act-1994-0-70•Pennsylvania Act 1994-70 — FOOD ACT
Act text
FOOD ACT
Act of Jul. 7, 1994, P.L. 421, No. 70 Cl. 31
AN ACT
Providing for protection of public health and prevention of
fraud and deception by prohibiting the manufacture or sale
of, the offering for sale or exposing for sale of or the
having in possession with intent to sell adulterated,
misbranded or deleterious foods; and making repeals.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Prohibited acts.
Section 4. Temporary or permanent injunctions.
Section 5. Penalties.
Section 6. Detention and condemnation.
Section 7. Temporary permits.
Section 8. Adulteration of food.
Section 9. Misbranding of food.
Section 10. Regulations to exempt certain labeling
requirements.
Section 11. Poisonous or deleterious substances and tolerances.
Section 12. Inspection, sampling and analysis.
Section 13. Rules and regulations.
Section 14. Registration of food establishments.
Section 15. Product registration.
Section 16. Construction of act.
Section 17. Acts not affected.
Section 18. Severability.
Section 19. Repeals.
Section 20. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Food Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Color additive." A material which is a dye, pigment or
other substance made by a process of synthesis or similar
artifice or extracted, isolated or otherwise derived, with or
without intermediate or final change of identity, from a
vegetable, animal, mineral or other source and when added or
applied to a food is capable, alone or through reaction with
other substances, of imparting color thereto. The term includes
black, white and intermediate grays. The term does not include
any material which the Secretary of Agriculture, by regulation,
determines is used or intended to be used solely for a purpose
or purposes other than coloring. This term shall not include any
pesticide chemical, soil or plant nutrient or other agricultural
chemical solely because of its effect in aiding, retarding or
otherwise affecting, directly or indirectly, the growth or other
natural physiological process of produce of the soil and thereby
affecting its color, whether before or after harvest.
"Department." The Department of Agriculture of the
Commonwealth.
"Federal acts." The Wholesome Meat Act (Public Law 90-201,
21 U.S.C. § 601 et seq.), the Federal Food, Drug, and Cosmetic
Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), the Poultry
Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et
seq.), the Fair Packaging and Labeling Act (Public Law 89-755,
15 U.S.C. § 1451 et seq.), the Federal Insecticide, Fungicide,
and Rodenticide Act (61 Stat. 163, 7 U.S.C. § 136 et seq.) and
the Nutritional Labeling and Education Act of 1990 (Public Law
101-535, 104 Stat. 2353).
"Food." An article used for food or drink by humans,
including chewing gum and articles used for components of any
article. The term does not include medicines and drugs.
"Food additive." A substance, the intended use of which
results or may reasonably be expected to result, directly or
indirectly, in its becoming a component or otherwise affecting
the characteristics of any food if the substance is not
generally recognized among experts qualified by scientific
training and experience to evaluate its safety, as having been
adequately shown through scientific procedures or, in the case
of a substance used in food prior to January 1, 1958, through
either scientific procedures or experience based on common use
in food to be safe under the conditions of its intended use. The
term does not include the following:
(1) A pesticide chemical in or on a raw agricultural
commodity.
(2) A pesticide chemical to the extent that it is
intended for use or is used in the production, storage or
transportation of any raw agricultural commodity.
(3) A color additive.
(4) Any substance used in accordance with a sanction or
approval granted prior to the enactment of this paragraph
pursuant to a statute repealed by this act, pursuant to the
Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C.
§ 451 et seq.) or pursuant to the Wholesome Meat Inspection
Act (Public Law 90-201, 21 U.S.C. § 601 et seq.).
(5) A new animal drug.
As used in this definition, the term "substance" includes any
substance intended for use in producing, manufacturing,
packaging, processing, preparing, treating, transporting or
holding food and any source of radiation intended for any use.
"Food establishment." A retail food store and a room,
building or place or portion thereof or vehicle maintained, used
or operated for the purpose of commercially storing, packaging,
making, cooking, mixing, processing, bottling, baking, canning,
freezing, packing or otherwise preparing or transporting or
handling food. The term includes those portions of public eating
and drinking licensees which offer food for sale for off-
premises consumption, except those portions of establishments
operating exclusively under milk or milk products permits.
"Imitation food." A food that is a substitute for and
resembles another food but is nutritionally inferior to that
food.
"Label." A display of written, printed or graphic matter
upon the immediate container of any food. The term "immediate
container" does not include package liners.
"Labeling." All labels and other written, printed or graphic
matter upon a food or any of its containers or wrappings.
"Package." Any container or wrapping in which food is
enclosed for delivery or display to retail purchasers. The term
does not include the following:
(1) Shipping containers or wrappings for the
transportation of food in bulk or quantity to manufacturers,
packers or processors or to wholesale or retail distributors.
(2) Shipping containers or wrappings used by retailers
to ship or deliver food to retail customers, if the
containers or wrappings bear no printed matter pertaining to
food.
(3) Containers used for tray pack displays in retail
establishments.
(4) Transparent containers or wrappings which do not
bear written, printed or graphic matter which obscures
information required to be displayed on the label.
"Pesticide chemical." A substance used in the production,
storage or transportation of raw agricultural commodities which,
alone or in chemical combination or formulation with one or more
other substances, is a pesticide within the meaning of the act
of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania
Pesticide Control Act of 1973.
"Potentially hazardous food." A food which consists in whole
or in part of milk or milk products, eggs, meat, poultry, fish,
shellfish, edible crustacea or other ingredients, including
synthetic ingredients, and which is in a form capable of
supporting rapid and progressive growth of infectious or
toxicogenic microorganisms. The term does not include foods that
have a pH level of 4.6 or below or a water activity of 0.85 or
less under standard conditions or food products in hermetically
sealed containers processed to maintain commercial sterility.
"Principal display panel." A part of a label that is most
likely to be displayed, presented, shown or examined under
normal and customary conditions of display for retail sale and
is large enough to accommodate all the mandatory information
required to be placed thereon.
"Raw agricultural commodity." A food in its raw or natural
state, including all fruits which are washed, colored or
otherwise treated in their unpeeled, natural form prior to
marketing.
"Retail food store." Any establishment or section of an
establishment where food and food products are offered to the
consumer and intended for off-premises consumption.
"Secretary." The Secretary of Agriculture of the
Commonwealth or an authorized representative, employee or agent
of the Department of Agriculture.
Section 3. Prohibited acts.
The following acts are prohibited:
(1) Manufacture, sale, delivery, consignment, bailment,
holding or offering for sale of any food that is adulterated
or misbranded, except where a person in good faith delivers
or offers to deliver the food and furnishes shipping
documents to the secretary.
(2) Adulteration or misbranding of any food.
(3) Knowingly receiving in commerce any food which is
adulterated or misbranded and the delivery or proffered
delivery thereof for pay or otherwise.
(4) Sale, delivery for sale, holding for sale or
offering for sale any article in violation of section 11.
(5) Refusal to permit during normal business hours entry
to, inspection of or taking of a sample or access to or
copying of any record at a food establishment as authorized
under section 12(a)(2) and (3).
(6) Removal or disposal of a detained or embargoed food
article in violation of section 6.
(7) Alteration, mutilation, destruction, obliteration or
removal of the whole or any part of the labeling of a food or
the doing of any other act with respect to a food, if the act
is done while the food is held for sale and results in the
food being adulterated or misbranded.
(8) Forging, counterfeiting, simulating, falsely
representing or using without proper authority any mark,
stamp, tag, label or other identification device authorized
or required by regulation promulgated under the provisions of
this act.
(9) Use by any person to his own advantage or revealing,
other than to the secretary or the courts when relevant in
any judicial proceeding under this act, of any information
acquired under authority of this act concerning any method or
process which, as a trade secret or confidential trade
information, is entitled to protection.
(10) Holding of any potentially hazardous food at unsafe
temperatures in violation of an applicable regulation issued
under this act.
(11) Failure to register with the department under the
provisions of section 14.
(12) Use of wording which incorrectly indicates or
implies that a label or product has received approval of the
department. A food establishment may not claim registration
either upon its label or package or otherwise, except as
provided in section 15.
(13) Sale of confectionery containing alcohol at a level
above one-half of one percent by volume.
(14) Failure by a carrier to make records showing the
movement in commerce of any food or the holding thereof
during or after the movement and the quantity, shipper and
consignee thereof available for one year after the initial
date of movement of the food in commerce.
Section 4. Temporary or permanent injunctions.
In addition to any other remedies provided in this act, the
secretary may apply to the Commonwealth Court or to any other
court having jurisdiction for a temporary or permanent
injunction restraining a person from violating any provisions of
this act or any regulation adopted under this act, regardless of
whether there exists an adequate remedy at law.
Section 5. Penalties.
(a) Criminal penalties.--A person who violates any provision
of this act or any rule, regulation, standard or order made
under this act commits a summary offense for the first or second
offense. A person who violates any provision of this act or any
rule, regulation, standard or order made under this act commits
a misdemeanor of the third degree if the violation is a third or
subsequent offense and if the violation occurs within two years
of the date of the last previous offense.
(b) Civil penalties.--In addition to proceeding under any
other remedy available at law or in equity for a violation of a
provision of this act or a rule or regulation adopted or any
order issued under this act, the secretary may assess a civil
penalty not to exceed $10,000 upon an individual or business for
each offense. No civil penalty shall be assessed unless the
person charged has been given notice and opportunity for a
hearing in accordance with law. In determining the amount of the
penalty, the secretary shall consider the gravity of the
violation. Whenever the secretary finds a violation which did
not cause harm to human health, the secretary may issue a
warning in lieu of assessing a penalty. In case of inability to
collect the civil penalty or failure of any person to pay all or
any portion of the penalty as the secretary may determine, the
secretary may refer the matter to the Attorney General, who
shall recover the amount by action in the appropriate court.
(c) Guaranty.--
(1) No prosecution shall be sustained under the
provisions of this act for the manufacture, delivery,
consignment, bailment, holding or sale of or offering for
sale, exposing for sale or having in possession with intent
to sell any adulterated or misbranded article against a
person from whom the article of food, sample or portion was
obtained by the department, if the person can establish a
guaranty to the effect that the article of food is not
adulterated or misbranded within the meaning of this act, was
adulterated or misbranded prior to coming into the possession
of the person and the person did not know or have reason to
know of the adulteration or misbranding or was adulterated or
misbranded after it left the possession and control of the
person. The guaranty must be signed by the supplier,
manufacturer, wholesale dealer, jobber or distributor from
whom the articles of food were purchased or procured.
(2) The guaranty to afford protection shall contain the
name and address of the supplier, manufacturer, wholesale
dealer, jobber or distributor making the sale of the article
of food to the person holding the guaranty. A supplier,
manufacturer, wholesale dealer, jobber or distributor giving
a guaranty under the provisions of this act may be held
responsible and may be proceeded against for the adulteration
or misbranding of any article of food sold under the guaranty
and shall be subject to the penalties provided for violation
of the provisions of this act. A guaranty shall not operate
as a defense to prosecution for a violation of the provisions
of this act if the person holding the guaranty continues to
sell the same food after written or printed notice from the
secretary that the article is adulterated or misbranded
within the meaning of this act. However, if the person
violated the provisions of this act by having stored,
transported, exposed or kept the article in a way or manner
to render it diseased, contaminated or unwholesome, the
person may be proceeded against for a violation.
(d) Minor violations.--Nothing in this act shall be
construed as requiring prosecution or institution of a
proceeding under this act for minor violations of this act if
the secretary believes that the public interest will be
adequately served in the circumstances by a suitable written
notice or warning.
Section 6. Detention and condemnation.
(a) Marking detained food.--Whenever the secretary has
probable cause to believe that food is adulterated or
misbranded, he shall affix to the container or wrapping a tag or
other marking. The tag or marking shall give notice that:
(1) The food may be adulterated or misbranded and shall
be detained.
(2) It is unlawful to remove the food from the food
establishment or to dispose of it without approval of the
secretary.
(b) Determination and appeal.--The secretary shall determine
whether a food detained under this act may be sold, delivered,
consigned, held or offered for sale as is or whether it shall be
relabeled, reprocessed or destroyed within 40 days of issuance
of the detention order. Any determination by the secretary that
the food shall be relabeled, reprocessed or destroyed shall be
subject, within 30 days of the determination, to appeal by the
owner or operator of the food establishment or the manufacturer
or owner of the food to the court of common pleas of the county
in which the food was located. The detention order shall expire
after five working days from the issuance of the order, unless
the secretary confirms the order. The order shall clearly and
concisely state the facts on which it is based.
(c) Relabeling.--If the secretary determines that the
adulteration or misbranding can be corrected by a proper label
or reprocessing and the determination is not appealed within the
time permitted, the secretary may direct that the food be
released to the claimant to label or process under the
supervision of the secretary. The relabeled or reprocessed food
shall not be released into the market until the secretary has
executed an order indicating that the food is no longer in
violation of this act.
(d) Order for destruction.--Food detained under this act
shall be destroyed by the owner under the supervision of the
secretary, if the secretary determines that the food is unfit
for human consumption and the food cannot be reconditioned so as
to be made fit for human consumption and the determination is
not appealed within the time permitted. Food detained under this
act may be used as animal feed or for other beneficial use,
provided that such use is in compliance with other applicable
statutes, rules, regulations, standards and orders. The owner
shall pay all costs of destruction.
Section 7. Temporary permits.
Temporary permits granted by Federal agencies for interstate
shipment of experimental packs of food varying from the
requirements of definitions and standards of identity in Federal
acts shall be effective in this Commonwealth under the
conditions provided in the permits unless disapproved by the
secretary. The secretary may issue intrastate permits where they
are necessary to the completion of an investigation and where
the interests of consumers are safeguarded for foods not
complying with definitions, standards of identity and State laws
and regulations. The permits shall be for a period not to exceed
one year, although the permit may be extended for a period of up
to one additional year if a new standard of identity has been
applied for under section 13. The secretary may revoke a permit
after notice to the affected party if the application contains
misleading statements or if the secretary determines that unfair
competitive advantage is gained through the issuance of the
permit or that the need no longer exists for the permit.
Section 8. Adulteration of food.
A food shall be deemed adulterated:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health. However,
if the substance is not an added substance, the food shall
not be considered adulterated under this section if the
quantity of the substance in the food does not ordinarily
render it injurious to health.
(2) If it bears or contains any added poisonous or added
deleterious substance which is unsafe within the meaning of
section 11. This paragraph does not apply to a pesticide
chemical in or on a raw agricultural commodity, a food
additive or a color additive.
(3) If it is a raw agricultural commodity and bears or
contains a pesticide chemical which is unsafe within the
meaning of section 11, except that, where a pesticide
chemical has been used in or on a raw agricultural commodity
with an exemption granted or tolerance prescribed under
section 11 or under any of the Federal acts and the raw
agricultural commodity has been subjected to processing such
as canning, cooking, freezing, dehydrating or milling, the
residue of the pesticide remaining in or on the processed
food shall, notwithstanding the provisions of section 11 and
this paragraph, not be deemed unsafe if the residue in or on
the raw agricultural commodity has been removed to the extent
possible in good manufacturing practice and the concentration
of the residue in the processed food when ready to eat is not
greater than the tolerance prescribed for the raw
agricultural commodity.
(4) If it bears or contains any food additive which is
unsafe within the meaning of section 11 or under any of the
Federal acts.
(5) If it consists in whole or in part of any diseased,
contaminated, filthy, putrid or decomposed substance or is
otherwise unfit for food.
(6) If it has been produced, prepared, packed or held
under unsanitary conditions so that it may have become
contaminated with filth or may have been rendered diseased,
unwholesome or injurious to health.
(7) If it is, in whole or in part, the product of a
diseased animal or of an animal which has died otherwise than
by slaughter.
(8) If its container is composed, in whole or in part,
of any poisonous or deleterious substance which may render
the contents injurious to health, unless the container is
fabricated or manufactured with good manufacturing practice
as that standard is defined and delineated by any of the
Federal acts and their regulations.
(9) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or exemption in effect under section 11 or under
one of the Federal acts.
(10) If:
(i) any valuable constituent has been, in whole or
in part, omitted or abstracted therefrom;
(ii) any substance has been substituted wholly or in
part;
(iii) damage or inferiority has been concealed in
any manner; or
(iv) any substance has been added thereto or mixed
or packed so as to increase its bulk or weight or reduce
its quality or strength or make it appear better or of
greater value than it is.
(11) If it bears or contains any color additive which is
unsafe within the meaning of section 11 or under one of the
Federal acts.
(12) If it bears or contains eggs processed by or egg
products derived from a manufacturing, processing or
preparing method wherein whole eggs are broken using a
centrifuge-type egg breaking machine that separates the egg's
liquid interior from the shell.
(8 amended May 22, 1996, P.L.298, No.45)
Section 9. Misbranding of food.
(a) General rule.--A food shall be misbranded:
(1) If its labeling is false or misleading in any way.
(2) If it is offered for sale under the name of another
food.
(3) If it is an imitation of another food, unless its
label bears, in type of uniform size and prominence, the word
"imitation" and, immediately thereafter, the name of the food
that is simulated.
(4) If its container is so made, formed or filled as to
be misleading.
(5) If it is in a package that does not bear a label
containing:
(i) The name and place of business of the
manufacturer, packer or distributor.
(ii) An accurate statement of the quantity of the
contents in terms of weight, measure or numerical count.
Reasonable variations are permitted and exemptions as to
small packages shall be established in regulations
promulgated by the secretary.
(6) If it is represented as a food for which a
definition and standard of identity has been prescribed by
regulation under this act or under any of the Federal acts,
unless it conforms to the definition and standard and its
label bears the name of the food specified in the definition
and standard and the common names of optional ingredients,
other than spices, flavoring and coloring, present in the
food.
(7) Unless its label bears the following:
(i) The common or usual name of the food, if any.
(ii) If made from two or more ingredients, the
common or usual name of each ingredient is listed in
descending order of predominance by weight, except that
spices, flavorings and colorings not required to be
certified under any of the Federal acts, other than those
sold as such, may be designated as spices, flavorings and
colorings without naming each.
(8) If it is represented for special dietary uses,
unless its label bears such information concerning its
vitamin, mineral and other dietary properties as determined
by regulation to be necessary and in order to inform
purchasers as to its value for such use.
(9) If it bears or contains any artificial flavoring,
artificial coloring or chemical preservative, unless it bears
labeling stating that fact. Exemptions shall be established
by regulations to the extent that compliance with
requirements of this paragraph is impracticable. The
provisions of this paragraph or paragraphs (6) and (7) with
respect to artificial coloring shall not apply in the case of
butter, cheese or ice cream. The provisions of this paragraph
with respect to chemical preservatives shall not apply to a
pesticide chemical when used in or on a raw agricultural
commodity which is the produce of the soil.
(10) If it is a raw agricultural commodity bearing or
containing a pesticide chemical applied after harvest, unless
the shipping container of the commodity bears labeling which
declares the presence of the chemical and the common or usual
name and function of the chemical. A declaration shall not be
required when the commodity is removed from the shipping
container and is held or displayed for sale at retail in
accordance with the custom of the trade.
(11) If it is a color additive, unless its packaging and
labeling are in conformity with the packaging and labeling
requirements applicable to color additives in department
regulations.
(12) If, at the site of purchase of the particular food,
a sign, placard or other graphic matter relating to the food
is false or misleading in any particular.
(b) Exceptions.--The provisions of subsection (a)(1) through
(11) shall not apply to the following:
(1) Bakery goods sold at retail by the bakery directly
to the consumer in a store or market stand operated by the
bakery. The bakery goods must be made by the bakery, the
bakery must guarantee that they are in compliance with this
act in all other respects and the required information in
subsection (a)(1) through (9) must be available to the public
at the point of sale.
(2) Bakery goods sold to the operators of public eating
places, when the required information in subsection (a)(1)
through (11) is available to the public on the premises of
the public eating place.
(c) Nonpackaged food.--Food offered for retail sale in other
than package form shall be accompanied by a sign, placard or
notice listing the ingredients in descending order of
predominance by weight.
Section 10. Regulations to exempt certain labeling
requirements.
The secretary shall promulgate regulations exempting from any
labeling requirement food which is, in accordance with the
practice of the trade, to be processed, labeled or repacked in
substantial quantities at establishments other than those where
originally processed or packed if the food is not adulterated or
misbranded under the provisions of this act upon removal from
the processing, labeling or repacking establishments.
Section 11. Poisonous or deleterious substances and tolerances.
(a) Additions to food.--A poisonous or deleterious substance
added to a food, except where the substance is required in its
production or cannot be avoided by good manufacturing practice,
shall be deemed to be unsafe unless added in compliance with the
Federal acts.
(b) Pesticide chemicals in or on raw agricultural
commodities.--A poisonous or deleterious pesticide chemical, or
any chemical which is not generally recognized among experts
qualified by scientific training and experience to evaluate the
safety of pesticide chemicals as safe for use, added to a raw
agricultural commodity shall be deemed unsafe unless added in
compliance with the Federal acts.
(c) Unsafe food additives.--A food additive shall, with
respect to any particular use or intended use, be deemed to be
unsafe for the purposes of the application of section 8(4)
unless it and its intended use conform to the terms of an
exemption which is in effect under this section or unless there
is in effect, and it and its intended use are in conformity
with, a regulation issued under this section prescribing the
conditions under which the additive may be safely used. A food
which is in compliance with a regulation relating to a food
additive shall not, by reason of bearing or containing an
additive in accordance with the regulations, be considered
adulterated within the meaning of section 8(4).
Section 12. Inspection, sampling and analysis.
(a) Inspection.--For purposes of enforcement of this act,
the secretary is authorized, upon presenting appropriate
credentials to the owner, operator or agent in charge:
(1) To enter at reasonable times any factory, warehouse
or food establishment in which food is or was manufactured,
processed, packed or held for introduction into commerce or
to enter any vehicle used to transport or hold the food in
commerce.
(2) To inspect at reasonable times, within reasonable
limits and in a reasonable manner the factory, warehouse,
food establishment or vehicle and all pertinent materials,
containers and labeling and to obtain samples necessary to
administer this act.
(3) To have access to and to copy all records of
carriers showing the movement in commerce of any food or the
holding thereof during or after the movement, and the
quantity, shipper and consignee thereof if the secretary has
probable cause to believe that the movement or holding of
food is in violation of this act or department regulations.
(b) Report of inspection.--Upon completion of an inspection
of a factory, warehouse or other food establishment and prior to
leaving the premises, the secretary shall give to the owner,
operator or agent in charge a written report of the findings of
the inspection.
(c) Collection of samples.--During an inspection of a
factory or other food establishment where food is manufactured,
processed, packed, stored or offered for sale, the secretary may
obtain a sample of any food for such analysis as is necessary to
determine compliance with this act.
(d) Receipt for samples.--If the secretary has obtained any
sample in the course of the inspection, the secretary shall,
upon completion of the inspection and prior to leaving the
premises, give to the owner, operator or agent in charge a
receipt describing the sample obtained.
(e) Payment for samples.--The food establishment from which
samples are collected may bill the secretary for the fair market
value of the samples.
Section 13. Rules and regulations.
(a) Nature of rules.--The secretary shall be charged with
the enforcement of this act and shall promulgate rules,
regulations and food standards necessary for its proper
enforcement. The rules, regulations and food standards shall
conform and shall be construed to conform with the purposes
expressed in section 16. Except to the extent that they are
inconsistent with the regulations adopted by subsection (f), the
rules, regulations and food standards in effect on the day prior
to the effective date of this act shall continue in effect
unless subsequently modified by regulations promulgated by the
secretary.
(b) Local inspection.--The secretary shall enter into
agreements with any county, city, borough, incorporated town or
township of this Commonwealth for the enforcement of this act
and the rules, regulations and food standards promulgated under
this act in food establishments, provided that such county,
city, borough, incorporated town or township satisfies the
minimum standards established by the secretary and the minimum
standards required to be eligible for State grants pursuant to
the act of August 24, 1951 (P.L.1304, No.315), known as the
Local Health Administration Law. Nothing herein shall prohibit
any county, city, borough, incorporated town or township which
was licensing food establishments in accordance with the Local
Health Administration Law on the day prior to the effective date
of this act from continuing to license such food establishments
in accordance with that act. No county, city, borough,
incorporated town or township shall ordain or enforce
requirements of any kind or description related to sanitation,
food safety, inspections, standards and labeling other than
those promulgated by the secretary in accordance with this act
or adopted in accordance with subsection (f), except that, prior
to promulgation of regulations applicable to retail food stores,
any such county, city, borough, incorporated town or township
may utilize the Model Retail Food Store Sanitation Code as the
basis for enforcement.
(c) Reciprocal inspection.--The secretary is authorized to
enter into reciprocal agreements with other jurisdictions to
insure inhabitants of this Commonwealth that food sold in this
Commonwealth complies with the provisions of this act and its
regulations. The agreements may be for reciprocal inspection and
labeling review. The secretary may approve or accept inspection
and labeling requirements of other jurisdictions with respect to
food.
(d) Uniform regulation.--In reaching agreements with
counties, cities, boroughs, incorporated towns or townships and
reciprocal agreements with other jurisdictions, the provisions
of this act and its regulations shall be considered as
establishing uniform requirements and regulations for food
establishments throughout this Commonwealth as defined in
section 2.
(e) Interagency agreements.--Nothing herein shall prohibit a
Commonwealth agency, which was regulating and inspecting food
establishments in accordance with the act of May 23, 1945
(P.L.926, No.369), referred to as the Public Eating and Drinking
Place Law, on the day prior to the effective date of this act
from continuing to regulate and inspect such food establishments
in accordance with the Public Eating and Drinking Place Law.
(f) Adoption of Federal regulations.--All regulations and
supplements thereto or revisions thereof adopted under the
Federal acts which relate to food on, before or after the
effective date of this act are hereby adopted as regulations in
this Commonwealth and shall remain in effect unless subsequently
modified by regulations promulgated by the secretary. In
promulgating regulations, the department shall be guided by the
Model Retail Food Store Sanitation Code, published by the
Association for Food and Drug Officials.
(g) Definition.--As used in this section, the phrase "other
jurisdictions" shall mean the United States of America or any
state, territory or possession thereof or any other country.
Section 14. Registration of food establishments.
(a) General rule.--Subject to the rules and regulations
adopted by the secretary, it shall be the duty of every person
operating a food establishment within this Commonwealth to
register with the secretary as a food establishment. This
registration requirement shall not be construed to exempt food
establishments from licensing requirements of any county, city,
borough, incorporated town or township in accordance with the
act of August 24, 1951 (P.L.1304, No.315), known as the Local
Health Administration Law.
(b) Application.--The application for registration shall be
made on a form to be supplied by the secretary upon request of
the applicant.
(c) Fee.--The registration fee shall be $35 per food
establishment per year.
(d) Exceptions.--The following are exempt from the
provisions of this section:
(1) Vehicles used primarily for the transportation of
any consumer commodity in bulk or quantity to manufacturers,
packers, processors or wholesale or retail distributors.
(2) Any food establishment in which at least 50% of the
commodities sold were produced on the farm on which the food
establishment is located.
(3) Any food establishment in which food or beverages
are sold only through a vending machine.
(4) Any food establishment in which only prepackaged,
nonpotentially hazardous food or beverages are sold.
(e) Single food establishment.--For purposes of this
section, food establishments which are located at the same
address and operated by the same person shall be deemed to be a
single food establishment.
Section 15. Product registration.
The secretary may promulgate regulations allowing food
establishments to label their food products as having been
registered by the department. "Reg. Penna. Dept. Agr." shall be
the approved abbreviation. This registration label shall be
limited to food products prepared or packed in a food
establishment registered under section 14(a) of this act.
Section 16. Construction of act.
(a) General rule.--The provisions of this act and the
regulations promulgated under this act shall be construed in a
manner that is consistent with the Federal acts and regulations
promulgated under those acts. The secretary shall not ordain or
enforce requirements relating to sanitation, food safety, food
standards and labeling requirements of any kind or description
other than those provided for in the Federal acts unless the
proposed regulation meets all of the following:
(1) is justified by compelling and unique local
conditions;
(2) protects an important public interest that would
otherwise be unprotected;
(3) relates to subject matter that is primarily local in
nature and the Federal agency with responsibility over the
subject matter is not exercising its jurisdiction with
respect to the subject matter;
(4) would not cause a food to be in violation of any
applicable requirements under the Federal acts; and
(5) would not unduly burden interstate commerce.
(b) Secretary to participate in rulemaking.--The secretary
is encouraged to participate in rulemaking under the Federal
acts and, if necessary, to pursue Federal rulemaking as is
deemed necessary for the protection of the citizens of this
Commonwealth through the Federal petition and rulemaking
process.
Section 17. Acts not affected.
Nothing in this act shall be construed to abrogate or
supersede any provision or regulation adopted under:
(1) The act of July 2, 1935 (P.L.589, No.210), referred
to as the Milk Sanitation Law, the act of May 23, 1945
(P.L.926, No.369), referred to as the Public Eating and
Drinking Place Law, the act of August 8, 1961 (P.L.975,
No.436), referred to as the Milk Adulteration and Labeling
Act, and the act of September 1, 1965 (P.L.420, No.215),
known as The Frozen Dessert Law.
(2) The act of August 24, 1951 (P.L.1304, No.315), known
as the Local Health Administration Law, with regard to
licensure, regulation and inspection of a public eating or
drinking place, as defined in the Public Eating and Drinking
Place Law, which is not a food establishment under this act.
Section 18. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 19. Repeals.
The following acts and parts of acts are repealed:
Act of May 21, 1885 (P.L.22, No.25), entitled "An act for the
protection of the public health, and to prevent adulteration of
dairy products and fraud in the sale thereof."
Act of May 23, 1887 (P.L.157, No.88), referred to as the
Candy and Confectionery Adulteration Law.
Act of June 11, 1891 (P.L.297, No.225), entitled "An act to
prevent the adulteration of cider vinegar, regulating the sale
of vinegar made wholly from apples, grapes and other fruits,
prohibiting the manufacture and sale of vinegar from certain
ingredients injurious to health, and providing penalties
therefor."
Act of July 10, 1901 (P.L.643, No.327), referred to as the
Renovated Butter Law.
Act of March 28, 1905 (P.L.64, No.46), entitled "An act to
prohibit the selling, shipping, consigning, offering for sale,
exposing for sale, or having in possession with intent to sell,
as fresh, any meat, poultry, game, fish, or shell fish which
contains any substance or article possessing a preservative or
coloring character or action; making the same a misdemeanor; and
to prescribe penalties and punishment for violations, and the
means and the methods of procedure for the enforcement thereof."
Act of March 11, 1909 (P.L.17, No.11), referred to as the
Lard Law.
Act of May 13, 1909 (P.L.520, No.292), referred to as the
Pure Food Law.
Act of April 6, 1911 (P.L.51, No.45), referred to as the
Sausage Adulteration Law.
Act of May 5, 1915 (P.L.247, No.143), referred to as the
Coffee and Chicory Law.
Act of April 13, 1921 (P.L.129, No.78), referred to as the
Butter Adulteration Law.
Act of March 3, 1925 (P.L.10, No.8), referred to as the Fruit
Syrup Law.
Act of March 17, 1925 (P.L.34, No.20), entitled "An act
regulating the sale of oysters at retail."
Act of May 22, 1933 (P.L.912, No.168), referred to as the
Bakery Law.
Act of May 21, 1937 (P.L.788, No.214), entitled "An act for
the protection of the public health, and the prevention of fraud
and deception, requiring clean, sanitary establishments for the
manufacture, preparation or bottling of nonalcoholic drinks and
liquid foods, including clean, sanitary ingredients and
containers; regulating the maintenance and operation of such
establishments, and the use of containers; prescribing
penalties; and providing for injunctions in certain cases."
Act of May 20, 1949 (P.L.1511, No.455), referred to as the
Cold Storage Warehouse Food Law.
Act of July 5, 1957 (P.L.485, No.276), entitled "An act for
the protection of the public health and welfare, and the
prevention of fraud and deception in the manufacture or sale of
packaged non-alcoholic drinks; prohibiting the sale, offering or
exposing for sale, exchange or giving away thereof unless
registered; providing for licensing of places of manufacture;
regulating the manufacture, compounding, labeling, sanitation
and ingredients of non-alcoholic drinks, and the display of
presses of fruit; prohibiting misbranding and adulteration of
registered and non-registered non-alcoholic drinks; authorizing
promulgation of rules, regulations and standards, and providing
for penalties and for injunctions in certain cases, and the
disposition of fees and fines."
Act of December 15, 1965 (P.L.1077, No.412), entitled "An act
relating to and regulating the manufacture, sale,
transportation, possession, use, serving and advertising of
oleomargarine, margarine, butterine and similar substances;
prohibiting the sale, possession or use thereof in certain
cases; preventing and punishing fraud and deception in the
manufacture, sale, use, serving and advertising thereof;
imposing powers and duties on the Department of Agriculture and
defining enforcement procedure; requiring notice to patrons of
certain eating places which sell or serve any such products; and
prescribing penalties."
Section 20. Effective date.
This act shall take effect in 60 days.
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