HB 2033 — An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for correctional institutions; imposing duties on the Department of Agriculture; and promulgating regulations.

PRINTER'S NO.   2604

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2033
                                                 Session of
                                                   2025

     INTRODUCED BY DAVIDSON, MADSEN, WAXMAN, HILL-EVANS, McNEILL,
        RIVERA, SANCHEZ, KHAN, HOHENSTEIN AND D. WILLIAMS,
        NOVEMBER 13, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 17, 2025


                                      AN ACT
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, in food protection, providing for correctional
 3      institutions; imposing duties on the Department of
 4      Agriculture; and promulgating regulations.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Chapter 57 of Title 3 of the Pennsylvania
 8   Consolidated Statutes is amended by adding a subchapter to read:
 9                                SUBCHAPTER D
10                          CORRECTIONAL INSTITUTIONS
11   Sec.
12   5750.   Definitions.
13   5751.   Health and safety requirements.
14   5752.   Health and safety inspections.
15   5753.   Rules and regulations.
16   5754.   Construction of subchapter.
17   § 5750.   Definitions.
18      The following words and phrases when used in this subchapter
 1   shall have the meanings given to them in this subsection unless
 2   the context clearly indicates otherwise:
 3      "Correctional institution."      A State correctional institution
 4   or a county correctional institution.
 5      "County correctional institution."      A correctional facility,
 6   prison or jail owned or operated by a county.
 7      "Federal acts."     As defined under section 5722 (relating to
 8   definitions).
 9      "State correctional institution."      A correctional facility,
10   prison or jail owned or operated by the Commonwealth.
11   § 5751.    Health and safety requirements.
12      Correctional institutions shall, at a minimum, develop and
13   utilize local policies and procedures that are in keeping with
14   existing State law and recognized professional standards,
15   including the following requirements:
16             (1)   Food shall be prepared and served in a sanitary
17      manner.
18             (2)   Food preparation areas and food distribution areas
19      shall be maintained in a safe and clean condition at all
20      times.
21             (3)   Food shall be stored and prepared in a proper manner
22      to ensure freshness and to prevent spoilage and damage from
23      insects and rodents.
24             (4)   Appropriate food service head cover, beard and
25      facial hair cover and gloves shall be worn by staff, food
26      service contractors and inmates engaged in food preparation
27      or distribution or both.
28             (5)   At least one supervisory food service employee shall
29      be certified in food safety and sanitation in accordance with
30      Chapter 65 (relating to food employee certification).

20250HB2033PN2604                     - 2 -
 1             (6)   A person in charge shall always be present during
 2      all hours of operations. If the person in charge is not
 3      certified, the person in charge shall receive documented
 4      training as to the food safety and sanitation procedures
 5      established by written local policy.
 6             (7)   Food handlers must wash their hands upon reporting
 7      to duty and after using toilet facilities.
 8             (8)   Eating and drinking utensils shall be cleaned,
 9      rinsed and sanitized before being reissued to another inmate.
10             (9)   Food shall be served as promptly as possible and at
11      the proper temperature.
12   § 5752.    Health and safety inspections.
13      (a)     Inspection.--The department shall have the power and
14   duty to:
15             (1)   Enter a correctional institution at reasonable
16      times.
17             (2)   Inspect the correctional institution at reasonable
18      times, within reasonable limits and in a reasonable manner.
19             (3)   Obtain a sample of any food at a correctional
20      institution for analysis as may be necessary to determine the
21      safety of the food, water and kitchens and the compliance
22      with the minimum health and safety requirements under section
23      5751 (relating to health and safety requirements).
24      (b)     Report of inspection.--
25             (1)   Upon completion of an inspection of a correctional
26      institution and prior to leaving the premises, the secretary
27      shall provide to the person in charge a written report of the
28      findings of the inspection.
29             (2)   Inspection reports shall be published on the
30      department's publicly accessible Internet website.

20250HB2033PN2604                     - 3 -
 1      (c)    Interagency coordination.--The department shall share
 2   inspection reports or test results that indicate human illness
 3   related to food consumption or food handling practices, or to
 4   other threats to the safety of the food supply, with the
 5   Department of Health, the Department of Environmental
 6   Protection, the Department of Corrections or any other
 7   Commonwealth agency as necessary to develop a comprehensive,
 8   coordinated interagency approach to protecting public health and
 9   safeguarding the food supply.
10      (d)    Interagency compliance.--The Department of Corrections
11   and county correctional administrators shall cooperate with
12   inspections under this subchapter and provide any information
13   requested by the department in relation to an inspection under
14   this section.
15   § 5753.   Rules and regulations.
16      (a)    Nature of rules.--The secretary shall be charged with
17   the enforcement of this subchapter and shall promulgate rules,
18   regulations and food standards necessary for its proper
19   enforcement. The rules, regulations and food standards shall
20   conform and shall be construed to conform with the purposes
21   expressed in section 5754 (relating to construction of
22   subchapter).
23      (b)    Adoption of Federal regulations.--All regulations
24   adopted under the Federal acts that relate to food on, before or
25   after the effective date of this subchapter are adopted as
26   regulations in this Commonwealth and shall remain in effect
27   unless subsequently modified or superseded by regulations
28   promulgated by the secretary.
29      (c)    Water standards.--If a correctional institution uses or
30   supplies water for human consumption, the water shall be in

20250HB2033PN2604                    - 4 -
 1   compliance with the primary and secondary Maximum Contaminant
 2   Levels, treatment techniques and Maximum Residual Disinfectant
 3   Levels required by the act of May 1, 1984 (P.L.206, No.43),
 4   known as the Pennsylvania Safe Drinking Water Act, and its
 5   attendant regulations.
 6   § 5754.    Construction of subchapter.
 7      (a)    Construction.--The provisions of this subchapter and the
 8   regulations promulgated under this subchapter shall be construed
 9   in a manner that is consistent with Federal acts and regulations
10   promulgated under those acts. The secretary shall not ordain or
11   enforce requirements relating to sanitation, food safety, food
12   standards and labeling requirements of any kind or description
13   other than those provided for in Federal acts unless the
14   proposed regulation meets all of the following:
15             (1)   is justified by compelling and unique local
16      conditions;
17             (2)   protects an important public interest that would
18      otherwise be unprotected;
19             (3)   relates to subject matter that is primarily local in
20      nature and the Federal agency with responsibility over the
21      subject matter is not exercising its jurisdiction with
22      respect to the subject matter;
23             (4)   would not cause a food to be in violation of any
24      applicable requirements under a Federal act; and
25             (5)   would not unduly burden interstate commerce.
26      (b)    Secretary to participate in rulemaking.--The secretary
27   is encouraged to participate in rulemaking under Federal acts
28   and, if necessary, to pursue Federal rulemaking as is deemed
29   necessary for the protection of the residents of this
30   Commonwealth through the Federal petition and rulemaking

20250HB2033PN2604                     - 5 -
1   process.
2      Section 2.   This act shall take effect in 60 days.




20250HB2033PN2604                 - 6 -