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§ 5014. Milk banks

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 10, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 24A. Keystone Mothers' Milk Bank Act (Refs & Annos)
Effective: August 10, 2020
35 P.S. § 5014
§ 5014. Milk banks
Currentness
(a) Licensure.--An entity operating or seeking to operate as a milk bank in this Commonwealth must apply to and be licensed by the department.
(b) Application.--The department shall issue a license to an applicant if:
(1) The applicant has submitted a completed application as developed by the department that includes all the information required in section 7(d).1
(2) The entity meets one of the following requirements:
(i) Is certified as a member in good standing of a professional association for the operation of milk banks; or
(ii) Is otherwise determined to be in compliance with the requirements of this act.
(c) Reliance on professional association.--
(1) The department shall accept the accreditation of a milk bank granted by a professional association, that is a nationally recognized accrediting body, to the extent the association's standards are determined to be acceptable by the department, when granting a license.
(2) The department shall maintain a list of approved professional associations that are nationally recognized accrediting bodies. The list shall be published on the department's publicly accessible Internet website.
(3) Upon request, a milk bank shall provide the department with copies of any finding or report issued by the accrediting body.
(d) Denial.--
(1) If the department denies an application, the department shall provide the applicant with a written explanation of the reason for the denial.
(2) An applicant that is denied a license is entitled to a hearing if the applicant requests a hearing within 30 days of the receipt of the denial.
(e) Fee.--The department shall charge the following fees for the administration and implementation of this act:
(1) An entity shall pay a $1,000 fee for an initial license.
(2) A licensee shall pay a $250 fee for each license renewal.
(f) Expiration.--A license issued under this act shall expire two years after the date of the issuance of the license.
(g) Renewal.--A license issued under this act may be renewed in accordance with the regulations promulgated by the department and upon the payment of a renewal fee.
(h) Suspension and revocation.--
(1) The department may suspend or revoke a license issued under this act if the department determines the licensee is not in compliance with this act.
(2) The department shall provide written notification and a hearing in accordance with section 7(h) prior to the suspension or revocation of a license.
(i) Operation prior to effective date.--A milk bank in operation prior to the effective date of this section may continue to operate pending a decision on the milk bank's application or pending decision on whether the exemption specified in section 102 applies if an application is made within 120 days of the later of the following:
(1) The effective date of this section.
(2) The date that an application for a license is first made available to prospective licensees under this act.

Credits

2020, Feb. 12, P.L. 13, No. 7, § 4, effective in 180 days [Aug. 10, 2020].

Footnotes

1
35 P.S. § 5017.
2
35 P.S. § 5020.
35 P.S. § 5014, PA ST 35 P.S. § 5014
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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