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§ 5703. License required

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 Pa.C.S.A. AgricultureEffective: December 24, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 3 Pa.C.S.A. Agriculture
Part VII. Quality and Labeling
Chapter 57. Food Protection (Refs & Annos)
Subchapter A. Retail Food Facility Safety (Refs & Annos)
Effective: December 24, 2012
3 Pa.C.S.A. § 5703
§ 5703. License required
Currentness
(a) Unlawful conduct.--Except as provided in subsection (b), it shall be unlawful for any proprietor to conduct or operate a retail food facility without first obtaining a license for each retail food facility as provided in this subchapter.
(b) Exempt retail food facilities.--
(1) A licensor may exempt the following retail food facilities from the license requirements of this section:
(i) A food bank owned by a charitable nonprofit entity and operated for charitable or religious purposes.
(ii) A soup kitchen owned by a charitable nonprofit entity and operated for charitable or religious purposes.
(iii) A retail food facility that operates on no more than three days each calendar year.
(iv) A school cafeteria.
(v) A retail food facility that is owned by a charitable nonprofit entity and that is one or more of the following:
(A) Managed by an organization which is established to promote and encourage participation or support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis. This subparagraph does not apply to organized camps.
(B) Offers only foods that are nonpotentially hazardous foods or beverages.
(vi) A retail food facility in which food or beverages are sold only through a vending machine.
(vii) A retail food facility which is owned by a church, association of churches or other religious order, body or institution which:
(A) Qualifies for exemption from taxation under section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501).
(B) Is not subject to unrelated business income taxation under sections 511, 512 or 513 of the Internal Revenue Code of 1986 for activities undertaken under this chapter.
If the licensor is the department, the exemption shall be accomplished by order of the secretary and published in the Pennsylvania Bulletin.1 If the licensor is an entity other than the department, the exemption shall be accomplished by order of the local government unit or units having jurisdiction over the licensor. A retail food facility that is exempted from the license requirements under this section shall remain subject to inspection and all other provisions of this subchapter.
(2) A licensor shall exempt the following retail food facilities from the license requirements of this section:
(i) A retail food facility in which only prepackaged, nonpotentially hazardous food or beverages are sold.
(ii) A retail food facility that sells only raw agricultural commodities.
(iii) A retail food facility that is in compliance with the act of July 20, 1974 (P.L. 537, No. 184),2 referred to as the Honey Sale and Labeling Act, and in which 100% of the regulated products offered for human consumption are produced or processed on the farm on which the retail food facility is located.
A retail food facility that is exempted from the license requirements under this section shall remain subject to inspection and all other provisions of this subchapter.
(c) Issuance of license.--A retail food facility license shall be issued by the licensor having jurisdiction. A license shall specify the date of expiration, the period for which the license is valid, the name of the licensee and the place licensed. Licenses shall be conspicuously displayed at all times in the place thereby licensed. Licenses shall not be transferable.
(d) Application requirement.--Any person owning or operating or desiring to operate a retail food facility within this Commonwealth shall make application for a license to the licensor on forms furnished by the licensor. The forms shall, at a minimum, set forth such information as the department may require and any additional information a licensor that is not the department may require under the authority of the act of April 21, 1949 (P.L. 665, No. 155),3 known as the First Class City Home Rule Act, or the act of August 24, 1951 (P.L. 1304, No. 315),4 known as the Local Health Administration Law. Application forms shall include the name and address of the applicant, together with all the other information deemed necessary to identify the applicant, provide contact information for the applicant, identify the location of the retail food facility that is the subject to the application and facilitate the licensor's processing of the application.
(e) Inspection.--
(1) No license shall be issued until inspection of the retail food facility has been made by the licensor and the retail food facility meets the requirements of both this subchapter and one of the following:
(i) The rules and regulations of the department.
(ii) The rules and regulations adopted under the authority of the First Class City Home Rule Act or the Local Health Administration Law.
(2) Rules and regulations adopted by a licensor who is not the department shall meet and shall not exceed the requirements of this subchapter and the rules and regulations of the department.
(f) Reports.--If the licensor is an entity other than the department, the licensor shall provide the department a copy of any inspection report resulting from any inspection conducted under authority of this subchapter within 30 days of the inspection date. This copy may be sent by electronic methods, as approved by the department. The department may, by regulation, require that inspection reports be submitted in a specific electronic format.
(g) Term of license.--
(1) Except as provided in paragraph (2), licenses shall expire on the day after the original license anniversary date at intervals of one year, or for any other license period that is established by the department through regulation and that uses risk-based factors identified in the current edition of the Food Code, published by the United States Department of Health, Food and Drug Administration, as a basis for determining the appropriate license interval. An application for renewal shall be made one month before the expiration of an existing license. A license granted under the provisions of this subchapter shall be renewed if the most recent inspection by the licensor was conducted within the preceding license period and determined that requirements specified in this chapter with respect to the retail food facility were met.
(2) A temporary license for a retail food facility that operates on no more than 14 days in one calendar year or for a retail food facility operating at a fair, festival or similar temporary event shall be granted with respect to the calendar year in which it is issued if the retail food facility meets the requirements of this subchapter.
(h) Sales and use tax license.--No license shall be issued until the proprietor exhibits proof that the proprietor has applied for or received a sales and use tax license or exemption certificate from the Department of Revenue.
(i) Denial or revocation of license.--
(1) A licensor shall state in writing to the proprietor the reason for the refusal to issue a license.
(2)(i) If a retail food facility licensed by the department is in violation of a provision of this subchapter, or of a regulation promulgated under authority of this subchapter, or of any other act related to public health and being applicable to retail food facilities, the department may suspend or revoke the license. If a retail food facility licensed by an entity other than the department is in violation of a provision of this subchapter, or of a regulation promulgated under authority of this subchapter, or of any other act related to public health and being applicable to retail food facilities, or of the regulations of the licensor pertaining to retail food facilities, the licensor may suspend or revoke the license. The suspension of a license shall be terminated when the violation for which it was imposed has been found, upon inspection by the licensor, to have been corrected. Whenever a license is suspended or revoked, no part of the fee paid therefore shall be returned to the proprietor.
(ii) A licensor may, as an alternative to suspending or revoking a license, provide a licensee a reasonable interval within which to correct conditions that constitute a violation that would result in the suspension or revocation of the license, provided that the health and safety of the employees, occupants and patrons of the retail food facility can be reasonably assured during that interval.
(j) Fees.--The fees that may be charged under this subchapter are as established by the licensor, if the licensor is an entity other than the department, and shall be paid into the city, borough, incorporated town, township or county treasury. If the licensor is the department, the fees shall be paid to the State Treasury through the department and are as follows:
(1) For licensure of a retail food facility that has not been previously licensed and that is owner operated and that has a seating capacity of less than 50: $103.
(2) For licensure of a retail food facility that has not been previously licensed and that is not described in paragraph (1): $241.
(3) For a renewal of a license or for issuing a license to reflect a change of ownership: $82.
(4) For a duplicate license, for each retail food facility location: $14.
(5) For a temporary license under subsection (g)(2): $14.
(6) For conducting a follow-up inspection to review whether changes have been made to correct violations which resulted in noncompliant status determined by a prior inspection:
(i) For the second follow-up inspection during the licensure period: $150.
(ii) For a third or subsequent follow-up inspection during the licensure period: $300.
(7) For conducting an inspection that is not otherwise required by the department but that is conducted at the behest of the proprietor of the retail food facility: $150.
(8) For any license described in paragraph (1), (2), (3), (4) or (5) that is issued for a period of greater than one year by regulation of the department in accordance with subsection (g), the license fee otherwise prescribed under those paragraphs shall be prorated for the license period.
(k) Multiple retail food facilities.--Whenever any proprietor maintains more than one retail food facility within this Commonwealth, the proprietor shall be required to apply for and procure a license for each retail food facility.

Credits

2010, Nov. 23, P.L. 1039, No. 106, § 1, effective in 60 days [Jan. 24, 2011]. Amended 2012, Oct. 24, P.L. 1434, No. 180, § 1, effective in 60 days [Dec. 24, 2012].

Footnotes

1
See 41 Pa.B. 524 for licensure of retail food facilities order effective Jan. 22, 2011.
2
31 P.S. § 381 et seq.
3
53 P.S. § 13101 et seq.
4
16 P.S. § 12001 et seq.
3 Pa.C.S.A. § 5703, PA ST 3 Pa.C.S.A. § 5703
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document