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 p . . .owers of department.
Summary
HB77 updates Pennsylvania’s food protection laws to align state rules more closely with the 2022 U.S. Food and Drug Administration Food Code. It revises the statutory definition of “potentially hazardous food” to use the Food Code’s “time/temperature control for safety food” terminology and directs the Department of Agriculture to base its retail food facility regulations on the 2022 Food Code and any successor standards approved by the department.
The bill also creates a new food allergy awareness requirement for retail food facilities. Each proprietor must post an approved food allergy awareness poster in the employee area and provide customers with written notice about food allergens used in the facility, along with a request that customers inform staff about any food allergy. The Department of Agriculture is tasked with specifying the poster content, including major allergens and symptoms of allergic reactions, and with publishing notice of applicable Food Code standards and updates in the Pennsylvania Bulletin. The act takes effect in 60 days.
Impact
HB77 would amend Title 3 of the Pennsylvania Consolidated Statutes, specifically the food protection subchapter, by updating definitions and expanding regulatory requirements for retail food facilities. It gives the Department of Agriculture clearer authority to use the 2022 FDA Food Code as the baseline for retail food safety standards and to incorporate future Food Code changes through notice publication. The bill would directly affect restaurant and other retail food facility operators by adding employee training/posting and customer notice obligations related to food allergies, while also affecting department licensing and enforcement practices.
Sentiment
The bill appears to have broad support in the House, passing the Agriculture and Rural Affairs Committee 20-6 and the House floor 150-52, with an additional unanimous 37-0 vote in Appropriations to re-report it as committed. The voting pattern suggests generally favorable sentiment toward improving food safety and allergy awareness, though the floor vote indicates some significant opposition remained. No committee transcript was provided, so the available record shows support through passage rather than detailed debate.
Contention
The main points of contention likely center on the added compliance burden for retail food facilities and the extent to which Pennsylvania should automatically track FDA Food Code updates. Supporters appear to favor stronger food allergy awareness and modernized food safety standards, while opponents may be concerned about regulatory costs, implementation complexity, and the Department of Agriculture’s ongoing authority to incorporate future standards by reference. The 52 no votes on final passage suggest these concerns were meaningful, even though the bill advanced comfortably.