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.
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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
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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
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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
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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.
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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:
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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
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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.
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