Pennsylvania Administrative Code

§ 405.5. General procedures for collecting samples. (a) Upon request, the Commission Veterinarian, Commission investigators and any other person designated to take samples for the Commission shall provide proper identification and disclose the purpose of the sampling to the owner…

§ 405.6. Procedures for collecting samples from horses located outside the jurisdiction. The Commission may arrange for the sampling of an out-of-state horse by requesting that the selected horse be brought to a designated racetrack or other location in this Commonwealth within 2…

§ 405.7. Analysis and use of collected samples. (a) The Commission may have out-of-competition samples tested to produce information which may enhance or assist the ability of the Commission to enforce its existing racing medication and anti-doping regulations. (b) Existing post-…

§ 405.8. Cooperation with the Commission. (a) Licensees of the Commission are required to cooperate and comply fully with the provisions of this chapter as set forth more specifically in § 405.5(f) (relating to general procedures for collecting samples). (b) Any duly licensed per…

§ 405.9. Penalties for non-cooperation or positive tests. (a) Failure or refusal to make a horse available for sampling or other intentionally deceptive acts or interference during the sampling process shall carry a minimum penalty of a 180-day suspension, plus a $5,000 fine and …

§ 407.1. Assessment of racing soundness and condition. (a) Every horse entered to participate in an official race shall be subjected to a veterinary inspection prior to starting in the race for which it is entered. The inspection shall be conducted by the Commission Veterinarian …

§ 407.2. Veterinarian’s List. (a) As set forth in § 305.203 (relating to Veterinarian’s List) of the Commission’s regulations, the Commission Veterinarian shall maintain the Veterinarian’s List of all horses which are determined to be unfit to compete in a race due to illness, un…

§ 407.3. Postmortem examination and necropsy. (a) A horse that dies or is euthanized, whether in training or in competition, while present on the licensed racetrack facility under the jurisdiction of the Commission, shall undergo a postmortem examination (necropsy) at a laborator…

HORSE MORTALITY REVIEW BOARD § 407.4. General purpose. (a) While there are attendant risks associated with live Standardbred and Thoroughbred racing, the Commission fully understands that the fatality of any racing horse represents a tragic loss for the horse owners, trainers and…

§ 407.5. Creation of Horse Mortality Review Board. (a) In addition to the licensing provisions of Chapter 181 (relating to licensed racing entities—temporary regulations), the Commission hereby directs that each Thoroughbred and Standardbred licensed racing entity within this Com…

§ 407.6. Meeting procedures. (a) The Horse Mortality Review Board (Mortality Board) shall meet to discuss and interview individuals related to each catastrophic horse injury occurring at that racetrack facility. If no catastrophic injury has occurred, then the Mortality Board sha…

§ 407.7. Standardized questions. The Commission, in conjunction with the approved and established Horse Mortality Review Board (Mortality Board), shall develop a set of standardized questions to assist in identify factors which might predispose a horse to suffer catastrophic inju…

§ 407.8. Report and recommendations. At the conclusion of each Horse Mortality Review Board (Mortality Board) meeting regarding a catastrophic horse injury, the Mortality Board shall prepare a report with conclusions and recommendations regarding the incident and shall provide a …

§ 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.

ACCESS, APPROVALS AND VARIANCES § 46.1101. Access to retail food facilities. After the Department or licensor presents identification, the person in charge shall allow the Department or licensor to determine if the retail food facility is in compliance with this chapter by allowi…

§ 46.1102. Obtaining Department or licensor approval. (a) General. This section describes the process by which a person may obtain an approval from the Department or a licensor required by another provision of this chapter. (b) Written request. A person seeking an approval from t…

§ 46.1103. Variances. (a) Modifications and waivers. The Department may grant a variance by modifying or waiving the requirements of this chapter if—in the opinion of the Department—a health hazard will not result from the variance. If a variance is granted, the Department will r…

PLAN SUBMISSION AND APPROVAL § 46.1121. Facility and operating plans. (a) When plans are required. A retail food facility licensing applicant or retail food facility operator shall have plans and specifications reviewed by the Department or licensor and shall submit these properl…

§ 46.1122. HACCP plans. (a) When an HACCP plan is required. (1) Before engaging in an activity that requires an HACCP plan, a retail food facility applicant or retail food facility operator shall submit to the Department or licensor for approval a properly prepared HACCP plan as …

§ 46.1123. Confidentiality of trade secrets. The Department or licensor will treat as confidential information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified in § §…

§ 46.1124. Preoperational inspection of construction. The Department or licensor will conduct one or more preoperational inspections to verify that the retail food facility is constructed and equipped in accordance with the approved plans and approved modifications of those plans…

REQUIREMENTS FOR OPERATION § 46.1141. License requirement. (a) General requirement. A person may not operate a retail food facility without a valid license issued by the Department or licensor, unless otherwise provided in subsection (b). (b) Exemptions. The following retail food…

§ 46.1142. Application procedure for appropriate license. Prior to the opening of a retail food facility, the operator shall contact the Department or licensor to obtain the appropriate application form for the required license. The Department or licensor will supply the applican…

§ 46.1143. Issuance. (a) New, converted or remodeled retail food facilities. For retail food facilities that are required to submit plans as specified in § 46.1121(a) (relating to facility and operating plans), the Department or licensor will issue a license to the applicant afte…

§ 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 fa…

§ 46.1201. Food Employee Certification Act compliance. (a) Statutory requirement. The Food Employee Certification Act requires that a retail food facility have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all…

§ 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…

§ 46.212. Food prepared in a private home. (a) General. Food prepared in a private home may not be used or offered for human consumption in a retail food facility unless the private home meets the requirements of subsection (b) or (c). (b) Private home that is a registered food e…

§ 46.217. Milk and milk products. Milk and milk products may be offered for human consumption in a retail food facility if the facility complies with section 2 of the Milk Sanitation Law (31 P. S. § 646). Authority The provisions of this § 46.217 amended under the Retail Food Fac…

§ 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 acc…

§ 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 S…

§ 49.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless otherwise defined in the NSSP Model Ordinance: Dealer—A shellstock shipper, shucker-packer, repacker, reshipper or depuration processor. Department—The Department of…

§ 49.2. Scope. A person who processes, distributes, ships, transports, stores, offers for sale or sells shellfish in this Commonwealth shall comply with this chapter and the NSSP Model Ordinance. The NSSP Model Ordinance can be viewed at www.cfsan.fda.gov/[tilde ]ear/nss2-toc.htm…

§ 49.3. Certification and compliance. (a) A dealer may not engage commercially in the wholesale sale, shipping, processing, purchasing or selling of shellfish without the following: (1) Compliance with this chapter, the NSSP Model Ordinance and the Food Act. (2) Application for a…

§ 49.31. Submission of plans. (a) Whenever a shellfish processing, depuration or controlled purification facility is constructed, remodeled or altered and whenever an existing structure is converted to use as a shellfish processing, depuration or controlled purification facility,…

§ 49.35. Ventilation. A room in which shellfish are processed, stored or handled shall be well ventilated to minimize odors, noxious fumes, vapors and condensation. The operation of cooking, heating or ventilation equipment may not create conditions that may cause shellfish to be…

§ 49.36. Locker area. Adequate facilities shall be provided for the orderly storage of employe clothing and personal belongings. Authority The provisions of this § 49.36 amended under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A an…

§ 49.4. Records and labeling. A dealer shall maintain complete, accurate and legible transaction records which provide the information necessary to trace purchases and sales of shellfish back to their source. A dealer shall keep and retain records and maintain product labeling in…

§ 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 2…

§ 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 condit…

§ 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 ventilatin…

§ 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 shal…

§ 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 T…

§ 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…

§ 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 ef…

§ 49.5. Inspection and sampling. (a) The Department may inspect facilities falling under this chapter to ascertain compliance or noncompliance with this chapter. (b) After the Department’s personnel present identification, the shellfish facility operator and its personnel shall a…

§ 49.51. Shucking. (a) Only clean, live shellstock, kept separate from different sources, maintained at the required temperature, and received from an approved source, shall be shucked. Shellfish with badly broken shells shall be discarded. (b) Shellfish shall be shucked in a man…