Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 300.9 - Enforcement(a) Department of Agriculture.--The Department of Agriculture shall have the following powers and duties:(1) To administer and enforce the provisions of this act.(2) To periodically inspect food processors, distributors, retail food stores and other food establishments for compliance with this act. The Department of Agriculture may enter upon any public or private premises during hours of their operation and other reasonable times, without prior notice, to inspect, conduct tests, take samples and examine records as it deems necessary to determine compliance with this act.(3) To impose civil penalties against persons as a result of the inspections and sampling referred to in paragraph (2).(4) To conduct hearings under 2 Pa.C.S. (relating to administrative law and procedure).(5) To adopt the rules and regulations as are necessary to carry out this act.(b) Department of Environmental Resources.--The Department of Environmental Resources shall have the following powers and duties: (1) To issue orders and to administer and enforce the provisions of this act as it relates to any public eating and drinking establishment.(2) To periodically inspect public eating and drinking establishments for compliance with this act. The Department of Environmental Resources may enter upon any public or private premises during hours of their operation and other reasonable times, without prior notice, to inspect, conduct tests, take samples and examine records as it deems necessary to determine compliance with this act.(3) To impose civil penalties against persons as a result of the inspections and sampling referred to in paragraph (2).(4) To develop policies and regulations and to make recommendations of regulations to the Environmental Quality Board for adoption to carry out the provisions of this act.(c) Environmental Hearing Board.--The Environmental Hearing Board shall hear appeals, in accordance with the act of July 13, 1988 (P.L. 530, No. 94) , known as the Environmental Hearing Board Act, of actions taken by the Department of Environmental Resources pursuant to this act.1991, Aug. 6, P.L. 321, No. 32, § 9, effective in 30 days.