Subchapter D. SHELLFISH PROCESSING:
SANITARY FACILITIES AND CONTROLS
Sec.
49.41. Water supply.
49.42. Plumbing.
49.43. Toilet facilities.
49.44. Hand wash sinks.
49.45. Sewage.
49.46. Garbage and refuse.
49.47. Insect and rodent control.§ 49.41. Water supply.
(a) Potable water of sufficient quantity to meet the needs of the shellfish facility shall be provided from a source approved by the Department or be under permit from the Department of Environmental Protection. Water quality must meet the requirements of 25 Pa. Code Chapter 109 (relating to safe drinking water). Noncommunity water supplies shall be designed, constructed and operated in accordance with the Department of Environmental Protection’s Bureau of Water Supply and Community Health Manual and 25 Pa. Code Chapter 109.
(b) Hot and cold water under pressure shall be provided to each plumbing fixture used for cleaning, washing or sanitizing purposes in:
(1) Areas where shellfish are processed.
(2) Areas where equipment, utensils or containers are cleaned.
(3) Sanitary facilities.
Authority The provisions of this § 49.41 issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.41 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial page (217579).
§ 49.42. Plumbing.
(a) Plumbing must be designed, constructed and installed in accordance with Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § § 7201.301—7201.304), in a manner that prevents contamination of the water supply or the creation of an unsanitary condition.
(b) There may be no cross-connections between the approved pressure water supply and water from a nonapproved source. There may be no fixtures or connections through which the approved pressure supply might be contaminated by backsiphonage. When required, adequate devices shall be installed to protect fixtures and equipment against backflow and backsiphonage.
(c) Blower drains may not be directly connected with the sewers, but shall have a minimum air gap of 4 inches. Corrosion resistant piping having square sanitary threads shall be used to a point of 2 inches above the overflow level of the tank and so constructed as to be easily cleanable.
(d) Drains or waste lines may not be located above shellfish storage or processing areas.
Authority The provisions of this § 49.42 issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.42 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial page (217580).
§ 49.43. Toilet facilities.
(a) At least one conveniently-located toilet facility shall be provided for employees. There need not be a separate toilet facility for each gender.
(b) Toilet rooms shall be ventilated by a direct opening to the outer air or by a mechanical ventilating system.
(c) Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair at all times.
(d) The doors of toilet rooms shall be tight fitting and self-closing, and the rooms may not open directly into processing areas.
(e) Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials. The receptacles in toilet rooms shall be covered.
Authority The provisions of this § 49.43 issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.43 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial pages (217580) and (237815).
§ 49.44. Hand wash sinks.
(a) Hand wash sinks shall be provided, adequate in number and size for the number of employees, convenient to work areas and equipped with cold and hot running water. Hot water of at least the minimum temperature required by the NSSP Model Ordinance shall be provided from a hot and cold mixing or combination faucet. Hand wash sinks shall be located within or immediately adjacent to toilets and within processing areas.
(b) Hand cleansing soap or detergent and approved sanitary towels or other approved hand-drying devices shall be provided at hand wash sinks.
(c) Three-compartment sinks used for washing and sanitizing equipment and utensils may not be used for handwashing.
Authority The provisions of this § 49.44 issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.44 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial page (237815).
§ 49.45. Sewage.
Sewage disposal systems shall be approved by the local authority and must comply with 25 Pa. Code Chapters 71, 73 and 243 (relating to the administration of sewage facilities planning program; standards for onlot sewage treatment facilities; and nuisances), and The Clean Streams Law (35 P. S. § § 691.1—691.1001).
Authority The provisions of this § 49.45 issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.45 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial page (237815).
§ 49.46. Garbage and refuse.
(a) Garbage and refuse shall be kept in leakproof, nonabsorbent containers which shall be kept covered with tight-fitting lids when filled or stored, or when not in continuous use. The containers are not required to be covered when stored in a special vermin proofed room or enclosure, or in a waste refrigerator. Other refuse shall be stored in containers, rooms or areas in an approved manner.
(b) Adequate cleaning facilities shall be provided and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse.
(c) Garbage and refuse shall be disposed of with sufficient frequency and in a manner to prevent contamination of shellfish and surrounding processing areas.
(d) Outside garbage and refuse storage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean. Garbage and refuse containers, dumpsters and compactor systems located outside shall be stored on or above a smooth surface of nonabsorbent material such as concrete or machine-laid asphalt that is kept clean and maintained in good repair.
(e) Disposal of garbage and refuse shall conform to section 201 of the Solid Waste Management Act (35 P. S. § 6018.201).
Authority The provisions of this § 49.46 issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.46 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155.
Cross References This section cited in 7 Pa. Code § 49.51 (relating to shucking).
§ 49.47. Insect and rodent control.
(a) Safe and effective measures shall be used to prevent the entry of insects, rodents and other vermin, and to kill and capture insects and vermin which enter the facility despite other control measures.
(b) Openings to the outside shall be effectively protected against the entry of vermin and insects by tight-fitting, self-closing doors, closed windows, effective screening, controlled air curtains or other means. Screening material may not be less than 16 mesh per inch.
(c) Necessary internal insect and vermin control measures shall be used, and the measures shall be in compliance with State and Federal regulations. The use of insecticides and rodenticides is permitted only under precautions and restrictions that will prevent the contamination of shellfish or packaging materials with illegal residues, and cause no health hazards to employes.
(d) The storage and use of pesticides in a shellfish facility shall be prohibited unless used in full compliance with the manufacturer’s label or used under the control of a certified pesticide applicator.
Authority The provisions of this § 49.47 amended under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.47 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial pages (237816) and (217583).
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