reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › PLAN SUBMISSION AND APPROVAL › Section 46.1121 - Facility and operating plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
When plans are required.
A retail food facility licensing
						applicant or retail food facility operator shall have plans and specifications
						reviewed by the Department or licensor and shall submit these properly prepared
						plans and specifications (as described in subsection (b)) to the Department or
						licensor for review and approval using the procedure described in §
												46.1142 (relating to application
						procedure for appropriate license) before any of the following:
(1) The construction of a retail food
						facility.
(2) The conversion of an
						existing structure for use as a retail food facility.
(3) The remodeling of a retail food facility
						(including installation and use of any new major food equipment for heating,
						cooling, and hot and cold holding food) or a change of type of retail food
						facility or food operation if the Department or licensor determines that plans
						and specifications are necessary to ensure compliance with this
						chapter.
(4) A change of ownership
						of a retail food facility.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › PLAN SUBMISSION AND APPROVAL › Section 46.1122 - HACCP plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
When an HACCP plan is required.
(1) Before engaging in an activity that
						requires an HACCP plan, a retail food facility applicant or retail food
						facility operator shall submit to the Department or licensor for approval a
						properly prepared HACCP plan as specified in subsection (b) and the relevant
						provisions of this chapter if any of the following occurs:
(i) Submission of an HACCP plan is required
						according to applicable Federal or State laws.
(ii) A variance is required as specified in
						Subpart 8-201 of the Model Food Code, regarding facility and operating
						plans.
(iii) The Department or
						licensor determines that a food preparation or processing method requires a
						variance based on a plan submittal specified in §
														46.1121(b)
						(relating to facility and operating plans), an inspectional finding or a
						variance request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › PLAN SUBMISSION AND APPROVAL › Section 46.1123 - Confidentiality of trade secrets

Current through Register Vol. 54, No. 28, July 13, 2024
The Department or licensor will treat as confidential
						  information that meets the criteria specified in law for a trade secret and is
						  contained on inspection report forms and in the plans and specifications
						  submitted as specified in §
												§
												46.1121(b) and
						  46.1122(b)
						  (relating to facility and operating plans; and HACCP plans).
The provisions of this §
														46.1123 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 H - ADMINISTRATIVE PROCEDURES › PLAN SUBMISSION AND APPROVAL › Section 46.1124 - Preoperational inspection of construction

Current through Register Vol. 54, No. 28, July 13, 2024
The Department or licensor will conduct one or more
						  preoperational inspections to verify that the retail food facility is
						  constructed and equipped in accordance with the approved plans and approved
						  modifications of those plans, and variances granted under §
												46.1103 (relating to variances).
						  The Department or licensor will also verify the retail food facility is
						  otherwise in compliance with this chapter and the Retail Food Facility Safety
						  Act.
The provisions of this §
														46.1124 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.
This section cited in 7 Pa. Code §
														46.1143 (relating to
							 issuance).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › REQUIREMENTS FOR OPERATION › Section 46.1141 - License requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirement.
A person may not operate a retail food
						facility without a valid license issued by the Department or licensor, unless
						otherwise provided in subsection (b).
(b)
Exemptions.
The
						following retail food facilities are exempt from licensure requirements under
						the Retail Food Facility Safety Act but remain subject to the inspection
						provisions and all other provisions of the Retail Food Facility Safety Act:
(1) A retail food facility in which only
						prepackaged, nonpotentially hazardous food or beverages are sold.
(2) A retail food facility that sells only
						raw agricultural commodities.
(3) A
						retail food facility that is exempt from licensure by an order of the Secretary
						that has been published in the
Pennsylvania Bulletin
in
						accordance with section 5703(b)(1) of the Retail Food Facility Safety Act
						(relating to license required) if the licensor is the Department.
(4) A retail food facility that is exempt
						from licensure by an order of the local government unit or units having
						licensing authority in accordance with section 5703(b)(1) of the Retail Food
						Facility Safety Act if the licensor is an entity other than the
						Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › REQUIREMENTS FOR OPERATION › Section 46.1142 - Application procedure for appropriate license

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to the opening of a retail food facility, the
						  operator shall contact the Department or licensor to obtain the appropriate
						  application form for the required license. The Department or licensor will
						  supply the applicant with the appropriate form, based upon the type of retail
						  food facility involved.
The provisions of this §
														46.1142 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.
This section cited in 7 Pa. Code §
														46.1121 (relating to facility and
							 operating plans); and 7 Pa. Code §
														46.1143 (relating to
							 issuance).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › REQUIREMENTS FOR OPERATION › Section 46.1143 - Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
New,
						converted or remodeled retail food facilities.
For retail food
						facilities that are required to submit plans as specified in §
												46.1121(a)
						(relating to facility and operating plans), the Department or licensor will
						issue a license to the applicant after the following occur:
(1) The required plans, specifications and
						information are reviewed and approved.
(2) A preoperational inspection, as described
						in §
													46.1124 (relating to preoperational
						inspection of construction), shows that the facility is built or remodeled in
						accordance with the approved plans and specifications and that the facility is
						in compliance with this chapter.
(3) A properly completed application is
						submitted.
(4) The required fee is
						submitted.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter H - ADMINISTRATIVE PROCEDURES › REQUIREMENTS FOR OPERATION › Section 46.1144 - Conditions of retention: responsibilities of the retail food facility operator

Current through Register Vol. 54, No. 28, July 13, 2024
To retain a license issued by the Department or
						  licensor under this chapter, a retail food facility operator shall do the
						  following:
(1) Post the license in a
						location in the retail food facility that is conspicuous to consumers and the
						Department or licensor.
(2) Comply
						with this chapter-including the conditions of a granted variance as specified
						in §
												46.1103(c)
						(relating to variances)-and approved plans as specified in §
												46.1121(b)
						(relating to facility and operating plans).
(3) If a retail food facility is required in
						§
												46.1122(a)
						(relating to HACCP plans) to operate under an HACCP plan, comply with the plan
						as specified in § 46.1103(c).
(4) Immediately contact the Department or
						licensor to report an illness of a food employee as specified in Subpart 2-201
						of the Model Food Code, regarding responsibilities of permit holder, person in
						charge, food employees, and conditional employees.
(5) Immediately discontinue operations and
						notify the Department or licensor if an imminent health hazard may exist
						because of an emergency such as a fire, flood, extended interruption of
						electrical or water service, sewage backup, misuse of poisonous or toxic
						materials, onset of an apparent foodborne illness outbreak, gross unsanitary
						occurrence or condition, or other circumstance that may endanger public health.
						A retail food facility operator does not need to discontinue operations in an
						area of a facility that is unaffected by the imminent health hazard.
(6) Not resume operations discontinued in
						accordance with paragraph (5) or otherwise according to the Retail Food
						Facility Safety Act until approval is obtained from the Department or
						licensor.
(7) Allow representatives
						of the Department or licensor access to the retail food facility as specified
						in §
												46.1101 (relating to access to
						retail food facilities).
(8) Except
						as specified in paragraph (9), replace existing facilities and equipment with
						facilities and equipment that comply with this chapter if either of the
						following occurs:
(i) The Department or
						licensor directs the replacement because the facilities and equipment
						constitute a public health hazard or no longer comply with the criteria upon
						which the facilities and equipment were accepted.
(ii) The facilities and equipment are
						replaced in the normal course of operation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 46 - FOOD CODE › Subchapter I - FOOD EMPLOYEE CERTIFICATION ACT COMPLIANCE › Section 46.1201 - Food Employee Certification Act compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Statutory requirement.
The Food Employee Certification Act requires that a retail food facility have
					 at least one employee who holds a valid certificate present at the retail food
					 facility or immediately accessible at all hours of operation and who is the
					 person in charge of the retail food facility when physically present and on
					 duty.
(b)
General
					 recognition of certification programs.
For purposes of compliance with
					 the Food Employee Certification Act, the Department recognizes 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. A certificate of completion of a program is a "certificate" for
					 purposes of the requirement in subsection (a) and is adequate proof of
					 compliance.
(c)
Posting of
					 certificate.
A retail food facility shall post the original
					 certificate of its certified employee in public view at its business
					 location.
(d)
List of
					 acceptable certification programs.
The Department will maintain a
					 current list of Department-recognized certification programs. The Department
					 will:
(1) Publish the current list in the
Pennsylvania Bulletin
annually and when the list is
					 revised.
(2) Post the current list
					 on the Department's web site at
www.agriculture.state.pa.us
.
(3) Provide a copy of the current list upon
					 request directed to the Department's Bureau of Food Safety and Laboratory
					 Services at (717) 787-4315 or the following mailing address:
Pennsylvania Department of Agriculture Bureau of Food
						Safety and Laboratory Services ATTN: Food Employee Certification 2301 North
						Cameron Street Harrisburg, Pennsylvania 17110-9408
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter A - GENERAL PROVISIONS › Section 49.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
A person who processes, distributes, ships, transports,
						stores, offers for sale or sells shellfish in this Commonwealth shall comply
						with this chapter and the NSSP Model Ordinance. The NSSP Model Ordinance can be
						viewed at
www.cfsan.fda.gov/[tilde
						]ear/nss2-toc.html
.
The provisions of this §
													49.2 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter A - GENERAL PROVISIONS › Section 49.3 - Certification and compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 dealer may not engage commercially in the wholesale sale, shipping, processing,
					 purchasing or selling of shellfish without the following:
(1) Compliance with this chapter, the NSSP
					 Model Ordinance and the Food Act.
(2) Application for and receipt of a valid
					 shellfish facility certificate from the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter A - GENERAL PROVISIONS › Section 49.4 - Records and labeling

Current through Register Vol. 54, No. 28, July 13, 2024
A dealer shall maintain complete, accurate and legible
						transaction records which provide the information necessary to trace purchases
						and sales of shellfish back to their source. A dealer shall keep and retain
						records and maintain product labeling in compliance with the standards and
						requirements of this chapter and the NSSP Model Ordinance and the Food Act.
						Current HACCP plans for molluscan shellfish shall be readily available and
						easily identified for the Department.
The provisions of this §
													49.4 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
This section cited in 7 Pa. Code §
													49.18 (relating to packing of
						  shucked shellfish).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter A - GENERAL PROVISIONS › Section 49.5 - Inspection and sampling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department may inspect facilities falling under this chapter to ascertain
					 compliance or noncompliance with this chapter.
(b) After the Department's personnel present
					 identification, the shellfish facility operator and its personnel shall allow
					 the Department to determine if the shellfish facility is in compliance with
					 this chapter by allowing Department personnel access to the shellfish facility,
					 allowing inspection and providing information and records to which the
					 Department is entitled under the Food Act or this chapter, during the shellfish
					 facility's hours of operation and other reasonable times if the facility is not
					 open during normal business hours.
(c) The Department and its employees and
					 agents may also conduct inspections whenever a person presents information to
					 the Department giving the Department reason to believe that there exists a
					 violation of this chapter, of a shellfish facility certification issued under
					 this chapter, or of orders issued by the Department.
(d) The Department and its authorized agents
					 may secure samples of shellfish and processed shellfish products for laboratory
					 examination from any lot of shellfish and will be permitted to examine the
					 records of the facility to obtain information pertaining to shellfish
					 harvested, purchased, received, processed, sold, held, distributed or shipped,
					 and to personnel employed.
(e) The
					 Department or its authorized agent is authorized to detain a shellfish product
					 if there is cause to believe it is adulterated or misbranded. It is unlawful to
					 remove or dispose of a detained product without a determination of the
					 Secretary, in accordance with section 6 of the Food Act (31 P. S. §
												20.6), authorizing the removal or
					 disposition.
(f) Laboratory
					 analyses to be performed shall be conducted in accordance with the most current
					 edition of the following:
(1) The American
					 Public Health Association's Recommended Laboratory Procedures for the
					 Examination of Seawater and Shellfish.
(2) The United States Food and Drug
					 Administration's Bacteriological Analytical Manual.
(3) Official Methods of Analysis of the
					 Association of Official Analytical Chemists.
(4) Compendium of Methods for the
					 Microbiological Examination of Foods, compiled by the American Public Health
					 Association's Technical Committee on Microbiological Methods for
					 Foods.
(5) Standard Methods for the
					 Examination of Water and Wastewater, prepared and published jointly by the
					 American Public Health Association.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter A - GENERAL PROVISIONS › Section 49.6 - Source

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dealer in
					 this Commonwealth may not have in his possession for processing, offer for sale
					 or sell shellfish unless the shellfish have been obtained from interstate
					 dealers who are listed in the United States Food and Drug Administration's
					 Interstate Certified Shellfish Shippers List, or intraState dealers certified
					 by the Department.
(b) A dealer who
					 knowingly or willfully alters or damages or loans or transfers to another
					 dealer a shellfish facility certification number or shellfish tags, or a dealer
					 who uses the shellfish facility certification number or shellfish tags other
					 than the dealer to whom it was issued, is in violation of this
					 chapter.
The provisions of this §
													49.6 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter A - GENERAL PROVISIONS › Section 49.7 - Freight-forwarders

Current through Register Vol. 54, No. 28, July 13, 2024
A freight-forwarder shall maintain shellfish (other than
						frozen shellfish) at an ambient temperature of 45° Fahrenheit while being
						transported. A freight-forwarder shall maintain shell fish (other than frozen
						shellfish) at an ambient temperature of 45° Fahrenheit when maintained in a
						staging or layover area for more than 1 hour.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter C - CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES › Section 49.31 - Submission of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever a
					 shellfish processing, depuration or controlled purification facility is
					 constructed, remodeled or altered and whenever an existing structure is
					 converted to use as a shellfish processing, depuration or controlled
					 purification facility, properly prepared plans and specifications for the
					 construction, remodeling or conversion shall be submitted to the Department for
					 review and approval before construction, remodeling or conversion is
					 begun.
(b) The plans and
					 specifications must indicate the proposed layout, arrangement, mechanical plans
					 and construction materials of work areas and the type and model of proposed
					 fixed equipment and facilities. A shellfish processing facility, depuration or
					 controlled purification plant may not be constructed, remodeled, altered or
					 converted unless the plans and specifications are first approved by the
					 Department. The approval will be based on compliance with this chapter and NSSP
					 Model Ordinance.
The provisions of this §
													49.31 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter C - CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES › Section 49.35 - Ventilation

Current through Register Vol. 54, No. 28, July 13, 2024
A room in which shellfish are processed, stored or
						handled shall be well ventilated to minimize odors, noxious fumes, vapors and
						condensation. The operation of cooking, heating or ventilation equipment may
						not create conditions that may cause shellfish to become contaminated and may
						not create an unlawful discharge.
The provisions of this §
													49.35 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter C - CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES › Section 49.36 - Locker area

Current through Register Vol. 54, No. 28, July 13, 2024
Adequate facilities shall be provided for the orderly
						storage of employe clothing and personal belongings.
The provisions of this §
													49.36 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.41 - Water supply

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Potable
					 water of sufficient quantity to meet the needs of the shellfish facility shall
					 be provided from a source approved by the Department or be under permit from
					 the Department of Environmental Protection. Water quality must meet the
					 requirements of 25 Pa. Code Chapter 109 (relating to safe drinking water).
					 Noncommunity water supplies shall be designed, constructed and operated in
					 accordance with the Department of Environmental Protection's Bureau of Water
					 Supply and Community Health Manual and 25 Pa. Code Chapter 109.
(b) Hot and cold water under pressure shall
					 be provided to each plumbing fixture used for cleaning, washing or sanitizing
					 purposes in:
(1) Areas where shellfish are
					 processed.
(2) Areas where
					 equipment, utensils or containers are cleaned.
(3) Sanitary facilities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.42 - Plumbing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plumbing must
					 be designed, constructed and installed in accordance with Chapter 3 of the
					 Pennsylvania Construction Code Act (35 P. S. §
												§
												7201.301-7201.304), in a manner that prevents
					 contamination of the water supply or the creation of an unsanitary
					 condition.
(b) There may be no
					 cross-connections between the approved pressure water supply and water from a
					 nonapproved source. There may be no fixtures or connections through which the
					 approved pressure supply might be contaminated by backsiphonage. When required,
					 adequate devices shall be installed to protect fixtures and equipment against
					 backflow and backsiphonage.
(c)
					 Blower drains may not be directly connected with the sewers, but shall have a
					 minimum air gap of 4 inches. Corrosion resistant piping having square sanitary
					 threads shall be used to a point of 2 inches above the overflow level of the
					 tank and so constructed as to be easily cleanable.
(d) Drains or waste lines may not be located
					 above shellfish storage or processing areas.
The provisions of this §
													49.42 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.43 - Toilet facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least one conveniently-located toilet facility shall be provided for employees.
					 There need not be a separate toilet facility for each gender.
(b) Toilet rooms shall be ventilated by a
					 direct opening to the outer air or by a mechanical ventilating
					 system.
(c) Toilet facilities,
					 including rooms and fixtures, shall be kept in a clean condition and in good
					 repair at all times.
(d) The doors
					 of toilet rooms shall be tight fitting and self-closing, and the rooms may not
					 open directly into processing areas.
(e) Toilet tissue shall be provided. Easily
					 cleanable receptacles shall be provided for waste materials. The receptacles in
					 toilet rooms shall be covered.
The provisions of this §
													49.43 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.44 - Hand wash sinks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hand wash
					 sinks shall be provided, adequate in number and size for the number of
					 employees, convenient to work areas and equipped with cold and hot running
					 water. Hot water of at least the minimum temperature required by the NSSP Model
					 Ordinance shall be provided from a hot and cold mixing or combination faucet.
					 Hand wash sinks shall be located within or immediately adjacent to toilets and
					 within processing areas.
(b) Hand
					 cleansing soap or detergent and approved sanitary towels or other approved
					 hand-drying devices shall be provided at hand wash sinks.
(c) Three-compartment sinks used for washing
					 and sanitizing equipment and utensils may not be used for
					 handwashing.
The provisions of this §
													49.44 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.45 - Sewage

Current through Register Vol. 54, No. 28, July 13, 2024
Sewage disposal systems shall be approved by the local
						authority and must comply with 25 Pa. Code Chapters 71, 73 and 243 (relating to
						the administration of sewage facilities planning program; standards for onlot
						sewage treatment facilities; and nuisances), and The Clean Streams Law
						(35
						P. S. §
												§
												691.1-691.1001).
The provisions of this §
													49.45 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.46 - Garbage and refuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Garbage and
					 refuse shall be kept in leakproof, nonabsorbent containers which shall be kept
					 covered with tight-fitting lids when filled or stored, or when not in
					 continuous use. The containers are not required to be covered when stored in a
					 special vermin proofed room or enclosure, or in a waste refrigerator. Other
					 refuse shall be stored in containers, rooms or areas in an approved
					 manner.
(b) Adequate cleaning
					 facilities shall be provided and each container, room or area shall be
					 thoroughly cleaned after the emptying or removal of garbage and
					 refuse.
(c) Garbage and refuse
					 shall be disposed of with sufficient frequency and in a manner to prevent
					 contamination of shellfish and surrounding processing areas.
(d) Outside garbage and refuse storage areas
					 or enclosures shall be large enough to store the garbage and refuse containers
					 that accumulate and shall be kept clean. Garbage and refuse containers,
					 dumpsters and compactor systems located outside shall be stored on or above a
					 smooth surface of nonabsorbent material such as concrete or machine-laid
					 asphalt that is kept clean and maintained in good repair.
(e) Disposal of garbage and refuse shall
					 conform to section 201 of the Solid Waste Management Act (35 P. S. §
												6018.201).
The provisions of this §
													49.46 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
This section cited in 7 Pa. Code §
													49.51 (relating to
						  shucking).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter D - SHELLFISH PROCESSING: SANITARY FACILITIES AND CONTROLS › Section 49.47 - Insect and rodent control

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Safe and effective measures shall be used to prevent the entry of insects,
					 rodents and other vermin, and to kill and capture insects and vermin which
					 enter the facility despite other control measures.
(b) Openings to the outside shall be
					 effectively protected against the entry of vermin and insects by tight-fitting,
					 self-closing doors, closed windows, effective screening, controlled air
					 curtains or other means. Screening material may not be less than 16 mesh per
					 inch.
(c) Necessary internal insect
					 and vermin control measures shall be used, and the measures shall be in
					 compliance with State and Federal regulations. The use of insecticides and
					 rodenticides is permitted only under precautions and restrictions that will
					 prevent the contamination of shellfish or packaging materials with illegal
					 residues, and cause no health hazards to employes.
(d) The storage and use of pesticides in a
					 shellfish facility shall be prohibited unless used in full compliance with the
					 manufacturer's label or used under the control of a certified pesticide
					 applicator.
The provisions of this §
													49.47 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter E - SHUCKING AREA AND EQUIPMENT › Section 49.51 - Shucking

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only clean,
					 live shellstock, kept separate from different sources, maintained at the
					 required temperature, and received from an approved source, shall be shucked.
					 Shellfish with badly broken shells shall be discarded.
(b) Shellfish shall be shucked in a manner
					 that will not subject the shucked meat to contamination.
(c) The use of "dip" buckets for hand or
					 knife rinsing is prohibited.
(d) A
					 shellfish shucker may not go into or through the packing room for any purpose,
					 except when the shucker operates in a dual shucking packing capacity. If the
					 shucker is operating in a dual capacity, the shucker shall first change to
					 clean clothing and thoroughly wash his hands and exposed portions of his
					 arms.
(e) Shells from which
					 shellfish meats have been removed, and other nonedible materials shall be
					 removed promptly from the shucking area and disposed of consistent with §
											49.46 (relating to garbage and
					 refuse).
The provisions of this §
													49.51 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter E - SHUCKING AREA AND EQUIPMENT › Section 49.52 - Shucking benches and tables

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Shucking benches and tables shall be designed and constructed of impervious,
					 noncorrosive material, smooth and free from cracks and crevices, and sloped to
					 a drain. Benches shall drain completely and rapidly, and drainage shall be
					 directed away from stored shellfish.
(b) Shucking blocks shall be of solid piece
					 construction, easily cleanable, fabricated from safe material and free from
					 cracks and crevices.
The provisions of this §
													49.52 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter E - SHUCKING AREA AND EQUIPMENT › Section 49.53 - Utensils and equipment construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Food contact surfaces of utensils and
					 equipment, including those used for the handling of ice, must be designed to be
					 easily cleaned, kept in good repair and constructed of safe material.
(b) The "Shellfish Industry Equipment
					 Construction Guides," developed for use with the Public Health
					 Service-States-Industry Cooperative Program for the Certification of Interstate
					 Shellfish Shippers, as appended to the "Guide for the Control of Molluscan
					 Shellfish" (developed under the purview of the Interstate Shellfish Sanitation
					 Conference and published by the United States Department of Health and Human
					 Services; Public Health Services; Food and Drug Administration) is incorporated
					 by reference. The "Shellfish Industry Equipment Construction Guide" can be
					 viewed at
www.cfsan.fda.gov/[tilde
					 ]ear/nss2-43a.html
.
(c)
					 Equipment and utensils must be designed, installed and operated in accordance
					 with the "Shellfish Industry Equipment Construction Guide," and the standards
					 and criteria established by the National Sanitation Foundation, unless
					 otherwise established by this chapter.
(d) Devices which use compressed air to
					 circulate wash water around and through the product, must be properly designed
					 and constructed as to be easily dismantled for cleaning, examination and
					 repair. The design and construction will be approved by the Department. Blowers
					 shall follow the guidelines of the "Shellfish Industry Equipment Construction
					 Guide."
(e) Single service articles
					 or containers must be made from clean, sanitary, safe materials and may not
					 impart odors, color or taste, or contribute to the contamination of shellfish.
					 Articles and packages intended for single service use may not be
					 reused.
(f) Pots, pans and utensil
					 washers must be designed, constructed, installed, maintained and operated to
					 comply with the manufacturer's instructions and in accordance with the
					 applicable standards for commercial spray-type washing machines established by
					 the National Sanitation Foundation.
The provisions of this §
													49.53 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter E - SHUCKING AREA AND EQUIPMENT › Section 49.54 - Bactericidal treatment of utensils and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Adequate cleaning facilities, including
					 three-compartment sinks, or utensil washing machines, brushes, detergents,
					 sanitizers, hot water and pressure hoses shall be available for use within the
					 shellfish facility for proper cleaning and sanitizing of equipment and
					 utensils.
(b) Shucking benches and
					 stools, shucking blocks, tables, skimmers, blowers, colanders, buckets or other
					 equipment used in the processing operation shall be cleaned and sanitized as
					 frequently as necessary during and at the end of each day's
					 operation.
(c) If there is a need
					 for a slop sink or device to discard liquid waste, the sink or device shall be
					 provided in addition to the three-compartment sink. Cleaning wastes may not be
					 emptied into sinks used for hand washing, or the processing of shellfish or the
					 cleaning and sanitizing of utensils.
(d) A three-compartment sink shall be used
					 for the manual washing and sanitizing of equipment and utensils. Equipment and
					 utensils shall be thoroughly washed in a warm detergent solution which is kept
					 reasonably clean, rinsed free of the solution and sanitized.
(e) Equipment too large or impractical to
					 treat by the methods in subsection (c) or (d) may be cleaned, followed by
					 spraying or swabbing the equipment with a chemical sanitizing solution of at
					 least twice the minimum strength required for the particular sanitizing
					 solution when used for immersion sanitization. This may be accomplished by
					 either of the following systems:
(i) A
					 clean-out-of-place system (C.O.P.) that allows the equipment to be moved (for
					 cleaning purposes) from the position in which it is ordinarily used.
(ii) A central cleaning system that pipes a
					 supply of hot or cold water, with or without chemicals, to a number of cleaning
					 stations placed throughout the shellfish processing area.
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter E - SHUCKING AREA AND EQUIPMENT › Section 49.55 - Equipment and utensil handling and storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Adequate storage facilities shall be
					 provided for equipment and utensils which have been cleaned and
					 sanitized.
(b) Single-use
					 containers and covers shall be kept in original cartons until used, kept clean
					 and dry until used and stored off the floor and away from walls to facilitate
					 inspecting and cleaning the area.
(c) Unused equipment and materials not
					 necessary to facility operation may not be stored in rooms used for shellstock
					 storage, shucking, packing, repacking or in equipment and container store
					 rooms.
The provisions of this §
													49.55 issued under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter E - SHUCKING AREA AND EQUIPMENT › Section 49.56 - General maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Shellfish processing facilities shall be kept in good condition and cleaned as
					 necessary to maintain sanitary conditions. Cleaning operations may not cause
					 contamination of shellfish and food-contact surfaces. Supplies used in the
					 cleaning and sanitizing operations shall be safe and effective for that
					 purpose.
(b) Only authorized
					 equipment and persons shall be permitted in the shellfish processing area.
					 Dogs, cats, birds or other animals or unauthorized persons may not be allowed
					 in areas of the shellfish facility that are used for processing, holding,
					 storing or transporting of shellfish except that patrol dogs accompanying
					 security or police officers are permitted.
The provisions of this §
													49.56 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).
Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 49 - SHELLFISH › Subchapter F - EMPLOYEE HEALTH AND CLEANLINESS › Section 49.61 - Health

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person, while
					 infected with a disease in a communicable form that can be transmitted by foods
					 or who is a carrier of organisms that cause such a disease, or while afflicted
					 with a boil, an infected wound or an acute respiratory infection, may not work
					 in a shellfish facility in a capacity in which there is a likelihood of the
					 person contaminating food or food-contact surfaces with pathogenic organisms or
					 transmitting disease to other persons.
(b) An owner or manager who has reason to
					 suspect that an employee has contracted a communicable disease shall
					 immediately notify the Department. Pending appropriate action by the health
					 officials, the employee shall be excluded from the facility.
The provisions of this §
													49.61 amended under the act of May
						  23, 1945 (P. L. 926, No. 369) (35 P. S. §
														§
														655.1-655.13); and sections 1917-A and 1920-A
						  of The Administrative Code of 1929 (71 P. S. §
														§
														510-17 and
						  510-20).