1Amending the act of May 21, 1943 (P.L.595, No.259), entitled, as 
2amended, "An act authorizing the Department of Property and 
3Supplies to establish, operate and maintain restaurants, as 
4herein defined, creating a revolving fund for this purpose, 
5to be known as The State Restaurant Fund; and providing 
6additional duties for the State Treasurer and the Department 
7of Health in connection therewith," further providing for
8inspection authority and for definitions; and making
9editorial changes.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. The title and section 1 of the act of May 21,
131943 (P.L.595, No.259), entitled "An act authorizing the
14Department of Property and Supplies to establish, operate and
15maintain restaurants, as herein defined, creating a revolving
16fund for this purpose, to be known as The State Restaurant Fund;
17and providing additional duties for the State Treasurer and the
18Department of Health in connection therewith," amended July 13,
191967 (P.L.174, No.49), are amended to read:

20AN ACT

1Authorizing the Department of [Property and Supplies]
2General Services to establish, operate and maintain
3restaurants, as herein defined, creating a revolving fund for
4this purpose, to be known as The State Restaurant Fund; and
5providing additional duties for the State Treasurer and the
6Department of [Health] Agriculture in connection therewith.

7Section 1. (a) The Department of [Property and Supplies]
8General Services shall have the power and it shall be its duty,
9whenever it shall be unable to secure a suitable tenant or
10tenants for the operation of a restaurant or restaurants in the
11State Capitol and other State office buildings, to establish,
12operate and maintain, with the approval of the Governor, such
13restaurant or restaurants as may be necessary for the proper
14accommodation of State administrative, legislative and judicial
15personnel and capitol visitors.

16(b) If the Department of General Services is able to secure
17a suitable tenant under subsection (a), the tenant shall comply
18with the provisions of 3 Pa.C.S. Ch. 57 Subch. A (relating to
19retail food facility safety). A lease agreement between the
20Department of General Services and a tenant shall include the
21name of the licensor with jurisdiction under 3 Pa.C.S. Ch. 57
22Subch. A.

23(c) <-A If applicable, a licensee of the Department of Labor
24and Industry under Subarticle (b) or (c) of Article XXII of the
25act of April 9, 1929 (P.L.177, No.175), known as "The
26Administrative Code of 1929," shall comply with 3 Pa.C.S. Ch. 57
27Subch. A. The Department of Labor and Industry shall specify to
28the licensee the name of the licensor with jurisdiction under 3
29Pa.C.S. Ch. 57 Subch. A.

30Section 2. Section 3 of the act is amended to read:

1Section 3. (a) The Department of [Health] Agriculture shall
2have the power and it shall be its duty to inspect from time to
3time, following the regulatory standards established by the 
4department under 3 Pa.C.S. Ch. 57 Subch. A (relating to retail 
5food facility safety), any and all restaurants operated under
6the provisions of [this act] section 1(a), and to report to the
7Governor periodically on the sanitary and health conditions
8prevailing in said restaurant or restaurants.

9(b) If the Department of General Services, the Department of 
10Labor and Industry or the Department of Agriculture determines 
<-11that a tenant or a licensor is not in compliance with 3 Pa.C.S. 
12Ch. 57 Subch. A, the Department of Agriculture shall have the 
13authority to execute a memorandum of understanding with the 
14licensor to license and inspect the restaurant. Any fees 
15collected by the licensor shall be transferred to the Department 
16of Agriculture on a prorated basis for the license period. <-that:

17(1) A tenant is not licensed as required under 3 Pa.C.S. §
185703(a) (relating to license required), the licensor shall be
19notified and shall take appropriate compliance or enforcement
20action under 3 Pa.C.S. Ch. 57 Subch. A (relating to retail food
21facility safety).

22(2) A licensor is not in compliance with 3 Pa.C.S. §
235703(e), the Department of Agriculture shall exercise the
24authority granted under 3 Pa.C.S. § 5707(c) (relating to powers
25of department).

26Nothing in this subsection shall invalidate any authority to 
27license and inspect a restaurant conferred by consent upon the 
28Department of Agriculture by a licensor and in effect upon the 
29effective date of this subsection.

30Section 3. Section 6 of the act is amended to read:

1Section 6. "Restaurant," as used in this act, shall mean
2grill, cafeteria and soda fountain, to include all the incidents
3of such businesses as they are generally conducted in this
4Commonwealth.

5"Licensor," as used in this act, shall have the same meaning
6as defined in 3 Pa.C.S. § 5702 (relating to definitions).

7Section 4. This act shall take effect immediately.