HB 77 — An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for definitions, providing for food allergy awareness and further providing for powers of department.

PRINTER'S NO.   29

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 77
                                               Session of
                                                 2025

     INTRODUCED BY VENKAT, MIHALEK, PASHINSKI, SANCHEZ, KUZMA, KHAN,
        NEILSON, PIELLI, HILL-EVANS, JAMES, HADDOCK, SCHLOSSBERG,
        FRANKEL, SHUSTERMAN, OTTEN, MALAGARI, GUENST, PROBST, CEPEDA-
        FREYTIZ AND HOWARD, JANUARY 10, 2025

     REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
        JANUARY 10, 2025


                                    AN ACT
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, in food protection, further providing for
 3      definitions, providing for food allergy awareness and further
 4      providing for powers of department.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The definition of "potentially hazardous food" in
 8   section 5702 of Title 3 of the Pennsylvania Consolidated
 9   Statutes is amended to read:
10   § 5702.    Definitions.
11      The following words and phrases when used in this subchapter
12   shall have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      * * *
15      "Potentially hazardous food."   The term shall have the same
16   meaning as [defined in the 2009] the term "time/temperature
17   control for safety food" in section 1-201 in the 2022 edition of
 1   the Food Code published by the [Department of Health and Human
 2   Services,] United States Food and Drug Administration, or any
 3   successor [document] standards approved by [regulation of] the
 4   department under section 5707(e) (relating to powers of
 5   department).
 6      * * *
 7      Section 2.     Section 5705 of Title 3 is amended to read:
 8   § 5705.    [(Reserved).] Food allergy awareness.
 9      (a)    Requirements.--Each proprietor of a retail food facility
10   shall:
11             (1)   Prominently display a poster acceptable to the
12      department and in accordance with subsection (b) in the
13      employee area that provides information for employees on food
14      allergy awareness.
15             (2)   Include on a food menu or through other written
16      information a notice to a customer of food allergens used in
17      the retail food facility and a request for the customer to
18      inform the employee serving the customer about the customer's
19      food allergy.
20      (b)    Posters.--The department shall require posters under
21   this section to contain, at a minimum, a description of the
22   major food allergens and symptoms of an allergic reaction and
23   any other related requirements that are specified in the Food
24   Code, published by the United States Food and Drug
25   Administration. The following apply:
26             (1)   The secretary shall transmit notice of the other
27      related requirements that are specified in the version of the
28      Food Code that is in effect on the effective date of this
29      paragraph to the Legislative Reference Bureau for publication
30      in the next available issue of the Pennsylvania Bulletin.

20250HB0077PN0029                     - 2 -
 1             (2)   The secretary shall review any subsequent changes to
 2      the other related requirements that are specified under the
 3      Food Code and shall transmit notice of the changes to the
 4      Legislative Reference Bureau for publication in the next
 5      available issue of the Pennsylvania Bulletin.
 6      Section 3.     Section 5707(a) of Title 3 is amended and the
 7   section is amended by adding a subsection to read:
 8   § 5707.    Powers of department.
 9      (a)    Rules and regulations.--The department shall make such
10   reasonable rules and regulations as may be deemed necessary for
11   carrying out the provisions and intent of this subchapter. In
12   promulgating regulations, the department shall be guided by the
13   [most current] 2022 edition of the Food Code, published by the
14   United States [Department of Health,] Food and Drug
15   Administration or any successor standards approved by the
16   department under subsection (e). The regulatory standards
17   established by the department under this section shall be the
18   standards followed and applied by any licensor with respect to
19   retail food facilities.
20      * * *
21      (e)    Incorporation by reference.--
22             (1)   The secretary shall review the 2022 edition of the
23      Food Code, published by the United States Food and Drug
24      Administration, and transmit notice to the Legislative
25      Reference Bureau for publication in the next available issue
26      of the Pennsylvania Bulletin of the approved standards under
27      subsection (a).
28             (2)   The secretary shall review any subsequent changes to
29      the Food Code and shall transmit notice of approved standards
30      under subsection (a) to the Legislative Reference Bureau for

20250HB0077PN0029                     - 3 -
1     publication in the next available issue of the Pennsylvania
2     Bulletin.
3     Section 4.    This act shall take effect in 60 days.




20250HB0077PN0029                 - 4 -