Section 16. Construction of act.
(a) General rule.--The provisions of this act and the regulations promulgated under this act shall be construed in a manner that is consistent with the Federal acts and regulations promulgated under those acts. The secretary shall not ordain or enforce requirements relating to sanitation, food safety, food standards and labeling requirements of any kind or description other than those provided for in the Federal acts unless the proposed regulation meets all of the following:
(1) is justified by compelling and unique local
conditions;
(2) protects an important public interest that would
otherwise be unprotected;
(3) relates to subject matter that is primarily local in
nature and the Federal agency with responsibility over the
subject matter is not exercising its jurisdiction with
respect to the subject matter;
(4) would not cause a food to be in violation of any
applicable requirements under the Federal acts; and
(5) would not unduly burden interstate commerce.
(b) Secretary to participate in rulemaking.--The secretary is encouraged to participate in rulemaking under the Federal acts and, if necessary, to pursue Federal rulemaking as is deemed necessary for the protection of the citizens of this Commonwealth through the Federal petition and rulemaking process.