Section 1. Definitions.--"Department" shall mean the Department of Agriculture of the Commonwealth.
The words "public eating or drinking place" shall mean any place within this Commonwealth where food or drink is served to or provided for the public, with or without charge: Provided, however, That nothing herein contained shall apply to dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.
The word "proprietor" shall mean any person, partnership, association or corporation, conducting or operating within this Commonwealth, a public eating or drinking place.
The word "employe" shall include any cook, waiter, kitchen help, chambermaid, house servant or other employe of any kind in a public eating or drinking place, who in any manner whatever, handles or comes in contact with any food or drink served to or provided for the public, and the proprietor or any member of the proprietor's family who handles said food or drink.
"License" shall mean a grant to a licensee to conduct a restaurant, as defined in this act.
"Licensor" shall mean the county department of health or joint-county department of health, whenever such public eating or drinking place is located in a political subdivision which is under the jurisdiction of a county department of health or joint-county department of health, or the health authorities of cities, boroughs, incorporated towns and first-class townships, whenever such public eating or drinking place 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, or 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 provisions of this act whenever such public eating and drinking place is located in such 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, or the Department of Agriculture, whenever such public eating or drinking place is located in any other area of the Commonwealth.
The words "bed and breakfast homestead or inn" shall mean 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.
The words "potentially hazardous food" shall have the same meaning as that term is defined in the 2009 edition of the Food Code published by the United States Department of Health, Food and Drug Administration or any successor document approved by regulation of the department.
(1 amended June 3, 2010, P.L.209, No.31)
Compiler's Note: The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of
1995. Its functions were transferred to the Department of
Conservation and Natural Resources and the Department of
Environmental Protection.