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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. O'BRIEN, BISHOP, BRENNAN, CARROLL, FRANKEL, GRUCELA, HARKINS, MELIO, M. O'BRIEN, READSHAW AND SIPTROTH, JANUARY 26, 2009 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, JANUARY 26, 2009 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, further providing for certification of employees. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 6504(g) and (h) of Title 3 of the |
6 | Pennsylvania Consolidated Statutes are amended and the section |
7 | is amended by adding a subsection to read: |
8 | § 6504. Certification of employees. |
9 | * * * |
10 | (g) Training program.-- |
11 | (1) Training programs to prepare candidates for |
12 | certification examinations and the administration of the |
13 | examination shall be made available throughout this |
14 | Commonwealth through cooperation with industry and others and |
15 | approved by the department. In order to meet the requirements |
16 | of this paragraph, the department shall promulgate |
17 | regulations with the approval of the board no later than July |
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1 | 1, 2004, which establish training programs providing for the |
2 | following considerations which include: |
3 | (i) The existence and operation of a department- |
4 | approved employee training program on safe food handling |
5 | conducted by the food establishment. |
6 | (ii) The limited handling of potentially hazardous |
7 | food. |
8 | (iii) The number of hours necessary to prepare |
9 | employees for safe food handling due to the food |
10 | establishment's scope of business. |
11 | (iv) The demonstration of satisfactory knowledge and |
12 | proficiency in the safe handling of food as approved by |
13 | the department. |
14 | (2) The department shall develop and administer a |
15 | training program for food establishments voluntarily seeking |
16 | certification under subsection (c)(2). The General Assembly |
17 | may appropriate funds to offset the cost of the program for |
18 | food establishments exempt under section 6510(d). |
19 | (3) On or before December 31, 2010, all training |
20 | programs to prepare candidates for certification examinations |
21 | shall include training concerning food allergies, including |
22 | the nature of food allergies, how to avoid cross- |
23 | contamination during food preparation and how to respond to |
24 | customer inquiries relating to food allergies. In addition, |
25 | courses for renewal of certification offered after December |
26 | 31, 2010, and prior to December 31, 2015, shall include |
27 | training on food allergies. The food allergy training |
28 | required by this paragraph may be fulfilled by showing, as |
29 | part of an otherwise approved training program, a video |
30 | concerning food allergies and the distribution and review of |
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1 | approved written materials. The board shall recommend, and |
2 | the department shall approve, videos and written materials |
3 | for use by approved training programs to satisfy the food |
4 | allergy training requirement imposed by this paragraph. The |
5 | department shall also require that certification examinations |
6 | include questions concerning food allergies as they relate to |
7 | food preparation. This paragraph does not establish or change |
8 | any private cause of action. This section does not change any |
9 | duty under any other statute or the common law, except as |
10 | this section expressly provides. |
11 | [(h) Mitigating factor.-- |
12 | (1) If a food establishment complies with this chapter, |
13 | the compliance shall be given appropriate consideration as a |
14 | mitigating factor in determining if a food establishment |
15 | shall be assessed more than the minimum fine or civil penalty |
16 | required by law in any action to recover fines or penalties |
17 | for a violation of the act of July 7, 1994 (P.L.421, No.70), |
18 | known as the Food Act. |
19 | (2) This subsection shall expire July 1, 2000.] |
20 | (i) Required reports.--No earlier than July 1, 2012, and no |
21 | later than December 31, 2017, the department, in consultation |
22 | with the board, one or more Statewide associations representing |
23 | food establishments doing business in this Commonwealth and the |
24 | Department of Health, shall submit a report to the chairman and |
25 | minority chairman of the Agriculture and Rural Affairs Committee |
26 | of the Senate and the chairman and minority chairman of the |
27 | Agriculture and Rural Affairs Committee of the House of |
28 | Representatives and the Chief Clerk of the Senate and the Chief |
29 | Clerk of the House of Representatives, which report shall |
30 | include analysis of the impact of this chapter. The report shall |
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1 | include, but not be limited to, compliance of food |
2 | establishments with this chapter and propose changes to the |
3 | chapter consistent with the public health and welfare. |
4 | Section 2. This act shall take effect in 60 days. |
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