§ 6-305. Reserved. 51

 

Notes

51	Amended, 1961 Ordinances, p. 945; repealed, Bill No. 170794 (approved January 3, 2018).

§ 6-306. Meat and Meat Products.

   (1)   Slaughter of Animals.

      (a)   No animal shall be slaughtered for sale for human consumption except in a food establishment which complies with the applicable requirements of this Code and such regulations as the Board may prescribe for ante- mortem or post-mortem inspection.

      (b)   Every ante-mortem and post-mortem inspection required by the Board shall be made by inspectors approved by the Department. If such inspectors find after due inspection or inspections that:

         (.1)   the animal or any part thereof is fit for human consumption, they shall affix to each and every primal part of the carcass thereof which is fit for human consumption such mark, stamp or other designation of approval as the Board may by regulation prescribe;

         (.2)   the animal or any part thereof is adulterated, they shall forthwith cause it to be condemned as provided in Section 6-304.

      (c)   Where ante-mortem or post-mortem inspections are required by the Board, no person shall sell any meat or meat products for human consumption unless it is first inspected and approved as provided in subsection 6-306(1)(b)(.1).

      (d)   No person shall handle, skin, butcher, cut up, dress, or prepare any adulterated meat or meat products in any part of any food establishment where animals are slaughtered, dressed, or prepared for human food.

   (2)   Shellfish.

      (a)   Shellfish shall be handled, shucked, stored, washed, packed and repacked in accordance with such regulations as the Board may prescribe to assure their cleanliness and wholesomeness.

      (b)   All lots of shellfish, except those which are completely sterilized, shall originate from sources approved by the United States Public Health Service and the Commonwealth of Pennsylvania, and shall be plainly marked with the name of the packer or shipper, their source, the time when they were gathered and packed and such further information as the Board may by regulation prescribe to insure their cleanliness and wholesomeness.

§ 6-307. Foods Containing Artificial Trans Fats. 52

   (1)   No person shall store, distribute, hold for service, use in preparation of any menu item or serve any foods containing artificial trans fat, as defined in this Section, in any food service establishment except food that is served directly to patrons in a manufacturer's original sealed package.

   (2)   A food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, contains or is vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, except that a food the nutrition facts label of which, or other documentation from the manufacturer, lists the trans fat content of the food as less than 0.5 grams per serving shall not be deemed to contain artificial trans fat.

   (3)   Food service establishments shall maintain on site either the original labels identifying the trans fat content or approved alternative documentation for all food products:

      (a)   that are, or that contain, fats, oils or shortenings;

      (b)   that are, when purchased by such food service establishments, required by applicable law to have labels; and

      (c)   that are being stored, distributed, held for service, used in preparation of any menu items or served by the food service establishment.

   Documentation acceptable to the Department from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels, or where original labels are not required by law.

   (4)   Exemptions: The following establishments shall be exempt from the provisions of this Section for bakery products only:

      (a)   Any establishment engaged both in the preparation and retail sale of bakery products on the premises; or any other location operated by such establishment for the retail sale of its bakery products, provided it operates no more than three (3) such retail sales locations within the City.

   (5)   This Section shall take effect on September 1, 2007 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and shall take effect on September 1, 2008 with respect to all other uses of foods containing artificial trans fat.

 

Notes

52	Added, Bill No. 060958 (approved February 15, 2007); amended, Bill No. 070511 (became law November 15, 2007).

§ 6-308. Menu Labeling Requirements for Chain Establishments. 53

   (1)   Chain restaurants shall provide nutrition information for all food or beverage items listed for sale on menus as follows:

      (a)   The total number of calories (rounded to the nearest ten calories), grams of saturated fat, grams of trans fat, grams of carbohydrates and milligrams of sodium, per menu item as usually prepared and offered for sale shall be provided adjacent to each item on the menu, in a size and typeface similar to price and other information provided about each menu item;

      (b)   When menu boards or food tags are used in lieu of other forms of menus, the nutrition information may be limited to the total number of calories per item, provided that (i) the additional information required in subsection (a) is made available, in writing, to customers upon request; and (ii) a sign on or near the menu board or food tag states in clear and conspicuous typeface: "Additional nutrition information for all menu items available upon request."

      (c)   The Board of Health may approve a variation in the method of presentation of the required nutrition information, provided that the Board deems such method appropriate for the protection of the public health, and provided that the approved method supplies the required information to the consumer at the point of decision- making as to a food order. Until any variation is approved, the chain restaurant shall comply with the requirements of this Section.

   (2)   (a)   Every menu provided by a chain restaurant, or written information provided pursuant to subsection (1)(b) when menu boards or food tags are used, shall include, in clear and conspicuous typeface: (i) a statement of the current U.S. Food and Drug Administration recommended limits for grams of saturated fat (including trans fat) and milligrams of sodium for a 2,000 calorie-per-day diet; and (ii) the following statement: "A 2,000 calorie daily diet is used as the basis for general nutrition advice; individual calorie needs, however, may vary." 54

      (b)   Menus, menu boards or food tags may also include the following, or a similar statement: "This nutrition information is based on standard recipes and product formulations; however, variations may occur due to differences in preparation, serving sizes, ingredients, or special orders."

   (3)   For menu items that come in different flavors and varieties but that are listed as a single item, such as soft drinks, ice cream, pizza, and doughnuts, the median value for calories or other nutrition information for all flavors or varieties shall be listed if the calorie or other nutrition information for all flavors or varieties are within twenty percent (20%) of the median. If the calories or other nutrition information are not within twenty percent (20%) of the median, then the range for all the flavors or varieties shall be listed. If food tags are used to identify different varieties of similar items, the calories per serving of each item shall be listed on each food tag.

   (4)   Exceptions. Chain restaurants shall not be required to provide nutrition information for:

      (a)   items such as specials or limited time offerings that appear on menus for less than thirty (30) days per year;

      (b)   condiments and other items placed on a table or counter for general use without charge;

      (c)   items sold in a manufacturer's original sealed package that contain nutrition information as required by federal law; and

      (d)   custom orders which do not appear on the menu, menu boards or food tags.

   (5)   Any chain restaurant that delivers food or beverage items outside of the premises in wrappers or boxes shall provide the information required by this Section in connection with each item delivered on each wrapper and box in a clear and conspicuous manner.

   (6)   Nutrition information must be based upon analytic methods and express nutrient content in a manner consistent with U.S. Food and Drug Administration regulations. A menu is out of compliance with this Ordinance if any nutrition information on the menu for any particular item varies by more than twenty percent (20%) from a nutrient analysis of a representative sample of the menu item.

   (7)   Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Health Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be one hundred fifty dollars ($150).

 

Notes

53	Added, Bill No. 080167-A (approved November 19, 2008), effective January 1, 2010.
54	Enrolled bill designated this as subsection (2); renumbered as subsection (2)(a) by Code editor.

§ 6-309. Outdated Products. 55

   (1)   Prohibited Conduct. It shall be unlawful for any food establishment to sell or offer to sell to the public any outdated product or to knowingly alter, mutilate, destroy, obliterate or remove by means of a price sticker or otherwise the whole or any part of the expiration date displayed on the label or packaging of any non-prescription drug, infant formula, baby food, milk, milk products and eggs.

   (2)   Discount Incentive for Locating Outdated Products. A person who discovers any outdated product in a food establishment and notifies an employee of that food establishment shall be entitled to purchase from that food establishment one of the same product, not-outdated, at a discount of fifty percent (50%) off the product's current price, for every outdated product the person discovers.

   (3)   Refund and Discount Incentive for Purchase of Outdated Products. A person who purchases an outdated product at a food establishment and notifies the food establishment in person or in writing within 30 days of purchase and provides as evidence the original purchase receipt and the original product, still unused and unopened, bearing the expiration or "sell-by" date, shall immediately receive from the food establishment a cash refund of the original purchase price of the product and shall be entitled to purchase one of the same product, not-outdated, at a discount of fifty percent (50%) off the product's current price.

   (4)   Posting Requirement.

      (a)   Notice to consumers. All food establishments shall post signs informing consumers of the refund and discount incentive for locating outdated products provisions of this Section at the entrance and at every cash register in such establishments.

      (b)   Notice to employees. All food establishments shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations under this Section.

   (5)   Reporting Requirement. Chains with more than 10 establishments in the City and food establishments whose annual revenues exceed one million dollars ($1,000,000) shall report annually to the Department the number of refunds they have issued under the refund provision of this Section at each food establishment and the number of products they have provided at a fifty percent (50%) discount at each food establishment under the discount incentive provisions of this Section.

   (6)   Inspections. The Department shall inspect food establishments for the presence of food and/or drug products in violation of this Section in the course of all inspections it conducts of food establishments and shall cite any violations in its written inspection reports.

   (7)   Penalties.

      (a)   All violations of each subsection of this Section which are committed on a single calendar day shall be aggregated together and constitute one single violation for the purpose of issuing citations and assessing penalties under this Section. Violations of different subsections of this Section which are committed on a single calendar day shall not be aggregated and shall constitute separate and distinct violations for the purpose of issuing citations and assessing penalties under this Section.

      (b)   A violation of any provision of this Section shall be classified as a Class II offense and the penalty for such violation is a fine not exceeding the maximum fine for Class II offenses as set forth in Section 1-109. The penalty shall be exclusive of and in addition to any payments under the refund provision of this Section, any provision of products at discount under the discount incentive provisions of this Section, any other subsection of this Section or any provision of Section 6-301.

   (8)   Injunction Against Unlawful Practices; Additional Penalties.

      (a)   Whenever it shall appear to the Department that a food establishment or chain has engaged in or may be engaging in any practice declared to be unlawful by this Section, the Department may apply to the Court of Common Pleas of Philadelphia County for an injunction prohibiting such person from continuing such practices or engaging therein or doing any acts in furtherance thereof.

      (b)   In addition to any other remedy authorized herein the court may revoke any food establishment license issued pursuant to the Health Code upon a finding that such person has knowingly and persistently engaged in a pattern of practices declared to be unlawful by this Section. The court may make such orders or judgments as may be necessary to prevent the use or employment by a person of any prohibited practices, or which may be necessary to restore to any person in interest any moneys or property, real or personal which may have been acquired by means of any practice herein declared to be unlawful.

      (c)   Such orders or judgments could include, but are not limited to:

         (.1)   directing a food establishment or chain to institute enhanced training and compliance procedures and systems to ensure that outdated products are not offered for sale;

         (.2)   directing a food establishment or chain to retain an independent monitor to perform periodic random compliance checks to ensure that outdated products are not offered for sale; and

         (.3)   directing a food establishment to pay the reasonable costs of litigation incurred by the Department in bringing the civil action.

   (9)   Protection of Employees.

      (a)   Employees Not To Be Discharged. No food establishment may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority any violation of this Section.

      (b)   Discrimination Prohibited. No food establishment may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee is requested by an appropriate authority to participate in an investigation, hearing or inquiry held by an appropriate authority or in a court action relating to a violation of this Section.

      (c)   Cause of Action for Employees Alleging Employer Misconduct. An employee alleging a violation of this Section may bring a civil action in the Court of Common Pleas of Philadelphia County for appropriate injunctive relief or damages, or both, within 180 days after the occurrence of the alleged violation.

         (.1)   Standard of Proof and Defenses. In such an action, the employee must show by a preponderance of the evidence that, prior to the alleged reprisal, the employee or a person acting on behalf of the employee had reported or was about to report in good faith, verbally or in writing, an instance of wrongdoing or waste to the employer or an appropriate authority. It shall be a defense to an action under this Section if the defendant proves by a preponderance of the evidence that the action by the employer occurred for separate and legitimate reasons, which are not merely pretextual.

         (.2)   Remedies Available to Prevailing Employee. A court, in rendering a judgment in an action brought under this Section, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate.

      (d)   This Section shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by an appropriate authority, or impair the rights of any person under a collective bargaining agreement.

 

Notes

55	Added, Bill No. 090383 (approved August 17, 2009).

§ 6-310. Sodium Safety Warning Labeling for Chain Establishments. 56

   (1)   On all Menus, Menu Boards, and Food Tags, except as provided in subsection 6-310(2), Chain Restaurants must display a Sodium Warning Label next to or directly under the name of each Menu Item containing 2,300 or more milligrams (mg) of sodium, including each Menu Item that provides for variations containing fewer than 2,300 milligrams (mg) of sodium if any variation containing 2,300 or more milligrams (mg) of sodium is offered on the Menu, Menu Board, or Food Tag. Variations include any combination of customization options offered for a Menu Item on the Menu, Menu Board, or Food Tag, but do not include the results of unsolicited requests from consumers to customize a Menu Item. The name of a Menu Item next to or directly under which a Sodium Warning Label may be required (e.g., "Roast Beef Sandwich") does not include names of categories to which the Menu Item belongs (e.g., "Sandwiches") and does not include names of customization options for the Menu Item (e.g., "Whole Wheat Bread").

   (1.1)   For Menus that allow customization of a Menu Item through interactivity with consumers, including interactive electronic Menus, Chain Restaurants may, instead of displaying a static Sodium Warning Label in accordance with subsection (1), display a Sodium Warning Label dynamically so that it appears when the consumer makes a choice that would increase the sodium content of the Menu Item to 2,300 or more milligrams (mg) of sodium, and disappears when the consumer makes a choice that would decrease the sodium content of the Menu Item to fewer than 2,300 milligrams (mg) of sodium.

   (1.2)   For Menus that allow customization of a Menu Item through interactivity with consumers, including interactive electronic Menus, Chain Restaurants may, instead of displaying a static Sodium Warning Label in accordance with subsection (1), display a Sodium Warning Label next to or directly under the name of each Menu Item containing 2,300 or more milligrams (mg) of sodium and display, for Menu Items that allow customization on interactive electronic Menus that could result in the Menu Item containing 2,300 or more milligrams (mg) of sodium, the Sodium Warning Label and Sodium Warning Statement on an interpolated screen after selection and before customization of the Menu Item. Such interpolated screen shall be dedicated exclusively to the purpose of communicating information related to the requirements of this Section, shall communicate to the consumer that some variations of the selected Menu Item contain more than 2,300 milligrams (mg) of sodium, and shall explain how the consumer can procure more detailed nutritional information.

   (2)   A Menu Item intended for sharing that consists of more than one Discrete Serving (e.g., a pizza) requires a Sodium Warning Label only if each Discrete Serving contains 2,300 or more milligrams (mg) of sodium.

   (3)   Chain Restaurants required to display at least one Sodium Warning Label must make Sodium Warning Statements clearly visible and legible on any Menus, on or near any Menu Boards, and on or near any Food Tags on which at least one Sodium Warning Label appears. A Sodium Warning Statement need not appear on each page of a Menu, but shall be displayed so that a consumer would reasonably be expected to see it before selecting a Menu Item.

   (4)   Upon request by a Chain Restaurant, the Department may issue by letter determinations regarding requests for variations in the display requirements of this Section, which may include only permission for variations in location, color, or size of the Sodium Warning Label and Sodium Warning Statement display requirements.

   (5)   Compliance with this Section shall be required twelve (12) months after the effective date. Upon request of a Chain Restaurant, the Department may grant an additional compliance delay of up to six (6) months.

   (6)   Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be two hundred fifty dollars ($250).

 

Notes

56	Added, Bill No. 180001-A (approved September 12, 2018).