Title 3, AGRICULTURE

(a) Rules and regulations.--The department shall make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions and intent of this subchapter. In promulgating regulations, the department shall be guided by the most current edition of the Foo…

No proprietor shall allow any food employee to be in a retail food facility if that person has an infectious or communicable disease, as prohibited under the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955, and its attendant …

No proprietor shall utilize any linens, equipment or utensils unless the linens, equipment or utensils have been thoroughly cleansed and sanitized in the manner prescribed by regulation of the department.

All retail food facilities, kitchens, dining rooms and all places where foods are prepared, kept or stored shall be kept in a clean and sanitary condition and be protected from dust, dirt, insects and vermin in the manner prescribed by the regulations of the department. The cloth…

All toilets, hand-wash sinks, tubs, sinks and drains used in or in connection with any retail food facility shall at all times be kept in a clean and sanitary condition.

This subchapter shall not apply to food that meets all of the following requirements: (1) The food is not potentially hazardous food. (2) The food is prepared in a private home. (3) The food is used or offered for human consumption by any of the following organizations: (i) A tax…

Officials of schools and organized camps shall cooperate with the department in the conduct of cafeteria health and safety inspections and shall participate in inspection services and training programs made available by the department in areas where the department is the licensor…

(a) Retail food facilities under jurisdiction of department.--For retail food facilities under the jurisdiction of the department, penalties are as follows: (1) A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subch…

This subchapter shall be known and may be cited as the Food Safety Act.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Color additive." A material which is a dye, pigment or other substance made by a process of synthesis or similar art…

The following acts are prohibited: (1) Manufacture, sale, delivery, consignment, bailment, holding or offering for sale of any food that is adulterated or misbranded, except where a person in good faith delivers or offers to deliver the food and furnishes shipping documents to th…

In addition to any other remedies provided in this subchapter, the secretary may apply to the Commonwealth Court or to any other court having jurisdiction for a temporary or permanent injunction restraining a person from violating this subchapter or any regulation adopted under t…

(a) Criminal penalties.--A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subchapter commits a summary offense for the first or second offense. A person who violates this subchapter or any rule, regulation, standard…

(a) Marking detained food.--Whenever the secretary has probable cause to believe that food is adulterated or misbranded, the secretary shall affix to the container or wrapping a tag or other marking. The tag or marking shall give notice that: (1) The food may be adulterated or mi…

Temporary permits granted by Federal agencies for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity in Federal acts shall be effective in this Commonwealth under the conditions provided in the permits. The sec…

A food shall be deemed adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the food shall not be considered adulterated under this section if the quantity of …

(a) General rule.--A food shall be misbranded: (1) If its labeling is false or misleading in any way. (2) If it is offered for sale under the name of another food. (3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word …

The department shall promulgate regulations exempting from any labeling requirement food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed …

(a) Additions to food.--A poisonous or deleterious substance added to a food, except where the substance is required in its production and cannot be avoided by good manufacturing practice, shall be deemed to be unsafe unless added in compliance with the Federal acts. (b) Pesticid…

(a) Inspection.--For purposes of enforcement of this subchapter, the secretary is authorized, upon presenting appropriate credentials to the owner, operator or agent in charge: (1) To enter at reasonable times any factory, warehouse or food establishment in which food is or was m…

(a) Nature of rules.--The secretary shall be charged with the enforcement of this subchapter and shall promulgate rules, regulations and food standards necessary for its proper enforcement. The rules, regulations and food standards shall conform and shall be construed to conform …

(a) General rule.--Subject to the rules and regulations adopted by the secretary, it shall be the duty of every person operating a food establishment within this Commonwealth to register with the secretary as a food establishment. This registration requirement shall not be constr…

The secretary may promulgate regulations allowing food establishments to label their food products as having been registered by the department. "Reg. Penna. Dept. Agr." shall be the approved abbreviation. This registration label shall be limited to food products prepared or packe…

(a) General rule.--The provisions of this subchapter and the regulations promulgated under this subchapter 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 …

Nothing in this subchapter shall be construed to abrogate or supersede any provision or regulation adopted under: (1) The act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law, the act of August 8, 1961 (P.L.975, No.436), referred to as the Milk Adulterati…

This subchapter relates to milk sell-by date and best-by date labeling.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Milk." As defined in section 1 of the Milk Sanitation Law. "Milk plant." As defined in section 1 of the Milk Sanitat…

(a) General rule.--The cap or nonglass container of pasteurized milk held in retail food facilities for resale shall be conspicuously and legibly marked in a contrasting color with a sell-by date or a best-by date. (b) Sell-by date.--A sell-by date shall consist of: (1) a designa…

(a) General rule.--A milk plant may apply to the department for approval to use a sell-by date or a best-by date that exceeds the 17-day period referenced in section 5743(e) (relating to label requirement). Approval shall be by type of milk and type and volume of the milk contain…

(a) Sell-by date.--Pasteurized milk may not be sold or offered for sale if the milk is sold or offered for sale after the sell-by date designated on the cap or nonglass container. (b) Best-by date.--Pasteurized milk may not be sold or offered for sale if the milk is sold or offer…

(a) Sampling and testing.-- (1) If a milk plant labels milk with a sell-by date or a best-by date that is no later than 17 days beginning after midnight on the day on which the milk was pasteurized, the milk plant shall, at intervals of no greater than 12 months and for the highe…

The department shall make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions of this subchapter.