§ 76.1. Compliance.

 (a)  Mandatory compliance. On or after July 1, 2004, a food establishment shall comply with the act and this chapter, unless it is exempt under subsection (d).

 (b)  Interim compliance optional. A food establishment need not comply with the act or this chapter until July 1, 2004, but is encouraged to do so in advance of that date.

 (c)  Benefit of interim compliance. If a food establishment that voluntarily complies with the act and this chapter is the subject of an action to recover fines or penalties for a violation of the Food Act, and the violation occurs prior to July 1, 2004, the voluntary compliance of the food establishment will be considered a mitigating factor in determining whether the food establishment shall be assessed more than the minimum fine or civil penalty required by law.

 (d)  Exemption for certain types of food establishments. The following food establishments are exempt from the requirements of the act and this chapter:

   (1)  A food establishment where only commercially prepackaged food is handled and sold.

   (2)  A food establishment that does not handle potentially hazardous food.

   (3)  A food establishment that is a food manufacturing facility engaged in the manufacture of prepackaged foods and which does not manufacture potentially hazardous food.

   (4)  A food establishment managed by an organization which is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.A. §  501(c)(3)).

   (5)  A food establishment managed on a not-for-profit basis by an organization which is a volunteer fire company or an ambulance, religious, charitable, fraternal, veterans, civic, agricultural fair or agricultural association or any separately chartered auxiliary of those associations.

   (6)  A food establishment managed by an organization which is established to promote and encourage participation and support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis.

   The provisions of this §  76.1 amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4139. Immediately preceeding text appears at serial pages (260081) to (260082).

   This section cited in 7 Pa. Code §  76.3 (relating to requirements for food establishments).