31 Pa. Stat. § 300.3

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 300.3 - Standards prescribed
(a) General standards.--Except as provided in subsection (b), within 24 hours of being laid, a shell egg sold or produced within this Commonwealth shall be subjected to and maintained at an ambient temperature not to exceed 55 degrees Fahrenheit. After the shell egg is washed and packed, it shall be subjected to and maintained at an ambient temperature not to exceed 45 degrees Fahrenheit.
(b) Refrigeration until use or purchase.--At any public eating or drinking establishment, food processor, retail food store, distributor or other food establishment, a shell egg shall be maintained at an internal temperature not to exceed 45 degrees Fahrenheit until use or preparation or until purchase by a consumer.
(c) Identifying code.--Each container or consumer receptacle shall be labeled with a printed code which permits the processor to identify the date of process and the flock of origin of the eggs contained therein. The processor may meet the requirement of this subsection either by marking each container or consumer receptacle with the date of process and the flock of origin or by having in place a system, approved by the Department of Agriculture, that permits the processor to readily and accurately identify the date of process and the flock of origin for a particular container or consumer receptacle of shell eggs.
(d) Additional labeling.--The words "keep refrigerated" shall be marked in a plain and conspicuous manner on each container or consumer receptacle of shell eggs, as prescribed by the Department of Agriculture.
(e) Recordkeeping.--
(1) The processor of shell eggs shall keep records as are necessary to permit him to readily and accurately identify the flock of origin and the date of lay for each consumer receptacle of shell eggs and to permit the Department of Agriculture to verify that the temperature requirements established in subsection (a) have been complied with.
(2) A record required to be kept under this subsection shall be maintained for at least six months and shall be made immediately available to the Department of Agriculture or the Department of Environmental Resources upon request.
(f) Certain small egg processors.--
(1) This section shall not apply to an egg processor who meets all of the following requirements:
(i) maintained at all times during the prior 12-month period a flock of not more than 3,200 laying hens in the aggregate;
(ii) sells or markets eggs predominantly within a 100-mile radius of the facility in which the eggs were produced and processed for sale or distribution;
(iii) sells or markets eggs within five days of the date of lay; and
(iv) stores the eggs prior to sale at a temperature of 60 degrees Fahrenheit or less.
(2) In a proceeding under section 5 or 6, this subsection shall be presumed to be inapplicable in absence of proof to the contrary.
(3) Small egg processors exempted under this section shall print clearly and conspicuously on each container or consumer receptacle the date of lay of eggs contained therein.

31 P.S. § 300.3

1991, Aug. 6, P.L. 321, No. 32, § 3, effective in 30 days.