Document Citation: 7 Pa. Code § 46.1144

Header:
PENNSYLVANIA ADMINISTRATIVE CODE
Commonwealth of Pennsylvania
Pennsylvania Code
TITLE 7. AGRICULTURE
PART III. BUREAU OF FOOD SAFETY AND LABORATORY SERVICES
SUBPART A. SOLID FOODS
CHAPTER 46. FOOD CODE
SUBCHAPTER H. ADMINISTRATIVE PROCEDURE

Date:
08/31/2009

Document:

§ 46.1144. Conditions of retention: responsibilities of the food facility operator

To retain a license or registration issued by the Department or licensor under this chapter, a food facility operator shall do the following:

(1) Post the license or registration in a location in the food facility that is conspicuous to consumers and the Department or licensor.

(2) Comply with this chapter -- including the conditions of a granted variance as specified in § 46.1103(c) (relating to variances) -- and approved plans as specified in § 46.1121(b) (relating to facility and operating plans).

(3) If a food facility is required in § 46.1122(a) (relating to HACCP plans) to operate under a HACCP plan, comply with the plan as specified in § 46.1103(c).

(4) Immediately contact the Department or licensor to report an illness of a food employee as specified in § 46.111(b) (relating to duty to report disease or medical condition).

(5) Immediately discontinue operations and notify the Department or licensor if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition or other circumstance that may endanger public health. A food facility operator need not discontinue operations in an area of a facility that is unaffected by the imminent health hazard.

(6) Not resume operations discontinued in accordance with paragraph (5) or otherwise according to the Public Eating and Drinking Places Law or the Food Act until approval is obtained from the Department or licensor.

(7) Allow representatives of the Department or licensor access to the food facility as specified in § 46.1101 (relating to access to food facilities).

(8) Except as specified in paragraph (9), replace existing facilities and equipment with facilities and equipment that comply with this chapter if either of the following occurs:

(i) The Department or licensor directs the replacement because the facilities and equipment constitute a public health hazard or no longer comply with the criteria upon which the facilities and equipment were accepted.

(ii) The facilities and equipment are replaced in the normal course of operation.

(9) Upgrade or replace refrigeration equipment as specified in § 46.385(a)(3) (relating to potentially hazardous food: hot and cold holding), by December 13, 2008, if the circumstances specified in paragraph (8)(i) and (ii) do not occur first, and unless a variance has been approved as specified in § 46.1103.

(10) Comply with directives of the Department or licensor including time frames for corrective actions specified in inspection reports, notices, orders, warnings and other directives issued by the Department or licensor in regard to the operator's food facility or in response to community emergencies.

(11) Accept notices issued and served by the Department or licensor according to the Public Eating and Drinking Places Law or the Food Act.