Subchapter C. FOOD
Sec.
46.201. [Reserved].
FOOD SOURCES
46.211. [Reserved].
46.212. Food prepared in a private home.
46.213—46.216. [Reserved].
46.217. Milk and milk products.
46.218—46.222. [Reserved].
46.241—46.251. [Reserved].
46.261. [Reserved].
46.262. [Reserved].
46.281—46.286. [Reserved].
46.301—46.307. [Reserved].
46.321—46.323. [Reserved].
46.341—46.344. [Reserved].
46.361—46.366. [Reserved].
46.381—46.385. [Reserved].
46.401. [Reserved].
46.402. [Reserved].
46.421—46.423. [Reserved].
46.441. [Reserved].
46.461. [Reserved].§ 46.201. [Reserved].
Authority 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.
Source The provisions of this § 46.201 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301606).
FOOD SOURCES
§ 46.211. [Reserved].
Authority 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.
Source The provisions of this § 46.211 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301606) to (301607).
§ 46.212. Food prepared in a private home.
(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).
Authority The provisions of this § 46.212 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 § 46.212 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301607).
§ § 46.213—46.216. [Reserved].
Authority 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.
Source The provisions of these § § 46.213—46.216 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301607) to (301608).
§ 46.217. Milk and milk products.
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).
Authority 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.
Source The provisions of this § 46.217 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301608).
§ § 46.218—46.222. [Reserved].
Authority 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.
Source The provisions of these § § 46.218—46.222 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301608) to (301610).
§ § 46.241—46.251. [Reserved].
Authority The provisions of these § § 46.241—46.251 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.
Source The provisions of these § § 46.241—46.251 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301611) to (301615).
§ 46.261. [Reserved].
Authority The provisions of this § 46.261 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.
Source The provisions of this § 46.261 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301615) to (301616).
§ 46.262. [Reserved].
Authority The provisions of this § 46.262 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.
Source The provisions of this § 46.262 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301617).
§ § 46.281—46.286. [Reserved].
Authority The provisions of these § § 46.281—46.286 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.
Source The provisions of these § § 46.281—46.286 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301617) to (301619).
§ § 46.301—46.307. [Reserved].
Authority The provisions of these § § 46.301—46.307 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.
Source The provisions of these § § 46.301—46.307 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301619) to (301622).
§ § 46.321—46.323. [Reserved].
Authority The provisions of these § § 46.321—46.323 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.
Source The provisions of these § § 46.321—46.323 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301622) to (301623).
§ § 46.341—46.344. [Reserved].
Authority The provisions of these § § 46.341—46.344 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.
Source The provisions of these § § 46.341—46.344 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301623) to (301624).
§ § 46.361—46.366. [Reserved].
Authority The provisions of these § § 46.361—46.366 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.
Source The provisions of these § § 46.361—46.366 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301624) to (301629).
§ § 46.381—46.385. [Reserved].
Authority The provisions of these § § 46.381—46.385 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.
Source The provisions of these § § 46.381—46.385 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301629) to (301633).
§ 46.401. [Reserved].
Authority The provisions of this § 46.401 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.
Source The provisions of this § 46.401 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301633) to (301634).
§ 46.402. [Reserved].
Authority The provisions of this § 46.402 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.
Source The provisions of this § 46.402 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301634) to (301635).
§ § 46.421—46.423. [Reserved].
Authority The provisions of these § § 46.421—46.423 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.
Source The provisions of these § § 46.421—423 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301635) to (301637).
§ 46.441. [Reserved].
Authority The provisions of this § 46.441 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.
Source The provisions of this § 46.441 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301637) to (301638).
§ 46.461. [Reserved].
Authority The provisions of this § 46.461 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.
Source The provisions of this § 46.461 reserved April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301638) to (301639).
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