Subchapter A. PURPOSE; DEFINITIONS; ADOPTION OF
MODEL FOOD CODE
Sec.
46.1. Purpose.
46.2. Scope.
46.3. Definitions.
46.4. Adoption of Model Food Code.§ 46.1. Purpose.
The purpose of this chapter is to safeguard public health and ensure that consumers are provided food that is safe, unadulterated and honestly presented.
§ 46.2. Scope.
This chapter establishes definitions; sets standards for management and personnel, food operations and equipment and facilities; and provides for retail food facility plan review, licensing, inspection and employee restriction.
Authority The provisions of this § 46.2 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 § 46.2 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial page (356765).
§ 46.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Bed and breakfast homestead or inn—A private residence which contains ten or fewer bedrooms used for providing overnight accommodations to the public, and in which breakfast is the only meal served and is included in the charge for the room.
Conference for Food Protection—An independent National voluntary nonprofit organization to promote food safety and consumer protection. Participants in this organization include Federal, state and local regulatory agencies, universities, test providers, certifying organizations, consumer groups, food service and retail store trade associations, and retail food facility operators. The objectives of the organization include identifying and addressing food safety problems and promoting uniformity of regulations in food protection.
Department—The Department of Agriculture of the Commonwealth. The term is synonymous with the term ‘‘regulatory authority’’ in Subpart 1-201 of the Model Food Code, regarding applicability and terms defined.
Drinking water, potable water or water—Safe drinking water as defined in the Pennsylvania Safe Drinking Water Act (35 P. S. § § 721.1—721.17). The term does not include water such as boiler water, mop water, rainwater, wastewater and ‘‘nondrinking’’ water.
Employee—The license holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement or other person working in a retail food facility.
Food—An article used for food or drink by humans, including chewing gum and articles used for components of any article. The term does not include medicines and drugs.
Food Employee Certification Act—3 Pa.C.S. § § 6501—6510 (relating to Food Employee Certification Act).
Food establishment—(i) A room, building or place or portion thereof or vehicle maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing, transporting or handling food.
(ii) The term excludes retail food facilities, retail food establishments, public eating and drinking places, and those portions of establishments operating exclusively under milk or milk products permits.
(iii) The term is synonymous with the term ‘‘food processing plant’’ in Subpart 1-201 of the Model Food Code.
Food Safety Act—3 Pa.C.S. § § 5721—5737 (relating to Food Safety Act).
HACCP—Hazard Analysis Critical Control Point—A system developed by the National Advisory Committee on Microbiological Criteria for Foods that identifies and monitors specific foodborne hazards that can adversely affect the safety of the food products.
License—A grant to a proprietor to operate a retail food facility. The term is synonymous with the term ‘‘permit’’ in Subpart 1-201 of the Model Food Code.
Licensee—The person, (such as a retail food facility operator), who is directly responsible for the operation of a retail food facility and holds a current license. The term is synonymous with the term ‘‘permit holder’’ in Subpart 1-201 of the Model Food Code.
Licensor—The term includes the following:(i) The county department of health or joint-county department of health, whenever the retail food facility is located in a political subdivision which is under the jurisdiction of a county department of health or joint-county department of health.
(ii) The health authorities of cities, boroughs, incorporated towns and first-class townships, whenever the retail food facility is located in a city, borough, incorporated town or first-class township not under the jurisdiction of a county department of health or joint-county department of health.
(iii) The health authorities of second class townships and second class townships which have adopted a home rule charter which elect to issue licenses under the Retail Food Facility Safety Act whenever a retail food facility is located in a second class township or second class township which has adopted a home rule charter not under the jurisdiction of a county department of health or joint-county department of health.
(iv) The Department, whenever the retail food facility is located in any other area of this Commonwealth.
Milk Sanitation Law—The act of July 2, 1935 (P. L. 589, No. 210) (31 P. S. § § 645—660g).
Model Food Code—The most current edition of the Food Code published by the Department of Health and Human Services, Food and Drug Administration.
Organized camp—A combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults with social, recreational and educational objectives that is operated and used for 5 consecutive days or more during one or more seasons of the year.
Person in charge—A person designated by a retail food facility operator to be present at a retail food facility and responsible for the operation of the retail food facility at the time of inspection.
Proprietor—A person, partnership, association or corporation conducting or operating a retail food facility in this Commonwealth. The term is synonymous with the term ‘‘person’’ in Subpart 1-201 of the Model Food Code.
Public eating or drinking place—A place within this Commonwealth where food or drink is served to or provided for the public, with or without charge. The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.
Raw agricultural commodity—A food in its raw or natural state, including fruits which are washed, colored or otherwise treated in their unpeeled, natural form prior to marketing.
Retail food establishment—(i) An establishment which stores, prepares, packages, vends, offers for sale or otherwise provides food for human consumption and which relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or delivery service provided by common carriers.
(ii) The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.
Retail food facility—A public eating or drinking place or a retail food establishment. The term is synonymous with the term ‘‘food establishment’’ in Subpart 1-201 of the Model Food Code.
Retail food facility operator—The entity that is legally responsible for the operation of the retail food facility, such as the owner, owner’s agent or other person.
Retail Food Facility Safety Act—3 Pa.C.S. § § 5701—5714 (relating to Retail Food Facility Safety Act).
Secretary—The Secretary of the Department or an authorized representative, employee or agent of the Department.
Authority The provisions of this § 46.3 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 § 46.3 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (356765) to (356766), (301579) to (301592) and (356767).
Cross References This section cited in 7 Pa. Code § 59a.2 (relating to definitions).
§ 46.4. Adoption of Model Food Code.
The provisions, terms, procedures, appendices and standards in the current edition of the Model Food Code are adopted to the extent they do not conflict with one or more of the following:
(1) The Retail Food Facility Safety Act.
(2) The Food Safety Act.
(3) This chapter.
Authority The provisions of this § 46.4 issued 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 § 46.4 adopted April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220.
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