Pennsylvania Administrative Code

§ 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) Potentia…

§ 37.3. Internal product temperature. (a) The internal product temperature of frozen food shall be maintained at 0°F or lower except when the product is subjected to the conditions provided in § 37.2 (relating to air temperature). When the frozen food is subjected to such conditi…

PLANT LAYOUT § 37.31. Product preparation and processing. (a) Product preparation and processing (including freezing) departments shall be of sufficient size to permit the installation of all necessary equipment with ample space for plant operations, and with unobstructed truckwa…

§ 37.32. Preparatory operations areas. (a) Raw material storage rooms and areas where preparatory operations, such as washing and peeling of fruits and vegetables and the evisceration of poultry, are carried on shall be separate from areas where frozen food is formulated, process…

§ 37.33. Refrigeration facilities. Facilities for holding products under refrigeration until processed shall be provided.

§ 37.34. Quick freezing facilities. (a) Whenever facilities for quick freezing the processed product are used, they shall be so located as to be convenient to the food processing and packaging departments. (b) Ample freezer storage shall be provided, located conveniently to the q…

§ 37.35. Waste storage rooms. (a) Separate rooms for storing inedible materials such as fruit and vegetable peels, and feathers and bones pending removal from the plant, shall be provided in a location convenient to the various preparation and processing areas. (b) Waste storage …

§ 37.36. Storage of packaging and labeling materials. Packaging and labeling materials shall be stored in an area separate from but convenient to the packaging department, except that small quantities of such supplies which are necessary for maintaining continuity of operations m…

§ 37.37. Facilities for inedible products. Facilities for inedible products and catch basins, shall be located so as to avoid objectionable conditions affecting the preparation and handling of edible products.

§ 37.38. Cleaning room. A separate room or area and the proper facilities for cleaning equipment such as trays, hand trucks and implements, shall be provided in a location convenient to the processing department. A power exhaust system shall be provided to dispel steam and vapors…

§ 37.39. Dockage areas. (a) Dockage areas shall be of adequate size, constructed of impervious materials and so drained as to minimize the entrance into the plant of dust, dirt and other contaminants from the receiving and shipping operations. (b) If live animals are received a s…

§ 37.4. Scope. This chapter shall not apply to articles subject to the requirements of Chapter 39 (relating to frozen desserts standards).

§ 37.40. Dressing rooms; toilet rooms. (a) — (1) Well located, properly ventilated dressing rooms and toilet rooms of ample size shall be provided for employes. (2) Dressing rooms shall be separated from adjoining toilet rooms by tight, full height walls or partitions. (3) Toilet…

§ 37.41. Eating. Employes shall not eat in food processing or packaging areas.

PLANT CONSTRUCTION § 37.51. Floors. Floors shall be constructed of durable material which is easily cleaned and skid resistant. Where floors are wet cleaned, they shall be sloped to drain.

§ 37.52. Walls. (a) Interior walls shall be constructed of smooth, cleanable, surfaces applied to a suitable base. (b) Dressed lumber shall be used for exposed interior wood-work. Exposed wood surfaces shall be finished with nontoxic oil or plastic paint or treated with hot linse…

§ 37.53. Ceilings. Ceilings shall be of adequate height and of smooth, cleanable material.

§ 37.54. Window ledges. Window ledges shall be sloped at least 45° to the interior to promote sanitation.

§ 37.55. Rodents; vermin. (a) Frozen food plants and warehouses shall be so constructed as to be rodent resistant. (b) Exterior window and door openings shall be equipped with effective insect and rodent screens. Where doors in outside walls of food handling areas are used for lo…

§ 37.56. Stairs. Stairs in product handling departments shall be constructed with solid treads and closed risers and shall have side curbs of similar material, which shall be 6 inches high as measured at the front edge of the tread.

§ 37.57. Refrigerator doors. (a) Refrigerator doors and jambs shall be covered with rust-resisting metal securely affixed to the doors and jambs. (b) Joints necessary for installation shall be welded, soldered or otherwise effectively sealed. (c) The juncture of the metal coverin…

§ 37.58. Variations from requirements. The requirements for building materials listed in this chapter represent minimum requirements. Variations shall be acceptable provided the substitutions are equal to or exceed minimum requirements.

PLUMBING AND FLOOR DRAINAGE § 37.61. Wet processing areas. (a) Floors shall be sloped and drains functionally located to provide adequate drainage. (b) In wet processing areas the type and size of floor drains and sanitary sewage lines used and the method of installing such facil…

§ 37.62. Hand washing facilities. (a) Hand washing facilities shall be located conveniently to all locations where products are prepared and processed. (b) Lavatories shall be supplied with the following: (1) Hot and cold or warm running water. (2) Powdered or liquid soap in a su…

§ 37.63. Sterilizers. Where sterilizers are required they shall be large enough to allow complete immersion of tools and other implements. Sterilizing facilities shall have the following: (1) A water line. (2) A means of heating the water. (3) An overflow outlet. (4) A means of e…

LIGHTING; VENTILATION § 37.71. Work rooms and dressing rooms. (a) Work rooms and employe dressing rooms shall have means for furnishing adequate natural light, which may be accomplished by having windows or skylights of an area approximately 25% that of the floor area. (b) Ventil…

§ 37.72. Fresh air intakes. (a) Fresh air intakes for mechanical ventilation systems shall be equipped with effective replaceable filters to prevent the entrance of airborne contaminants. (b) Fresh air intakes shall be located well away from power exhaust system discharges and ot…

§ 37.73. General light intensities. (a) The general light intensities in product preparation, processing and packaging areas shall be not less than 20 foot-candles as measured 30 inches above the floor. (b) Where detailed visual tasks are required to assure a safe, wholesome prod…

GENERAL PROVISIONS § 37.81. Application. The specifications of this subchapter shall apply only to equipment acquired after this June 10, 1964. Processing equipment in existence on June 10, 1964, may be utilized, unless it constitutes an immediate health hazard. In modifying or r…

§ 37.82. Coverage. These specifications shall apply to the design, materials, construction and installation of equipment used in the processing, holding, and packaging of ready-to-eat frozen food and the processing and holding of gravies, coating batters, and other food ingredien…

§ 37.83. Compliance with Federal regulations. Certain articles or materials may be subject to the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 301 et seq.), and clearance for their use may require compliance with that act. Nothing in this Ch…

§ 37.84. Design. Design, materials, construction and installation of frozen food equipment shall be easily accessible for cleaning and sanitizing.

§ 37.85. Disassembly for cleaning. In order to encourage the cleaning of equipment, the time factor and the ease of disassembly are important considerations. The unit of equipment shall contain the fewest number of parts to permit easy reassembly by unskilled labor following clea…

EQUIPMENT CLASSIFICATION § 37.91. Group A. Equipment in Group A shall be used for the processing, conveying, holding, refrigeration and packaging of gravies, coating batters or other food ingredients containing eggs, milk or broth, alone or in combination with other food ingredie…

§ 37.92. Group B. Equipment in Group B shall be used in the processing, holding and conveying of foods or food ingredients which are intended to be incorporated in ready-to-eat frozen food. This group includes, but is not limited to, the following: (1) Reservoirs. (2) Holding tan…

§ 37.93. Group C. Equipment in Group C shall be used in the manufacture of ready-to-eat frozen food, but applicable standards are not available.

MISCELLANEOUS § 39.1. Scope. This chapter applies to frozen desserts. Wholesale manufacturers of frozen desserts shall also comply with Chapter 59 (relating to milk sanitation). Source The provisions of this § 39.1 adopted March 25, 1970; amended June 29, 1984, effective June 30,…

STANDARDS FOR FROZEN DESSERTS § 39.11. Temporary marketing permit. Frozen desserts to be sold in this Commonwealth shall conform with established definitions and standards of identity, except that a person holding a current Pennsylvania frozen dessert license who wishes to manufa…

§ 39.12. Ice cream and frozen custard. (a) Description. (1) Ice cream is a food produced by freezing, while stirring, a pasteurized mix consisting of one or more of the optional dairy ingredients specified in subsection (b). Ice cream may contain one or more of the optional casei…

§ 39.13. Lactose reduced ice cream. (a) Lactose reduced ice cream is the product resulting from the treatment of ice cream, as defined in § 39.12 (relating to ice cream and frozen custard), by the addition of safe and suitable enzymes to convert sufficient amounts of lactose to g…

§ 39.14. Goat’s milk ice cream. (a) Description. Goat’s milk ice cream is the food prepared in the same manner prescribed in § 39.12 (relating to ice cream and frozen custard), for ice cream, and complies with § 39.12 except that the only optional dairy ingredients that may be us…

§ 39.15. Ice milk. (a) Description. Ice milk is the food prepared from the same ingredients and in the same manner prescribed in § 39.12 (relating to ice cream and frozen custard) for ice cream and complies with § 39.12 including the requirements for label statement of optional i…

§ 39.16. Lactose reduced ice milk. (a) Lactose reduced ice milk is the product resulting from the treatment of ice milk, as defined in § 39.15 (relating to ice milk) by the addition of safe and suitable enzymes to convert sufficient amounts of lactose to glucose and galactose so …

§ 39.17. Goat’s milk ice milk. (a) Goat’s milk ice milk is the food prepared in the same manner prescribed in § 39.14 (relating to goat’s milk ice cream), for goat’s milk ice cream, except that subsection (c) shall not apply. Goat’s milk ice milk shall comply with all the require…

§ 39.18. Sherbet. (a) Description. (1) Sherbet is a food produced by freezing, while stirring, a pasteurized mix consisting of one or more of the optional dairy ingredients specified in subsection (b), and may contain one or more of the optional caseinates specified in subsection…

§ 39.19. Nonfruit sherbet. (a) Description. (1) Nonfruit sherbet is a food having a characteristic fruit flavor, but it shall not contain any fruit or fruit juice. Nonfruit sherbet is prepared by freezing while stirring pasteurized mix consisting of one or more of the optional da…

§ 39.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Approved sampler—A person certified by the Department to obtain samples of milk or milk products, including frozen desserts,…