Pennsylvania Act 2000-124 — AGRICULTURE CODE (3 PA.C.S.) - AMEND

Act text

AGRICULTURE CODE (3 PA.C.S.) - AMEND
                 Act of Dec. 20, 2000, P.L. 934, No. 124              Cl. 03
                             Session of 2000
                               No. 2000-124

     HB 2216

                                  AN ACT

     Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
        Statutes, further providing for certification advisory board
        and programs, for employee certification and for exemptions
        for food employee certification.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 6503(d) and 6504(c), (f) and (g) of
     Title 3 of the Pennsylvania Consolidated Statutes are amended to
     read:
      § 6503.  Certification advisory board and programs.
        * * *
        (d)  Certification of supervisory employees.--The supervisory
     employees shall be certified by the department following the
     completion of [industry-specific] training programs recommended
     by the advisory board and approved by the department. The
     department shall adopt food safety protection and training
     standards for the certification of supervisory employees who are
     responsible for the storage, preparation, display or serving of
     foods to the public in establishments regulated by the
     department or local health organizations. These standards shall
     be adopted by the department to ensure that, upon successfully
     passing a test, the supervisory employee has demonstrated
     adequate food protection knowledge. These standards shall also
     provide for a certification program which authorizes private or
     public agencies to conduct and approve tests and certify the
     results of these tests to the department. At least one
     supervisory employee of a food establishment shall have passed
     the test and received a certificate attesting thereto. Employees
     shall have a period of 90 days after employment to pass the
     required test.
        * * *
      § 6504.  Certification of employees.
        * * *
        (c)  Compliance.--
            (1)  Compliance with this chapter by a food establishment
        shall be optional until July 1, [2001] 2003. Section 6503(e)
        (relating to certification advisory board and programs) shall
        not apply to a food establishment prior to July 1, [2001]
        2003, unless that food establishment complies with this
        chapter. On or after July 1, [2001] 2003, compliance with
        this chapter by a food establishment shall be mandatory
        unless a resolution to the contrary has been adopted prior to
        December 1, 2002, in accordance with this subsection. The
        President pro tempore of the Senate and the Speaker of the
        House of Representatives shall cause to be placed on their
        respective calendars for the first legislative [days] day
        after [the date two months prior to July 1, 2001] November 1,
        2002, the question, in the form of a resolution, of whether
        the food employee certification program shall remain optional
        for food employees of food establishments in this
        Commonwealth. If a majority of the members elected to each
        house approve such a resolution, the resolution shall be
        presented to the Governor for approval or disapproval in
        accordance with section 9 of Article III of the Constitution
        of Pennsylvania.
            (2)  A food establishment exempt under section 6510(d)
        (relating to exemptions) may voluntarily seek certification
        under this section.
        * * *
        (f)  Period of certification.--Certification shall be in
     effect for five years. Renewal of certification shall be based
     on the [basis] completion of [attendance at] courses recommended
     by the advisory board and approved by the department. The
     courses shall not include a written examination.
        (g)  Training program.--
            (1)  Training programs to prepare candidates for
        certification examinations and the administration of the
        examination shall be made available throughout this
        Commonwealth through cooperation with industry and others and
        approved by the department.
            (2)  The department shall develop and administer a
        training program for food establishments voluntarily seeking
        certification under subsection (c)(2). The General Assembly
        may appropriate funds to offset the cost of the program for
        food establishments exempt under section 6510(d).
        * * *
        Section 2.  Section 6510 of Title 3 is amended by adding a
     subsection to read:
      § 6510.  Exemptions.
        * * *
        (d)  Exempt organizations.-- Except as set forth in section
     6504(c)(2) (relating to certification of employees), the
     following organizations are exempt from this chapter:
            (1)  A food establishment 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 food establishment 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 food establishment 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.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE