7 Pa. Code § 46.1144. Conditions of retention: responsibilities of the retail food facility operator.

§ 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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