PRIOR PRINTER'S NOS. 258, 837 PRINTER'S NO. 3311
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 2, 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.
19890H0232B3311 - 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, or distributed <--
7 or AND offered for sale for human consumption. or for use in <--
8 such a manner that it will come into direct contact with food
9 equipment or utensils or with food or beverage intended for
10 human consumption.
11 "Person." An individual, or a firm, partnership, company,
12 corporation, trustee, association, or other public or private
13 entity.
14 "Processing." Grinding, crushing, flaking, cubing or any
15 other operation which changes the physical characteristics of
16 ice, or packaged ice for human consumption.
17 "Product area." Where ice or its ingredients or packaging
18 materials are handled or stored, and any area related to the
19 manufacturing, packaging, handling or storage of ice intended
20 for sale for human consumption.
21 "Secretary." The Secretary of Environmental Resources of the
22 Commonwealth.
23 "Single-service article." An article, including packaging
24 material, which is intended by the manufacturer, and generally
25 recognized by the public, as being for one usage only, and is
26 then to be discarded.
27 "Utensil." A multiuse can, bucket, tub, pail, cover,
28 container, tong, pick, shovel, scoop or similar item used in the
29 manufacture, handling and transport of ice.
30 Section 3. Ice plant and production area.
19890H0232B3311 - 3 -
1 The grounds of an ice plant shall be free from conditions
2 which may result in the contamination of ice. Plant buildings,
3 structures and product areas for ice manufacture shall be
4 suitable in size, construction and design to facilitate
5 maintenance and sanitary operations. Ice manufacturing,
6 processing, packaging and storage operations shall be conducted
7 in an enclosed building maintained in a sanitary condition. The
8 building shall protect the ice, ingredients, equipment and
9 utensils from contamination. Ice contact surfaces, including
10 storage bins, conveyors, packaging equipment and hand utensils,
11 shall be kept clean and in good repair. Ice contact surfaces
12 shall be cleaned, using acceptable cleansers and cleaning
13 methods, as often as necessary to insure that no contamination
14 of the product occurs.
15 Section 4. Equipment and utensils.
16 Equipment and utensils used in ice plants or ice production
17 areas shall be of easily cleanable construction, shall be kept
18 clean and in good repair, and shall be handled and stored in a
19 sanitary manner. Materials used as ice-contact surfaces shall be
20 smooth, nontoxic, corrosion resistant and nonabsorbent. Single-
21 service supplies, including packaging, shall be stored,
22 dispensed and handled in a sanitary manner and shall be used
23 only once.
24 Section 5. Handling and labeling of ice.
25 Ice shall be protected from contamination while being
26 manufactured, processed, packaged and stored. Packaged ice
27 products, other than those produced for sale to or use by the <--
28 public at the premises where produced, shall be labeled clearly
29 to show the name, manufacturer, location of processing plant, <--
30 source of approved water used and package weight. The label
19890H0232B3311 - 4 -
1 shall bear the manufacturer's establishment number issued by the
2 department. Packaged ice shall not be less than 2% of its <--
3 labeled weight.
4 Section 6. Water supply, treatment and testing.
5 (a) Water quality standards.--Ice intended for human
6 consumption and for use in direct contact with water, beverage, <--
7 food, food equipment or utensils shall meet the bacteriological,
8 chemical and physical standards of State and local laws,
9 ordinances and regulations. In addition, the United States
10 Environmental Protection Agency drinking water standards and
11 regulations of the Federal Food and Drug Administration shall
12 apply. Water used in ice plants shall be of safe and sanitary
13 quality and drawn from a public or private water supply system
14 which is in conformance with applicable laws and in compliance
15 with applicable standards and regulations.
16 (b) Testing.--
17 (1) Bacteriological, chemical and physical tests shall
18 be conducted and recorded to insure that water FROM A PRIVATE <--
19 WATER SUPPLY SYSTEM used in the manufacture of ice intended
20 for sale for human consumption complies with standards as
21 established by the department.
22 (2) Bacteriological, chemical and physical tests shall
23 be conducted and recorded on the finished ice to insure that
24 ice manufactured for human consumption or for the
25 refrigeration of food products complies with standards as
26 established by the department.
27 Section 7. Transportation.
28 While being transported or delivered, ice shall be protected
29 from contamination. The ice compartment of vehicles used to
30 transport or deliver ice shall be of cleanable material and
19890H0232B3311 - 5 -
1 construction, and shall be kept clean and in good repair.
2 Section 8. Registration and licensing of ice plants.
3 (a) Registration deadline.--Plants which produce ice which
4 is sold, offered for sale or used in this Commonwealth shall be
5 annually registered and licensed on or before September 1 with
6 the department and shall pay the following fees:
7 (1) For ice plants which manufacture or process ice <--
8 exclusively for sale to or use by the public on the same
9 premises where the ice is manufactured or processed, a fee of
10 $30 for each machine which manufactures or processes ice.
11 (2) For all ice plants other than those specified in
12 paragraph (1), the fee shall be based on production capacity
13 as follows:
14 Production Capacity in Tons Per Day
15 Up to and
16 including 25 - $ 50
17 26 to 50 - 100
18 51 to 75 - 250
19 76 to 100 - 500
20 101 to 150 - 750
21 151 to 200 - 1,000
22 over 200 - 1,800
23 (1) A REGISTRATION FEE OF $30 PER MANUFACTURING <--
24 LOCATION.
25 (2) A LICENSING FEE OF $2 PER TON OF CAPACITY.
26 (b) Registration statement.--The producer's registration
27 statement shall be signed and verified, shall be made on a
28 registration form furnished by the department, and shall contain
29 the following information:
30 (1) The name under which the business is conducted.
19890H0232B3311 - 6 -
1 (2) The address of each place of business in this
2 Commonwealth being registered.
3 (3) If a sole proprietorship, the name of the
4 proprietor; if a partnership, the names of all partners; if a
5 corporation, the date and place of incorporation and name and
6 address of its registered agent in this Commonwealth; and if
7 another type of association, the names of its principals.
8 (4) The names of those individuals in an actual
9 administrative capacity which, in the case of a sole
10 proprietorship, shall be the managing proprietor; in a
11 partnership, the managing partner; in a corporation, the
12 officers and directors; and in another association, those in
13 a managerial capacity.
14 (5) The number of ice manufacturing or processing
15 machines which manufacture or process ice for sale to or use
16 by the public on the premises where the machine is located.
17 (c) Two or more establishments.--If a producer operates more
18 than one establishment, he shall register each establishment
19 separately by listing the name and address of each establishment
20 on the registration statement.
21 (d) Prelicense inspection.--The applicant shall cooperate
22 with the department in any preregistration inspection of the ice
23 producer's facility which might be deemed necessary.
24 (e) Issuance of license.--The department shall license an
25 ice plant which meets the requirements of this section.
26 (f) Renewal of license.--
27 (1) A producer shall renew its license annually
28 following the requirements of this section.
29 (2) The application for renewal and the fee for each
30 establishment shall be submitted to the department on or
19890H0232B3311 - 7 -
1 before September 1 in accordance with the department
2 procedures set forth in this section.
3 (3) Failure to submit the renewal prior to September 1
4 may subject the food manufacturer to revocation or suspension
5 of the license.
6 (g) Compliance.--Producers shall comply with the minimum
7 standards specified in this law.
8 (h) License revocation.--The department may, after providing
9 notice and an opportunity for hearing, refuse to license an ice
10 plant, or may revoke or suspend the license for violations of
11 the requirements in this law or for interference with the
12 department in the performance of its duty under this law.
13 (i) Civil penalties.--If a person violates this law or a
14 rule or order adopted or license issued under this law, the
15 department may assess a civil penalty against that person as
16 follows:
17 (1) The penalty may be in an amount not to exceed
18 $10,000 a day for a person who violates this law or a rule,
19 order, license or registration issued under this law.
20 (2) Each day a violation continues may be considered a
21 separate violation for purposes of penalty assessment.
22 (3) In determining the amount of the penalty, the
23 department shall consider:
24 (i) The seriousness of the violation, including, but
25 not limited to, the nature, circumstances, extent and
26 gravity of the prohibited acts and the hazard or
27 potential hazard created to the health or safety of the
28 public.
29 (ii) The history of previous violations.
30 (iii) The amount necessary to deter future
19890H0232B3311 - 8 -
1 violations.
2 (iv) Efforts to correct the violations.
3 (v) Any other matters that justice may require to be
4 considered.
5 Section 9. Out-of-State producers.
6 (A) GENERAL RULE.--An out-of-State ice producer may submit <--
7 adequate proof of approval of an ice plant by the out-of-State
8 agency having jurisdiction over ice plants, pursuant to
9 standards substantially the same as those contained in this act.
10 Upon submission of such proof, the provisions of section 8(a)
11 shall not apply to said producer, provided that the other state
12 provides reciprocal provisions for ice producers located in
13 Pennsylvania.
14 (B) SHORTAGES.--IN TIMES OF SHORTAGE, STATE PRODUCERS MAY <--
15 IMPORT ICE FROM OUT-OF-STATE PRODUCERS PROVIDED THE ICE IS
16 APPROVED FOR SALE IN ITS STATE OF ORIGIN, HAS BEEN TESTED IN
17 ACCORDANCE WITH SECTION 6(B)(2) AND IS LABELED WITH A CODE
18 IDENTIFYING THE OUT-OF-STATE PRODUCER.
19 Section 10. Use of fees and fines.
20 All fees and fines collected pursuant to this act shall be
21 deposited in a restricted receipts account known as the
22 Manufactured Ice Law Enforcement Account, which is hereby
23 created. Moneys deposited in said account shall be annually
24 appropriated by the General Assembly solely for use in the
25 enforcement of the provisions of this act. Any funds
26 appropriated but not spent in a fiscal year shall not lapse, but
27 shall be returned to the fund and shall be available for
28 appropriation in subsequent years.
29 Section 11. Inspections and recalls.
30 The department shall conduct such inspections as are
19890H0232B3311 - 9 -
1 necessary to carry out the provisions of this act. The
2 department may order a recall of ice, prohibit the sale of ice,
3 or undertake any other action necessary to protect the public
4 health and carry out the provisions of this act.
5 Section 12. Rules and regulations.
6 The department shall prescribe rules and regulations
7 necessary to carry out the provisions of this act. The <--
8 department may establish separate rules and regulations for
9 those ice plants licensed pursuant to section 8(a)(1) and those
10 licensed pursuant to section 8(a)(2).
11 Section 13. Effective date.
12 This act shall take effect immediately IN ONE YEAR. <--
L16L27JLW/19890H0232B3311 - 10 -