tray pack displays in retail |
28 | establishments. |
29 | (4) Transparent containers or wrappings which do not |
30 | bear written, printed or graphic matter which obscures |
|
1 | information required to be displayed on the label. |
2 | "Pesticide chemical." A substance used in the production, |
3 | storage or transportation of raw agricultural commodities which, |
4 | alone or in chemical combination or formulation with one or more |
5 | other substances, is a pesticide within the meaning of the act |
6 | of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania |
7 | Pesticide Control Act of 1973. |
8 | "Potentially hazardous food." As defined in the 2005 Food | <-- |
9 | Code published by the United States Department of Health, Food |
10 | and Drug Administration, or its successor document As defined in | <-- |
11 | section 5702 (relating to definitions). |
12 | "Principal display panel." A part of a label that is most |
13 | likely to be displayed, presented, shown or examined under |
14 | normal and customary conditions of display for retail sale and |
15 | is large enough to accommodate all the mandatory information |
16 | required to be placed on the label. |
17 | "Public eating and drinking place." As defined in section |
18 | 5702 (relating to definitions). |
19 | "Raw agricultural commodity." A food in its raw or natural |
20 | state, including all fruits which are washed, colored or |
21 | otherwise treated in their unpeeled, natural form prior to |
22 | marketing. |
23 | "Retail food establishment." As defined in section 5702 |
24 | (relating to definitions). |
25 | "Retail food facility." As defined in section 5702 (relating |
26 | to definitions). |
27 | "Secretary." Includes an authorized representative, employee |
28 | or agent of the Department of Agriculture. |
29 | § 5723. Prohibited acts. |
30 | The following acts are prohibited: |
|
1 | (1) Manufacture, sale, delivery, consignment, bailment, |
2 | holding or offering for sale of any food that is adulterated |
3 | or misbranded, except where a person in good faith delivers |
4 | or offers to deliver the food and furnishes shipping |
5 | documents to the secretary. |
6 | (2) Adulteration or misbranding of any food. |
7 | (3) Knowingly receiving in commerce any food which is |
8 | adulterated or misbranded and the delivery or proffered |
9 | delivery thereof for pay or otherwise. |
10 | (4) Sale, delivery for sale, holding for sale or |
11 | offering for sale any article in violation of section 5731 |
12 | (relating to poisonous or deleterious substances and |
13 | tolerances). |
14 | (5) Refusal to permit during normal business hours entry |
15 | to, inspection of or taking of a sample or access to or |
16 | copying of any record at a food establishment as authorized |
17 | under section 5732(a)(2) and (3) (relating to inspection, |
18 | sampling and analysis). |
19 | (6) Removal or disposal of a detained or embargoed food |
20 | article in violation of section 5726 (relating to detention |
21 | and condemnation). |
22 | (7) Alteration, mutilation, destruction, obliteration or |
23 | removal of the whole or any part of the labeling of a food or |
24 | the doing of any other act with respect to a food, if the act |
25 | is done while the food is held for sale and results in the |
26 | food being adulterated or misbranded. |
27 | (8) Forging, counterfeiting, simulating, falsely |
28 | representing or using without proper authority any mark, |
29 | stamp, tag, label or other identification device authorized |
30 | or required by regulation promulgated under this subchapter. |
|
1 | (9) Use by any person to his own advantage or revealing, |
2 | other than to the secretary or the courts when relevant in |
3 | any judicial proceeding under this subchapter, of any |
4 | information acquired under authority of this subchapter |
5 | concerning any method or process which, as a trade secret or |
6 | confidential trade information, is entitled to protection. |
7 | (10) Holding of any potentially hazardous food at unsafe |
8 | temperatures in violation of an applicable regulation issued |
9 | under this chapter. |
10 | (11) Failure to register with the department under the |
11 | provisions of section 5734 (relating to registration of food |
12 | establishments). |
13 | (12) Use of wording which incorrectly indicates or |
14 | implies that a label or product has received approval of the |
15 | department. A food establishment may not claim registration |
16 | either upon its label or package or otherwise, except as |
17 | provided in section 5735 (relating to product registration). |
18 | (13) Sale of confectionery containing alcohol at a level |
19 | above one-half of 1% by volume. |
20 | (14) Failure by a carrier to make records showing the |
21 | movement in commerce of any food or the holding thereof |
22 | during or after the movement and the quantity, shipper and |
23 | consignee thereof available for one year after the initial |
24 | date of movement of the food in commerce. |
25 | § 5724. Temporary or permanent injunctions. |
26 | In addition to any other remedies provided in this |
27 | subchapter, the secretary may apply to the Commonwealth Court or |
28 | to any other court having jurisdiction for a temporary or |
29 | permanent injunction restraining a person from violating this |
30 | subchapter or any regulation adopted under this subchapter. |
|
1 | § 5725. Penalties. |
2 | (a) Criminal penalties.--A person who violates any provision |
3 | of this subchapter or any rule, regulation, standard or order |
4 | made under this subchapter commits a summary offense for the |
5 | first or second offense. A person who violates this subchapter |
6 | or any rule, regulation, standard or order made under this |
7 | subchapter commits a misdemeanor of the third degree if the |
8 | violation is a third or subsequent offense and if the violation |
9 | occurs within two years of the date of the last previous |
10 | offense. |
11 | (b) Civil penalties.--In addition to proceeding under any |
12 | other remedy available at law or in equity for a violation of |
13 | this subchapter, or a rule or regulation adopted or any order |
14 | issued under this subchapter, the secretary may assess a civil |
15 | penalty not to exceed $10,000 upon an individual or business for |
16 | each offense. No civil penalty shall be assessed unless the |
17 | person charged has been given notice and opportunity for a |
18 | hearing in accordance with law. In determining the amount of the |
19 | penalty, the secretary shall consider the gravity of the |
20 | violation. Whenever the secretary finds a violation which did |
21 | not cause harm to human health, the secretary may issue a |
22 | warning in lieu of assessing a penalty. In case of inability to |
23 | collect the civil penalty or failure of any person to pay all or |
24 | any portion of the penalty as the secretary may determine, the |
25 | secretary may refer the matter to the Attorney General, who |
26 | shall recover the amount by action in the appropriate court. |
27 | (c) Guaranty.-- |
28 | (1) No prosecution shall be sustained under the |
29 | provisions of this subchapter for the manufacture, delivery, |
30 | consignment, bailment, holding or sale of or offering for |
|
1 | sale, exposing for sale or having in possession with intent |
2 | to sell any adulterated or misbranded article against a |
3 | person from whom the article of food, sample or portion was |
4 | obtained by the department if the person can establish a |
5 | guaranty to the effect that the article of food is not |
6 | adulterated or misbranded within the meaning of this |
7 | subchapter, was adulterated or misbranded prior to coming |
8 | into the possession of the person and the person did not know |
9 | or have reason to know of the adulteration or misbranding or |
10 | was adulterated or misbranded after if left the possession |
11 | and control of the person. The guaranty must be signed by the |
12 | supplier, manufacturer, wholesale dealer, jobber or |
13 | distributor from whom the articles of food were purchased or |
14 | procured. |
15 | (2) The guaranty to afford protection shall contain the |
16 | name and address of the supplier, manufacturer, wholesale |
17 | dealer, jobber or distributor making the sale of the article |
18 | of food to the person holding the guaranty. A supplier, |
19 | manufacturer, wholesale dealer, jobber or distributor giving |
20 | a guaranty under the provisions of this subchapter may be |
21 | held responsible and may be proceeded against for the |
22 | adulteration or misbranding of any article of food sold under |
23 | the guaranty and shall be subject to the penalties provided |
24 | for violation of this subchapter. A guaranty shall not |
25 | operate as a defense to prosecution for a violation of the |
26 | provisions of this subchapter if the person holding the |
27 | guaranty continues to sell the same food after written or |
28 | printed notice from the secretary that the article is |
29 | adulterated or misbranded within the meaning of this |
30 | subchapter. However, if the person violated the provisions of |
|
1 | this subchapter by having stored, transported, exposed or |
2 | kept the article in a way or manner to render it diseased, |
3 | contaminated or unwholesome, the person may be proceeded |
4 | against for a violation. |
5 | (d) Minor violations.--Nothing in this subchapter shall be |
6 | construed as requiring prosecution or institution of a |
7 | proceeding under this subchapter for minor violations of this |
8 | subchapter if the secretary believes that the public interest |
9 | will be adequately served in the circumstances by a suitable |
10 | written notice or warning. |
11 | (e) Food establishments subject to local inspections.-- |
12 | Penalties shall be established by the county, borough, |
13 | incorporated town or township for food establishments that are |
14 | subject to local inspection under section 5733(b) (relating to |
15 | rules and regulations). |
16 | § 5726. Detention and condemnation. |
17 | (a) Marking detained food.--Whenever the secretary has |
18 | probable cause to believe that food is adulterated or |
19 | misbranded, the secretary shall affix to the container or |
20 | wrapping a tag or other marking. The tag or marking shall give |
21 | notice that: |
22 | (1) The food may be adulterated or misbranded and shall |
23 | be detained. |
24 | (2) It is unlawful to remove the food from the food |
25 | establishment or to dispose of it without approval of the |
26 | secretary. |
27 | (b) Determination and appeal.--The secretary shall determine |
28 | whether a food detained under this subchapter may be sold, |
29 | delivered, consigned, held or offered for sale as is or whether |
30 | it shall be relabeled, reprocessed or destroyed within 40 days |
|
1 | of issuance of the detention order. Any determination by the |
2 | secretary that the food shall be relabeled, reprocessed or |
3 | destroyed shall be subject, within 30 days of the determination, |
4 | to appeal by the owner or operator of the food establishment or |
5 | the manufacturer or owner of the food to the court of common |
6 | pleas of the county in which the food was located. The detention |
7 | order shall expire after five working days from the issuance of |
8 | the order, unless the secretary confirms the order. The order |
9 | shall clearly and concisely state the facts on which it is |
10 | based. |
11 | (c) Relabeling.--If the secretary determines that the |
12 | adulteration or misbranding can be corrected by a proper label |
13 | or reprocessing and the determination is not appealed within the |
14 | time permitted, the secretary may direct that the food be |
15 | released to the claimant to label or process under the |
16 | supervision of the secretary. The relabeled or reprocessed food |
17 | shall not be released into the market until the secretary has |
18 | executed an order indicating that the food is no longer in |
19 | violation of this subchapter. |
20 | (d) Order for destruction.--Food detained under this |
21 | subchapter shall be destroyed by the owner under the supervision |
22 | of the secretary, if the secretary determines that the food is |
23 | unfit for human consumption and the food cannot be reconditioned |
24 | so as to be made fit for human consumption and the determination |
25 | is not appealed within the time permitted. Food detained under |
26 | this subchapter may be used as animal feed or for other |
27 | beneficial use, provided that such use is in compliance with |
28 | other applicable statutes, rules, regulations, standards and |
29 | orders. The owner shall pay all costs of destruction. |
30 | § 5727. Temporary permits. |
|
1 | Temporary permits granted by Federal agencies for interstate |
2 | shipment of experimental packs of food varying from the |
3 | requirements of definitions and standards of identity in Federal |
4 | acts shall be effective in this Commonwealth under the |
5 | conditions provided in the permits. The secretary may issue |
6 | intrastate permits where they are necessary to the completion of |
7 | an investigation and where the interests of consumers are |
8 | safeguarded for foods not complying with definitions, standards |
9 | of identity and State laws and regulations. The permits shall be |
10 | for a period not to exceed one year, although the permit may be |
11 | extended for a period of up to one additional year if a new |
12 | standard of identity has been applied for under section 5733 |
13 | (relating to rules and regulations). The secretary may revoke a |
14 | permit after notice to the affected party if the application |
15 | contains misleading statements or if the secretary determines |
16 | that unfair competitive advantage is gained through the issuance |
17 | of the permit or that the need no longer exists for the permit. |
18 | § 5728. Adulteration of food. |
19 | A food shall be deemed adulterated: |
20 | (1) If it bears or contains any poisonous or deleterious |
21 | substance which may render it injurious to health. However, |
22 | if the substance is not an added substance, the food shall |
23 | not be considered adulterated under this section if the |
24 | quantity of the substance in the food does not ordinarily |
25 | render it injurious to health. |
26 | (2) If it bears or contains any added poisonous or added |
27 | deleterious substance which is unsafe within the meaning of |
28 | section 5731 (relating to poisonous or deleterious substances |
29 | and tolerances). This paragraph does not apply to a pesticide |
30 | chemical in or on a raw agricultural commodity, a food |
|
1 | additive or a color additive. |
2 | (3) If it is a raw agricultural commodity and bears or |
3 | contains a pesticide chemical which is unsafe within the |
4 | meaning of section 5731, except that, where a pesticide |
5 | chemical has been used in or on a raw agricultural commodity |
6 | with an exemption granted or tolerance prescribed under |
7 | section 5731 or under any of the Federal acts and the raw |
8 | agricultural commodity has been subjected to processing such |
9 | as canning, cooking, freezing, dehydrating or milling, the |
10 | residue of the pesticide remaining in or on the processed |
11 | food shall, notwithstanding the provisions of section 5731 |
12 | and this paragraph, not be deemed unsafe if the residue in or |
13 | on the raw agricultural commodity has been removed to the |
14 | extent possible in good manufacturing practice and the |
15 | concentration of the residue in the processed food when ready |
16 | to eat is not greater than the tolerance prescribed for the |
17 | raw agricultural commodity. |
18 | (4) If it bears or contains any food additive which is |
19 | unsafe within the meaning of section 5731 or under any of the |
20 | Federal acts. |
21 | (5) If it consists, in whole or in part, of any |
22 | diseased, contaminated, filthy, putrid or decomposed |
23 | substance or is otherwise unfit for food. |
24 | (6) If it has been produced, prepared, packed or held |
25 | under unsanitary conditions so that it may have become |
26 | contaminated with filth or may have been rendered diseased, |
27 | unwholesome or injurious to health. |
28 | (7) If it is, in whole or in part, the product of a |
29 | diseased animal or of an animal which has died otherwise than |
30 | by slaughter. |
|
1 | (8) If its container is composed, in whole or in part, |
2 | of any poisonous or deleterious substance which may render |
3 | the contents injurious to health, unless the container is |
4 | fabricated or manufactured with good manufacturing practice |
5 | as that standard is defined and delineated by any of the |
6 | Federal acts and their regulations. |
7 | (9) If it has been intentionally subjected to radiation, |
8 | unless the use of the radiation was in conformity with a |
9 | regulation or exemption in effect under section 5731 or under |
10 | one of the Federal acts. |
11 | (10) If: |
12 | (i) any valuable constituent has been, in whole or |
13 | in part, omitted or abstracted therefrom; |
14 | (ii) any substance has been substituted wholly or in |
15 | part; |
16 | (iii) damage or inferiority has been concealed in |
17 | any manner; or |
18 | (iv) any substance has been added thereto or mixed |
19 | or packed so as to increase its bulk or weight or reduce |
20 | its quality or strength or make it appear better or of |
21 | greater value than it is. |
22 | (11) If it bears or contains any color additive which is |
23 | unsafe within the meaning of section 5731 or under one of the |
24 | Federal acts. |
25 | (12) If it bears or contains eggs processed by or egg |
26 | products derived from a manufacturing, processing or |
27 | preparing method wherein whole eggs are broken using a |
28 | centrifuge-type egg breaking machine that separates the egg's |
29 | liquid interior from the shell. |
30 | § 5729. Misbranding of food. |
|
1 | (a) General rule.--A food shall be misbranded: |
2 | (1) If its labeling is false or misleading in any way. |
3 | (2) If it is offered for sale under the name of another |
4 | food. |
5 | (3) If it is an imitation of another food, unless its |
6 | label bears, in type of uniform size and prominence, the word |
7 | "imitation" and, immediately thereafter, the name of the food |
8 | that is simulated. |
9 | (4) If its container is so made, formed or filled as to |
10 | be misleading. |
11 | (5) If it is in a package that does not bear a label |
12 | containing: |
13 | (i) The name and place of business of the |
14 | manufacturer, packer or distributor. |
15 | (ii) An accurate statement of the quantity of the |
16 | contents in terms of weight, measure or numerical count. |
17 | Reasonable variations are permitted and exemptions as to |
18 | small packages shall be established in regulations |
19 | promulgated by the secretary. |
20 | (6) If it is represented as a food for which a |
21 | definition and standard of identity has been prescribed by |
22 | regulation under this subchapter or under any of the Federal |
23 | acts, unless it conforms to the definition and standard and |
24 | its label bears the name of the food specified in the |
25 | definition and standard and the common names of optional |
26 | ingredients, other than spices, flavoring and coloring, |
27 | present in the food. |
28 | (7) Unless its label bears the following: |
29 | (i) The common or usual name of the food, if any. |
30 | (ii) If made from two or more ingredients, the |
|
1 | common or usual name of each ingredient is listed in |
2 | descending order of predominance by weight, except that |
3 | spices, flavorings and colorings not required to be |
4 | certified under any of the Federal acts, other than those |
5 | sold as such, may be designated as spices, flavorings and |
6 | colorings without naming each. |
7 | (8) If it is represented for special dietary uses, |
8 | unless its label bears such information concerning its |
9 | vitamin, mineral and other dietary properties as determined |
10 | by regulation to be necessary and in order to inform |
11 | purchasers as to its value for such use. |
12 | (9) If it bears or contains any artificial flavoring, |
13 | artificial coloring or chemical preservative, unless it bears |
14 | labeling stating that fact. Exemptions shall be established |
15 | by regulations to the extent that compliance with |
16 | requirements of this paragraph is impracticable. The |
17 | provisions of this paragraph or paragraphs (6) and (7) with |
18 | respect to artificial coloring shall not apply in the case of |
19 | butter, cheese or ice cream. The provisions of this paragraph |
20 | with respect to chemical preservatives shall not apply to a |
21 | pesticide chemical when used in or on a raw agricultural |
22 | commodity which is the produce of the soil. |
23 | (10) If it is a raw agricultural commodity bearing or |
24 | containing a pesticide chemical applied after harvest, unless |
25 | the shipping container of the commodity bears labeling which |
26 | declares the presence of the chemical and the common or usual |
27 | name and function of the chemical. A declaration shall not be |
28 | required when the commodity is removed from the shipping |
29 | container and is held or displayed for sale at retail in |
30 | accordance with the custom of the trade. |
|
1 | (11) If it is a color additive, unless its packaging and |
2 | labeling are in conformity with the packaging and labeling |
3 | requirements applicable to color additives in department |
4 | regulations. |
5 | (12) If, at the site of purchase of the particular food, |
6 | a sign, placard or other graphic matter relating to the food |
7 | is false or misleading in any particular. |
8 | (b) Exceptions.--The provisions of subsection (a)(1), (2), |
9 | (3), (4), (5), (6), (7), (8), (9), (10) and (11) shall not apply |
10 | to the following: |
11 | (1) Bakery goods sold at retail by the bakery directly |
12 | to the consumer in a store or market stand operated by the |
13 | bakery. The bakery goods must be made by the bakery, the |
14 | bakery must guarantee that they are in compliance with this |
15 | act in all other respects and the required information in |
16 | subsection (a)(1), (2), (3), (4), (5), (6), (7), (8) and (9) |
17 | must be available to the public at the point-of-sale. |
18 | (2) Bakery goods sold to the operators of retail food |
19 | facilities when the required information in subsection (a)(1) |
20 | (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) is |
21 | available to the public on the premises of the retail food |
22 | facility. |
23 | (c) Nonpackaged food.--Food offered for retail sale in other |
24 | than package form shall be accompanied by a sign, placard or |
25 | notice listing the ingredients in descending order of |
26 | predominance by weight. |
27 | § 5730. Regulations to exempt certain labeling requirements. |
28 | The department shall promulgate regulations exempting from |
29 | any labeling requirement food which is, in accordance with the |
30 | practice of the trade, to be processed, labeled or repacked in |
|
1 | substantial quantities at establishments other than those where |
2 | originally processed or packed if the food is not adulterated or |
3 | misbranded under this subchapter upon removal from the |
4 | processing, labeling or repacking establishments. |
5 | § 5731. Poisonous or deleterious substances and tolerances. |
6 | (a) Additions to food.--A poisonous or deleterious substance |
7 | added to a food, except where the substance is required in its |
8 | production and cannot be avoided by good manufacturing practice, |
9 | shall be deemed to be unsafe unless added in compliance with the |
10 | Federal acts. |
11 | (b) Pesticide chemicals in or on raw agricultural |
12 | commodities.--A poisonous or deleterious pesticide chemical, or |
13 | any chemical which is not generally recognized among experts |
14 | qualified by scientific training and experience to evaluate the |
15 | safety of pesticide chemicals as safe for use, added to a raw |
16 | agricultural commodity shall be deemed unsafe unless added in |
17 | compliance with the Federal acts. |
18 | (c) Unsafe food additives.--A food additive shall, with |
19 | respect to any particular use or intended use, be deemed to be |
20 | unsafe for the purposes of the application of section 5728(4) |
21 | (relating to adulteration of food) unless it and its intended |
22 | use conform to the terms of an exemption which is in effect |
23 | under this section or unless there is in effect, and it and its |
24 | intended use are in conformity with, a regulation issued under |
25 | this section prescribing the conditions under which the additive |
26 | may be safely used. A food which is in compliance with a |
27 | regulation relating to a food additive shall not, by reason of |
28 | bearing or containing an additive in accordance with the |
29 | regulations, be considered adulterated within the meaning of |
30 | section 5728(4). |
|
1 | § 5732. Inspection, sampling and analysis. |
2 | (a) Inspection.--For purposes of enforcement of this |
3 | subchapter, the secretary is authorized, upon presenting |
4 | appropriate credentials to the owner, operator or agent in |
5 | charge: |
6 | (1) To enter at reasonable times any factory, warehouse |
7 | or food establishment in which food is or was manufactured, |
8 | processed, packed or held for introduction into commerce or |
9 | to enter any vehicle used to transport or hold the food in |
10 | commerce. |
11 | (2) To inspect at reasonable times, within reasonable |
12 | limits and in a reasonable manner the factory, warehouse, |
13 | food establishment or vehicle and all pertinent materials, |
14 | containers and labeling and to obtain samples necessary to |
15 | administer this subchapter. |
16 | (3) To have access to and to copy all records of |
17 | carriers showing the movement in commerce of any food or the |
18 | holding thereof during or after the movement, and the |
19 | quantity, shipper and consignee thereof, if the secretary has |
20 | probable cause to believe that the movement or holding of |
21 | food is in violation of this subchapter or department |
22 | regulations. |
23 | (b) Report of inspection.--Upon completion of an inspection |
24 | of a factory, warehouse or other food establishment and prior to |
25 | leaving the premises, the secretary shall give to the owner, |
26 | operator or agent in charge a written report of the findings of |
27 | the inspection. |
28 | (b.1) Interagency coordination.--The department shall share |
29 | inspection reports or tests results that indicate human illness |
30 | related to food consumption or food handling practices, or to |
|
1 | other threats to the safety of the food supply, with the |
2 | Department of Health, the Department of Environmental Protection |
3 | or any other Commonwealth agency as necessary to develop a |
4 | comprehensive, coordinated interagency approach to protecting |
5 | public health and safeguarding the food supply. |
6 | (c) Collection of samples.--During an inspection of a |
7 | factory or other food establishment where food is manufactured, |
8 | processed, packed, stored or offered for sale, the secretary may |
9 | obtain a sample of any food for such analysis as is necessary to |
10 | determine compliance with this subchapter. |
11 | (d) Receipt for samples.--If the secretary has obtained any |
12 | sample in the course of the inspection, the secretary shall, |
13 | upon completion of the inspection and prior to leaving the |
14 | premises, give to the owner, operator or agent in charge a |
15 | receipt describing the sample obtained. |
16 | (e) Payment of samples.--The food establishment from which |
17 | samples are collected may bill the secretary for the fair market |
18 | value of the samples. |
19 | § 5733. Rules and regulations. |
20 | (a) Nature of rules.--The secretary shall be charged with |
21 | the enforcement of this subchapter and shall promulgate rules, |
22 | regulations and food standards necessary for its proper |
23 | enforcement. The rules, regulations and food standards shall |
24 | conform and shall be construed to conform with the purposes |
25 | expressed in section 5736 (relating to construction of |
26 | subchapter). |
27 | (b) Local inspection.--Nothing in this subchapter shall |
28 | prohibit any county, city, borough, incorporated town or |
29 | township which was licensing food establishments in accordance |
30 | with the act of April 21, 1949 (P.L.665, No.155), known as the | <-- |
|
1 | First Class City Home Rule Act, or the act of August 24, 1951 |
2 | (P.L.1304, No.315), known as the Local Health Administration |
3 | Law, on September 2, 1994, from continuing to license such food |
4 | establishments in accordance with the First Class City Home Rule | <-- |
5 | Act or the Local Health Administration Law. No county, city, |
6 | borough, incorporated town or township shall ordain or enforce |
7 | requirements of any kind or description with respect to food |
8 | establishments related to sanitation, food safety, inspections, |
9 | standards and labeling other than those promulgated by the |
10 | secretary in accordance with this subchapter or adopted in |
11 | accordance with subsection (f). |
12 | (c) Reciprocal inspection.--The secretary is authorized to |
13 | enter into reciprocal agreements with other jurisdictions to |
14 | ensure inhabitants of this Commonwealth that food sold in this |
15 | Commonwealth complies with this subchapter and its regulations. |
16 | The agreements may be for reciprocal inspection and labeling |
17 | review. The secretary may approve or accept inspection and |
18 | labeling requirements of other jurisdiction with respect to |
19 | food. |
20 | (d) Uniform regulation.--In reaching reciprocal agreements |
21 | with other jurisdictions, the provisions of this subchapter and |
22 | its regulations shall be considered as establishing uniform |
23 | requirements and regulations for food establishments throughout |
24 | this Commonwealth as defined in section 5722 (relating to |
25 | definitions). |
26 | (e) Interagency agreements.--Nothing in this subchapter |
27 | shall prohibit a Commonwealth agency which is regulating and |
28 | inspecting retail food facilities in accordance with Subchapter |
29 | A (relating to retail food facility safety) from continuing to |
30 | regulate and inspect retail food facilities in accordance with |
|
1 | Subchapter A. |
2 | (f) Adoption of Federal regulations.--All regulations and |
3 | supplements thereto or revisions thereof adopted under the |
4 | Federal acts which relate to food on, before or after the |
5 | effective date of this subchapter are adopted as regulations in |
6 | this Commonwealth and shall remain in effect unless subsequently |
7 | modified or superseded by regulations promulgated by the |
8 | secretary. |
9 | (g) Water standards.--If a food establishment uses or |
10 | supplies water for human consumption, the water shall be in |
11 | compliance with the primary and secondary Maximum Contaminant |
12 | Levels (MCL), treatment techniques and Maximum Residual |
13 | Disinfectant Levels (MRDL) required by the act of May 1, 1984 |
14 | (P.L.206, No.43), known as the Pennsylvania Safe Drinking Water |
15 | Act, and its attendant regulations. |
16 | (h) Definitions.--As used in this section, the phrase "other |
17 | jurisdictions" shall mean the United States of America or any |
18 | state, territory or possession thereof or any other country. |
19 | § 5734. Registration of food establishments. |
20 | (a) General rule.--Subject to the rules and regulations |
21 | adopted by the secretary, it shall be the duty of every person |
22 | operating a food establishment within this Commonwealth to |
23 | register with the secretary as a food establishment. This |
24 | registration requirement shall not be construed to exempt food |
25 | establishments from licensing requirements of any county, city, |
26 | borough, incorporated town or township in accordance with the | <-- |
27 | act of April 21, 1949 (P.L.665, No.155), known as the First |
28 | Class City Home Rule Act, or the act of August 24, 1951 |
29 | (P.L.1304, No.315), known as the Local Health Administration |
30 | Law. |
|
1 | (b) Application.--The application for registration shall be |
2 | made on a form to be supplied by the secretary upon request of |
3 | the applicant. |
4 | (c) Fee.--The registration fee shall be $35 per food |
5 | establishment per year. |
6 | (d) Exception.--Vehicles used primarily for the |
7 | transportation of any consumer commodity in bulk or quantity to |
8 | manufacturers, packers, processors or wholesale or retail |
9 | distributors are exempt from the provisions of this section. |
10 | (e) Single food establishment.--For purposes of this |
11 | section, food establishments which are located at the same |
12 | address and operated by the same person shall be deemed to be a |
13 | single food establishment. |
14 | § 5735. Product registration. |
15 | The secretary may promulgate regulations allowing food |
16 | establishments to label their food products as having been |
17 | registered by the department. "Reg. Penna. Dept. Agr." shall be |
18 | the approved abbreviation. This registration label shall be |
19 | limited to food products prepared or packed in a food |
20 | establishment registered under section 5734 (relating to |
21 | registration of food establishments). |
22 | § 5736. Construction of subchapter. |
23 | (a) General rule.--The provisions of this subchapter and the |
24 | regulations promulgated under this subchapter shall be construed |
25 | in a manner that is consistent with the Federal acts and |
26 | regulations promulgated under those acts. The secretary shall |
27 | not ordain or enforce requirements relating to sanitation, food |
28 | safety, food standards and labeling requirements of any kind or |
29 | description other than those provided for in the Federal acts |
30 | unless the proposed regulation meets all of the following: |
|
1 | (1) is justified by compelling and unique local |
2 | conditions; |
3 | (2) protects an important public interest that would |
4 | otherwise be unprotected; |
5 | (3) relates to subject matter that is primarily local in |
6 | nature and the Federal agency with responsibility over the |
7 | subject matter is not exercising its jurisdiction with |
8 | respect to the subject matter; |
9 | (4) would not cause a food to be in violation of any |
10 | applicable requirements under the Federal acts; and |
11 | (5) would not unduly burden interstate commerce. |
12 | (b) Secretary to participate in rulemaking.--The secretary |
13 | is encouraged to participate in rulemaking under the Federal |
14 | acts and, if necessary, to pursue Federal rulemaking as is |
15 | deemed necessary for the protection of the citizens of this |
16 | Commonwealth through the Federal petition and rulemaking |
17 | process. |
18 | § 5737. Acts not affected. |
19 | Nothing in this subchapter shall be construed to abrogate or |
20 | supersede any provision or regulation adopted under: |
21 | (1) The act of July 2, 1935 (P.L.589, No.210), referred |
22 | to as the Milk Sanitation Law, the act of August 8, 1961 |
23 | (P.L.975, No.436), referred to as the Milk Adulteration and |
24 | Labeling Act, and the act of September 1, 1965 (P.L.420, No. |
25 | 215), known as The Frozen Dessert Law. |
26 | (2) The act of August 24, 1951 (P.L.1304, No.315), known | <-- |
27 | as the Local Health Administration Law, with regard to |
28 | licensure, regulation and inspection of a public eating or |
29 | drinking place, as defined in section 5702 (relating to |
30 | definitions), which is not a food establishment under this |
|
1 | subchapter. |
2 | (3) (2) Subchapter A (relating to retail food facility | <-- |
3 | safety). |
4 | Section 1.1. Chapters 59 and 61 of Title 3 are repealed: | <-- |
5 | [CHAPTER 59 |
6 | ORGANIC FOODS |
7 | Sec. |
8 | 5901. Short title of chapter. |
9 | 5902. Declaration of policy. |
10 | 5903. Definitions. |
11 | 5904. Organic certification. |
12 | 5905. Crop production practices and materials. |
13 | 5906. Animal production practices and materials. |
14 | 5907. Producer statement. |
15 | 5908. Rules and regulations. |
16 | 5909. Violations. |
17 | § 5901. Short title of chapter. |
18 | This chapter shall be known and may be cited as the Organic |
19 | Food Products Standards Act. |
20 | § 5902. Declaration of policy. |
21 | The General Assembly finds and declares as follows: |
22 | (1) A public benefit will be achieved by establishing |
23 | standards for agricultural products marketed, labeled and |
24 | advertised using the term "organic" or a derivative of the |
25 | term "organic." Standards facilitate the development of |
26 | intrastate and interstate markets for organically produced |
27 | agricultural products by providing a clear, uniform |
28 | definition for farmers, food processors, food distributors |
29 | and consumers alike. |
30 | (2) It is intended that private certifying agents be |
|
1 | recognized by the department to determine whether food |
2 | products marketed, labeled and advertised as organic conform |
3 | to standards set forth in the Organic Foods Production Act of |
4 | 1990 (Public Law 101-624, 104 Stat. 3935). |
5 | § 5903. Definitions. |
6 | The following words and phrases when used in this chapter |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Agricultural product." Any agricultural commodity or |
10 | product, whether in raw or prepared form, including any |
11 | commodity or product derived from livestock that is intended for |
12 | human or livestock consumption or seed. |
13 | "Distribute." To offer for sale, sell, barter, process or |
14 | otherwise supply agricultural products. |
15 | "Distributor." Any person who sells agricultural products to |
16 | consumers or other distributors. The term does not include final |
17 | retailers of agricultural products that do not process |
18 | agricultural products. |
19 | "Organic certification agent or agency." Private individuals |
20 | or organizations residing or doing business in this Commonwealth |
21 | who are certified by the Secretary of the United States |
22 | Department of Agriculture as capable of inspecting farms and |
23 | food distributor operations to determine whether the farms and |
24 | food distributor operations conform with standards set forth in |
25 | the Organic Foods Production Act of 1990 (Public Law 101-624, |
26 | 104 Stat. 3935). |
27 | "Organically produced." Any agricultural product that is |
28 | produced and distributed in accordance with this chapter. |
29 | "Producer." Any person that grows, raises, processes or |
30 | produces an agricultural product and distributes the |
|
1 | agricultural product as organically produced. |
2 | "USDA." The United States Department of Agriculture. |
3 | § 5904. Organic certification. |
4 | (a) General rule.--The department shall designate one or |
5 | more organic certification agents or agencies to certify |
6 | organically produced agricultural products in accordance with |
7 | this chapter. |
8 | (b) Eligibility for services or certification.--An organic |
9 | certification agent or agency may not refuse services or |
10 | certification to a person who meets all of the following |
11 | requirements: |
12 | (1) The person has met certification requirements for |
13 | agricultural products. |
14 | (2) The person has paid certification fees. |
15 | (c) USDA seal.--Producers and distributors certified by a |
16 | recognized organic certification agent or agency may incorporate |
17 | the USDA seal in the label design of their agricultural product. |
18 | (d) Records.--Each organic certification agent or agency |
19 | designated by the department shall maintain detailed and |
20 | verifiable records on each producer certified for a period of |
21 | ten years. |
22 | (e) Proposed regulations.--Organic certification agents or |
23 | agencies may submit proposed regulations to the department. |
24 | § 5905. Crop production practices and materials. |
25 | (a) Seeds and seedlings.--To be certified under this |
26 | chapter, producers shall not apply materials to or engage in |
27 | practices on seeds or seedlings that are contrary to or |
28 | inconsistent with USDA standards or this chapter. |
29 | (b) Soil additives.--To be certified under this chapter, |
30 | producers shall not: |
|
1 | (1) Use any fertilizers containing synthetic ingredients |
2 | or any commercially blended fertilizers containing materials |
3 | prohibited under the Organic Foods Production Act of 1990 |
4 | (Public Law 101-624, 104 Stat. 3935) or this chapter. |
5 | (2) Use phosphorus, lime or potash as a source of |
6 | nitrogen. |
7 | (c) Crop management.--To be certified under this chapter, |
8 | producers shall not: |
9 | (1) Use natural poisons such as arsenic or lead salts |
10 | that have long-term effects and persist in the environment, |
11 | as determined by the department. |
12 | (2) Use plastic mulches unless the mulches are removed |
13 | at the end of each growing or harvest season. |
14 | (3) Use transplants that are treated with any synthetic |
15 | or prohibited material. |
16 | § 5906. Animal production practices and materials. |
17 | (a) Livestock in general.--Any livestock that is to be |
18 | slaughtered and sold or labeled as organically produced shall be |
19 | raised in accordance with this chapter. |
20 | (b) Breeder stock.--Breeder stock may be purchased from any |
21 | source if the stock is not in the last third of gestation. |
22 | (c) Practices.--In order for livestock to be certified as |
23 | organically produced under this chapter producers shall not: |
24 | (1) Feed the livestock feed other than organically |
25 | produced feed that meets the requirements of this chapter. |
26 | (2) Use the following feed: |
27 | (i) Plastic pellets for roughage. |
28 | (ii) Manure refeeding. |
29 | (iii) Feed formulas containing urea. |
30 | (3) Use growth promoters and hormones on livestock, |
|
1 | whether implanted, ingested or injected, including |
2 | antibiotics and synthetic trace elements used to stimulate |
3 | growth or production of the livestock. |
4 | (d) Livestock health care.--In order for livestock to be |
5 | certified as organically produced under this chapter, producers |
6 | shall not: |
7 | (1) Use subtherapeutic doses of antibiotics. |
8 | (2) Use synthetic internal parasiticides on a routine |
9 | basis. |
10 | (3) Administer medication, other than vaccinations, in |
11 | the absence of illness. |
12 | (e) Additional standards.-- |
13 | (1) With the exception of day-old poultry, all poultry |
14 | from which meat or eggs will be sold or labeled as |
15 | organically produced shall be raised and handled in |
16 | accordance with this chapter prior to and during the period |
17 | in which the meat or eggs are sold. |
18 | (2) A dairy animal from which milk or milk products will |
19 | be distributed as organically produced shall be raised in |
20 | accordance with this chapter for a period of not less than |
21 | the 12 months immediately prior to the sale of the milk or |
22 | milk products. |
23 | (f) Livestock identification.-- |
24 | (1) To be certified under this chapter, producers must |
25 | keep adequate records and maintain a detailed, verifiable |
26 | audit trail so that each animal or, in the case of poultry, |
27 | each flock can be traced back to the producer. |
28 | (2) In order to carry out the requirements of paragraph |
29 | (1), each producer must keep accurate records on each animal |
30 | or, in the case of poultry, each flock, including amounts and |
|
1 | sources of all medications administered and all feeds and |
2 | feed supplements bought and fed. |
3 | § 5907. Producer statement. |
4 | A producer shall not sell to a distributor any agricultural |
5 | product which the producer represents as an organically produced |
6 | agricultural product unless the producer received certification |
7 | from an organic certification agency or agent prior to the sale. |
8 | § 5908. Rules and regulations. |
9 | (a) Adoption.--The department shall adopt rules and |
10 | regulations in conformity with the act of June 25, 1982 |
11 | (P.L.633, No.181), known as the Regulatory Review Act, and the |
12 | Organic Foods Production Act of 1990 (Public Law 101-624, 104 |
13 | Stat. 3935) as the department believes are appropriate for the |
14 | administration of this chapter. |
15 | (b) Prohibited substances.--Whenever the department believes |
16 | it appropriate to protect the interests of consumers of |
17 | organically produced agricultural products, the department may, |
18 | by regulation and in accordance with the Regulatory Review Act, |
19 | add to the list of prohibited substances under this chapter. |
20 | § 5909. Violations. |
21 | The department shall issue orders to producers or |
22 | distributors found violating any provision of this chapter or |
23 | rules or regulations adopted under this chapter to cease their |
24 | violations and desist from future violations. The organic |
25 | certification agencies, the producers and the distributors shall |
26 | report to the department any violations of this chapter of which |
27 | they are aware. Whenever the department finds that a producer or |
28 | distributor has committed a violation, the department shall |
29 | impose upon and collect from the violator a civil fine not |
30 | exceeding the total of the following amounts: |
|
1 | (1) The Commonwealth's estimated costs of investigating |
2 | and taking appropriate administrative and enforcement actions |
3 | in respect to the violation. |
4 | (2) $1,000. |
5 | CHAPTER 61 |
6 | MAPLE PRODUCTS |
7 | Sec. |
8 | 6101. Short title of chapter. |
9 | 6102. Declaration of policy. |
10 | 6103. Definitions. |
11 | 6104. License. |
12 | 6105. Registration. |
13 | 6106. Enforcement. |
14 | 6107. Requirements and grades. |
15 | 6108. Prohibited acts. |
16 | 6109. Labeling of maple products. |
17 | 6110. Detained food. |
18 | 6111. Manufacturing and marketing practices. |
19 | 6112. Penalties. |
20 | § 6101. Short title of chapter. |
21 | This chapter shall be known and may be cited as the Maple |
22 | Products Act. |
23 | § 6102. Declaration of policy. |
24 | The maple industry constitutes an important part of the |
25 | economy of this Commonwealth. Therefore, the purpose of this |
26 | chapter is to preserve and foster growth in maple products for |
27 | producers and ensure the quality of maple products of this |
28 | Commonwealth for the consumer by establishing reasonable |
29 | standards of identity and quality for maple products. |
30 | § 6103. Definitions. |
|
1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Advertisement." Any method used to call public attention to |
5 | a product for the specific purpose of inducing a desire to |
6 | purchase that product. The term includes, but is not limited to, |
7 | signs, displays, radio and television broadcasts, newspapers and |
8 | periodicals, direct mail and other printed forms. |
9 | "Brix." A scale used to measure sugar solutions so graduated |
10 | that its readings at a specified temperature represent |
11 | percentages by weight of sugar in the solution. |
12 | "Bulk maple syrup." Maple syrup packed in containers of more |
13 | than five gallons. |
14 | "Damaged maple syrup." A maple syrup which has color, |
15 | appearance, flavor, aroma, edibility or shipping quality which |
16 | has been adversely affected by contamination of sap or syrup |
17 | with biological, chemical, buddy or particulate matter. |
18 | "Dealer," "packer" or "reprocessor." A person who annually |
19 | purchases, produces or otherwise acquires from another person or |
20 | persons at least 1,000 gallons of maple syrup for the purposes |
21 | of packaging for resale or for the purposes of resale in bulk. |
22 | "Food establishment." Shall have the meaning given to it in |
23 | the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. |
24 | "Grade." The standards for maple syrup or maple sugar |
25 | promulgated through regulations of the department as the |
26 | official grades of maple syrup or maple sugar for this |
27 | Commonwealth. |
28 | "Hydrometer." A floating instrument which measures the |
29 | specific gravities of liquid solutions and which contains a |
30 | scale designed to determine the density of maple sap or maple |
|
1 | syrup. |
2 | "Inspector." A person with knowledge of the maple syrup |
3 | industry designated by the Department of Agriculture to carry |
4 | out the duties described in this chapter. |
5 | "Maple products." Maple syrup, maple sugar, maple cream or |
6 | any other product in which the sugar content is entirely derived |
7 | from pure maple sap and to which nothing has been added unless |
8 | allowed under section 6107 (relating to requirements and |
9 | grades). |
10 | "Maple sap." The unprocessed liquid derived from the maple |
11 | tree. |
12 | "Maple sugar." The solid, crystalline product of maple sap. |
13 | "Maple syrup." The liquid derived by concentration and heat |
14 | treatment of maple sap. |
15 | "Maple syrup confectionery." A product consisting of maple |
16 | syrup and other food products that does not contain artificial |
17 | flavors or colors. |
18 | "Packaged maple syrup." Maple syrup packed in containers of |
19 | five gallons or less. |
20 | "Producer." A person who collects maple sap for the |
21 | production of maple syrup or maple products for sale in retail |
22 | or wholesale markets. |
23 | § 6104. License. |
24 | (a) General rule.--A person may not purchase, produce or |
25 | otherwise acquire 1,000 gallons of maple syrup or more annually |
26 | for the purposes of packaging for sale or resale or for the |
27 | purposes of sale or resale in bulk without possessing a current |
28 | valid dealer's license issued by the department or a current |
29 | valid registration as a food establishment issued by the |
30 | department under the act of July 7, 1994 (P.L.421, No.70), known |
|
1 | as the Food Act. |
2 | (b) Optional licensure.--A person who purchases, produces or |
3 | otherwise acquires less than 1,000 gallons of maple syrup |
4 | annually for the purposes of packaging for sale or resale or for |
5 | the purposes of sale or resale in bulk may apply for and be |
6 | issued a dealer's license by the department. A person who is |
7 | licensed pursuant to this subsection shall be subject to the |
8 | same requirements applicable to a person licensed pursuant to |
9 | subsection (a). |
10 | (c) Application for license.--A person seeking to be |
11 | licensed pursuant to either subsection (a) or (b) shall apply on |
12 | or before December 31 for a license for the succeeding year. The |
13 | application shall be on a form prescribed by the department and, |
14 | together with any other information which the department may |
15 | require, shall include: |
16 | (1) The name and address of the applicant or, if the |
17 | applicant is an association or partnership, the name and |
18 | address of each member of the association or partnership or, |
19 | if the applicant is a corporation, the name and address of |
20 | each officer of the corporation. |
21 | (2) The name and address of the person, if other than |
22 | the applicant, whose name will appear on the label of any |
23 | maple product which the person intends to sell. |
24 | (3) The location of all places at which the applicant |
25 | intends to do business. |
26 | (d) Issuance of license.--Except as provided in subsection |
27 | (e), the department shall issue a dealer's license to a person |
28 | who submits a completed application pursuant to subsection (c) |
29 | and pays the annual license fee of $35. A person who pays the |
30 | annual registration fee pursuant to section 14(c) of the Food |
|
1 | Act shall not be subject to the license fee imposed by this |
2 | subsection. |
3 | (e) Right to refuse, suspend or revoke license.--The |
4 | department may refuse to issue a license or may suspend or |
5 | revoke a previously issued license if the department determines |
6 | that the applicant or licensee has done any of the following: |
7 | (1) Failed to provide any information which the |
8 | department has reasonably requested. |
9 | (2) Made a false or misleading statement in the |
10 | application for a license or the renewal of a license. |
11 | (3) Committed an act prohibited under section 6108 |
12 | (relating to prohibited acts). |
13 | (f) Appeals.--Any person refused a license or a license |
14 | renewal or any person whose license is suspended or revoked may |
15 | appeal the refusal, suspension or revocation in accordance with |
16 | Title 2 (relating to administrative law and procedure). |
17 | § 6105. Registration. |
18 | Subject to regulations promulgated by the department, a |
19 | licensee may label a maple product as having been registered by |
20 | the department. "Reg. Penna. Dept. Agr." shall be the approved |
21 | abbreviation. |
22 | § 6106. Enforcement. |
23 | (a) General rule.--A maple product shall be subject to the |
24 | act of July 7, 1994 (P.L.421, No.70), known as the Food Act, and |
25 | the regulations promulgated under that act, except to the extent |
26 | that this chapter or the regulations promulgated under this |
27 | chapter are inconsistent with those statutes and regulations. |
28 | (b) Inspectors.--Inspectors shall have the power and duty |
29 | to: |
30 | (1) Administer and enforce the provisions of this |
|
1 | chapter. |
2 | (2) Periodically inspect dealers, producers and other |
3 | food establishments for compliance with this chapter. An |
4 | inspector may enter upon any public or private premises |
5 | during hours of their operation and other reasonable times |
6 | without prior notice to inspect, conduct tests, collect |
7 | samples and examine records as he considers necessary to |
8 | determine compliance with this chapter. |
9 | (c) Regulations.--The department shall promulgate such |
10 | regulations as are necessary to carry out this chapter. |
11 | § 6107. Requirements and grades. |
12 | (a) General rule.-- |
13 | (1) A food product shall not be described as "maple" or |
14 | "maple flavored" unless it contains maple syrup as the sole |
15 | source of maple flavor and color, provided that a food |
16 | product which contains maple syrup as the sole source of |
17 | maple flavor but which is artificially colored may be |
18 | described as "maple flavored, artificially colored." |
19 | (2) No person shall sell or offer for sale in this |
20 | Commonwealth maple syrup which does not comply with the |
21 | grades, density, flavor and other requirements of this |
22 | section. |
23 | (b) Processing.--Maple syrup shall not be processed in any |
24 | manner which adds or removes naturally occurring soluble |
25 | materials. This limitation shall not preclude the use of |
26 | approved filter aids used for the sole purpose of assisting the |
27 | removal of suspended material or the use of defoaming agents |
28 | approved by the department. |
29 | (c) Ingredients.--The only ingredients which may be added to |
30 | maple sap in the production of maple syrup are: |
|
1 | (1) Salt. |
2 | (2) Chemical preservatives and defoaming agents approved |
3 | under the Federal Food, Drug, and Cosmetic Act (52 Stat. |
4 | 1040, 21 U.S.C. § 301 et seq.). |
5 | (d) Density.-- |
6 | (1) Unless otherwise established by regulations |
7 | promulgated by the department, the minimum density of maple |
8 | syrup shall be 66 degrees Brix at 60 degrees Fahrenheit. |
9 | (2) Except as provided in paragraph (3), no person shall |
10 | place maple syrup in retail or wholesale containers if it |
11 | does not comply with the density standards of this chapter or |
12 | sell, exchange, offer for sale or expose for sale packaged |
13 | maple syrup which does not meet the density requirements of |
14 | this chapter. |
15 | (3) If the density of bulk maple syrup does not exceed |
16 | the minimum density set forth in paragraph (1), the container |
17 | shall be conspicuously marked: |
18 | NOTICE |
19 | The syrup in this container has a density of (number) |
20 | degrees Brix at 60 degrees Fahrenheit. |
21 | (e) Labeling.-- |
22 | (1) Packaged maple syrup shall be conspicuously labeled |
23 | as to grade at the time of packaging. |
24 | (2) Packaged maple syrup shall be labeled in accordance |
25 | with department requirements. |
26 | (3) Maple products labeled as "organic" shall comply |
27 | with organic food labeling laws. |
28 | (4) A product or package containing a product made by |
29 | combining maple sap, maple sugar or maple syrup with any |
30 | other sugar or other substance shall be clearly and |
|
1 | conspicuously marked as to indicate the accurate and |
2 | descriptive name of the added substance and the amount of |
3 | maple sugar, maple syrup or other substance contained in the |
4 | product. |
5 | (5) A product or package containing a product made by |
6 | using an artificial maple flavoring or artificial coloring |
7 | shall be clearly and conspicuously marked "artificially |
8 | flavored" or "artificially colored," as the case may be. |
9 | (f) Grade.--Unless otherwise established by regulations |
10 | promulgated by the department, the grades of maple syrup shall |
11 | be as follows: |
12 | (1) "Grade A Light Amber" shall have a color no darker |
13 | than the United States Department of Agriculture's visual |
14 | color standard of light amber and a delicately sweet, |
15 | original maple flavor characteristic of a light amber maple |
16 | syrup. Light amber maple syrup shall be free of sugar |
17 | crystals and shall not be damaged in any way. |
18 | (2) "Grade A Medium Amber" shall have a color no darker |
19 | than the United States Department of Agriculture's visual |
20 | color standard of medium amber and a flavor which is more |
21 | pronounced than that of light amber but which is not strong |
22 | or unpleasant and is characteristic of medium amber maple |
23 | syrup. Medium amber maple syrup shall be free of sugar |
24 | crystals and shall not be damaged in any way. |
25 | (3) "Grade A Dark Amber" shall have a color no darker |
26 | than the United States Department of Agriculture's visual |
27 | color standard of dark amber and a flavor which is stronger |
28 | than that of medium amber but which is not sharp, bitter, |
29 | buddy or off-flavor and is characteristic of dark amber. Dark |
30 | amber maple syrup shall be free of sugar crystals and shall |
|
1 | not be damaged in any way. |
2 | (4) "Grade B" shall have a color darker than the United |
3 | States Department of Agriculture's visual color standard of |
4 | dark amber which nonetheless permits light transmission |
5 | through standard comparator containers and a flavor which is |
6 | stronger than that of medium amber but which is not sharp, |
7 | bitter, buddy or off-flavor and is characteristic of dark |
8 | amber. Grade B maple syrup shall be free of sugar crystals |
9 | and shall not be damaged in any way. |
10 | (5) "Grade C" shall be any maple syrup which does not |
11 | meet the grade standards for Grade A light, medium or dark or |
12 | Grade B maple syrup. Grade C maple syrup shall not be |
13 | packaged for retail or wholesale sales except for sale |
14 | directly between the producer and the consumer. |
15 | (g) Hydrometers.--The department shall promulgate |
16 | regulations to establish standards for hydrometers used to |
17 | determine the density of maple sap or maple syrup. The |
18 | regulations shall include a procedure for certifying the |
19 | accuracy of hydrometers. |
20 | § 6108. Prohibited acts. |
21 | The following acts are prohibited: |
22 | (1) Manufacture, sale, delivery, consignment, bailment, |
23 | holding or offering for sale of any maple product that is |
24 | adulterated or misbranded, except where a person in good |
25 | faith delivers or offers to deliver the food and furnishes |
26 | shipping documents to the department. |
27 | (2) Knowing receipt or delivery or offer to receive or |
28 | deliver in commerce any maple product which is adulterated or |
29 | misbranded, for pay or otherwise. |
30 | (3) Sale, delivery for sale, holding for sale or |
|
1 | offering for sale any maple product in violation of the |
2 | provisions of this chapter. |
3 | (4) Refusal to permit entry to and inspection of a food |
4 | establishment during normal business hours. |
5 | (5) Refusal to permit the taking of samples or copying |
6 | of records related to the production, distribution or sale of |
7 | maple products. |
8 | (6) Removal or disposal of a detained or embargoed maple |
9 | product in violation of this chapter. |
10 | (7) Failure to acquire a license if required by this |
11 | chapter. |
12 | (8) Alteration, mutilation, destruction, obliteration or |
13 | removal, in whole or in part, of a maple product label while |
14 | the product is held for sale if, as a result, the maple |
15 | product is adulterated or misbranded. |
16 | (9) Forging, counterfeiting, simulating, falsely |
17 | representing or using without proper authority any mark, |
18 | stamp, tag, label or other identification device authorized |
19 | or required by this chapter or by regulations promulgated |
20 | pursuant to this chapter. |
21 | § 6109. Labeling of maple products. |
22 | Any syrup, confection or product containing maple syrup and |
23 | artificial ingredients shall have all artificial ingredients |
24 | clearly identified on the label. Any syrup, confection or |
25 | product not containing maple syrup or maple products shall not |
26 | be labeled as a maple syrup or maple product or maple. |
27 | § 6110. Detained food. |
28 | If the department has probable cause to believe that a maple |
29 | product is adulterated or misbranded, the maple product shall be |
30 | detained and subsequently disposed of in accordance with the act |
|
1 | of July 7, 1994 (P.L.421, No.70), known as the Food Act, and the |
2 | regulations promulgated under that act. |
3 | § 6111. Manufacturing and marketing practices. |
4 | (a) Water supply.--The water supply used in the processing |
5 | of maple products shall be potable, sufficient for the |
6 | operations intended and derived from an adequate source. Private |
7 | water supplies shall be tested annually no more than 30 days |
8 | before the start of any operations. |
9 | (b) Physical structure of facilities.--Floors, walls and |
10 | ceilings of food establishments in which maple products are |
11 | processed or packaged shall be in good repair and properly |
12 | cleaned. Drip and condensate from fixtures, ducts and pipes |
13 | shall not contaminate food, food contact surfaces or food |
14 | packaging materials. |
15 | (c) Lighting.--Adequate lighting shall be provided in food |
16 | establishments in which maple products are processed or |
17 | packaged. Food shall be protected against contamination in case |
18 | of glass breakage. |
19 | (d) Ventilation.--Adequate ventilation shall be provided in |
20 | food establishments in which maple products are processed or |
21 | packaged to minimize vapors, including steam, in areas where |
22 | they may contaminate food. Screens or other means shall be |
23 | provided where necessary to prevent pests from entering the |
24 | establishment. |
25 | (e) Pest control.--The use of insecticides, rodenticides and |
26 | other pest control measures shall be permitted in food |
27 | establishments in which maple products are processed or packaged |
28 | only under such precautions and restrictions as will prevent |
29 | contamination of food, food contact surfaces and food packaging |
30 | materials. |
|
1 | (f) Personal sanitation.--Proper sanitary practices shall be |
2 | followed in food establishments in which maple products are |
3 | processed or packaged. Toilet facilities shall be available. No |
4 | licensee, employee or other person shall use tobacco in the |
5 | establishment or while in contact with food or equipment. |
6 | Licensees, employees and other persons in such establishment |
7 | shall be free of communicable diseases and shall wear clean |
8 | outer garments which will not contribute to the contamination of |
9 | the maple product. |
10 | (g) Cleaning equipment.--An effective cleaning schedule |
11 | shall be maintained at all times for a food establishment in |
12 | which maple products are processed or packaged. All equipment |
13 | and utensils shall be maintained in good repair. At the end of |
14 | the season, equipment and lines shall be thoroughly cleaned with |
15 | an approved sanitizing agent. Filtering, bottling and canning |
16 | operations shall be performed according to established maple |
17 | industry standards. |
18 | (h) Storage.--Facilities for storage of maple products shall |
19 | be maintained in a clean and dry condition. All maple products |
20 | which are not bottled or canned shall be adequately protected |
21 | and covered to prevent contamination and adulteration. Products |
22 | shall be stored off the floor and away from walls. All packaged |
23 | products shall be stored in an acceptable sanitary manner. All |
24 | containers and equipment associated with the production of maple |
25 | products shall be maintained and stored in an acceptable |
26 | sanitary manner. |
27 | (i) Toxic items.--Toxic cleaning compounds, sanitizing |
28 | agents and pesticide chemicals used in or in conjunction with a |
29 | food establishment in which maple products are processed or |
30 | packaged shall be identified, held and stored in a manner that |
|
1 | protects against contamination of food, food contact surfaces or |
2 | food packaging materials. |
3 | (j) Containers.--In addition to any other information |
4 | required by the provisions of this chapter or by the regulations |
5 | promulgated pursuant to this chapter, the label on a container |
6 | of maple syrup shall convey information to the consumer to |
7 | adequately protect the maple syrup from deterioration, if any, |
8 | which could reasonably be expected to result from the container. |
9 | § 6112. Penalties. |
10 | (a) Criminal penalties.--A person who violates any provision |
11 | of this chapter or any rule, regulation, standard or order made |
12 | under this chapter commits a summary offense for the first or |
13 | second offense. A person who violates any provision of this |
14 | chapter or any rule, regulation, standard or order made under |
15 | this chapter commits a misdemeanor of the third degree if the |
16 | violation is a third or subsequent offense and if the violation |
17 | occurs within two years of the date of the last previous |
18 | offense. |
19 | (b) Civil penalties.--In addition to proceeding under any |
20 | other remedy available at law or in equity for a violation of |
21 | this chapter or a regulation promulgated under this chapter, the |
22 | secretary may assess a civil penalty not to exceed $10,000 upon |
23 | a person who knowingly and intentionally violates section 6104 |
24 | (relating to license), 6105 (relating to registration), 6107 |
25 | (relating to requirements and grades), 6108 (relating to |
26 | prohibited acts), 6109 (relating to labeling of maple products), |
27 | 6110 (relating to detained food) or 6111 (relating to |
28 | manufacturing and marketing practices) or any regulation or |
29 | order promulgated pursuant to those sections.] |
30 | Section 2. Sections 6502, 6503 and 6504 of Title 3 are |
|
1 | amended to read: |
2 | § 6502. Definitions. |
3 | The following words and phrases when used in this chapter |
4 | shall have the meanings given to them in this section unless the |
5 | context clearly indicates otherwise: |
6 | ["Advisory board" or "board." The Food Employee |
7 | Certification Advisory Board.] |
8 | "Certificate." A certificate of completion issued by a |
9 | certification program that has been evaluated and listed by an |
10 | accrediting agency that has been recognized by the Conference |
11 | for Food Protection Standards for Accreditation of Food |
12 | Protection Manager Certification Program. |
13 | "Conference for Food Protection." An independent, national |
14 | voluntary nonprofit organization to promote food safety and |
15 | consumer protection. Participants in this organization include |
16 | Federal, State and local regulatory agencies, universities, test |
17 | providers, certifying organizations, consumer groups, food |
18 | service and retail store trade associations and retail food |
19 | facility operators. The objectives of the organization include |
20 | identifying and addressing food safety problems and promoting |
21 | uniformity of regulations in food protection. |
22 | "Employee." As defined under section 5702 (relating to |
23 | definitions). |
24 | "Food establishment." [A room, building, place or portion |
25 | thereof or vehicle maintained, used or operated for the purpose |
26 | of selling to the public, commercially storing, packaging, |
27 | making, cooking, mixing, processing, bottling, baking, canning, |
28 | freezing, packing or otherwise preparing, transporting or |
29 | handling food. The term includes retail food stores and public |
30 | eating and drinking licensees, except those portions of |
|
1 | establishments operating exclusively under milk or milk products |
2 | permits and those portions of establishments operating |
3 | exclusively under USDA inspection. The term does not include |
4 | dining cars operated by a railroad company in interstate |
5 | commerce or a bed and breakfast, homestead or inn as defined in |
6 | the act of May 23, 1945 (P.L.926, No.369), referred to as the |
7 | Public Eating and Drinking Place Law.] As defined in section |
8 | 5722 (relating to definitions). |
9 | "Organized camp." As defined in section 5702 (relating to |
10 | definitions). |
11 | "Person in charge." As defined in section 5702 (relating to |
12 | definitions). |
13 | "Potentially hazardous food." As defined in section 5722 | <-- |
14 | 5702 (relating to definitions). [A food which consists in whole | <-- |
15 | or in part of milk or milk products, eggs, meats, poultry, fish, |
16 | shellfish, edible crustaceans or other ingredients, including |
17 | synthetic ingredients, and which is in a form capable of |
18 | supporting rapid and progressive growth of infectious or |
19 | toxicogenic microorganisms. The term does not include foods that |
20 | have a pH level of 4.6 or below or a water activity of 0.85 or |
21 | less under standard conditions or food products in hermetically |
22 | sealed containers processed to maintain commercial sterility.] |
23 | "Proprietor." As defined in section 5702 (relating to | <-- |
24 | definitions). |
25 | "Public eating [and] or drinking place." A public eating or |
26 | drinking place as defined in [the act of May 23, 1945 (P.L.926, |
27 | No.369), referred to as the Public Eating and Drinking Place |
28 | Law.] section 5702 (relating to definitions). |
29 | "Retail food establishment." As defined in section 5702 |
30 | (relating to definitions). |
|
1 | "Retail food facility." A public eating or drinking place or |
2 | a retail food establishment. |
3 | ["Supervisory employee." An owner or a person employed by or |
4 | designated by the business owner to fulfill the requirements of |
5 | this chapter.] |
6 | § 6503. Certification [advisory board and] programs. |
7 | (a) [Members of board.--The secretary shall appoint persons |
8 | to serve as members of the Food Employee Certification Advisory |
9 | Board. Representatives shall be selected to represent the |
10 | following groups for a term of two, three or four years to be |
11 | determined by the secretary: |
12 | (1) The chairman and minority chairman of the |
13 | Agricultural and Rural Affairs Committee of the Senate or |
14 | their designees and the chairman and minority chairman of the |
15 | Agricultural and Rural Affairs Committee of the House of |
16 | Representatives or their designees. |
17 | (2) A consumer representative. |
18 | (3) The Secretary of Agriculture or the secretary's |
19 | designee. |
20 | (4) Two representatives of production agriculture. |
21 | (5) Representatives, including at least one person |
22 | recommended by each of the following: Pennsylvania |
23 | Association of Milk Dealers, Pennsylvania Restaurant |
24 | Association, Pennsylvania Food Merchants Association, |
25 | Pennsylvania Convenience Store Council, Pennsylvania Bakers |
26 | Association, Pennsylvania Food Processors Association, |
27 | National Federation of Independent Businesses, Pennsylvania |
28 | Petroleum Marketers & Convenience Store Association, Local |
29 | 1776 UFCW, Pennsylvania Retailers Association, the Licensed |
30 | Beverage Association, Pennsylvania Tourism and Lodging |
|
1 | Association, Associated Petroleum Industries, Pennsylvania |
2 | Veterinary Medical Association, County Commissioners |
3 | Association of Pennsylvania, Pennsylvania League of Cities |
4 | and Municipalities, Pennsylvania State Association of |
5 | Boroughs, Pennsylvania State Association of Township |
6 | Commissioners, Pennsylvania State Association of Township |
7 | Supervisors and Pennsylvania School Food Service Association. |
8 | At least one representative shall have experience in the |
9 | field of public health.] (Reserved). |
10 | (b) [Chairman of board.--The secretary or the secretary's |
11 | designee shall serve as the chairman of the advisory board.] |
12 | (Reserved). |
13 | (c) Certification programs.--[The advisory board shall |
14 | review and recommend certification programs submitted by |
15 | individuals or organizations to ensure adequate training of |
16 | supervisory employees of food establishments.] The department |
17 | shall recognize certification programs including examinations |
18 | developed under those programs that are evaluated and listed by |
19 | an accrediting agency that has been recognized by the Conference |
20 | for Food Protection as conforming to the Conference for Food |
21 | Protection Standards for Accreditation of Food Protection |
22 | Manager Certification Program. |
23 | (c.1) [Other duties.--For the purpose of complying with the |
24 | requirements of section 6504(g)(1) (relating to certification of |
25 | employees), the secretary shall convene a meeting of the |
26 | advisory board no later than March 1, 2003.] (Reserved). |
27 | (d) Certification of [supervisory] employees.--[The |
28 | supervisory employees] An employee shall be certified [by the |
29 | department] following [the completion of training programs |
30 | recommended by the advisory board and approved by the |
|
1 | department. The department shall adopt food safety protection |
2 | and training standards for the certification of supervisory |
3 | employees who are responsible for the storage, preparation, |
4 | display or serving of foods to the public in establishments |
5 | regulated by the department or local health organizations. These |
6 | standards shall be adopted by the department to ensure that, |
7 | upon successfully passing a test, the supervisory employee has |
8 | demonstrated adequate food protection knowledge. These standards |
9 | shall also provide for a certification program which authorizes |
10 | private or public agencies to conduct and approve tests and |
11 | certify the results of these tests to the department. At least |
12 | one supervisory employee of a food establishment shall have |
13 | passed the test and received a certificate attesting thereto. |
14 | Employees shall have a period of 90 days after employment to |
15 | pass the required test.] demonstration of food safety protection |
16 | knowledge by the successful completion of an examination |
17 | conducted by or pursuant to an accredited certification program |
18 | recognized by the department under subsection (c). A retail food |
19 | facility shall have a period of three months after licensing |
20 | under Ch. 57 Subch. A (relating to retail food facility safety) |
21 | within which to comply with this chapter. |
22 | (e) Preemption.--Except as provided in subsection (f), the |
23 | regulation of food safety protection and training standards for |
24 | employees of [food establishments] retail food facilities is |
25 | preempted by the Commonwealth. |
26 | (f) Local programs.--Any food employee certification program |
27 | established by a county, city, borough, incorporated town or |
28 | township prior to September 1, 1994, may remain in effect. |
29 | § 6504. Certification of employees. |
30 | (a) General rule.--[Food establishments shall maintain | <-- |
|
1 | certification records on respective supervisory employees.] Each |
2 | [food establishment shall employ a person having supervisory |
3 | authority] retail food facility shall have a person in charge |
4 | who holds a valid [department food employee] certificate[.] |
5 | present at the retail food facility at all hours of operation. |
6 | (a.1) Exemption.--Notwithstanding the provisions of |
7 | subsection (a), the department shall, by regulation, exempt |
8 | categories of retail food facilities from the requirement that a |
9 | certified person in charge be present at all hours of operation. |
10 | The regulation shall consider risk-based factors identified in |
11 | the current edition of the Food Code, published by the United |
12 | States Department of Health, Food and Drug Administration, to |
13 | identify these categories of retail food facilities. |
14 | (a.2) Multiple retail food facilities.--When a proprietor, |
15 | as defined in section 5702 (relating to definitions), operates |
16 | more than one retail food facility at the same fair, festival or |
17 | similar temporary event, only one certified person in charge |
18 | need be present. |
19 | (a) General rule.--[Food establishments shall maintain | <-- |
20 | certification records on respective supervisory employees. Each |
21 | food establishment shall employ a person having supervisory |
22 | authority who holds a valid department food employee |
23 | certificate.] A retail food facility shall have at least one |
24 | supervisory employee who holds a valid certificate present at | <-- |
25 | the retail food facility or immediately accessible at all hours |
26 | of operation and who is the person in charge of the retail food |
27 | facility when physically present and on-duty. |
28 | (a.1) Multiple retail food facilities.-- |
29 | (1) Except as provided under paragraph (2), a person who |
30 | meets the requirements of subsection (a) may only be the |
|
1 | required certified supervisory employee for a single retail | <-- |
2 | food facility. |
3 | (2) If a proprietor operates more than one retail food |
4 | facility at a temporary fair, festival or other temporary |
5 | event, a person who meets the requirements of subsection (a) |
6 | may be the certified supervisory employee for all of those | <-- |
7 | temporary retail food establishments. |
8 | (a.2) Federal recommended standards.--Notwithstanding this |
9 | chapter, if, after the effective date of this subsection, the |
10 | Food Code published by the United States Department of Health, |
11 | Food and Drug Administration recommends that a person in charge |
12 | hold a certificate or recommends that a certificate holder with |
13 | supervisory authority be present during hours of operation at a |
14 | retail food facility, the department shall, by regulation, |
15 | establish this recommended standard as the standard for retail |
16 | food facilities. |
17 | (b) [Examination.--No certificate shall be issued unless the |
18 | applicant has successfully completed a training course and |
19 | passed an examination recommended by the advisory board and |
20 | approved by the department.] (Reserved). |
21 | (c) Compliance.-- |
22 | (1) (Reserved). |
23 | (2) A [food establishment] retail food facility exempt |
24 | under section 6510(d) (relating to exemptions) may |
25 | voluntarily seek certification under this section. |
26 | (3) Except as provided in section 6510, compliance with |
27 | this chapter by a [food establishment] retail food facility |
28 | shall be mandatory. [by July 1, 2004. Section 6503(e) |
29 | (relating to certification advisory board and programs) shall |
30 | not apply to any food establishment prior to July 1, 2004, |
|
1 | unless that food establishment complies with this chapter.] |
2 | (d) Employee turnover.--[Food establishments] Retail food |
3 | facilities which are not in compliance because of employee |
4 | turnover or other loss of certified [personnel] employees shall |
5 | have three months from the date of loss of certified [personnel] |
6 | employees to comply. |
7 | (e) Maintenance and inspection of records.--Names and |
8 | certificate numbers of certified [personnel] employees shall be |
9 | maintained at the place of business and shall be made available |
10 | [for inspection by the department.] to and shall be inspected |
11 | by: |
12 | (1) the department for retail food facilities that are |
13 | licensed under Subchapter A of Chapter 57 (relating to retail |
14 | food facility safety) by the department; or |
15 | (2) the licensor for retail food facilities that are |
16 | licensed under Subchapter A of Chapter 57 by a licensor that |
17 | is not the department. |
18 | (f) Period of certification.--Certification shall be in |
19 | effect for [five years.] the certification interval prescribed |
20 | by the accredited certification program described in section |
21 | 6503(c) (relating to certification programs). Renewal of |
22 | certification shall be based on the [completion of courses |
23 | recommended by the advisory board and approved by the |
24 | department. The courses shall not include a written |
25 | examination.] successful completion of the certification |
26 | requirements of an accredited certification program as described |
27 | in section 6503(c). |
28 | (g) [Training program.-- |
29 | (1) Training programs to prepare candidates for |
30 | certification examinations and the administration of the |
|
1 | examination shall be made available throughout this |
2 | Commonwealth through cooperation with industry and others and |
3 | approved by the department. In order to meet the requirements |
4 | of this paragraph, the department shall promulgate |
5 | regulations with the approval of the board no later than July |
6 | 1, 2004, which establish training programs providing for the |
7 | following considerations which include: |
8 | (i) The existence and operation of a department- |
9 | approved employee training program on safe food handling |
10 | conducted by the food establishment. |
11 | (ii) The limited handling of potentially hazardous |
12 | food. |
13 | (iii) The number of hours necessary to prepare |
14 | employees for safe food handling due to the food |
15 | establishment's scope of business. |
16 | (iv) The demonstration of satisfactory knowledge and |
17 | proficiency in the safe handling of food as approved by |
18 | the department. |
19 | (2) The department shall develop and administer a |
20 | training program for food establishments voluntarily seeking |
21 | certification under subsection (c)(2). The General Assembly |
22 | may appropriate funds to offset the cost of the program for |
23 | food establishments exempt under section 6510(d).] |
24 | (Reserved). |
25 | (h) [Mitigating factor.-- |
26 | (1) If a food establishment complies with this chapter, |
27 | the compliance shall be given appropriate consideration as a |
28 | mitigating factor in determining if a food establishment |
29 | shall be assessed more than the minimum fine or civil penalty |
30 | required by law in any action to recover fines or penalties |
|
1 | for a violation of the act of July 7, 1994 (P.L.421, No.70), |
2 | known as the Food Act. |
3 | (2) This subsection shall expire July 1, 2000.] |
4 | (Reserved). |
5 | Section 3. Sections 6506 and 6507 of Title 3 are repealed: |
6 | [§ 6506. Reciprocal agreements. |
7 | The department may accept certifications issued in other |
8 | states that have comparable requirements for certification |
9 | provided the department and the other state jurisdiction have |
10 | entered into a reciprocal agreement to accept each state's |
11 | certification program as meeting the provisions of this chapter. |
12 | § 6507. Suspension of certification. |
13 | Certification may be suspended or revoked by the department |
14 | if the holder or person fails to comply with this or other |
15 | sanitation regulations or the act of May 23, 1945 (P.L.926, No. |
16 | 369), referred to as the Public Eating and Drinking Place Law, |
17 | or the act of July 7, 1994 (P.L.421, No.70), known as the Food |
18 | Act. Prior to suspension or revocation, the certificate holder |
19 | shall be given the opportunity for a hearing before the |
20 | department.] |
21 | Section 4. Section 6508 of Title 3 is amended to read: |
22 | § 6508. Civil penalties. |
23 | [In] (a) Retail food facilities licensed by the |
24 | department.--For retail food facilities licensed under |
25 | Subchapter A of Chapter 57 (relating to retail food facility |
26 | safety) by the department, and in addition to proceeding under |
27 | any other remedy available at law or in equity for a violation |
28 | of a provision of this chapter or a rule or regulation adopted |
29 | thereunder or any order issued pursuant thereto, the department |
30 | may assess a civil penalty not to exceed $300 for the first |
|
1 | offense or not to exceed $1,000 for subsequent offenses upon a |
2 | person or [food establishment] retail food facility for each |
3 | offense. No civil penalty shall be assessed unless the person |
4 | charged has been given notice and opportunity for a hearing on |
5 | the charge in accordance with law. |
6 | (b) Retail food facilities licensed by other licensor.--For |
7 | retail food facilities licensed under Subchapter A of Chapter 57 |
8 | by a licensor that is not the department, penalties under this |
9 | chapter shall be established by the licensor. |
10 | Section 5. Section 6509 of Title 3 is repealed: |
11 | [§ 6509. Fees. |
12 | (a) Change by regulation.--All fees imposed by this chapter |
13 | shall remain in effect until changed by the department by |
14 | regulation subject to the act of June 25, 1982 (P.L.633, No. |
15 | 181), known as the Regulatory Review Act. The department shall |
16 | propose to change those fees by regulation following |
17 | consultation with the advisory board. |
18 | (b) Fee for certification.--The department shall issue or |
19 | approve the issuance of a certification document to the person |
20 | upon the successful completion of the approved training program. |
21 | A fee of $20 shall be charged by the department for this service |
22 | unless changed by regulation. |
23 | (c) Payments to municipalities.--Local health departments |
24 | created in accordance with the act of August 24, 1951 (P.L.1304, |
25 | No.315), known as the Local Health Administration Law, may |
26 | enforce the provisions of this chapter as it pertains to public |
27 | eating and drinking licensees. Each local health department |
28 | shall be reimbursed by the department in an amount equal to 50% |
29 | of the civil penalties levied and collected by the department |
30 | pursuant to this chapter in each such jurisdiction.] |
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1 | Section 6. Sections 6510 and 8101 of Title 3 are amended to |
2 | read: |
3 | § 6510. Exemptions. |
4 | (a) Prepackaged food.--[Food establishments] |
5 | (1) Retail food facilities where only commercially |
6 | prepackaged food is handled and sold are exempt from this |
7 | chapter. |
8 | (2) Retail food facilities that handle and sell food |
9 | other than commercially prepackaged food are exempt from this |
10 | chapter during time periods or work shifts when only |
11 | commercially prepackaged food is sold. |
12 | (b) Nonpotentially hazardous food.--[Food establishments] |
13 | (1) Retail food facilities that handle only |
14 | nonpotentially hazardous food are exempt from this chapter. |
15 | (2) Retail food facilities that handle and sell |
16 | potentially hazardous food are exempt from this chapter |
17 | during time periods or work shifts when only nonpotentially |
18 | hazardous food is handled and sold. |
19 | (c) Food [manufacturing facilities] establishments.--Food |
20 | [manufacturing facilities which are engaged in the manufacture |
21 | of prepackaged foods and which do not manufacture potentially |
22 | hazardous food] establishments are exempt from this chapter. |
23 | (d) Exempt [organizations] retail food facilities.--Except |
24 | as set forth in section 6504(c)(2) (relating to certification of |
25 | employees), the following [organizations] retail food facilities |
26 | are exempt from this chapter: |
27 | (1) A [food establishment] retail food facility managed |
28 | by an organization which is a tax-exempt organization under |
29 | section 501(c)(3) of the Internal Revenue Code of 1986 |
30 | (Public Law 99-514, 26 U.S.C. § 501(c)(3)). |
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1 | (2) A [food establishment] retail food facility managed |
2 | on a not-for-profit basis by an organization which is a |
3 | volunteer fire company or an ambulance, religious, |
4 | charitable, fraternal, veterans, civic, agricultural fair or |
5 | agricultural association or any separately chartered |
6 | auxiliary of any of the above associations. |
7 | (3) A [food establishment] retail food facility managed |
8 | by an organization which is established to promote and |
9 | encourage participation and support for extracurricular |
10 | recreational activities for youth of primary and secondary |
11 | public, private and parochial school systems on a not-for- |
12 | profit basis. This paragraph does not apply to organized |
13 | camps. |
14 | § 8101. [Farmers' market. |
15 | For the purpose of section 14(e) of the act of July 7, 1994 |
16 | (P.L.421, No.70), known as the Food Act, any building, structure |
17 | or place owned, leased or otherwise in possession of a person or |
18 | municipal corporation or public or private organization, used or |
19 | intended to be used by two or more farmers or an association of |
20 | farmers for the purpose of selling food directly to consumers |
21 | shall be deemed to be a single food establishment.] (Reserved). |
22 | Section 7. Except to the extent they are inconsistent with |
23 | any provision of this act, the rules, regulations and standards |
24 | adopted by the department prior to the effective date of this |
25 | act under authority of the statutes repealed in section 4 of |
26 | this act, shall continue in effect unless subsequently modified |
27 | or superseded by regulations promulgated by the Secretary of |
28 | Agriculture of the Commonwealth. |
29 | Section 8. Repeals are as follows: |
30 | (1) The General Assembly declares as follows: |
|
1 | (i) The repeal under paragraph (2)(i) is necessary |
2 | because the fees described in that provision are supplied |
3 | by 3 Pa.C.S. Ch. 57 Subch. A. |
4 | (ii) The repeal under paragraph (2)(ii) is necessary |
5 | because the material is supplied by 3 Pa.C.S. Ch. 57 |
6 | Subch. A. |
7 | (iii) The repeal under paragraph (2)(iii) is |
8 | necessary because the material is supplied by 3 Pa.C.S. |
9 | Ch. 57 Subch. B. |
10 | (2) Repeals are as follows: |
11 | (i) Section 602-A(16) of the act of April 9, 1929 |
12 | (P.L.177, No.175), known as The Administrative Code of |
13 | 1929, is repealed. |
14 | (ii) The act of May 23, 1945 (P.L.926, No.369), |
15 | referred to as the Public Eating and Drinking Place Law, |
16 | is repealed. |
17 | (iii) The act of July 7, 1994 (P.L.421, No.70), |
18 | known as the Food Act, is repealed. |
19 | Section 9. This act shall take effect as follows: | <-- |
20 | (1) The amendment of 3 Pa.C.S. § 6504(a) shall take |
21 | effect on the effective date of the regulations promulgated |
22 | under 3 Pa.C.S. § 6504(a.1), or two years from the effective |
23 | date of this section, whichever occurs first. |
24 | (2) The remainder of this act shall take effect in 60 |
25 | days. |
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