Subchapter G. RETAIL
EQUIPMENT Sec.
37.201. Temperature of storage facilities.
37.202. Storage cabinets.
37.203. Walk-in freezers.
37.204. Frozen food display cases.
37.205. Defrosting.
37.206. Display cases.
37.207. Product load line.
37.208. Separators in display cases.
37.209. Air currents; heat elements.
HANDLING PRACTICES
37.211. Acceptance of products.
37.212. Receipt of frozen foods.
37.213. Storage facilities.
37.214. Storage; display.
37.215. End of compliance.
37.216. Preordered frozen foods.
EQUIPMENT
§ 37.201. Temperature of storage facilities.
Storage facilities shall be equipped with suitable mechanical refrigeration capacity to maintain, under extreme outside temperature and peak load conditions, an air temperature of 0°F or lower.
§ 37.202. Storage cabinets.
When storage facilities of cabinet type are used they shall be all of the following:
(1) Defrosted as frequently as necessary to maintain refrigeration efficiently specified.
(2) Equipped with a thermometer indicating a representative air temperature.
§ 37.203. Walk-in freezers.
When storage facilities of walk-in freezer type are used the following requirements shall apply:
(1) Frozen food in storage shall be on dunnage, pallets, racks or skids, and shall be stored so as to permit free circulation of refrigerated air.
(2) The facility shall be equipped with a thermometer, the sensing element of which shall be located within the upper third of the distance between floor and ceiling. The sensing elements shall not be placed in a direct blast of air from cooling units, cooling coils and heat exchange devices, or near the entrance door.
(3) The facility shall be equipped with an automatic mechanism for defrosting refrigerated coils when forced air blower refrigeration is used.
§ 37.204. Frozen food display cases.
Frozen food display cases shall be designed, constructed and equipped with mechanical refrigeration facilities capable of maintaining an air temperature of 0°F or lower.
§ 37.205. Defrosting.
Frost on refrigerator coils and in air passages of display cases shall be re- moved as frequently as necessary to maintain refrigeration efficiency of 0°F or below.
§ 37.206. Display cases.
Each display case shall be equipped with a thermometer, the sensing element of which shall be located in an appropriate place within the path of refrigerated air being returned to the coils.
§ 37.207. Product load line.
The product load line shall be designated by a distinctive line at inside terminal ends of each display case, and such lines shall be at the highest point of discharge and return of refrigerated air.
§ 37.208. Separators in display cases.
Separators in display cases shall be located a minimum of one-half inch from terminal ends to provide for free circulation of refrigerated air between the terminal ends and the displayed product.
§ 37.209. Air currents; heat elements.
Display cases in retail outlets shall be so placed as to be relatively free of all of the following:
(1) Air current resulting from door drafts, electric fans, and other factors that adversely deflect the current of refrigerated air within the display case.
(2) Heat elements such as lights, heating units, and related devices that tend to raise the temperature of refrigerated air within the display case.
HANDLING PRACTICES
§ 37.211. Acceptance of products.
Frozen food shall not be accepted for delivery by a retail outlet when the internal product temperature exceeds 0°F, except as provided in § § 37.2 and 37.3 (relating to air temperature; and internal product temperature). When frozen food is accepted under this exception the retail outlet shall duly record that fact, preferably on the bill of lading or the delivery ticket.
§ 37.212. Receipt of frozen foods.
(a) All frozen food received at a retail outlet shall be placed in storage facilities without undue delay.
(b) Retail outlets shall employ the first-in, first-out basis of inventory.
§ 37.213. Storage facilities.
Retail outlets shall be equipped with storage facilities of sufficient cubic displacement to accommodate the storage of frozen food.
§ 37.214. Storage; display.
(a) Frozen food shall not be placed above the product food lines within any display case.
(b) Frozen food in retail outlets shall be stored and displayed under good sanitary conditions.
§ 37.215. End of compliance.
(a) Obligations for compliance with this chapter shall cease at the time of retail sale or when the ultimate purchaser takes custody of the product.
(b) A product shall be understood to be in the custody of the purchaser when some one else takes a delivery from a retail outlet at the request of the purchaser.
§ 37.216. Preordered frozen foods.
Frozen food that is preordered by the ultimate consumer may be sold at internal temperatures exceeding 0°F but not exceeding 45°F provided all of the following are met:
(1) A pickup time and date is announced to potential customers.
(2) Potential customers are advised on the sales invoice that food is subject to possible quality and perishable degradation when internal product temperature exceeds 0°F and the products are not to be resold.
(3) Frozen foods are limited to foods that do not support the rapid and progressive growth of pathogenic micro-organisms.
(4) Foods are not to be resold to other parties.
(5) Written permission is received from the Department.
(6) Frozen foods arrive at the pickup location with an internal temperature of 0°F or below except as provided in § 37.142 (relating to minimum temperature requirements).
Authority The provisions of this § 37.216 issued under act of May 13, 1909 (P. L. 520, No. 292) (31 P. S. § § 3 and 7); and section 1705 of The Administrative Code of 1929 (71 P. S. § 455).
Source The provisions of this § 37.216 adopted December 5, 1980, effective December 6, 1980, 10 Pa.B. 4591.
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