reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5111 - Criminal penalties

§ 5111. Criminal penalties.
(a) Conviction.--
Any person who violates any of the provisions of this chapter or the rules and regulations issued thereunder or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the department in performance of its duty in connection with the provisions of this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $100 for the first violation and not less than $500 nor more than $1,000 for a subsequent violation in any one year. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the secretary shall be accepted as prima facie evidence of the composition.
(b) Minor violations.--
Nothing in this chapter shall be construed as requiring the department to report a violation and to institute seizure proceedings as a result of minor violations of the chapter when it believes that the public interest will be best served by a suitable notice of warning in writing.
(c) District attorney.--
It is the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for such prosecution, an opportunity shall be given the person to present his view to the department.
(d) Trade secrets.--
Any person who uses to his own advantage or reveals to anyone other than the department or to the courts when relevant in any judicial proceeding any information acquired under the authority of this chapter concerning any method, records, formulations or processes which as a trade secret is entitled to protection commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 or to imprisonment for not less than one year, or both. This prohibition shall not be deemed as prohibiting the department from exchanging information of a regulatory nature with duly appointed officials of the Federal Government or of other states who are similarly prohibited by law from revealing this information.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5112 - Civil penalties

§ 5112. Civil penalties.
In addition to any other remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty upon a person for a violation of this chapter. The department shall give notice to the person and shall provide an opportunity for a hearing. The hearing shall be conducted in accordance with Title 2 (relating to administrative law and procedure). The civil penalty assessed shall not exceed $2,500. The civil penalty shall be payable to the department and shall be collectible in any manner provided by law for the collection of debt. If any person liable to pay a civil penalty neglects or refuses to pay it after demand, the amount of the civil penalty, together with interest and any other costs that may accrue, shall be a lien in favor of the Commonwealth upon the real and personal property of the person after the lien has been entered and docketed of record by the prothonotary of the county where the property is situated. It is the duty of each prothonotary, upon receipt of the certified copy of the lien, to enter and docket the lien in the records of his office and to index the lien as judgments are indexed without requiring the payment of costs as a condition precedent to entry.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5113 - Civil remedy

§ 5113. Civil remedy.
In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the secretary, may initiate in the Commonwealth Court or the court of common pleas of the county in which the defendant resides or has his place of business an action in equity for an injunction to restrain any and all violations of this chapter or the regulations promulgated under this chapter or any order issued pursuant to this chapter from which no timely appeal has been taken or which has been sustained on appeal. In any such proceeding, the court shall upon motion of the Commonwealth issue a preliminary injunction if it finds that the defendant is engaging in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with these proceedings. In addition to an injunction, the court may levy civil penalties as provided by this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5114 - Publications

§ 5114. Publications.
The department shall publish at least annually, in such form as it deems proper, information concerning the sales of commercial feeds, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold in this Commonwealth as compared with the analyses guaranteed on the label. The information concerning production and use of commercial feeds shall not disclose the operations of any person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5115 - Disposition of funds

§ 5115. Disposition of funds.
Moneys received from license fees, inspection fees, fines and civil penalties shall be paid into the State Treasury and shall be credited to the general government operations appropriation of the Department of Agriculture for administering the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Extra - Chapter Notes

Enactment.
Unless otherwise noted, Chapter 57 was added December 12, 1994, P.L.903, No.131, effective
            in 60 days.
Enactment.
Subchapter A was added November 23, 2010, P.L.1039, No.106, effective in 60 days.
Cross References.
Subchapter A is referred to in sections 4612, 5733, 5737, 6503, 6504, 6508 of this
            title.
Enactment.
Subchapter B was added November 23, 2010, P.L.1039, No.106, effective in 60 days.
Cross References.
Subchapter B is referred to in section 4612 of this title.
Enactment.
Subchapter C was added June 30, 2021, P.L.333, No.62, effective in 30 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5704 - Inspection, sampling and analysis

§ 5704. Inspection, sampling and analysis.
(a) Inspection.--
For purposes of enforcement of this subchapter, a licensor is authorized, upon presenting appropriate credentials to the person in charge:
(1) To enter at reasonable times any retail food facility.
(2) To inspect at reasonable times, within reasonable limits and in a reasonable manner, the retail food facility.
(3) To obtain a sample of any food at a retail food facility for analysis as may be necessary to determine compliance with this subchapter if the licensor, upon completion of the inspection and prior to leaving the facility, provides the person in charge a receipt describing the sample obtained.
(b) Billing.--
A retail food facility from which a sample was collected may bill the licensor for the fair market value of the sample.
(c) Report.--
Upon completion of an inspection of a retail food facility and prior to leaving the premises, a licensor shall give to the person in charge a written report of the findings of the inspection. Results from the analysis of any samples taken shall be provided to the person in charge within 30 days of receipt.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5707 - Powers of department

§ 5707. Powers of department.
(a) Rules and regulations.--
The department shall make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions and intent of this subchapter. In promulgating regulations, the department shall be guided by the most current edition of the Food Code, published by the United States Department of Health, Food and Drug Administration. The regulatory standards established by the department under this section shall be the standards followed and applied by any licensor with respect to retail food facilities.
(b) Food service at schools and organized camps.--
(1) The department shall provide for the inspection of a food service at a school and for the training of school food service personnel in accordance with the standards applied to retail food facilities for schools located in areas in which the department is the licensor. Upon request, the department shall provide training to school food service personnel or inspections of a food service at a school located in areas in which the department is not the licensor.
(2) The department shall provide for the inspection of a food service at organized camps and for the training of food service personnel at organized camps in accordance with the standards applied to retail food facilities for organized camps located in areas in which the department is the licensor. Upon request, the department shall provide training to organized camp food service personnel or inspections of a food service at organized camps located in areas in which the department is not the licensor.
(c) Inspection.--
If a licensor fails to inspect a retail food facility as required under section 5703(e) (relating to license required), the department shall have the authority to license and inspect all retail food facilities under that licensor's jurisdiction, and the licensor that failed to comply with the inspection requirement shall not charge or collect any fee for licensing subject retail food facilities. If the department conducts an inspection, it shall, within 30 days, provide the licensor a copy of the inspection report.
(d) Interagency coordination.--
The department shall provide inspection reports or test results that indicate human illness related to food consumption or food handling practices, or to other threats to the safety of the food supply, to the Department of Health, the Department of Environmental Protection or any other Commonwealth agency as necessary to develop a comprehensive, coordinated interagency approach to protecting public health and safeguarding the food supply.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5708 - Infectious persons

§ 5708. Infectious persons.
No proprietor shall allow any food employee to be in a retail food facility if that person has an infectious or communicable disease, as prohibited under the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955, and its attendant regulations related to restrictions on food handlers. In consultation with the Department of Health, the department may promulgate regulations with respect to specific illnesses as related to operations in a retail food facility as it deems necessary for the protection of public health.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5709 - Linens, equipment and utensils

§ 5709. Linens, equipment and utensils.
No proprietor shall utilize any linens, equipment or utensils unless the linens, equipment or utensils have been thoroughly cleansed and sanitized in the manner prescribed by regulation of the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5710 - Retail food facility and employee cleanliness

§ 5710. Retail food facility and employee cleanliness.
All retail food facilities, kitchens, dining rooms and all places where foods are prepared, kept or stored shall be kept in a clean and sanitary condition and be protected from dust, dirt, insects and vermin in the manner prescribed by the regulations of the department. The clothing and hands of employees shall at all times be clean and sanitary. Except when washing fruits and vegetables or when approved by the department, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment. No domestic pets or other animals shall be permitted where food or drink is prepared, handled or stored unless specifically permitted or required under the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or other Federal or State law. No person shall be permitted to use for living or sleeping purposes any room or place in any retail food facility which is regularly and customarily used for the preparation, handling, storing or serving of food.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5711 - Toilets, sinks and drains

§ 5711. Toilets, sinks and drains.
All toilets, hand-wash sinks, tubs, sinks and drains used in or in connection with any retail food facility shall at all times be kept in a clean and sanitary condition.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5712 - Applicability

§ 5712. Applicability.
This subchapter shall not apply to food that meets all of the following requirements:
(1) The food is not potentially hazardous food.
(2) The food is prepared in a private home.
(3) The food is used or offered for human consumption by any of the following organizations:
(i) A tax-exempt organization under section 501(c)﻿(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).
(ii) A volunteer fire company or ambulance, religious, charitable, fraternal, veterans, civic, sportsmen, agricultural fair or agricultural association or any separately chartered auxiliary of any of these associations, on a not-for-profit basis.
(iii) An organization that is established to promote and encourage participation and support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis.
(4) The organization that uses or offers the food for human consumption informs consumers that the organization uses or offers food that has been prepared in private homes that are not licensed or inspected.
(5) The food is donated to an organization described under paragraph (3).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5713 - School cafeterias and organized camps

§ 5713. School cafeterias and organized camps.
Officials of schools and organized camps shall cooperate with the department in the conduct of cafeteria health and safety inspections and shall participate in inspection services and training programs made available by the department in areas where the department is the licensor. Upon request, the department shall provide training to school or organized camp food service personnel or inspections of a food service at a school or organized camp located in areas in which the department is not the licensor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5714 - Penalties

§ 5714. Penalties.
(a) Retail food facilities under jurisdiction of department.--
For retail food facilities under the jurisdiction of the department, penalties are as follows:
(1) A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subchapter commits a summary offense for the first or second offense and shall be subject to a fine not less than $100 but not more than $300. A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subchapter 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.
(2) In addition to proceeding under any other remedy available at law or in equity for a violation of this subchapter or a rule or regulation adopted or any order issued under this subchapter, 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.
(b) Retail food facilities under other jurisdiction.--
Penalties shall be established by the licensor for retail food facilities under the jurisdiction of a licensor that is not the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5723 - Prohibited acts

§ 5723. 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 5731 (relating to poisonous or deleterious substances and tolerances).
(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 5732(a)(2) and (3) (relating to inspection, sampling and analysis).
(6) Removal or disposal of a detained or embargoed food article in violation of section 5726 (relating to detention and condemnation).
(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 this subchapter.
(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 subchapter, of any information acquired under authority of this subchapter 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 chapter.
(11) Failure to register with the department under the provisions of section 5734 (relating to registration of food establishments).
(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 5735 (relating to product registration).
(13) Sale of confectionery containing alcohol at a level above one-half of 1% 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5724 - Temporary or permanent injunctions

§ 5724. Temporary or permanent injunctions.
In addition to any other remedies provided in this subchapter, 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 this subchapter or any regulation adopted under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5726 - Detention and condemnation

§ 5726. Detention and condemnation.
(a) Marking detained food.--
Whenever the secretary has probable cause to believe that food is adulterated or misbranded, the secretary 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 subchapter 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 subchapter.
(d) Order for destruction.--
Food detained under this subchapter 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 subchapter 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.
Cross References.
Section 5726 is referred to in section 5723 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5727 - Temporary permits

§ 5727. 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. 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 5733 (relating to rules and regulations). 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5730 - Regulations to exempt certain labeling requirements

§ 5730. Regulations to exempt certain labeling requirements.
The department 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 this subchapter upon removal from the processing, labeling or repacking establishments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5731 - Poisonous or deleterious substances and tolerances

§ 5731. 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 and 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 5728(4) (relating to adulteration of food) 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 5728(4).
Cross References.
Section 5731 is referred to in sections 5723, 5728 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5732 - Inspection, sampling and analysis

§ 5732. Inspection, sampling and analysis.
(a) Inspection.--
For purposes of enforcement of this subchapter, 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 subchapter.
(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 subchapter 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.
(b.1) Interagency coordination.--
The department shall share inspection reports or tests results that indicate human illness related to food consumption or food handling practices, or to other threats to the safety of the food supply, with the Department of Health, the Department of Environmental Protection or any other Commonwealth agency as necessary to develop a comprehensive, coordinated interagency approach to protecting public health and safeguarding the food supply.
(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 subchapter.
(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 of samples.--
The food establishment from which samples are collected may bill the secretary for the fair market value of the samples.
Cross References.
Section 5732 is referred to in section 5723 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5734 - Registration of food establishments

§ 5734. 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 April 21, 1949 (P.L.665, No.155), known as the First Class City Home Rule Act, or 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.--
All of the following shall be 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) A food establishment that is in compliance with the act of July 20, 1974 (P.L.537, No.184), referred to as the Honey Sale and Labeling Act, and in which 100% of the regulated products offered for human consumption are produced or processed on the farm on which the food establishment is located.
(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.
(Oct. 24, 2012, P.L.1434, No.180, eff. 60 days)
2012 Amendment.
Act 180 amended subsec. (d).
Cross References.
Section 5734 is referred to in sections 5723, 5735 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5735 - Product registration

§ 5735. 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 5734 (relating to registration of food establishments).
Cross References.
Section 5735 is referred to in section 5723 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5736 - Construction of subchapter

§ 5736. Construction of subchapter.
(a) General rule.--
The provisions of this subchapter and the regulations promulgated under this subchapter 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.
Cross References.
Section 5736 is referred to in section 5733 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5737 - Acts not affected

§ 5737. Acts not affected.
Nothing in this subchapter 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 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) Subchapter A (relating to retail food facility safety).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5742 - Definitions

§ 5742. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Milk."
As defined in section 1 of the Milk Sanitation Law.
"Milk plant."
As defined in section 1 of the Milk Sanitation Law and permitted under section 2 of the Milk Sanitation Law.
"Milk Sanitation Law."
The act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.
"Pennsylvania-approved dairy laboratory."
Any of the following:
(1) A commercial or regulatory laboratory approved and certified by the department within the preceding two years to do official analyses of milk.
(2) A milk industry laboratory approved and certified by the department within the preceding two years for the examination of producer samples of milk for pasteurization, commingled milk for pasteurization or raw milk for human consumption for the detection of drug residues, bacterial limits and somatic cell count.
"Retail food facility."
As defined in section 5702 (relating to definitions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5743 - Label requirement

§ 5743. Label requirement.
(a) General rule.--
The cap or nonglass container of pasteurized milk held in retail food facilities for resale shall be conspicuously and legibly marked in a contrasting color with a sell-by date or a best-by date.
(b) Sell-by date.--
A sell-by date shall consist of:
(1) a designation of the month and the day of the month after which the product may not be sold or offered for sale, whether expressed in standard fashion (such as "August 15"), numerically (such as "8-15") or with the use of an abbreviation (such as "Aug. 15" or "AU 15"); and
(2) either:
(i) the words "Sell by" or "Not to be sold after" preceding that designation and appearing legibly on the cap or nonglass container; or
(ii) the statement "Not to be sold after the date stamped above" following that designation and appearing legibly on the cap or nonglass container.
(c) Best-by date.--
A best-by date shall consist of:
(1) a designation of the month and the day of the month in a format as provided in subsection (b) established by the milk plant as a product quality guideline; and
(2) the words "Best by," "Best if consumed by" or "Best if used by" preceding the designation and appearing legibly on the cap or nonglass container.
(d) Prominence of sell-by date or best-by date on label.--
The sell-by date or best-by date shall be separate and distinct from any other number, letter or intervening material on the cap or nonglass container.
(e) Limitation.--
A sell-by date or a best-by date may not exceed 17 days beginning after midnight on the day on which the milk was pasteurized, unless the department approves a longer interval in accordance with the procedure described in section 5744 (relating to sell-by date or best-by date of greater than 17 days from pasteurization).
(f) Exempt pasteurized milk and required lot number or manufacturing date code information for pasteurized milk.--
The following types of pasteurized milk are exempt from the requirements of this subchapter, provided that the cap or nonglass container contains a lot number or manufacturing date code that is acceptable to the department and can be used for product traceability in the marketplace:
(1) Ultrapasteurized milk.
(2) Cultured milk.
(3) Aseptically processed milk.
(4) Milk that has undergone higher heat shorter time pasteurization.
(5) Milk sold or offered for retail sale on the same premises at which it was processed.
Cross References.
Section 5743 is referred to in section 5744 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5744 - Sell-by date or best-by date of greater than 17 days from pasteurization

§ 5744. Sell-by date or best-by date of greater than 17 days from pasteurization.
(a) General rule.--
A milk plant may apply to the department for approval to use a sell-by date or a best-by date that exceeds the 17-day period referenced in section 5743(e) (relating to label requirement). Approval shall be by type of milk and type and volume of the milk container.
(b) Approval process.--
Approval may be obtained by the following process:
(1) The applicant must apply to the department for approval to use a specific sell-by or best-by date that exceeds the 17-day period referenced in section 5743(e), using a form provided by the department.
(2) The applicant must specify on the form, by milk type and type and volume of container, each product for which approval is sought, and the specific sell-by date or best-by date proposed for that product as packaged.
(3) For each milk type and type and volume of container with respect to which approval is sought, the applicant must include scientific documentation as the department may require to confirm the following:
(i) unopened samples from at least three different production days were maintained at a temperature of between 34 and 45 degrees Fahrenheit for no less than the entire proposed sell-by date or best-by date period;
(ii) after the proposed sell-by date or best-by date period ended, each sample was opened and tested for bacterial count, and the bacterial count for each sample did not exceed the bacteriological standards for milk set forth in the department's milk sanitation regulations; and
(iii) the testing was completed within three months preceding the date the application was submitted to the department.
(c) Continuation of approval.--
Approval issued by the department under this section shall remain in effect as long as the milk plant continues to complete the periodic sampling and testing required in section 5746 (relating to monitoring by milk plants and department) and the bacterial test results do not exceed the bacterial limits for pasteurized milk described in section 5746.
Cross References.
Section 5744 is referred to in sections 5743, 5746 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 57 - Food Protection › Section 5745 - Prohibitions

§ 5745. Prohibitions.
(a) Sell-by date.--
Pasteurized milk may not be sold or offered for sale if the milk is sold or offered for sale after the sell-by date designated on the cap or nonglass container.
(b) Best-by date.--
Pasteurized milk may not be sold or offered for sale if the milk is sold or offered for sale after the best-by date designated on the cap or nonglass container.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 59 - Organic Foods (Repealed) › Section 5901 - § 5909 - (Repealed)

2010 Repeal.
Chapter 59 (§§ 5901 - 5909) was added December 12, 1994, P.L.903, No.131, and repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 61 - Maple Products (Repealed) › Section 6101 - § 6112. (Repealed)

2010 Repeal.
Chapter 61 (§§ 6101 - 6112) was added December 12, 1994, P.L.903, No.131, and repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6502 - Definitions

§ 6502. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Advisory board"
or
"board."
(Deleted by amendment).
"Certificate."
A certificate of completion issued by a certification program that has been evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program.
"Conference for Food Protection."
An independent, national voluntary nonprofit organization to promote food safety and consumer protection. Participants in this organization include Federal, State and local regulatory agencies, universities, test providers, certifying organizations, consumer groups, food service and retail store trade associations and retail food facility operators. The objectives of the organization include identifying and addressing food safety problems and promoting uniformity of regulations in food protection.
"Employee."
As defined under section 5702 (relating to definitions).
"Food establishment."
As defined in section 5722 (relating to definitions).
"Organized camp."
As defined in section 5702 (relating to definitions).
"Person in charge."
As defined in section 5702 (relating to definitions).
"Potentially hazardous food."
As defined in section 5702 (relating to definitions).
"Proprietor."
As defined in section 5702 (relating to definitions).
"Public eating or drinking place."
A public eating or drinking place as defined in section 5702 (relating to definitions).
"Retail food establishment."
As defined in section 5702 (relating to definitions).
"Retail food facility."
A public eating or drinking place or a retail food establishment.
"Supervisory employee."
(Deleted by amendment).
(Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6503 - Certification programs

§ 6503. Certification programs.
(a) (Reserved).
(b) (Reserved).
(c) Certification programs.--
The department shall recognize certification programs including examinations developed under those programs that are evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program.
(c.1) (Reserved).
(d) Certification of employees.--
An employee shall be certified following demonstration of food safety protection knowledge by the successful completion of an examination conducted by or pursuant to an accredited certification program recognized by the department under subsection (c). A retail food facility shall have a period of three months after licensing under Ch. 57 Subch. A (relating to retail food facility safety) within which to comply with this chapter.
(e) Preemption.--
Except as provided in subsection (f), the regulation of food safety protection and training standards for employees of retail food facilities is preempted by the Commonwealth.
(f) Local programs.--
Any food employee certification program established by a county, city, borough, incorporated town or township prior to September 1, 1994, may remain in effect.
(Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
Cross References.
Section 6503 is referred to in section 6504 of this title.