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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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 57 of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
CORRECTIONAL INSTITUTIONS
Sec.
5750. Definitions.
5751. Health and safety requirements.
5752. Health and safety inspections.
5753. Rules and regulations.
5754. Construction of subchapter.
§ 5750. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Correctional institution." A State correctional institution
or a county correctional institution.
"County correctional institution." A correctional facility,
prison or jail owned or operated by a county.
"Federal acts." As defined under section 5722 (relating to
definitions).
"State correctional institution." A correctional facility,
prison or jail owned or operated by the Commonwealth.
§ 5751. Health and safety requirements.
Correctional institutions shall, at a minimum, develop and
utilize local policies and procedures that are in keeping with
existing State law and recognized professional standards,
including the following requirements:
(1) Food shall be prepared and served in a sanitary
manner.
(2) Food preparation areas and food distribution areas
shall be maintained in a safe and clean condition at all
times.
(3) Food shall be stored and prepared in a proper manner
to ensure freshness and to prevent spoilage and damage from
insects and rodents.
(4) Appropriate food service head cover, beard and
facial hair cover and gloves shall be worn by staff, food
service contractors and inmates engaged in food preparation
or distribution or both.
(5) At least one supervisory food service employee shall
be certified in food safety and sanitation in accordance with
Chapter 65 (relating to food employee certification).
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(6) A person in charge shall always be present during
all hours of operations. If the person in charge is not
certified, the person in charge shall receive documented
training as to the food safety and sanitation procedures
established by written local policy.
(7) Food handlers must wash their hands upon reporting
to duty and after using toilet facilities.
(8) Eating and drinking utensils shall be cleaned,
rinsed and sanitized before being reissued to another inmate.
(9) Food shall be served as promptly as possible and at
the proper temperature.
§ 5752. Health and safety inspections.
(a) Inspection.--The department shall have the power and
duty to:
(1) Enter a correctional institution at reasonable
times.
(2) Inspect the correctional institution at reasonable
times, within reasonable limits and in a reasonable manner.
(3) Obtain a sample of any food at a correctional
institution for analysis as may be necessary to determine the
safety of the food, water and kitchens and the compliance
with the minimum health and safety requirements under section
5751 (relating to health and safety requirements).
(b) Report of inspection.--
(1) Upon completion of an inspection of a correctional
institution and prior to leaving the premises, the secretary
shall provide to the person in charge a written report of the
findings of the inspection.
(2) Inspection reports shall be published on the
department's publicly accessible Internet website.
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(c) Interagency coordination.--The department shall share
inspection reports or test results that indicate human illness
related to food consumption or food handling practices, or to
other threats to the safety of the food supply, with the
Department of Health, the Department of Environmental
Protection, the Department of Corrections or any other
Commonwealth agency as necessary to develop a comprehensive,
coordinated interagency approach to protecting public health and
safeguarding the food supply.
(d) Interagency compliance.--The Department of Corrections
and county correctional administrators shall cooperate with
inspections under this subchapter and provide any information
requested by the department in relation to an inspection under
this section.
§ 5753. Rules and regulations.
(a) Nature of rules.--The secretary shall be charged with
the enforcement of this subchapter and shall promulgate rules,
regulations and food standards necessary for its proper
enforcement. The rules, regulations and food standards shall
conform and shall be construed to conform with the purposes
expressed in section 5754 (relating to construction of
subchapter).
(b) Adoption of Federal regulations.--All regulations
adopted under the Federal acts that relate to food on, before or
after the effective date of this subchapter are adopted as
regulations in this Commonwealth and shall remain in effect
unless subsequently modified or superseded by regulations
promulgated by the secretary.
(c) Water standards. -- If a correctional institution uses or
supplies water for human consumption, the water shall be in
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compliance with the primary and secondary Maximum Contaminant
Levels, treatment techniques and Maximum Residual Disinfectant
Levels required by the act of May 1, 1984 (P.L.206, No.43),
known as the Pennsylvania Safe Drinking Water Act, and its
attendant regulations.
§ 5754. Construction of subchapter.
( a) Construction.--The pro visions of this subchapter and the
regulations promulgated under this subchapter shall be construed
in a manner that is consistent with Federal acts and regulations
promulgated under those acts. The secretary shall not ordain or
enforce requirements relating to sanitation, food safety, food
standards and labeling requirements of any kind or description
other than those provided for in Federal acts unless the
proposed regulation meets all of the following:
(1) is justified by compelling and unique local
conditions;
(2) protects an important public interest that would
otherwise be unprotected;
(3) relates to subject matter that is primarily local in
nature and the Federal agency with responsibility over the
subject matter is not exercising its jurisdiction with
respect to the subject matter;
(4) would not cause a food to be in violation of any
applicable requirements under a Federal act; and
(5) would not unduly burden interstate commerce.
(b) Secretary to participate in rulemaking.--The secretary
is encouraged to participate in rulemaking under Federal acts
and, if necessary, to pursue Federal rulemaking as is deemed
necessary for the protection of the residents of this
Commonwealth through the Federal petition and rulemaking
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process.
Section 2. This act shall take effect in 60 days.
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