PRIOR PRINTER'S NOS. 258, 837, 3311 PRINTER'S NO. 3429
No. 232 Session of 1989
INTRODUCED BY DURHAM, CALTAGIRONE, ITKIN, OLASZ, FREEMAN, MICHLOVIC, BELARDI, SAURMAN, J. L. WRIGHT, NAHILL, VEON, TRELLO, CIVERA, SALOOM, PETRONE, E. Z. TAYLOR, KOSINSKI, FARGO, HECKLER, SCHULER, PERZEL, RAYMOND, HERSHEY, BARLEY AND MRKONIC, FEBRUARY 1, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 24, 1990
AN ACT 1 Providing for the regulation of the production and handling of 2 ice; licensing ice plants; imposing duties on the Department 3 of Environmental Resources; and providing for civil 4 penalties. 5 The General Assembly declares that only ice protected from 6 contamination should be offered for sale, sold and used in this 7 Commonwealth. Contaminated ice is a danger to the health, safety 8 and welfare of the citizens of this Commonwealth but may exist 9 in the absence of legislation designed to ensure that ice 10 offered for sale to and used by Pennsylvanians is protected from 11 contamination while being manufactured, processed, packaged and 12 stored. It is the intent of the General Assembly to hereinafter 13 set forth such legislation. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Short title. 17 This act shall be known and may be cited as the Manufactured
1 Ice Law. 2 Section 2. Definitions. 3 The following words and phrases when used in this act shall 4 have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Approved." Acceptable to the Department of Environmental 7 Resources of the Commonwealth, based on its determination of 8 conformance with appropriate standards of good public health 9 practice. 10 "Contamination." Includes, but is not limited to, exposure 11 to or contact with litter; waste; broken glass or refuse; 12 rodents; insects; microorganisms; dust or dirt; dripping, 13 seeping or leaking water or condensate; harmful chemicals; 14 paint; grease; or other foreign matter. 15 "Department." The Department of Environmental Resources of 16 the Commonwealth. 17 "Easily cleanable." Readily accessible for removal of dirt, 18 or of such material and finish and so fabricated that residue 19 may be completely removed by normal cleaning methods. 20 "Employee." A person working in an ice plant or ice 21 production area in a commercial establishment who transports ice 22 or ice containers, who comes in contact with ice equipment, or 23 who engages in ice manufacture, processing, packaging, storage 24 or distribution. 25 "Equipment." Grinders, crushers, chippers, ice makers, 26 shavers, scorers, saws, cubers, can fillers, drop tubes, 27 needles, core sucking devices, conveyors and similar items used 28 in ice plants. 29 "Food contact surface." A surface, including a water line, 30 that is touched by a product or ingredient during processing. 19890H0232B3429 - 2 -
1 The term includes those surfaces from which water may drain, 2 drip or splash back. 3 "Ice." The product, in any form, obtained as a result of 4 freezing water by mechanical or artificial means. 5 "Ice plant." Any commercial place, premises or establishment 6 where ice is manufactured or processed, packaged and offered for 7 sale for human consumption. 8 "Person." An individual, or a firm, partnership, company, 9 corporation, trustee, association, or other public or private 10 entity. 11 "Processing." Grinding, crushing, flaking, cubing or any 12 other operation which changes the physical characteristics of 13 ice, or packaged ice for human consumption. 14 "Product area." Where ice or its ingredients or packaging 15 materials are handled or stored, and any area related to the 16 manufacturing, packaging, handling or storage of ice intended 17 for sale for human consumption. 18 "Secretary." The Secretary of Environmental Resources of the 19 Commonwealth. 20 "Single-service article." An article, including packaging 21 material, which is intended by the manufacturer, and generally 22 recognized by the public, as being for one usage only, and is 23 then to be discarded. 24 "Utensil." A multiuse can, bucket, tub, pail, cover, 25 container, tong, pick, shovel, scoop or similar item used in the 26 manufacture, handling and transport of ice. 27 Section 3. Ice plant and production area. 28 The grounds of an ice plant shall be free from conditions 29 which may result in the contamination of ice. Plant buildings, 30 structures and product areas for ice manufacture shall be 19890H0232B3429 - 3 -
1 suitable in size, construction and design to facilitate 2 maintenance and sanitary operations. Ice manufacturing, 3 processing, packaging and storage operations shall be conducted 4 in an enclosed building maintained in a sanitary condition. The 5 building shall protect the ice, ingredients, equipment and 6 utensils from contamination. Ice contact surfaces, including 7 storage bins, conveyors, packaging equipment and hand utensils, 8 shall be kept clean and in good repair. Ice contact surfaces 9 shall be cleaned, using acceptable cleansers and cleaning 10 methods, as often as necessary to insure that no contamination 11 of the product occurs. 12 Section 4. Equipment and utensils. 13 Equipment and utensils used in ice plants or ice production 14 areas shall be of easily cleanable construction, shall be kept 15 clean and in good repair, and shall be handled and stored in a 16 sanitary manner. Materials used as ice-contact surfaces shall be 17 smooth, nontoxic, corrosion resistant and nonabsorbent. Single- 18 service supplies, including packaging, shall be stored, 19 dispensed and handled in a sanitary manner and shall be used 20 only once. 21 Section 5. Handling and labeling of ice. 22 Ice shall be protected from contamination while being 23 manufactured, processed, packaged and stored. Packaged ice 24 products shall be labeled clearly to show the name, 25 manufacturer, location of processing plant and package weight. 26 The label shall bear the manufacturer's establishment number 27 issued by the department. 28 Section 6. Water supply, treatment and testing. 29 (a) Water quality standards.--Ice intended for human 30 consumption shall meet the bacteriological, chemical and 19890H0232B3429 - 4 -
1 physical standards of State and local laws, ordinances and 2 regulations. In addition, the United States Environmental 3 Protection Agency drinking water standards and regulations of 4 the Federal Food and Drug Administration shall apply. Water used 5 in ice plants shall be of safe and sanitary quality and drawn 6 from a public or private water supply system which is in 7 conformance with applicable laws and in compliance with 8 applicable standards and regulations. 9 (b) Testing.-- 10 (1) Bacteriological, chemical and physical tests shall 11 be conducted and recorded to insure that water from a private 12 water supply system used in the manufacture of ice intended 13 for sale for human consumption complies with standards as 14 established by the department. 15 (2) Bacteriological, chemical and physical tests shall 16 be conducted and recorded on the finished ice to insure that 17 ice manufactured for human consumption or for the 18 refrigeration of food products complies with standards as 19 established by the department. 20 Section 7. Transportation. 21 While being transported or delivered, ice shall be protected 22 from contamination. The ice compartment of vehicles used to 23 transport or deliver ice shall be of cleanable material and 24 construction, and shall be kept clean and in good repair. 25 Section 8. Registration and licensing of ice plants. 26 (a) Registration deadline.--Plants which produce ice which 27 is sold, offered for sale or used in this Commonwealth shall be 28 annually registered and licensed on or before September 1 with 29 the department and shall pay the following fees: 30 (1) A registration fee of $30 per manufacturing 19890H0232B3429 - 5 -
1 location. 2 (2) A licensing fee of $2 per ton of capacity. 3 (b) Registration statement.--The producer's registration 4 statement shall be signed and verified, shall be made on a 5 registration form furnished by the department, and shall contain 6 the following information: 7 (1) The name under which the business is conducted. 8 (2) The address of each place of business in this 9 Commonwealth being registered. 10 (3) If a sole proprietorship, the name of the 11 proprietor; if a partnership, the names of all partners; if a 12 corporation, the date and place of incorporation and name and 13 address of its registered agent in this Commonwealth; and if 14 another type of association, the names of its principals. 15 (4) The names of those individuals in an actual 16 administrative capacity which, in the case of a sole 17 proprietorship, shall be the managing proprietor; in a 18 partnership, the managing partner; in a corporation, the 19 officers and directors; and in another association, those in 20 a managerial capacity. 21 (5) The number of ice manufacturing or processing 22 machines which manufacture or process ice for sale to or use 23 by the public on the premises where the machine is located. 24 (c) Two or more establishments.--If a producer operates more 25 than one establishment, he shall register each establishment 26 separately by listing the name and address of each establishment 27 on the registration statement. 28 (d) Prelicense inspection.--The applicant shall cooperate 29 with the department in any preregistration inspection of the ice 30 producer's facility which might be deemed necessary. 19890H0232B3429 - 6 -
1 (e) Issuance of license.--The department shall license an 2 ice plant which meets the requirements of this section. 3 (f) Renewal of license.-- 4 (1) A producer shall renew its license annually 5 following the requirements of this section. 6 (2) The application for renewal and the fee for each 7 establishment shall be submitted to the department on or 8 before September 1 in accordance with the department 9 procedures set forth in this section. 10 (3) Failure to submit the renewal prior to September 1 11 may subject the food manufacturer to revocation or suspension 12 of the license. 13 (g) Compliance.--Producers shall comply with the minimum 14 standards specified in this law. 15 (h) License revocation.--The department may, after providing 16 notice and an opportunity for hearing, refuse to license an ice 17 plant, or may revoke or suspend the license for violations of 18 the requirements in this law or for interference with the 19 department in the performance of its duty under this law. 20 (i) Civil penalties.--If a person violates this law or a 21 rule or order adopted or license issued under this law, the 22 department may assess a civil penalty against that person as 23 follows: 24 (1) The penalty may be in an amount not to exceed 25 $10,000 a day for a person who violates this law or a rule, 26 order, license or registration issued under this law. 27 (2) Each day a violation continues may be considered a 28 separate violation for purposes of penalty assessment. 29 (3) In determining the amount of the penalty, the 30 department shall consider: 19890H0232B3429 - 7 -
1 (i) The seriousness of the violation, including, but 2 not limited to, the nature, circumstances, extent and 3 gravity of the prohibited acts and the hazard or 4 potential hazard created to the health or safety of the 5 public. 6 (ii) The history of previous violations. 7 (iii) The amount necessary to deter future 8 violations. 9 (iv) Efforts to correct the violations. 10 (v) Any other matters that justice may require to be 11 considered. 12 Section 9. Out-of-State producers. 13 (a) General rule.--An out-of-State ice producer may SHALL <-- 14 submit adequate proof of approval of an ice plant by the out-of- 15 State agency having jurisdiction over ice plants, pursuant to 16 standards substantially the same as those contained in this act. 17 Upon submission of such proof, the provisions of section 8(a) <-- 18 shall not apply to said producer, provided that the other state 19 provides reciprocal provisions for ice producers located in 20 Pennsylvania. 21 (b) Shortages.--In times of shortage, State producers may 22 import ice from out-of-State producers provided the ice is 23 approved for sale in its state of origin, has been tested in 24 accordance with section 6(b)(2) and is labeled with a code 25 identifying the out-of-State producer. 26 Section 10. Use of fees and fines. 27 All fees and fines collected pursuant to this act shall be 28 deposited in a restricted receipts account known as the 29 Manufactured Ice Law Enforcement Account, which is hereby 30 created. Moneys deposited in said account shall be annually 19890H0232B3429 - 8 -
1 appropriated by the General Assembly solely for use in the 2 enforcement of the provisions of this act. Any funds 3 appropriated but not spent in a fiscal year shall not lapse, but 4 shall be returned to the fund and shall be available for 5 appropriation in subsequent years. 6 Section 11. Inspections and recalls. 7 The department shall conduct such inspections as are 8 necessary to carry out the provisions of this act. The 9 department may order a recall of ice, prohibit the sale of ice, 10 or undertake any other action necessary to protect the public 11 health and carry out the provisions of this act. 12 SECTION 12. SMALL ICE PRODUCERS. <-- 13 (A) EXEMPTION.--SMALL ICE PRODUCERS SHALL BE EXEMPT FROM THE 14 PROVISIONS OF THIS ACT EXCEPT THAT, IF THEY MANUFACTURE ICE 15 USING WATER FROM A PRIVATE WATER SUPPLY SYSTEM, THEY SHALL TEST 16 THEIR WATER IN A MANNER SIMILAR TO THE TESTING REQUIRED OF 17 PUBLIC EATING AND DRINKING PLACES UNDER 25 PA. CODE §§ 151.71 18 (RELATING TO WATER SUPPLY) AND 151.72 (RELATING TO ICE). 19 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 20 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 21 SUBSECTION: 22 "SMALL ICE PRODUCER." A MANUFACTURER, PROCESSOR OR PACKAGER 23 OF ICE WHO MANUFACTURES, PROCESSES OR PACKAGES LESS THAN FIVE 24 TONS OF ICE PER YEAR. 25 Section 12 13. Rules and regulations. <-- 26 The department shall prescribe rules and regulations 27 necessary to carry out the provisions of this act. 28 Section 13 14. Effective date. <-- 29 This act shall take effect in one year. L16L27JLW/19890H0232B3429 - 9 -