3 Pa.C.S. Ch. 65

in effect

3 Pa.C.S. § 6501 Short title of chapter.

This chapter shall be known and may be cited as the Food Employee Certification Act.

3 Pa.C.S. § 6502 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Advisory board" or "board." (Deleted by amendment). "Certificate." A certificate of completion issued by a certification program that has been evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program. "Conference for Food Protection." An independent, national voluntary nonprofit organization to promote food safety and consumer protection. Participants in this organization include Federal, State and local regulatory agencies, universities, test providers, certifying organizations, consumer groups, food service and retail store trade associations and retail food facility operators. The objectives of the organization include identifying and addressing food safety problems and promoting uniformity of regulations in food protection. "Employee." As defined under section 5702 (relating to definitions). "Food establishment." As defined in section 5722 (relating to definitions). "Organized camp." As defined in section 5702 (relating to definitions). "Person in charge." As defined in section 5702 (relating to definitions). "Potentially hazardous food." As defined in section 5702 (relating to definitions). "Proprietor." As defined in section 5702 (relating to definitions). "Public eating or drinking place." A public eating or drinking place as defined in section 5702 (relating to definitions). "Retail food establishment." As defined in section 5702 (relating to definitions). "Retail food facility." A public eating or drinking place or a retail food establishment. "Supervisory employee." (Deleted by amendment). (Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)

3 Pa.C.S. § 6503 Certification programs.

(a) (Reserved). (b) (Reserved). (c) Certification programs.--The department shall recognize certification programs including examinations developed under those programs that are evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program. (c.1) (Reserved). (d) Certification of employees.--An employee shall be certified following demonstration of food safety protection knowledge by the successful completion of an examination conducted by or pursuant to an accredited certification program recognized by the department under subsection (c). A retail food facility shall have a period of three months after licensing under Ch. 57 Subch. A (relating to retail food facility safety) within which to comply with this chapter. (e) Preemption.--Except as provided in subsection (f), the regulation of food safety protection and training standards for employees of retail food facilities is preempted by the Commonwealth. (f) Local programs.--Any food employee certification program established by a county, city, borough, incorporated town or township prior to September 1, 1994, may remain in effect. (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days) Cross References. Section 6503 is referred to in section 6504 of this title.

3 Pa.C.S. § 6504 Certification of employees.

(a) General rule.--A retail food facility shall have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all hours of operation and who is the person in charge of the retail food facility when physically present and on duty. (a.1) Multiple retail food facilities.-- (1) Except as provided under paragraph (2), a person who meets the requirements of subsection (a) may only be the required certified employee for a single retail food facility. (2) If a proprietor operates more than one retail food facility at a temporary fair, festival or other temporary event, a person who meets the requirements of subsection (a) may be the certified employee for all of those temporary retail food establishments. (a.2) Federal recommended standards.--Notwithstanding this chapter, if, after the effective date of this subsection, the Food Code published by the United States Department of Health, Food and Drug Administration, recommends that a person in charge hold a certificate or recommends that a certificate holder with supervisory authority be present during hours of operation at a retail food facility, the department shall, by regulation, establish this recommended standard as the standard for retail food facilities. (b) (Reserved). (c) Compliance.-- (1) (Reserved). (2) A retail food facility exempt under section 6510(d) (relating to exemptions) may voluntarily seek certification under this section. (3) Except as provided in section 6510, compliance with this chapter by a retail food facility shall be mandatory. (d) Employee turnover.--Retail food facilities which are not in compliance because of employee turnover or other loss of certified employees shall have three months from the date of loss of certified employees to comply. (e) Maintenance and inspection of records.--Names and certificate numbers of certified employees shall be maintained at the place of business and shall be made available to and shall be inspected by: (1) the department for retail food facilities that are licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department; or (2) the licensor for retail food facilities that are licensed under Subchapter A of Chapter 57 by a licensor that is not the department. (f) Period of certification.--Certification shall be in effect for the certification interval prescribed by the accredited certification program described in section 6503(c) (relating to certification programs). Renewal of certification shall be based on the successful completion of the certification requirements of an accredited certification program as described in section 6503(c). (g) (Reserved). (h) (Reserved). (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days) Cross References. Section 6504 is referred to in section 6510 of this title.

3 Pa.C.S. § 6505 Rules and regulations.

The department is charged with the administration of this chapter and shall promulgate rules, regulations and standards for its proper enforcement and administration.

3 Pa.C.S. § 6506 Reciprocal agreements (Repealed).

2010 Repeal. Section 6506 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.

3 Pa.C.S. § 6507 Suspension of certification (Repealed).

2010 Repeal. Section 6507 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.

3 Pa.C.S. § 6508 Civil penalties.

(a) Retail food facilities licensed by the department.--For retail food facilities licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department, and in addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto, the department may assess a civil penalty not to exceed $300 for the first offense or not to exceed $1,000 for subsequent offenses upon a person or retail food facility for each offense. No civil penalty shall be assessed unless the person charged has been given notice and opportunity for a hearing on the charge in accordance with law. (b) Retail food facilities licensed by other licensor.--For retail food facilities licensed under Subchapter A of Chapter 57 by a licensor that is not the department, penalties under this chapter shall be established by the licensor. (Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)

3 Pa.C.S. § 6509 Fees (Repealed).

2010 Repeal. Section 6509 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.

3 Pa.C.S. § 6510 Exemptions.

(a) Prepackaged food.-- (1) Retail food facilities where only commercially prepackaged food is handled and sold are exempt from this chapter. (2) Retail food facilities that handle and sell food other than commercially prepackaged food are exempt from this chapter during time periods or work shifts when only commercially prepackaged food is sold. (b) Nonpotentially hazardous food.-- (1) Retail food facilities that handle only nonpotentially hazardous food are exempt from this chapter. (2) Retail food facilities that handle and sell potentially hazardous food are exempt from this chapter during time periods or work shifts when only nonpotentially hazardous food is handled and sold. (c) Food establishments.--Food establishments are exempt from this chapter. (d) Exempt retail food facilities.--Except as set forth in section 6504(c)(2) (relating to certification of employees), the following retail food facilities are exempt from this chapter: (1) A retail food facility managed by an organization which is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)). (2) A retail food facility managed on a not-for-profit basis by an organization which is a volunteer fire company or an ambulance, religious, charitable, fraternal, veterans, civic, agricultural fair or agricultural association or any separately chartered auxiliary of any of the above associations. (3) A retail food facility managed by an organization which is established to promote and encourage participation and support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis. This paragraph does not apply to organized camps. (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days) Cross References. Section 6510 is referred to in section 6504 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=03Fetched: 10/16/2026