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Ex. DUT-PA-014 Standing duty Primary source read

Regulation (7 Pa. Code ch. 46, subch. H, sec. 46.1144)

7 Pa. Code sec. 46.1144, Conditions of retention: responsibilities of the retail food facility operator

Pennsylvania Department of Agriculture · Pennsylvania (State)

The COVID Project

The record

Jurisdiction
Pennsylvania
Level
State
Authority
Retail Food Facility Safety Act, 3 Pa.C.S. secs. 5701-5714; Food Safety Act, 3 Pa.C.S. secs. 5721-5737; Administrative Code sec. 1705(d), 71 P.S. sec. 445(d)
Issued
2014-04-11 Apr. 11, 2014
Effective
Standing regulation throughout 2020 and 2021 (read as 2014-04-11)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 11, 2014 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: retail food facility operators (license holders)
Character
sanitary code duty
Collection
Standing duties: Pennsylvania DUT-PA

Operative words

To retain a license issued by the Department or licensor under this chapter, a retail food facility operator shall do the following:... (9) Comply with directives of the Department or licensor including... orders, warnings and other directives issued by the Department or licensor in regard to the operator's retail food facility or in response to community emergencies.

Penalty

Loss of the license (condition of retention); 3 Pa.C.S. sec. 5714 penalties (Ex. DUT-PA-017)

What it required

Made retention of every retail food facility license conditional on compliance with the Department's 'orders, warnings and other directives... in response to community emergencies,' on immediately reporting 'an illness of a food employee,' and on immediately discontinuing operations when 'an imminent health hazard may exist because of an emergency such as... onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health,' with no resumption 'until approval is obtained.'

Retrieval note

Official Pennsylvania Code page rendered to PDF. Chapter 46 adopts the FDA Model Food Code by reference (7 Pa. Code sec. 46.3 and the chapter's reserved subchapters); paragraph (4) cross-references Subpart 2-201 of the Model Food Code (responsibilities of permit holder, person in charge, food employees and conditional employees regarding illness).