Subchapter H. ADMINISTRATIVE PROCEDURES
ACCESS, APPROVALS AND VARIANCES Sec.
46.1101. Access to retail food facilities.
46.1102. Obtaining Department or licensor approval.
46.1103. Variances.
PLAN SUBMISSION AND APPROVAL
46.1121. Facility and operating plans.
46.1122. HACCP plans.
46.1123. Confidentiality of trade secrets.
46.1124. Preoperational inspection of construction.
REQUIREMENTS FOR OPERATION
46.1141. License requirement.
46.1142. Application procedure for appropriate license.
46.1143. Issuance.
46.1144. Conditions of retention: responsibilities of the retail food facility operator.
ACCESS, APPROVALS AND VARIANCES
§ 46.1101. Access to retail food facilities.
After the Department or licensor presents identification, the person in charge shall allow the Department or licensor to determine if the retail food facility is in compliance with this chapter by allowing access to the facility, allowing inspection and providing information and records specified in this chapter and to which the Department or licensor is entitled under the Retail Food Facility Safety Act and any other relevant statutory or food regulatory authority during the retail food facility’s hours of operation and other reasonable times if the facility is not open during normal business hours.
Authority The provisions of this § 46.1101 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 § 46.1101 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301702).
Cross References This section cited in 7 Pa. Code § 46.1144 (relating to conditions of retention: responsibilities of the retail food facility operator).
§ 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).
§ 46.1103. Variances.
(a) Modifications and waivers. The Department may grant a variance by modifying or waiving the requirements of this chapter if—in the opinion of the Department—a health hazard will not result from the variance. If a variance is granted, the Department will retain the information specified in subsection (b) in its records for the retail food facility and provide a copy of the approved variance to the licensor if the licensor is an entity other than the Department.
(b) Documentation of proposed variance and justification. Before a variance from a requirement of this chapter is approved, the information provided by the person requesting the variance and retained in the Department’s file on the retail food facility includes the following:
(1) A statement of the proposed variance of the chapter requirement citing relevant chapter section numbers.
(2) An analysis of the rationale for how the potential public health hazards addressed by the relevant chapter sections will be alternatively addressed by the proposal.
(3) An HACCP plan—if required as specified in § 46.1122(a)(1) (relating to HACCP plans)—that includes the information specified in § 46.1122(b) as it is relevant to the variance requested.
(c) Conformance with approved procedures. If the Department grants a variance as specified in subsection (a), or an HACCP plan is otherwise required as specified in § 46.1122(a), the retail food facility operator shall do the following:
(1) Comply with the HACCP plans and procedures that are submitted as specified in § 46.1122(b) and approved as a basis for the modification or waiver.
(2) Maintain and provide to the Department or licensor, upon request, records specified in § 46.1122(b)(4) and (5) that demonstrate that the following are routinely employed:
(i) Procedures for monitoring critical control points.
(ii) Monitoring of the critical control points.
(iii) Verification of the effectiveness of an operation or process.
(iv) Necessary corrective actions if there is failure at a critical control point.
Authority The provisions of this § 46.1103 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 § 46.1103 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301702) to (301703).
Cross References This section cited in 7 Pa. Code § 46.1124 (relating to preoperational inspection of construction); and 7 Pa. Code § 46.1144 (relating to conditions of retention: responsibilities of the retail food facility operator).
PLAN SUBMISSION AND APPROVAL
§ 46.1121. Facility and operating plans.
(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.
(b) Contents of the plans and specifications. The plans and specifications for a retail food facility shall include (as required by the Department or licensor based on the type of operation, type of food preparation and foods prepared) the following information to demonstrate conformance with this chapter:
(1) Intended menu and consumer advisory intentions, if a consumer advisory is required under Subpart 3-603 of the Model Food Code, regarding consumer advisory, for animal foods that are raw, undercooked or not otherwise processed to eliminate pathogens.
(2) Anticipated volume of food to be stored, prepared and sold or served.
(3) Proposed layout, mechanical schematics, construction materials and finish schedules.
(4) Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities and installation specifications.
(5) Source of water supply, means of sewage disposal and refuse disposal.
(6) An HACCP plan, if required under § 46.1122 (relating to HACCP plans).
(7) Other information that may be required by the Department or licensor for the proper review of the proposed construction, conversion or modification of a retail food facility, and requested by the Department or licensor in writing.
Authority The provisions of this § 46.1121 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 § 46.1121 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301704).
Cross References This section cited in 7 Pa. Code § 46.1122 (relating to HACCP plans); 7 Pa. Code § 46.1123 (relating to confidentiality of trade secrets); 7 Pa. Code § 46.1143 (relating to issuance); and 7 Pa. Code § 46.1144 (relating to conditions of retention: responsibilities of the retail food facility operator).
§ 46.1122. HACCP plans.
(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.
(2) A retail food facility applicant or retail food facility operator shall have a properly prepared HACCP plan as specified in Subpart 3-502 of the Model Food Code, regarding specialized processing methods, for reduced oxygen packaging.
(b) Contents of an HACCP plan. For a retail food facility that is required under subsection (a) to have an HACCP plan, the plan and specifications must indicate the following:
(1) A categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the Department or licensor.
(2) A flow diagram by specific food or category type identifying critical control points and providing information on the following:
(i) Ingredients, materials and equipment used in the preparation of that food.
(ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved.
(3) Food employee and supervisory training plan that addresses the food safety issues of concern.
(4) A statement of standard operating procedures for the plan under consideration including clearly identifying the following:
(i) Each critical control point.
(ii) The critical limits for each critical control point.
(iii) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge.
(iv) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points.
(v) Action to be taken by the person in charge if the critical limits for each critical control point are not met.
(vi) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed.
(5) Additional scientific data or other information, as required by the Department or licensor, supporting the determination that food safety is not compromised by the proposal.
Authority The provisions of this § 46.1122 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 § 46.1122 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301705) to (301706).
Cross References This section cited in 7 Pa. Code § 46.1103 (relating to variances); 7 Pa. Code § 46.1121 (relating to facility and operating plans); 7 Pa. Code § 46.1123 (relating to confidentiality of trade secrets); 7 Pa. Code § 46.1141 (relating to license requirement); and 7 Pa. Code § 46.1144 (relating to conditions of retention: responsibilities of the retail food facility operator).
§ 46.1123. Confidentiality of trade secrets.
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).
Authority 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.
Source The provisions of this § 46.1123 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301706).
§ 46.1124. Preoperational inspection of construction.
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.
Authority 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.
Source The provisions of this § 46.1124 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301706).
Cross References This section cited in 7 Pa. Code § 46.1143 (relating to issuance).
REQUIREMENTS FOR OPERATION
§ 46.1141. License requirement.
(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.
(c) License interval. A license certificate issued by the Department under this chapter sets forth the license expiration date. The license interval varies, in accordance with the risk-based factors identified in Subpart 8-401 of the Model Food Code, regarding frequency, and Annex 5 of the Model Food Code, regarding conducting risk-based inspections, as follows:
(1) 24-month license interval.
(i) The license interval is 24 months with a respect to a retail food facility that:
(A) Serves or sells only prepackaged, nonpotentially hazardous foods (nontime/temperature control for safety foods).
(B) Prepares only nonpotentially hazardous foods (nontime/temperature control for safety foods).
(C) Heats only commercially processed, potentially hazardous foods (time/temperature Control for Safety Food (TCS foods)) for hot holding.
(D) Does not cool potentially hazardous foods (TCS foods) for hot holding.
(ii) Examples of the type of retail food facility that would typically be subject to the 24-month license interval in subparagraph (i) are convenience store operations, hot dog carts and coffee shops.
(iii) The license interval for a retail food facility is 24 months if the retail food facility would otherwise be subject to the 18-month license interval in paragraph (2) but demonstrates to the Department, through historical documentation, that it has achieved and documented active managerial control of foodborne illness risk factors identified in Subpart 8-401 of the Model Food Code. These risk factors include:
(A) A history of noncompliance with provisions regarding foodborne illness risk factors or critical items.
(B) Specialized processes conducted.
(C) Food preparation a day in advance of service.
(D) Large numbers of people served.
(E) A history of foodborne illnesses or complaints, or both.
(F) Highly susceptible population served.
(iv) Active managerial control is achieved and documented when the conditions in subsection (d) are achieved by the licensee.
(2) 18-month license interval.
(i) The license interval is 18 months with respect to a retail food facility that:
(A) Has a limited menu.
(B) Prepares/cooks and serves most products immediately.
(C) May involve hot and cold holding of potentially hazardous foods (TCS foods) after preparation or cooking.
(D) Limits complex preparation of potentially hazardous foods (TCS foods) requiring cooking, cooling and reheating for hot holding to only a few potentially hazardous foods (TCS foods).
(ii) Examples of the type of retail food facility that would typically be subject to the 18-month license interval in subparagraph (i) are retail food store operations that have only a limited number of separate departments (such as deli, bakery, produce, seafood or meat areas), institutional facilities that do not serve a highly susceptible population and quick food service operations.
(iii) The license interval for a retail food facility is 18 months if the retail food facility would otherwise be subject to the 12-month license interval in paragraph (3) but demonstrates to the Department, through historical documentation, that it has achieved and documented active managerial control of the foodborne illness risk factors in paragraph (1).
(iv) The license interval for a retail food facility is 18 months if the retail food facility would otherwise be subject to the 24-month license interval in paragraph (1), but the retail food facility is newly-licensed or has not yet demonstrated to the Department, through historical documentation, that it has achieved and documented active managerial control of the foodborne illness risk factors in paragraph (1). Active managerial control is achieved and documented when the conditions in subsection (d) are achieved by the licensee.
(3) 12-month license interval.
(i) The license interval is 12 months with respect to a retail food facility that:
(A) Has an extensive menu that entails handling of raw ingredients.
(B) Has complex preparation including cooking, cooling and reheating for hot holding that involves many potentially hazardous foods (TCS foods).
(C) Uses a variety of processes that require hot and cold holding of potentially hazardous food (TCS food).
(ii) Examples of the type of retail food facility that would typically be subject to the 12-month license interval in subparagraph (i) are full service restaurants or retail food stores with a full range of separate departments (such as deli, bakery, produce, seafood or meat areas) that include ready-to-eat foods from a caf[eacute], salad bar or hot food bar.
(iii) The license interval for a retail food facility is 12 months if the retail food facility would otherwise be subject to the 6-month license interval in paragraph (4) but demonstrates to the Department, through historical documentation, that it has achieved and documented active managerial control of the foodborne illness risk factors in paragraph (1).
(iv) The license interval for a retail food facility is 12 months if the retail food facility would otherwise be subject to the 18-month license interval in paragraph (2), but the retail food facility is newly-licensed or has not yet demonstrated to the Department, through historical documentation, that it has achieved and documented active managerial control of the foodborne illness risk factors in paragraph (1). Active managerial control is achieved and documented when the conditions in subsection (d) are achieved by the licensee.
(4) 6-month license interval.
(i) The license interval is 6 months with respect to a retail food facility that serves a highly susceptible population or that conducts specialized processes such as smoking, curing or reduced oxygen packaging to extend shelf life.
(ii) Examples of the type of retail food facility that would typically be subject to the 6-month license interval in subparagraph (i) are preschools, hospitals, nursing homes and establishments conducting processing at retail.
(iii) The license interval for a retail food facility is 6 months if the retail food facility would otherwise be subject to the 12-month license interval in paragraph (3) but the retail food facility is newly-licensed or has not yet demonstrated to the Department, through historical documentation, that it has achieved and documented active managerial control of the foodborne illness risk factors in paragraph (1). Active managerial control is achieved and documented when the conditions in subsection (d) are achieved by the licensee.
(d) Achieving and documenting active managerial control. Active managerial control is achieved and documented when all of the following conditions are met:
(1) The previous three inspections of the retail food facility, conducted at the appropriate risk-based licensing inspection interval as described in subsection (c), document through the licensee’s inspection reports that:
(i) The retail food facility was in overall compliance.
(ii) There have not been repeats of previously-identified risk-factor violations among those three inspection reports.
(iii) If an HACCP plan is required under § 46.1122 (relating to HACCP plans), there have not been violations of that HACCP plan.
(2) Within the previous three inspections of the retail food facility, conducted at the appropriate risk-based licensing inspection interval as described in subsection (c), there have been no founded consumer complaints regarding food safety.
(3) Within the previous three inspections of the retail food facility, conducted at the appropriate risk-based licensing inspection interval as described in subsection (c), there have been no reported and confirmed incidents of foodborne illness associated with the facility.
(4) The retail food facility is in compliance with the Food Employee Certification Act.
(5) The retail food facility has written procedures that, at a minimum, address all risk factors if the facility does one or more of the following:
(i) Serves large numbers of people or prepares food a day in advance, or both, such as a retail food facility at a sports stadium, entertainment complex, conference center, banquet hall or offsite catering facility.
(ii) Serves transient groups of people such as a mobile retail food facility or temporary food facility at a fair or event.
(iii) Serves consumers which are a highly susceptible population, such as a preschool, nursing home or hospital.
Authority The provisions of this § 46.1141 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 § 46.1141 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301706) to (301707).
§ 46.1142. Application procedure for appropriate license.
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.
Authority 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.
Source The provisions of this § 46.1142 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301707).
Cross References This section cited in 7 Pa. Code § 46.1121 (relating to facility and operating plans); and 7 Pa. Code § 46.1143 (relating to issuance).
§ 46.1143. Issuance.
(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.
(b) License renewal. The retail food facility operator of an existing retail food facility shall submit an application, the required fee and be in compliance with this chapter prior to issuance of a renewed license by the Department or a licensor.
(c) Change of ownership. Licenses are nontransferable. New owners shall apply to the Department or licensor in accordance with § 46.1142 (relating to application procedure for appropriate license).
Authority The provisions of this § 46.1143 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 § 46.1143 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301707) to (301708).
§ 46.1144. Conditions of retention: responsibilities of the retail food facility operator.
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.
(9) Comply with directives of the Department or licensor including time frames for corrective actions specified in inspection reports, notices, orders, warnings and other directives issued by the Department or licensor in regard to the operator’s retail food facility or in response to community emergencies.
(10) Accept notices issued and served by the Department or licensor according to the Retail Food Facility Safety Act.
(11) Remit a fee owed the Department under section 5703(j) of the Retail Food Facility Safety Act (relating to license required) within the time prescribed by the Department.
(12) Remit a civil penalty assessed against the retail food facility operator under the Retail Food Facility Safety Act or this chapter within 30 days of the later of either of the following:
(i) The effective date of the final adjudication assessing the civil penalty.
(ii) The expiration of the applicable deadline by which the final adjudication could be appealed to an appellate court of the Commonwealth.
Authority The provisions of this § 46.1144 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 § 46.1144 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (301708) to (301709).
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