§ 46.1102. Obtaining Department or licensor approval.
(a) General. This section describes the process by which a person may obtain an approval from the Department or a licensor required by another provision of this chapter.
(b) Written request. A person seeking an approval from the Department or a licensor under this chapter shall submit a written request for approval to the entity from which approval is sought. If approval is sought from the Department, the written request shall be mailed or delivered to the following address:
Pennsylvania Department of Agriculture Bureau of Food Safety and Laboratory Services 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408
(c) Contents of request. The written request for approval described in subsection (b) must specify the provision of this chapter under which approval is sought, the reason approval is sought and relevant documentation in support of the request.
(d) Processing a request. The Department or licensor will, within 30 days of receipt of a written request for approval under this section, mail or otherwise provide the requester with a written grant or denial of the request, or a specific request for additional information. If a written request for additional information is made, the Department or licensor will have an additional 30 days from the date it receives the additional information within which to mail or otherwise provide the requester with a written grant or denial of the request.
(e) Standard for approval. The Department or licensor will grant approval if it determines the approval would not constitute or cause a violation of the Retail Food Facility Safety Act or this chapter, and that no health hazard would result from the approval.
Authority The provisions of this § 46.1102 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.
Source The provisions of this § 46.1102 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301702).
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