H1869B2349A03485 NAD:CMH 02/20/24 #90 A03485
AMENDMENTS TO HOUSE BILL NO. 1869 (As amended by A03432)
Sponsor: REPRESENTATIVE MOUL
Printer's No. 2349
Amend Bill, page 1, by inserting before line 1 (A03432)
Amend Bill, page 1, line 2, by inserting after "protection,"
further providing for definitions,
Amend Bill, page 1, line 1 (A03432), by inserting after
""program""
and inserting
and further providing for powers of department
Amend Bill, page 1, lines 2 through 4 (A03432), by striking
out all of said lines and inserting
Amend Bill, page 1, lines 6 through 17; page 2, lines 1
through 5; by striking out all of said lines on said pages and
inserting
Section 1. The definition of "potentially hazardous food" in
section 5702 of Title 3 of the Pennsylvania Consolidated
Statutes is amended to read:
§ 5702. Definitions.
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:
* * *
"Potentially hazardous food." The term shall have the same
meaning as [defined in the 2009] time/temperature control for
safety food is defined in the 2022 edition of the Food Code
published by the [Department of Health and Human Services,]
United States Food and Drug Administration, or any successor
document approved by [regulation of] the department under
section 5707(e) (relating to powers of department).
* * *
Section 2. Section 5705 of Title 3 is amended to read:
Amend Bill, page 1, line 20 (A03432), by inserting after
"other"
related
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Amend Bill, page 1, line 23 (A03432), by inserting after
"other"
related
Amend Bill, page 1, line 29 (A03432), by inserting after
"other"
related
Amend Bill, page 1, by inserting after line 32 (A03432)
Section 3. Section 5707(a) of Title 3 is amended and the
section is amended by adding a subsection to read:
§ 5707. Powers of department.
(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] 2022 edition of the Food Code, published by the
United States [Department of Health,] Food and Drug
Administration or any successor document approved by the
department under subsection (e). The regulatory standards
established by the department under this section shall be the
standards followed and applied by any licensor with respect to
retail food facilities.
* * *
(e) Adoption by reference.--
(1) The secretary shall review the 2022 edition of the
Food Code, published by the United States Food and Drug
Administration, and transmit notice to the Legislative
Reference Bureau for publication in the next available issue
of the Pennsylvania Bulletin of the standards approved for
adoption.
(2) The secretary shall review any subsequent changes to
the Food Code and shall transmit notice of adoption to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
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