PRINTER'S NO. 2808
No. 2148 Session of 1999
INTRODUCED BY E. Z. TAYLOR, FLICK, RUBLEY, M. COHEN, JOSEPHS,
PESCI, RAMOS, WILT AND YOUNGBLOOD, DECEMBER 13, 1999
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 13, 1999
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 TABLE OF CONTENTS
15 Section 1. Short title.
16 Section 2. Definitions.
17 Section 3. Ice plant and production area.
18 Section 4. Equipment and utensils.
19 Section 5. Handling and labeling of ice.
1 Section 6. Water supply, treatment and testing.
2 Section 7. Transportation.
3 Section 8. Registration and licensing of ice plants.
4 Section 9. Out-of-State producers.
5 Section 10. Use of fees and penalties.
6 Section 11. Recalls and public notification.
7 Section 12. Delegation.
8 Section 13. Small ice producers.
9 Section 14. Rules and regulations.
10 Section 15. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Manufactured
15 Ice Law.
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Contamination." Includes, but is not limited to, exposure
21 to or contact with litter; waste; broken glass or refuse;
22 rodents; insects; micro-organisms; dust or dirt; dripping,
23 seeping or leaking water or condensate; harmful chemicals;
24 paint; grease; or other foreign matter.
25 "Department." The Department of Environmental Resources of
26 the Commonwealth.
27 "Easily cleanable." Readily accessible for removal of dirt,
28 or of such material and finish and so fabricated that residue
29 may be completely removed by normal cleaning methods.
30 "Employee." A person working in an ice plant or ice
19990H2148B2808 - 2 -
1 production area in a commercial establishment who transports ice
2 or ice containers, who comes in contact with ice equipment, or
3 who engages in ice manufacture, processing, packaging, storage
4 or distribution.
5 "Equipment." Grinders, crushers, chippers, ice makers,
6 shavers, scorers, saws, cubers, can fillers, drop tubes,
7 needles, core-sucking devices, conveyors and similar items used
8 in ice plants.
9 "Ice." The product, in any form, obtained as a result of
10 freezing water by mechanical or artificial means.
11 "Ice contact surface." A surface, including a water line,
12 that is touched by a product or ingredient during processing.
13 The term includes those surfaces from which water may drain,
14 drip or splash back.
15 "Ice plant." Any commercial place, premises or establishment
16 where ice is manufactured, processed or packaged and offered for
17 sale for human consumption.
18 "Local agency." A governmental unit other than a unit of the
19 Commonwealth. The term includes, but is not limited to, a
20 county, city, borough, incorporated town, township or municipal
21 authority.
22 "Person." An individual, or a firm, partnership, company,
23 corporation, trustee, association, or other public or private
24 entity.
25 "Processing." Grinding, crushing, flaking, cubing or any
26 other operation which changes the physical characteristics of
27 ice, or packaging ice for human consumption.
28 "Producer." Any person who owns or operates an ice plant.
29 "Product area." Where ice or its ingredients or packaging
30 materials are handled or stored, and any area related to the
19990H2148B2808 - 3 -
1 manufacturing, packaging, handling or storage of ice intended
2 for sale for human consumption.
3 "Secretary." The Secretary of Environmental Resources of the
4 Commonwealth.
5 "Single-service article." An article, including packaging
6 material, which is intended by the manufacturer, and generally
7 recognized by the public, as being for one usage only, and is
8 then to be discarded.
9 "Utensil." A multiuse can, bucket, tub, pail, cover,
10 container, tong, pick, shovel, scoop or similar item used in the
11 manufacture, handling, processing and transport of ice.
12 Section 3. Ice plant and production area.
13 The grounds of an ice plant shall be free from conditions
14 which may result in the contamination of ice. Plant buildings,
15 structures and product areas for ice manufacture shall be
16 suitable in size, construction and design to facilitate
17 maintenance and sanitary operations. Ice manufacturing,
18 processing, packaging and storage operations shall be conducted
19 in an enclosed building maintained in a sanitary condition. The
20 building shall protect the ice, ingredients, equipment and
21 utensils from contamination. Ice contact surfaces, including
22 storage bins, conveyors, packaging equipment and hand utensils,
23 shall be kept clean and in good repair. Ice contact surfaces
24 shall be cleaned, using acceptable cleansers and cleaning
25 methods, as often as necessary to ensure that no contamination
26 of the product occurs.
27 Section 4. Equipment and utensils.
28 Equipment and utensils used in ice plants or ice production
29 areas shall be of easily cleanable construction, shall be kept
30 clean and in good repair, and shall be handled and stored in a
19990H2148B2808 - 4 -
1 sanitary manner. Materials used as ice-contact surfaces shall be
2 smooth, nontoxic, corrosion-resistant and nonabsorbent. Single-
3 service articles, including packaging, shall be stored,
4 dispensed and handled in a sanitary manner and shall be used
5 only once.
6 Section 5. Handling and labeling of ice.
7 (a) Freedom from contamination.--Ice shall be protected from
8 contamination while being manufactured, processed, packaged and
9 stored.
10 (b) Labeling requirements.--Packaged ice products shall be
11 labeled clearly to show the product name, manufacturer, location
12 of processing plant, recall code and package weight. The label
13 shall bear the manufacturer's license number issued by the
14 department.
15 (c) Records of product origination.--The producer shall be
16 required to keep records of the source, address, license number
17 and quantity of all ice received for processing.
18 (d) Recall.--In lieu of a recall code, an ice plant shall
19 develop a recall procedure both for portions of the marketed
20 product and for complete withdrawal of the plant's entire
21 product on the market. Recall procedures shall be approved by
22 the department.
23 Section 6. Water supply, treatment and testing.
24 (a) Water quality standards.--Ice intended for human
25 consumption shall meet the bacteriological, chemical and
26 physical standards of State and local laws, ordinances and
27 regulations. In addition, the United States Environmental
28 Protection Agency drinking water standards and regulations of
29 the Federal Food and Drug Administration shall apply. Water used
30 in ice-manufacturing plants shall be of safe and sanitary
19990H2148B2808 - 5 -
1 quality and drawn from public water supply systems regulated
2 under the act of May 1, 1984 (P.L.206, No.43), known as the
3 Pennsylvania Safe Drinking Water Act, or private water supply
4 systems which are of a quality that meets all drinking water
5 standards under that act. Both the water used in the
6 manufacturing process and the ice produced shall at all times
7 meet the drinking water standards established under the
8 Pennsylvania Safe Drinking Water Act.
9 (b) Testing.--
10 (1) A person who manufactures ice shall be required to
11 conduct and record bacteriological, chemical and physical
12 testing to ensure that water from a private water supply
13 system used in the manufacture of ice intended for sale for
14 human consumption complies with standards and methods as
15 established by the department.
16 (2) A person who manufactures ice shall be required to
17 conduct and record bacteriological, chemical and physical
18 testing to ensure that ice manufactured for human consumption
19 or for the refrigeration of food products complies with
20 standards and methods as established by the department.
21 (3) Ice plants shall maintain on file, on the premises
22 occupied by the ice plant, copies of all records for a period
23 of time established by the department in regulation.
24 (4) All testing shall be conducted by a laboratory
25 certified under the Pennsylvania Safe Drinking Water Act and
26 in accordance with 25 Pa. Code Ch. 109 (relating to safe
27 drinking water).
28 (c) Water supply construction, design and operation.--Water
29 supplies used in ice plants must meet the requirements of a
30 public water system, in accordance with 25 Pa. Code, Ch. 109.
19990H2148B2808 - 6 -
1 Section 7. Transportation.
2 While being transported or delivered, ice shall be protected
3 from contamination. The ice compartment of vehicles used to
4 transport or deliver ice shall be of cleanable material and
5 construction, and shall be kept clean and in good repair.
6 Section 8. Registration and licensing of ice plants.
7 (a) Registration deadline.--Ice plants in this Commonwealth
8 shall be annually registered and licensed on or before September
9 1 with the department and shall pay the following fees:
10 (1) A registration fee of $50 per manufacturing
11 location.
12 (2) A license fee of $2 per ton of capacity.
13 (b) Registration statement.--The producer's registration
14 statement shall be signed and verified, shall be made on a
15 registration form furnished by the department, and shall contain
16 the following information:
17 (1) The name under which the business is conducted.
18 (2) The address of the place of business in this
19 Commonwealth being registered.
20 (3) If a sole proprietorship, the name of the
21 proprietor; if a partnership, the names of all partners; if a
22 corporation, the date and place of incorporation and name and
23 address of its registered agent in this Commonwealth; and if
24 another type of association, the names of its principals.
25 (4) The names of those individuals in an actual
26 administrative capacity which, in the case of a sole
27 proprietorship, shall be the managing proprietor; in a
28 partnership, the managing partner; in a corporation, the
29 officers and directors; and in another association, those in
30 a managerial capacity.
19990H2148B2808 - 7 -
1 (5) The number and capacity of ice manufacturing or
2 processing machines which manufacture or process ice for
3 sale.
4 (c) Two or more ice plants.--If a person operates more than
5 one ice plant, he shall register each establishment separately
6 by listing the name and address of each establishment on the
7 registration statement.
8 (d) Inspections.--
9 (1) The department is authorized to make inspections or
10 to require an ice plant to make self-inspections, conduct
11 tests and take samples as is deemed necessary, in accordance
12 with regulations the department establishes.
13 (2) The department is authorized to require any ice
14 plant to establish and maintain records, make reports and
15 furnish information the department prescribes as being
16 reasonably necessary to demonstrate that the plant is
17 complying with the requirements of this act and with the
18 terms and conditions of its license.
19 (3) The department and its agents shall have the right
20 to enter any premises subject to this act upon presentation
21 of appropriate credentials at any reasonable time in order to
22 determine compliance with this act, and to that end may test,
23 inspect or sample any feature of an ice plant and inspect,
24 copy or photograph any monitoring equipment or other feature
25 of an ice plant or records required to be kept under
26 provisions of this act.
27 (4) Upon being refused entry or access, an agent or
28 employee of the department may apply for a search warrant to
29 a Commonwealth official authorized to issue a search warrant
30 for the purposes of authorizing entry for inspecting or
19990H2148B2808 - 8 -
1 examining a property, building, premises, place, book, record
2 or other physical evidence; conducting tests, or taking
3 samples. The warrant shall be issued upon probable cause. It
4 shall be sufficient probable cause to show any of the
5 following:
6 (i) The inspection, examination, test or sampling is
7 pursuant to a general administrative plan to determine
8 compliance with this act.
9 (ii) The agent or employee has reason to believe
10 that a violation of this act has occurred or may occur.
11 (iii) The agent or employee has been refused access
12 to the property, building, premises, place, book, record
13 or physical evidence, or has been prevented from
14 conducting tests or taking samples.
15 (iv) The object of the investigation is subject to
16 regulation under this act.
17 (e) Issuance of license.--
18 (1) The department shall license an ice plant which
19 meets the requirements of this act and any regulations
20 promulgated hereunder.
21 (2) It is unlawful for a person to operate an ice plant
22 without first having received a written license from the
23 department. Applications for a license shall be submitted to
24 the department on a form and in a manner prescribed by the
25 department. Each location shall be licensed separately. A
26 license to operate an ice plant shall be valid for a period
27 of 12 months.
28 (3) A license shall be renewed annually as long as the
29 ice plant is in compliance with this act. An application for
30 renewal shall be made no later than 30 days prior to the
19990H2148B2808 - 9 -
1 expiration of the existing license. A license shall not be
2 transferred to a new producer without written approval by the
3 department showing the ice plant is in compliance with this
4 act.
5 (f) Compliance.--Ice producers shall comply with the minimum
6 standards specified in this act.
7 (g) License revocation.--The department may, after providing
8 notice and an opportunity for hearing, refuse to license an ice
9 plant, or may revoke or suspend the license for violations of
10 the requirements in this law or for interference with the
11 department in the performance of its duty under this act.
12 (h) Civil penalties.--If a person violates this act or a
13 rule or order adopted or license issued under this act, the
14 department may assess a civil penalty against that person as
15 follows:
16 (1) The penalty may be in an amount not to exceed
17 $10,000 per day for a person who violates this act or a rule,
18 order or license issued under this act.
19 (2) Each day a violation continues may be considered a
20 separate violation for purposes of penalty assessment.
21 (3) In determining the amount of the penalty, the
22 department shall consider:
23 (i) The seriousness of the violation, including, but
24 not limited to, the nature, circumstances, extent and
25 gravity of the prohibited acts and the hazard or
26 potential hazard created to the health or safety of the
27 public.
28 (ii) The history of previous violations.
29 (iii) The amount necessary to deter future
30 violations.
19990H2148B2808 - 10 -
1 (iv) Efforts to correct the violations.
2 (v) Any other matters that justice may require to be
3 considered.
4 Section 9. Out-of-State producers.
5 An out-of-State ice producer shall submit adequate proof of
6 approval of an ice plant by the out-of-State agency having
7 jurisdiction over ice plants, pursuant to standards
8 substantially the same as those contained in this act or must
9 receive a license to operate an ice plant from the department
10 before ice manufactured or processed by the out-of-State ice
11 plant may be offered for sale or use in this Commonwealth.
12 Section 10. Use of fees and penalties.
13 All fines; assessments; civil penalties; and permit, license
14 and registration fees collected under this act shall be paid
15 into the State Treasury and placed in a restricted account to be
16 known as the Environmental Health Fund, hereby established. The
17 fund shall be administered by the department to pay
18 administrative expenses necessary to carry out this and other
19 acts related to environmental health administered by the
20 department. All moneys paid into the fund are hereby allocated
21 to the department to carry out the purposes of this act and
22 other acts related to environmental health.
23 Section 11. Recalls and public notification.
24 (a) Power of department to recall.--The department may order
25 a recall of ice, prohibit the sale of ice, or undertake any
26 other action necessary to protect the public health and carry
27 out the provisions of this act.
28 (b) Duty of licensee.--The licensee of an ice plant shall,
29 as soon as practicable, give public notification whenever the
30 ice manufactured is not in compliance with this act or the
19990H2148B2808 - 11 -
1 regulations adopted thereunder.
2 (1) Newspaper notice shall be given by the licensee by
3 publication in a newspaper of general circulation as long as
4 the violation continues.
5 (2) The department may prescribe alternative notice
6 requirements for violation of other regulations adopted under
7 this act.
8 Section 12. Delegation.
9 The department is authorized to enter into agreements,
10 contracts or cooperative arrangements under such terms and
11 conditions as may be deemed appropriate with other Federal
12 agencies, State agencies, local agencies, including agreements
13 with local health departments, or agencies in other states to
14 delegate one or more of its regulatory functions to issue
15 licenses, inspect, monitor and enforce this act. The department
16 shall monitor and supervise activities conducted pursuant to
17 such an agreement for consistency with this act and the rules
18 and regulations of the department.
19 Section 13. Small ice producers.
20 In any place regulated under the act of May 23, 1945
21 (P.L.926, No.369), referred to as the Public Eating and Drinking
22 Place Law, where ice is manufactured on site by an ice machine
23 and served to the public, the department shall not require
24 separate licensing under this act for that purpose. Ice which is
25 not manufactured for use within the place, however, shall meet
26 the requirements of this act.
27 Section 14. Rules and regulations.
28 The Environmental Quality Board may, in the manner provided
29 by law, promulgate the rules and regulations necessary to carry
30 out this act.
19990H2148B2808 - 12 -
1 Section 15. Effective date.
2 This act shall take effect in one year.
J1L27JS/19990H2148B2808 - 13 -