reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.28 - Frozen dietary dairy dessert

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Frozen dietary dairy dessert is a frozen dessert prepared for persons who wish
					 to restrict their intake of ordinary sweetening ingredients. It is produced by
					 freezing while stirring a pasteurized mix consisting of the ingredients
					 permitted for ice cream in §
											39.12 (relating to ice cream and
					 frozen custard). The minimum fat content shall be 3.0%, and it shall contain no
					 sugars other than those naturally present in the milk solids or flavoring
					 agents which have been added. It may contain edible carbohydrates other than
					 sugars. The edible carbohydrates must be approved by the Department.
(b) The name of the food is frozen dietary
					 dairy dessert.
(c) The label on a
					 package of frozen dietary dairy dessert in addition to other required
					 information shall:
(1) Contain a complete list
					 of ingredients, in accordance with
					 21 CFR
					 101.4 (relating to food; designation of
					 ingredients).
(2) Contain a
					 statement as follows: "Diabetics: This product may be useful in your diet on
					 the advice of a physician. This food is not a reduced calorie food."
(3) Immediately preceding or following the
					 name of the product contain a statement as follows: "Contains
% milkfat." The blank shall be filled in with the
						percentage of milkfat in the product.
(4) Comply with
					 21 CFR
					 101.9 and
					 101.22(h)
					 and (i) (relating to nutrition labeling of
					 food and foods; labeling of spices, flavorings, colorings and chemical
					 preservatives).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.29 - Dietary frozen dessert or low fat frozen dairy dessert

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dietary frozen dessert or lowfat frozen
					 dairy dessert is a food prepared by freezing while stirring, a pasteurized mix
					 consisting of the ingredients permitted for ice cream in §
											39.12 (relating to ice cream and
					 frozen custard). The finished product contains less than 2.0% by weight of
					 either extractable fat, and its content of total milk solids consists of
					 ingredients listed in §
											39.12(b) and is
					 not less than 7.0% by weight. The product weighs no less than 4.5 pounds per
					 gallon, and the total solids per gallon is not less than 1.1 pounds nor more
					 than 1.9 pounds, exclusive of any microcrystalline cellulose used as an
					 ingredient.
(b) One or more
					 vitamins or minerals listed in
					 21 CFR
					 101.9(c)(7)(iv) (relating to
					 nutrition labeling of food) may be added to the product. If vitamins or
					 minerals are added, the name of the food on the principal display panel shall
					 be immediately preceded or followed by the word "fortified" in the same style
					 and at least one-half the size of the type used for the name dietary frozen
					 dessert or lowfat frozen dairy dessert and on the same contrasting background.
					 If vitamins or minerals are added, each 4 fluid ounce serving of finished
					 product shall provide no less than 8.0% nor more than 20% of the United States
					 Recommended Daily Allowance of such vitamins or minerals.
(c) The name of the food is dietary frozen
					 dessert or lowfat frozen dairy dessert. In addition to all other required
					 information, it shall:
(1) Contain a complete
					 list of ingredients, in accordance with
					 21 CFR
					 101.4 (relating to food, designation of
					 ingredients).
(2) Comply with
					 21 CFR
					 101.9 and
					 101.22(h)
					 and (i) (relating to nutrition labeling of
					 food and foods; labeling of spices, flavorings, colorings and chemical
					 preservatives).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.30 - Manufactured desserts mix

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Manufactured desserts mix, whipped cream confections and bisque tortoni are
					 frozen desserts made with milk products, sweetening agents and flavoring
					 agents, with or without harmless coloring or any other safe and suitable
					 ingredients approved by the Secretary. The product must contain not less than
					 18% by weight of milkfat, and not more than 12% of milk solids not fat, and may
					 be packaged with harmless gas causing it to fluff upon ejection from the
					 package or container.
(b) In
					 addition to other required information, the label shall contain a complete list
					 of ingredients in accordance with
					 21 CFR
					 101.4 (relating to food; designation of
					 ingredients).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.31 - Freezer-made shakes, freezer-made milk shakes and freezer-made lowfat milk shakes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 freezer-made milk shake is a pure, clean, wholesome semi-viscous drink prepared
					 by stirring while freezing a pasteurized mix consisting of the ingredients
					 prescribed for ice milk in §
											39.15 (relating to ice milk) except
					 that:
(1) It shall contain not less than
					 3.25% and not more than 6.0% milkfat.
(2) Its content of milk solids not fat shall
					 not be less than 10%.
(3) It may
					 contain a sweetner that has been affirmed as generally recognized as safe or
					 has been approved as a food additive for this use by the FDA in place of, or in
					 combination with, nutritive carbohydrate sweetners.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.32 - Parevine

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parevine is the
					 food which is prepared by freezing while stirring a pasteurized mix composed of
					 all of the following:
(1) One or more edible
					 vegetable oils or fats.
(2) Protein
					 and carbohydrate food ingredients from other than milk or meat
					 sources.
(3) Nutritive sweeteners
					 other than lactose.
(4)
					 Characterizing ingredients except any containing meat or milk.
(5) Any other safe and suitable ingredient
					 which is not milk or meat or a product or derivative of milk or meat. This
					 product shall not contain any milk, milk product, meat or meat products or any
					 of their derivatives of any kind.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.33 - Lowfat parevine

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Lowfat
					 parevine is a food which meets the requirements of §
											39.32 (relating to parevine) except
					 that its fat content shall be not more than 6.0%.
(b) The name of the product is lowfat
					 parevine.
(c) Section
					 39.32(e)(1) and
					 (2) applies.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.34 - Frozen pudding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Frozen
					 pudding is a product made from a pasteurized mix, intended to be eaten in the
					 frozen state. The mix may be composed of the following:
(1) Milk and milk products.
(2) Modified or unmodified food
					 starch.
(3) Sweetening
					 agents.
(4) Harmless natural or
					 artificial flavoring.
(5) Harmless
					 natural or artificial color.
(6)
					 Any other safe or suitable functional ingredient approved by the
					 Secretary.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.35 - Lo-mel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Lo-mel is a
					 pure, clean wholesome semi-viscous drink prepared by stirring while freezing a
					 pasteurized mix composed of milk solids not fat, water, and edible fats or oils
					 other than milkfat. It may contain optional sweetening ingredients and any
					 other safe and suitable ingredients approved by the Department.
(b) The content of milk solids not fat shall
					 not be less than 10%.
(c) When
					 lo-mel is sold, a sign or menu board must be prominently and conspicuously
					 displayed where it can be clearly read by customers under normal condition of
					 purchase, stating "Lo-Mel Served Here," in bold face capitals at least as large
					 as the letters used in listing items containing lo-mel and in contrasting color
					 to the background. A sign or menu board is not required if the only method of
					 advising the customers on what items are being offered for sale is a menu
					 furnished to the customer. In such a case, the menu shall contain the statement
					 "Lo-Mel Served Here." A menu advertising lo-mel shall conform with this
					 subsection.
(d) When lo-mel is
					 represented for special dietary use by man, it shall be sold in a labeled
					 container. The label shall include the name of the food, a complete list of
					 ingredients in accordance with
					 21 CFR
					 101.4 (relating to food; designation of
					 ingredients) and nutrition information as required by
					 21 CFR
					 101.9 (relating to nutrition labeling of
					 food).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.38 - Generic frozen dessert

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Description
. A generic frozen dessert is a food that in its
					 unfrozen form or state, is recognized by consumers by an established common or
					 usual name or in the absence thereof, by an appropriate descriptive term. The
					 unfrozen food becomes a frozen dessert when it is frozen with or without
					 agitation, and when the food, in its frozen form is designed and intended to be
					 consumed in a frozen state. A generic frozen dessert shall be made from safe
					 and suitable ingredients. A generic frozen dessert, whose unfrozen counterpart
					 is subject to a definition and standard of identity, shall comply with that
					 definition and standard of identity, and ingredient provisions, except that
					 safe and suitable ingredients may additionally be used that are necessary in
					 the manufacture of the frozen dessert.
(b)
Nomenclature
. The name
					 of the frozen dessert shall be "Frozen
." The blank shall be filled in with the common or usual
						name of the unfrozen counterpart of the food, or in the absence thereof, an
						appropriate descriptive term.
(c)
Labeling
.
(1) The label of the food shall comply with
					 the requirements in 21 CFR Chapter 1, Subchapter B (relating to food for human
					 consumption).
(2) A complete list
					 of ingredients shall be presented in descending order of predominance by weight
					 of the ingredient.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.39 - Nonfat frozen dessert or frozen dairy dessert

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Description
. Nonfat
					 frozen desserts and frozen dairy desserts are the foods prepared from the same
					 ingredients and in the same manner prescribed for ice cream in §
											39.12 (relating to ice cream and
					 frozen custard). These products shall comply with § 39.12, including the
					 requirements for label statement of optional ingredients, except that:
(1) Sweetening agents and fat substitutes
					 that are "safe and suitable," as that term is defined by the FDA and published
					 at 21 CFR
					 103.3(d) (relating to
					 definitions), may be used.
(2) Its
					 content of milk fat is less than 0.5%.
(3) Its content of total milk solids per
					 gallon before the addition of bulky flavors is at least 0.45 pounds.
(4) Caseinates may be added when the content
					 of total milk solids per gallon before the addition of bulky flavors is at
					 least 0.45 pounds.
(5) The quantity
					 of food solids per gallon is at least 1.3 pounds.
(6) The weight per gallon is at least 4
					 pounds.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.40 - Other standards of identity

Current through Register Vol. 54, No. 28, July 13, 2024
If no comparable frozen dessert standard of identity
						described in this chapter applies, the frozen dessert standard of identity as
						adopted or amended by the FDA and published at 21 CFR (relating to food and
						drugs) applies.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SPECIFIC REQUIREMENTS FOR RETAIL MANUFACTURERS OF FROZEN DESSERTS › Section 39.41 - Operation

Current through Register Vol. 54, No. 28, July 13, 2024
Operations where frozen desserts are prepared from an
						approved mix purchased from a permit holding source and sold only on the
						premises where manufactured shall comply with 7 Pa. Code Chapter 78 (relating
						to food establishments).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.51 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sinks shall be
					 provided and be of suitable size to accommodate the equipment and utensils to
					 be washed.
(b) Equipment shall be
					 designed, installed, and operated in accordance with the criteria set forth by
					 the National Sanitation Foundation, the Committee for 3-A Sanitary Standards
					 for Dairy Equipment or as otherwise approved by the Department.
(c) Fixtures, furnishings, machinery,
					 apparatus, implements, utensils, receptacles and equipment used to produce,
					 store, keep, handle, distribute or serve frozen desserts shall be maintained,
					 operated and stored in a clean and sanitary manner.
(d) The temperature of the mix may not exceed
					 45°F.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.52 - Intermediate containers

Current through Register Vol. 54, No. 28, July 13, 2024
Intermediate containers such as pails or pouring
						containers in which mix comes in contact shall be washed, rinsed and sanitized
						before use.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.53 - Mix cans

Current through Register Vol. 54, No. 28, July 13, 2024
Immediately after mix cans are emptied, they shall be
						washed, rinsed and drained.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.54 - Dispensing freezers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Dispensing freezers shall be rinsed and disassembled after each day's use. Use
					 of clean-in-place installation approved by the Department is
					 acceptable.
(b) Dispensing freezers
					 shall be washed, rinsed and sanitized before the close of each working day on
					 which they are used.
(c) Dispensing
					 freezers shall be sanitized prior to use on each day on which they are
					 used.
(d) Dispensing freezers shall
					 be left unassembled or partially assembled with adequate ventilation when not
					 in use.
(e) Dispensing freezers are
					 exempt from subsections (a)-(d) if the following conditions are met:
(1) They are listed under the applicable
					 standards of the National Sanitation Foundation and utilize a heat treatment
					 process which heats all of the frozen dessert ingredients contained therein to
					 a temperature of at least 150°F for at least 30 minutes each day, or they
					 employ another heat treatment process that has been approved by the Department
					 and either the National Sanitation Foundation or the Committee for 3-A Sanitary
					 Standards for Dairy Equipment.
(2)
					 They are disassembled, cleaned and sanitized at intervals of no greater than 14
					 days.
(3) They contain a lockout
					 mechanism to prevent the dispensing of frozen dessert products if the heat
					 treatment process utilized by the dispensing freezers fails or the dispensing
					 freezer is not disassembled, cleaned and sanitized at intervals of no greater
					 than 14 days.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.55 - Suggested procedure for cleaning and sanitizing equipment

Current through Register Vol. 54, No. 28, July 13, 2024
The following cleaning procedure is recommended:
(1) Thoroughly rinse equipment used during
					 the operation with lukewarm water.
(2) Completely disassemble and thoroughly
					 scrub every part which comes in contact with the product. Use a suitable brush
					 and a dairy cleanser dissolved in hot, 110-120°F, water.
(3) Rinse washed parts thoroughly with clean
					 hot water and sanitize.
(4)
					 Reassemble and sanitize equipment before use. Effective concentrations and
					 temperatures of suitable agents approved by the Department shall be used for
					 sanitizing.
(5) Prior to use, do
					 not handle any portion of equipment or containers which have been
					 sanitized.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.56 - Clearing lines and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When the same equipment is used for the processing, pasteurizing and packaging
					 of frozen desserts made with dairy products and frozen desserts made with
					 vegetable fats, oils or proteins, any remaining product shall be completely
					 removed from the lines and equipment. The equipment shall be rinsed with
					 potable water and sanitized before introducing the other product into the lines
					 and equipment.
(b) Equipment and
					 lines shall be sanitized at the end of each day's operations or before the
					 beginning of the following day's operations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › SANITATION › Section 39.57 - Water testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Samples for bacteriological testing of individual water supplies shall be taken
					 upon the initial approval of the supply, a frequency of not less than once
					 every 6 months thereafter and when any repair or alteration of the water supply
					 system has been made. Bacteriological examinations shall be conducted in a
					 laboratory acceptable to the Secretary.
(b) Records of water tests shall be kept on
					 file at each frozen dessert plant for at least 1 year.
This section cited in 7 Pa. Code §
													39.72 (relating to operating from
						  depot required).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › LABORATORY TESTS OF FROZEN DESSERTS › Section 39.61 - Sampling and testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 sampling and testing required in this section is the responsibility of the
					 frozen dessert licensee.
(b) Test
					 samples shall be collected by an approved sampler. Sample collection shall be
					 unannounced and shall be randomly scheduled by the laboratory.
(c) Representative samples of each type of
					 product shall be tested at least monthly. In case of new or seasonally produced
					 frozen desserts, bacteriological tests shall be made at least weekly until
					 three samples are analyzed, followed by monthly testing as applicable.
					 Exemption from initial weekly testing of seasonally produced frozen desserts
					 may be granted if reports of the last four analyses during the previous season
					 are on file with the frozen dessert licensee for review by the Department, to
					 determine conformity with §
											39.66(1) (relating
					 to penalty for violation of standards).
(d) In the case of nonpermit holders, samples
					 shall be collected from each barrel of each machine. In the case of new or
					 seasonally produced frozen desserts, bacteriological tests shall be made at
					 least weekly until three samples are analyzed, followed by monthly testing as
					 applicable. Exemption from initial weekly testing of seasonally produced frozen
					 desserts may be granted if the reports of the last four analyses during the
					 previous season are on file with the frozen dessert licensee for review by the
					 Department and the last four analyses during the previous season are in
					 compliance with §
											39.65 (relating to test
					 standards).
(e) For nonpermit
					 holders with multi-barrel machines, an identification system approved by the
					 Department shall be used to identify the barrels and machines and the
					 individual products.
This section cited at 7 Pa. Code §
													39.63 (relating to monthly
						  laboratory reports).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › LABORATORY TESTS OF FROZEN DESSERTS › Section 39.62 - Filing test results

Current through Register Vol. 54, No. 28, July 13, 2024
The results of required bacteriological and chemical test
						results shall be kept on file at each frozen dessert plant for at least 1 year.
						Reports shall be maintained in chronological order on forms approved by the
						Department, and they shall be available for inspection by the
						Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › LABORATORY TESTS OF FROZEN DESSERTS › Section 39.63 - Monthly laboratory reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pennsylvania Approved Dairy Laboratories
					 shall report all required analytical test results to the Department at least
					 weekly.
(b) The approved laboratory
					 shall immediately notify the Department of nonconforming adulteration test
					 results.
(c) A report shall contain
					 the following information:
(1) Time, date, and
					 temperature of product when collected.
(2) Name of approved sampler.
(3) Identification of the frozen dessert
					 licensee where samples were collected.
(4) Identification of the sample as to the
					 barrel and machine sampled from nonpermit holders as required in §
												39.61(e) (relating
					 to sampling and testing).
(5)
					 Required analytical information.
(6) Name of the laboratory performing the
					 work.
(7) Signature of the
					 Pennsylvania Approved Dairy Laboratory Director.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › LABORATORY TESTS OF FROZEN DESSERTS › Section 39.64 - Copies of test results

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee and those exempt from licensing under
						section 7(d) of The Frozen Dessert Law (31 P. S. §
												417-7(d)) shall be provided
						with copies of all sample results reported by the Pennsylvania Approved Dairy
						Laboratory within 10 days of the date of sampling.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › LABORATORY TESTS OF FROZEN DESSERTS › Section 39.65 - Test standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Standard plate count
. The count may not exceed 50,000 per
					 gram. Cultured products are exempt from this requirement.
(b)
Coliform group count
.
					 The count may not exceed 10 per gram except in products to which fruit, nuts or
					 bulky flavor is added after pasteurization when the count may not exceed 20 per
					 gram.
This section cited at 7 Pa. Code §
													39.61 (relating to sampling and
						  testing).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › LABORATORY TESTS OF FROZEN DESSERTS › Section 39.66 - Penalty for violation of standards

Current through Register Vol. 54, No. 28, July 13, 2024
Frozen dessert licensees and those exempt from licensing
						shall be liable for punitive action under section 10 of The Frozen Dessert Law
						(31
						P. S. §
												417-10) for the following
						reasons:
(1) If the standard for the
					 same flavor of the same type product is exceeded by three out of the last five
					 bacteria counts or coliform determinations.
(2) In the case of nonpermit holders, if the
					 standard for the same barrel of the same machine is exceeded by three out of
					 the last five bacteria counts or coliform determinations.
(3) If The Frozen Dessert Law (31 P. S. §
												§
												417-1-417-14) or this chapter are
					 violated.
This section cited in 7 Pa. Code §
													39.61 (relating to sampling and
						  examination).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › MOBILE UNITS AND DEPOTS › Section 39.71 - Minimum standards

Current through Register Vol. 54, No. 28, July 13, 2024
Mobile units shall comply with this chapter except that
						the absence of toilet facilities on units shall be permitted. Mobile units
						shall comply with this section.
(1)
Water supply
. A potable water supply shall be provided and
					 kept in a supply tank having a capacity of at least 20 gallons. The tank shall
					 be installed to permit complete drainage, and a suitable drain cock shall be
					 provided. The water inlet pipe shall be of removable flexible copper or other
					 approved tubing, with the nozzle for hose connection capped when not being
					 used. A hose for connection to the potable water supply shall be provided, and
					 it shall be equipped with an approved backflow prevention device.
(2)
Personnel sanitation
. A
					 hand wash sink, with running hot and cold water, soap and single service or
					 individual towels or mechanical hand dryer shall be provided.
(3)
Waste-water tank
. A
					 suitable waste-water tank with a capacity of at least 5 gallons greater than
					 the water supply tanks shall be provided. The tank shall be installed to permit
					 complete drainage and shall be provided with a suitable drain, emptied and
					 flushed as often as necessary, and shall be maintained in a sanitary
					 condition.
(4)
Refrigeration
. A refrigerated box capable of maintaining a
					 temperature not exceeding 45°F shall be provided for holding the various
					 ingredients or frozen desserts mix. The box shall be of ample capacity and of
					 stainless steel or other non-corrosive material. It shall be provided with
					 metal racks or platforms or shelves on which to store products or ingredients
					 and shall be equipped with an indicating thermometer.
(5)
Partition
. There shall
					 be a partition or self-closing doors between the driver's seat and the
					 manufacturing and serving area, unless an air conditioner is
					 operating.
(6)
Sticker
. In addition to the licensing requirements of section
					 7 of The Frozen Dessert Law (31 P. S. §
												417-7), each mobile unit shall bear a sticker
					 that contains the Pennsylvania Frozen Dessert License number. This sticker
					 shall be provided by the Department and shall be placed on the serving window
					 of the mobile unit.
(7)
Return to depot
. Mobile units that do not return to a depot
					 each evening shall be equipped with hot and cold water and a sink large enough
					 to accommodate the largest piece of equipment to be cleaned.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › MOBILE UNITS AND DEPOTS › Section 39.72 - Operating from depot required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 All mobile units, except those operated exclusively at fairs, outings,
					 carnivals and other affairs of short duration, shall operate from depots. The
					 depots shall be large enough to accommodate one or more mobile units for
					 cleaning and sanitizing.
(b) Units
					 shall return to their respective depots at least once a day for cleaning and
					 sanitizing.
(c) Depots shall comply
					 with the requirements in this subsection.
(1)
Walls
. Walls shall be reasonably smooth and clean. There shall
					 be no openings in the walls or at the base of doors where vermin or rodents may
					 enter.
(2)
Floors
.
					 The floors shall be constructed of impervious materials and shall be provided
					 with a drain and sloped to the drain. The juncture of the floor and walls shall
					 be coved.
(3)
Ventilation
. Adequate ventilation facilities shall be provided
					 and shall be screened or otherwise protected to prevent the entrance of flies,
					 other insects, vermin or rodents.
(4)
Personnel sanitation
.
					 Suitable toilet facilities, hand washing facilities equipped with hot and cold
					 running water, soap, single service towels or air dryers, clothes lockers and
					 garbage cans shall be provided.
(5)
Sink
. A sink large enough to accommodate the largest piece of
					 equipment to be washed, drain boards of impervious material and a sufficient
					 supply of hot and cold running water shall be provided.
(6)
Lighting
. Adequate
					 lighting shall be provided.
(7)
Hoses
. Hoses shall be equipped with a backflow prevention
					 device to eliminate possible contamination from return flow, and hoses shall be
					 stored to permit complete drainage and to avoid contamination.
(8)
Drying rack
. A metal
					 pipe drying rack or its equivalent for drying utensils and equipment shall be
					 provided.
(9)
Storage of
					 wastes
. Suitable covered storage facilities or containers for all
					 refuse and waste shall be provided. Refuse and waste shall be removed daily
					 from each depot.
(10)
Separation of areas
. A physical separation between the area
					 where the trucks are located and the area where food is stored shall be
					 required.
(11)
Storage of
					 food
. If frozen desserts, frozen desserts mix, flavors, syrups, fruit
					 and other edible materials are stored at a depot, they shall be stored in rooms
					 completely separated from rooms where cleaning and sanitizing are done. Food
					 materials shall be kept at temperatures necessary to prevent spoilage and under
					 conditions which will prevent contamination.
(12)
Water supply
. Depots
					 shall be equipped with an adequate supply of potable, hot and cold
					 water.
(13)
Depots
. Depots shall comply with §
												39.57 (relating to water
					 testing).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter A - PURPOSE; DEFINITIONS; ADOPTION OF MODEL FOOD CODE › Section 46.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to safeguard public health
						and ensure that consumers are provided food that is safe, unadulterated and
						honestly presented.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter A - PURPOSE; DEFINITIONS; ADOPTION OF MODEL FOOD CODE › Section 46.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes definitions; sets standards for
						management and personnel, food operations and equipment and facilities; and
						provides for retail food facility plan review, licensing, inspection and
						employee restriction.
The provisions of this §
													46.2 amended under the Retail Food
						  Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter A - PURPOSE; DEFINITIONS; ADOPTION OF MODEL FOOD CODE › Section 46.4 - Adoption of Model Food Code

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions, terms, procedures, appendices and
						standards in the current edition of the Model Food Code are adopted to the
						extent they do not conflict with one or more of the following:
(1) The Retail Food Facility Safety
					 Act.
(2) The Food Safety
					 Act.
(3) This chapter.
The provisions of this §
													46.4 issued under the Retail Food
						  Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter B - Reserved › Section 46.101 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													46.101 reserved under the Retail
						  Food Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter B - Reserved › Section 46.102 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													46.102 reserved under the Retail
						  Food Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter B - Reserved › Section 46.111-46.115 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §
													§
													46.111-46.115 reserved under the Retail
						  Food Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter B - Reserved › Section 46.131-46.137 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §
													§
													46.131-46.137 reserved under the Retail
						  Food Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter B - Reserved › Section 46.151-46.153 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §
													§
													46.151-46.153 reserved under the Retail
						  Food Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P. L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certfication Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter C - FOOD › Section 46.201 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													46.201 reserved under the Retail
						  Food Facility Safety Act,
						  3
						  Pa.C.S. §
														§
														5701-5714; the Food
						  Safety Act,
						  3
						  Pa.C.S. §
														§
														5721-5737; the act of
						  July 2, 1935 (P.L. 589, No. 210) (31 P. S. §
														§
														645-660g), known as the Milk Sanitation Law;
						  section 1705(d) of The Administrative Code of 1929 (71 P. S. §
														445(d)); and the Food
						  Employee Certification Act,
						  3
						  Pa.C.S. §
														§
														6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter C - FOOD › FOOD SOURCES › Section 46.211 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														46.211 reserved under the Retail
							 Food Facility Safety Act,
							 3
							 Pa.C.S. §
															§
															5701-5714; the Food
							 Safety Act,
							 3
							 Pa.C.S. §
															§
															5721-5737; the act of
							 July 2, 1935 (P.L. 589, No. 210) (31 P. S. §
															§
															645-660g), known as the Milk Sanitation Law;
							 section 1705(d) of The Administrative Code of 1929 (71 P. S. §
															445(d)); and the Food
							 Employee Certification Act,
							 3
							 Pa.C.S. §
															§
															6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter C - FOOD › FOOD SOURCES › Section 46.212 - Food prepared in a private home

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Food prepared
						in a private home may not be used or offered for human consumption in a retail
						food facility unless the private home meets the requirements of subsection (b)
						or (c).
(b)
Private home
						that is a registered food establishment.
Food prepared in a private
						home may be used or offered for human consumption in a retail food facility if
						the private home from which the food originates is registered with the
						Department as a food establishment under the Food Safety Act.
(c)
Private home that is exempt from
						licensure or inspection under the Retail Food Facility Safety Act.
Food prepared in a private home may be used or offered for human consumption in
						a retail food facility if the following apply:
(1) The food is not potentially hazardous
						food.
(2) 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 (26 U.S.C.A. §
															501(c)(3)).
(ii) A volunteer fire company or ambulance,
						religious, charitable, fraternal, veterans, civic, sportsmen, agricultural fair
						or agricultural association, or a separately chartered auxiliary of an
						association on a nonprofit 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 nonprofit basis.
(3) 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.
(i) Acceptable means of providing
						written notice include providing that notice on a menu, a menu board, separate
						signage posted in a location that is conspicuous for consumers to view or on
						individual food product labels.
(ii) The written notice must clearly
						communicate that the food has been prepared in a private home that is not
						licensed or inspected. Phrases such as "These baked goods originate from
						private homes that are not government-licensed or government-inspected," "The
						food offered on this table comes from private homes that are not licensed or
						inspected" and "Food offered in this bake sale has been prepared in private
						homes that are not licensed or inspected" meet this requirement. Persons may
						submit proposed written notice language to the Department or other licensor, as
						applicable, for review.
(4) The food is donated to an organization
						described under paragraph (2).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter C - FOOD › FOOD SOURCES › Section 46.213-46.216 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §
														§
														46.213-46.216 reserved under the Retail
							 Food Facility Safety Act,
							 3
							 Pa.C.S. §
															§
															5701-5714; the Food
							 Safety Act,
							 3
							 Pa.C.S. §
															§
															5721-5737; the act of
							 July 2, 1935 (P.L. 589, No. 210) (31 P. S. §
															§
															645-660g), known as the Milk Sanitation Law;
							 section 1705(d) of The Administrative Code of 1929 (71 P. S. §
															445(d)); and the Food
							 Employee Certification Act,
							 3
							 Pa.C.S. §
															§
															6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter C - FOOD › FOOD SOURCES › Section 46.217 - Milk and milk products

Current through Register Vol. 54, No. 28, July 13, 2024
Milk and milk products may be offered for human
						  consumption in a retail food facility if the facility complies with section 2
						  of the Milk Sanitation Law (31 P. S. §
													646).
The provisions of this §
														46.217 amended under the Retail
							 Food Facility Safety Act,
							 3
							 Pa.C.S. §
															§
															5701-5714; the Food
							 Safety Act,
							 3
							 Pa.C.S. §
															§
															5721-5737; the act of
							 July 2, 1935 (P.L. 589, No. 210) (31 P. S. §
															§
															645-660g), known as the Milk Sanitation Law;
							 section 1705(d) of The Administrative Code of 1929 (71 P. S. §
															445(d)); and the Food
							 Employee Certification Act,
							 3
							 Pa.C.S. §
															§
															6501-6510.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter C - FOOD › FOOD SOURCES › Section 46.218-46.222 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §
														§
														46.218-46.222 reserved under the Retail
							 Food Facility Safety Act,
							 3
							 Pa.C.S. §
															§
															5701-5714; the Food
							 Safety Act,
							 3
							 Pa.C.S. §
															§
															5721-5737; the act of
							 July 2, 1935 (P.L. 589, No. 210) (31 P. S. §
															§
															645-660g), known as the Milk Sanitation Law;
							 section 1705(d) of The Administrative Code of 1929 (71 P. S. §
															445(d)); and the Food
							 Employee Certification Act,
							 3
							 Pa.C.S. §
															§
															6501-6510.