SENATE AMENDED
PRIOR PRINTER'S NOS. 258, 837, 3311, PRINTER'S NO. 4298
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
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
AS AMENDED, NOVEMBER 14, 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.
1 This act shall be known and may be cited as the Manufactured
2 Ice Law.
3 Section 2. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Approved." Acceptable to the Department of Environmental <--
8 Resources of the Commonwealth, based on its determination of
9 conformance with appropriate standards of good public health
10 practice.
11 "Contamination." Includes, but is not limited to, exposure
12 to or contact with litter; waste; broken glass or refuse;
13 rodents; insects; microorganisms; dust or dirt; dripping,
14 seeping or leaking water or condensate; harmful chemicals;
15 paint; grease; or other foreign matter.
16 "Department." The Department of Environmental Resources of
17 the Commonwealth.
18 "Easily cleanable." Readily accessible for removal of dirt,
19 or of such material and finish and so fabricated that residue
20 may be completely removed by normal cleaning methods.
21 "Employee." A person working in an ice plant or ice
22 production area in a commercial establishment who transports ice
23 or ice containers, who comes in contact with ice equipment, or
24 who engages in ice manufacture, processing, packaging, storage
25 or distribution.
26 "Equipment." Grinders, crushers, chippers, ice makers,
27 shavers, scorers, saws, cubers, can fillers, drop tubes,
28 needles, core sucking devices, conveyors and similar items used
29 in ice plants.
30 "Food contact surface." A surface, including a water line, <--
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1 that is touched by a product or ingredient during processing.
2 The term includes those surfaces from which water may drain,
3 drip or splash back.
4 "Ice." The product, in any form, obtained as a result of
5 freezing water by mechanical or artificial means.
6 "ICE CONTACT SURFACE." A SURFACE, INCLUDING A WATER LINE, <--
7 THAT IS TOUCHED BY A PRODUCT OR INGREDIENT DURING PROCESSING.
8 THE TERM INCLUDES THOSE SURFACES FROM WHICH WATER MAY DRAIN,
9 DRIP OR SPLASH BACK.
10 "Ice plant." Any commercial place, premises or establishment
11 where ice is manufactured or processed, packaged and offered for
12 sale for human consumption.
13 "LOCAL AGENCY." A GOVERNMENTAL UNIT OTHER THAN A UNIT OF THE <--
14 COMMONWEALTH. THE TERM INCLUDES, BUT IS NOT LIMITED TO, A
15 COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP OR MUNICIPAL
16 AUTHORITY.
17 "Person." An individual, or a firm, partnership, company,
18 corporation, trustee, association, or other public or private
19 entity.
20 "Processing." Grinding, crushing, flaking, cubing or any
21 other operation which changes the physical characteristics of
22 ice, or packaged PACKAGING ice for human consumption. <--
23 "PRODUCER." ANY PERSON WHO OWNS OR OPERATES AN ICE PLANT. <--
24 "Product area." Where ice or its ingredients or packaging
25 materials are handled or stored, and any area related to the
26 manufacturing, packaging, handling or storage of ice intended
27 for sale for human consumption.
28 "Secretary." The Secretary of Environmental Resources of the
29 Commonwealth.
30 "Single-service article." An article, including packaging
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1 material, which is intended by the manufacturer, and generally
2 recognized by the public, as being for one usage only, and is
3 then to be discarded.
4 "Utensil." A multiuse can, bucket, tub, pail, cover,
5 container, tong, pick, shovel, scoop or similar item used in the
6 manufacture, handling, PROCESSING and transport of ice. <--
7 Section 3. Ice plant and production area.
8 The grounds of an ice plant shall be free from conditions
9 which may result in the contamination of ice. Plant buildings,
10 structures and product areas for ice manufacture shall be
11 suitable in size, construction and design to facilitate
12 maintenance and sanitary operations. Ice manufacturing,
13 processing, packaging and storage operations shall be conducted
14 in an enclosed building maintained in a sanitary condition. The
15 building shall protect the ice, ingredients, equipment and
16 utensils from contamination. Ice contact surfaces, including
17 storage bins, conveyors, packaging equipment and hand utensils,
18 shall be kept clean and in good repair. Ice contact surfaces
19 shall be cleaned, using acceptable cleansers and cleaning
20 methods, as often as necessary to insure that no contamination
21 of the product occurs.
22 Section 4. Equipment and utensils.
23 Equipment and utensils used in ice plants or ice production
24 areas shall be of easily cleanable construction, shall be kept
25 clean and in good repair, and shall be handled and stored in a
26 sanitary manner. Materials used as ice-contact surfaces shall be
27 smooth, nontoxic, corrosion resistant and nonabsorbent. Single-
28 service supplies ARTICLES, including packaging, shall be stored, <--
29 dispensed and handled in a sanitary manner and shall be used
30 only once.
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1 Section 5. Handling and labeling of ice.
2 Ice shall be protected from contamination while being
3 manufactured, processed, packaged and stored. Packaged ice
4 products shall be labeled clearly to show the PRODUCT name, <--
5 manufacturer, location of processing plant, RECALL CODE and <--
6 package weight. The label shall bear the manufacturer's
7 establishment LICENSE number issued by the department. THE <--
8 PRODUCER SHALL BE REQUIRED TO KEEP RECORDS OF THE SOURCE,
9 ADDRESS, LICENSE NUMBER AND QUANTITY OF ALL ICE RECEIVED FOR
10 PROCESSING.
11 Section 6. Water supply, treatment and testing.
12 (a) Water quality standards.--Ice intended for human
13 consumption shall meet the bacteriological, chemical and
14 physical standards of State and local laws, ordinances and
15 regulations. In addition, the United States Environmental
16 Protection Agency drinking water standards and regulations of
17 the Federal Food and Drug Administration shall apply. Water used
18 in ice plants shall be of safe and sanitary quality and drawn <--
19 from a public or private water supply system which is in
20 conformance with applicable laws and in compliance with
21 applicable standards and regulations. IN ICE MANUFACTURING <--
22 PLANTS SHALL BE OF SAFE AND SANITARY QUALITY AND DRAWN FROM
23 PUBLIC WATER SUPPLY SYSTEMS REGULATED UNDER THE ACT OF MAY 1,
24 1984 (P.L.206, NO.43), KNOWN AS THE PENNSYLVANIA SAFE DRINKING
25 WATER ACT, OR PRIVATE WATER SUPPLY SYSTEMS WHICH ARE OF A
26 QUALITY THAT MEET ALL DRINKING WATER STANDARDS UNDER THAT ACT.
27 BOTH THE WATER USED IN THE MANUFACTURING PROCESS AND THE ICE
28 PRODUCED SHALL AT ALL TIMES MEET THE DRINKING WATER STANDARDS
29 ESTABLISHED UNDER THE PENNSYLVANIA SAFE DRINKING WATER ACT.
30 (b) Testing.--
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1 (1) Bacteriological, chemical and physical tests shall
2 be conducted and recorded to insure that water from a private
3 water supply system used in the manufacture of ice intended
4 for sale for human consumption complies with standards AND <--
5 METHODS as established by the department.
6 (2) Bacteriological, chemical and physical tests shall
7 be conducted and recorded on the finished ice to insure that
8 ice manufactured for human consumption or for the
9 refrigeration of food products complies with standards AND <--
10 METHODS as established by the department.
11 (3) ICE PLANTS SHALL MAINTAIN ON FILE, ON THE PREMISES <--
12 OCCUPIED BY THE ICE PLANT, COPIES OF ALL RECORDS FOR A PERIOD
13 OF TIME ESTABLISHED BY THE DEPARTMENT IN REGULATION.
14 (4) ALL TESTING SHALL BE CONDUCTED BY A LABORATORY
15 CERTIFIED UNDER THE PENNSYLVANIA SAFE DRINKING WATER ACT.
16 (C) WATER SUPPLY CONSTRUCTION, DESIGN AND OPERATION.--WATER
17 SUPPLIES USED IN ICE PLANTS MUST MEET THE REQUIREMENTS OF A
18 PUBLIC WATER SYSTEM, IN ACCORDANCE WITH 25 PA. CODE, CHAPTER 109
19 (RELATING TO SAFE DRINKING WATER).
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 SECTION 8. LICENSING OF ICE PLANTS. <--
4 (A) DEADLINE.--WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
5 ACT, ICE PLANTS SHALL BE LICENSED BY THE DEPARTMENT AND SHALL
6 PAY THE FOLLOWING FEES:
7 (1) AN INITIAL AND ANNUAL LICENSE APPLICATION FEE OF $50
8 PER ICE PLANT LOCATION, PLUS $2 PER TON OF ICE MANUFACTURING
9 CAPACITY.
10 (2) THESE FEES MAY BE INCREASED OR DECREASED BY THE
11 DEPARTMENT BY REGULATION BASED ON THE COSTS ASSOCIATED WITH
12 PROCESSING LICENSING REQUESTS.
13 (b) Registration statement.--The producer's registration <--
14 LICENSE STATEMENT.--THE LICENSEE'S LICENSE statement shall be <--
15 signed and verified, shall be made on a registration form <--
16 furnished by the department, and shall contain the following
17 information:
18 (1) The name under which the business is conducted.
19 (2) The address of each THE place of business in this <--
20 Commonwealth being registered LICENSED. <--
21 (3) If a sole proprietorship, the name of the
22 proprietor; if a partnership, the names of all partners; if a
23 corporation, the date and place of incorporation and name and
24 address of its registered agent in this Commonwealth; and if
25 another type of association, the names of its principals.
26 (4) The names of those individuals in an actual
27 administrative capacity which, in the case of a sole
28 proprietorship, shall be the managing proprietor; in a
29 partnership, the managing partner; in a corporation, the
30 officers and directors; and in another association, those in
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1 a managerial capacity.
2 (5) The number AND CAPACITY of ice manufacturing or <--
3 processing machines which manufacture or process ice for
4 sale. to or use by the public on the premises where the <--
5 machine is located.
6 (c) Two or more establishments.--If a producer operates more
7 than one establishment, he shall register each establishment
8 separately by listing the name and address of each establishment
9 on the registration statement.
10 (d) Prelicense inspection.--The applicant shall cooperate
11 with the department in any preregistration inspection of the ice
12 producer's facility which might be deemed necessary.
13 (e) Issuance of license.--The department shall license an
14 ice plant which meets the requirements of this section.
15 (f) Renewal of license.--
16 (1) A producer shall renew its license annually
17 following the requirements of this section.
18 (2) The application for renewal and the fee for each
19 establishment shall be submitted to the department on or
20 before September 1 in accordance with the department
21 procedures set forth in this section.
22 (3) Failure to submit the renewal prior to September 1
23 may subject the food manufacturer to revocation or suspension
24 of the license.
25 (C) TWO OR MORE ICE PLANTS.--IF A PERSON OPERATES MORE THAN <--
26 ONE ICE PLANT, HE SHALL LICENSE EACH ICE PLANT SEPARATELY.
27 (D) INSPECTIONS.--
28 (1) THE DEPARTMENT IS AUTHORIZED TO MAKE SUCH
29 INSPECTIONS, CONDUCT SUCH TESTS OR SAMPLING, OR EXAMINE
30 BOOKS, PAPERS AND RECORDS PERTINENT TO ANY MATTER UNDER
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1 INVESTIGATION PURSUANT TO THIS ACT AS IT DEEMS NECESSARY TO
2 DETERMINE COMPLIANCE WITH THIS ACT AND, FOR THIS PURPOSE, THE
3 DULY AUTHORIZED AGENTS AND EMPLOYEES OF THE DEPARTMENT ARE
4 AUTHORIZED AT ALL REASONABLE TIMES TO ENTER AND EXAMINE ANY
5 PROPERTY, FACILITY, OPERATION OR ACTIVITY REQUIRED TO BE
6 LICENSED UNDER THIS ACT.
7 (2) THE DEPARTMENT IS AUTHORIZED TO REQUIRE ANY ICE
8 PLANT TO ESTABLISH AND MAINTAIN SUCH RECORDS AND MAKE SUCH
9 REPORTS AND FURNISH SUCH INFORMATION AS THE DEPARTMENT MAY
10 PRESCRIBE AS BEING REASONABLY NECESSARY TO DEMONSTRATE THAT
11 THE PLANT IS COMPLYING WITH THE REQUIREMENTS OF THIS ACT AND
12 WITH THE TERMS AND CONDITIONS OF ITS LICENSE.
13 (3) THE DEPARTMENT AND ITS AGENTS SHALL HAVE THE RIGHT
14 TO ENTER ANY PREMISES SUBJECT TO THIS ACT UPON PRESENTATION
15 OF APPROPRIATE CREDENTIALS AT ANY REASONABLE TIME IN ORDER TO
16 DETERMINE COMPLIANCE WITH THIS ACT, AND TO THAT END MAY TEST,
17 INSPECT OR SAMPLE ANY FEATURE OF AN ICE PLANT AND INSPECT,
18 COPY OR PHOTOGRAPH ANY MONITORING EQUIPMENT OR OTHER FEATURE
19 OF AN ICE PLANT OR RECORDS REQUIRED TO BE KEPT UNDER
20 PROVISIONS OF THIS ACT.
21 (4) UPON REFUSAL TO GRANT ENTRY OR ACCESS, AN AGENT OR
22 EMPLOYEE OF THE DEPARTMENT MAY APPLY FOR A SEARCH WARRANT TO
23 ANY COMMONWEALTH OFFICIAL AUTHORIZED TO ISSUE A SEARCH
24 WARRANT FOR THE PURPOSES OF AUTHORIZING SUCH ENTRY FOR
25 INSPECTING OR EXAMINING ANY PROPERTY, BUILDING, PREMISES,
26 PLACE, BOOK, RECORD OR OTHER PHYSICAL EVIDENCE, OF CONDUCTING
27 TESTS OR TAKING SAMPLES. SUCH WARRANT SHALL BE ISSUED UPON
28 PROBABLE CAUSE. IT SHALL BE SUFFICIENT PROBABLE CAUSE TO SHOW
29 ANY OF THE FOLLOWING:
30 (I) THE INSPECTION, EXAMINATION, TEST OR SAMPLING IS
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1 PURSUANT TO A GENERAL ADMINISTRATIVE PLAN TO DETERMINE
2 COMPLIANCE WITH THIS ACT;
3 (II) THE AGENT OR EMPLOYEE HAS REASON TO BELIEVE
4 THAT A VIOLATION OF THIS ACT HAS OCCURRED OR MAY OCCUR;
5 (III) THE AGENT OR EMPLOYEE HAS BEEN REFUSED ACCESS
6 TO THE PROPERTY, BUILDING, PREMISES, PLACE, BOOK, RECORD
7 OR PHYSICAL EVIDENCE, OR HAS BEEN PREVENTED FROM
8 CONDUCTING TESTS OR TAKING SAMPLES; OR
9 (IV) THE OBJECT OF THE INVESTIGATION IS SUBJECT TO
10 REGULATION UNDER THIS ACT.
11 (E) ISSUANCE OF LICENSE.--
12 (1) THE DEPARTMENT SHALL LICENSE AN ICE PLANT WHICH
13 MEETS THE REQUIREMENTS OF THIS ACT AND ANY REGULATIONS
14 PROMULGATED HEREUNDER.
15 (2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE AN
16 ICE PLANT WITHOUT FIRST HAVING RECEIVED A WRITTEN LICENSE
17 FROM THE DEPARTMENT. APPLICATIONS FOR A LICENSE SHALL BE
18 SUBMITTED TO THE DEPARTMENT ON A FORM AND IN A MANNER
19 PRESCRIBED BY THE DEPARTMENT. EACH LOCATION SHALL BE LICENSED
20 SEPARATELY. A LICENSE TO OPERATE AN ICE PLANT SHALL BE VALID
21 FOR A PERIOD OF 12 MONTHS.
22 (3) A LICENSE SHALL BE RENEWED ANNUALLY AS LONG AS THE
23 ICE PLANT IS IN COMPLIANCE WITH THIS ACT. AN APPLICATION FOR
24 RENEWAL SHALL BE MADE NO LATER THAN 30 DAYS PRIOR TO THE
25 EXPIRATION OF THE EXISTING LICENSE. A LICENSE SHALL NOT BE
26 TRANSFERRED TO A NEW PRODUCER WITHOUT WRITTEN APPROVAL BY THE
27 DEPARTMENT SHOWING THE ICE PLANT IS IN COMPLIANCE WITH THIS
28 ACT.
29 (g) (F) Compliance.--Producers ICE PRODUCERS shall comply <--
30 with the minimum standards specified in this law.
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1 (h) (G) License revocation.--The department may, after <--
2 providing notice and an opportunity for hearing, refuse to
3 license an ice plant, or may revoke or suspend the license for
4 violations of the requirements in this law or for interference
5 with the department in the performance of its duty under this
6 law.
7 (i) (H) Civil penalties.--If a person violates this law or a <--
8 rule or order adopted or license issued under this law, the
9 department may assess a civil penalty against that person as
10 follows:
11 (1) The penalty may be in an amount not to exceed
12 $10,000 a day for a person who violates this law or a rule,
13 order, license or registration issued under this law.
14 (2) Each day a violation continues may be considered a
15 separate violation for purposes of penalty assessment.
16 (3) In determining the amount of the penalty, the
17 department shall consider:
18 (i) The seriousness of the violation, including, but
19 not limited to, the nature, circumstances, extent and
20 gravity of the prohibited acts and the hazard or
21 potential hazard created to the health or safety of the
22 public.
23 (ii) The history of previous violations.
24 (iii) The amount necessary to deter future
25 violations.
26 (iv) Efforts to correct the violations.
27 (v) Any other matters that justice may require to be
28 considered.
29 Section 9. Out-of-State producers.
30 An out-of-State ice producer shall submit adequate proof of
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1 approval of an ice plant by the out-of-State agency having
2 jurisdiction over ice plants, pursuant to standards
3 substantially the same as those contained in this act OR MUST <--
4 RECEIVE A LICENSE TO OPERATE AN ICE PLANT FROM THE DEPARTMENT
5 BEFORE ICE MANUFACTURED OR PROCESSED BY THE OUT-OF-STATE ICE
6 PLANT MAY BE OFFERED FOR SALE OR USE IN THIS COMMONWEALTH.
7 Section 10. Use of fees and fines PENALTIES. <--
8 All fees and fines PENALTIES collected pursuant to this act <--
9 shall be deposited in a restricted receipts account known as the
10 Manufactured Ice Law Enforcement Account, which is hereby
11 created. Moneys deposited in said account shall be annually
12 appropriated by the General Assembly solely for use in the
13 enforcement of the provisions of this act. Any funds
14 appropriated but not spent in a fiscal year shall not lapse, but
15 shall be returned to the fund and shall be available for
16 appropriation in subsequent years.
17 Section 11. Inspections and recalls. <--
18 The department shall conduct such inspections as are
19 necessary to carry out the provisions of this act. The
20 department may order a recall of ice, prohibit the sale of ice,
21 or undertake any other action necessary to protect the public
22 health and carry out the provisions of this act.
23 Section 12. Small ice producers.
24 (a) Exemption.--Small ice producers shall be exempt from the
25 provisions of this act except that, if they manufacture ice
26 using water from a private water supply system, they shall test
27 their water in a manner similar to the testing required of
28 public eating and drinking places under 25 Pa. Code §§ 151.71
29 (relating to water supply) and 151.72 (relating to ice).
30 (b) Definitions.--As used in this section, the following
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1 words and phrases shall have the meanings given to them in this
2 subsection:
3 "Small ice producer." A manufacturer, processor or packager
4 of ice who manufactures, processes or packages less than five
5 tons of ice per year.
6 Section 13. Rules and regulations.
7 The department shall prescribe rules and regulations
8 necessary to carry out the provisions of this act.
9 Section 14. Effective date.
10 This act shall take effect in one year.
11 SECTION 11. RECALLS. <--
12 THE DEPARTMENT MAY ORDER A RECALL OF ICE, PROHIBIT THE SALE
13 OF ICE, OR UNDERTAKE ANY OTHER ACTION NECESSARY TO PROTECT THE
14 PUBLIC HEALTH AND CARRY OUT THE PROVISIONS OF THIS ACT.
15 SECTION 12. DELEGATION.
16 THE DEPARTMENT IS AUTHORIZED TO ENTER INTO AGREEMENTS,
17 CONTRACTS OR COOPERATIVE ARRANGEMENTS UNDER SUCH TERMS AND
18 CONDITIONS AS MAY BE DEEMED APPROPRIATE WITH OTHER FEDERAL
19 AGENCIES, STATE AGENCIES, LOCAL AGENCIES, INCLUDING AGREEMENTS
20 WITH LOCAL HEALTH DEPARTMENTS, OR AGENCIES IN OTHER STATES TO
21 DELEGATE ONE OR MORE OF ITS REGULATORY FUNCTIONS TO ISSUE
22 LICENSES, INSPECT, MONITOR AND ENFORCE THIS ACT. THE DEPARTMENT
23 SHALL MONITOR AND SUPERVISE ACTIVITIES CONDUCTED PURSUANT TO
24 SUCH AN AGREEMENT FOR CONSISTENCY WITH THIS ACT AND THE RULES
25 AND REGULATIONS OF THE DEPARTMENT.
26 SECTION 13. SMALL ICE PRODUCERS.
27 IN ANY PLACE REGULATED UNDER THE ACT OF MAY 23, 1945
28 (P.L.926, NO.369), REFERRED TO AS THE PUBLIC EATING AND DRINKING
29 PLACE LAW, WHERE ICE IS MANUFACTURED ON SITE BY AN ICE MACHINE
30 AND SERVED TO THE PUBLIC, THE DEPARTMENT SHALL MAKE CERTAIN THAT
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1 THE ICE MACHINE AND WATER SUPPLY ARE FREE FROM CONDITIONS WHICH
2 MAY RESULT IN THE CONTAMINATION OF THE ICE AND SHALL NOT REQUIRE
3 A SEPARATE PERMIT UNDER THIS ACT FOR THAT PURPOSE.
4 SECTION 14. RULES AND REGULATIONS.
5 THE ENVIRONMENTAL QUALITY BOARD MAY, IN THE MANNER PROVIDED
6 BY LAW, PROMULGATE THE RULES AND REGULATIONS NECESSARY TO CARRY
7 OUT THIS ACT.
8 SECTION 15. EFFECTIVE DATE.
9 THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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