An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for rules and regulations.

PRINTER'S NO. 122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 183
Session of
2025
INTRODUCED BY ARGALL, GEBHARD, ROTHMAN, VOGEL, COLEMAN, J. WARD,
PHILLIPS-HILL, PENNYCUICK, STEFANO, LAUGHLIN, CULVER, DUSH
AND ROBINSON, JANUARY 24, 2025
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JANUARY 24, 2025
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, further providing for rules and
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5733(g) of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5733. Rules and regulations.
* * *
(g) Water standards.--[If a food establishment uses or
supplies water for human consumption, the water shall be in
compliance with the primary and secondary Maximum Contaminant
Levels (MCL), treatment techniques and Maximum Residual
Disinfectant Levels (MRDL) 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.]
(1) Except as otherwise provided in this subsection, if
a food establishment uses or supplies water for human
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consumption, regardless of the size of the bottle or
container:
(i) The water shall be in compliance with the
requirements under 21 CFR Pts. 129 (relating to
processing and bottling of bottled drinking water ) and
165 (relating to beverages).
(ii) The food est ablishment shall utilize a water
source:
(A) that meets the siting, design, construction,
maintenance and withdrawal requirements established
by the act of May 1, 1984 (P.L.206, No.43), known as
the Pennsylvania Safe Drinking Water Act, and
regulations promulgated thereunder; or
(B) from a jurisdiction that administers
standards no less stringent than those established
under the Pennsylvania Safe Drinking Water Act.
(iii) The department may accept documentation from
the Department of Environmental Protection to determine
that a water source satisfies the requirements under this
subsection.
(2) Bottled water products manufactured in accordance
with paragraph (1):
(i) Shall be labeled in accordance with all
requirements under the Federal acts and regulations
promulgated thereunder.
(ii) Shall not be required to use, carry or be
subject to any label or labeling requirements not
specifically required by the Federal acts and regulations
promulgated thereunder.
(iii) Shall be subject to the recall provisions
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specified in the Federal acts and regulations promulgated
thereunder.
(iv) Shall not be subject to any recall provision or
process not specified in the Federal acts and regulations
promulgated thereunder.
(3) I t is the intent of this subsection to vest
exclusive jurisdiction for enforcement of the Federal acts
and regulations promulgated thereunder in the department.
* * *
Section 2. All regulations and parts of regulations are
abrogated insofar as they are inconsistent with the amendment of
3 Pa.C.S. § 5733(g).
Section 3. This act shall take effect in 60 days.
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