Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 57 - Food Protection
Section 5723 - Prohibited acts


The following acts are prohibited:
(1) Manufacture, sale, delivery, consignment, bailment, holding or offering for sale of any food that is adulterated or misbranded, except where a person in good faith delivers or offers to deliver the food and furnishes shipping documents to the secretary.
(2) Adulteration or misbranding of any food.
(3) Knowingly receiving in commerce any food which is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise.
(4) Sale, delivery for sale, holding for sale or offering for sale any article in violation of section 5731 (relating to poisonous or deleterious substances and tolerances).
(5) Refusal to permit during normal business hours entry to, inspection of or taking of a sample or access to or copying of any record at a food establishment as authorized under section 5732(a)(2) and (3) (relating to inspection, sampling and analysis).
(6) Removal or disposal of a detained or embargoed food article in violation of section 5726 (relating to detention and condemnation).
(7) Alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of a food or the doing of any other act with respect to a food, if the act is done while the food is held for sale and results in the food being adulterated or misbranded.
(8) Forging, counterfeiting, simulating, falsely representing or using without proper authority any mark, stamp, tag, label or other identification device authorized or required by regulation promulgated under this subchapter.
(9) Use by any person to his own advantage or revealing, other than to the secretary or the courts when relevant in any judicial proceeding under this subchapter, of any information acquired under authority of this subchapter concerning any method or process which, as a trade secret or confidential trade information, is entitled to protection.
(10) Holding of any potentially hazardous food at unsafe temperatures in violation of an applicable regulation issued under this chapter.
(11) Failure to register with the department under the provisions of section 5734 (relating to registration of food establishments).
(12) Use of wording which incorrectly indicates or implies that a label or product has received approval of the department. A food establishment may not claim registration either upon its label or package or otherwise, except as provided in section 5735 (relating to product registration).
(13) Sale of confectionery containing alcohol at a level above one-half of 1% by volume.
(14) Failure by a carrier to make records showing the movement in commerce of any food or the holding thereof during or after the movement and the quantity, shipper and consignee thereof available for one year after the initial date of movement of the food in commerce.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 3 - AGRICULTURE

Chapter 57 - Food Protection

Extra - Chapter Notes

Section 5701 - Short title of subchapter

Section 5702 - Definitions

Section 5703 - License required

Section 5704 - Inspection, sampling and analysis

Section 5707 - Powers of department

Section 5708 - Infectious persons

Section 5709 - Linens, equipment and utensils

Section 5710 - Retail food facility and employee cleanliness

Section 5711 - Toilets, sinks and drains

Section 5712 - Applicability

Section 5713 - School cafeterias and organized camps

Section 5714 - Penalties

Section 5721 - Short title of subchapter

Section 5722 - Definitions

Section 5723 - Prohibited acts

Section 5724 - Temporary or permanent injunctions

Section 5725 - Penalties

Section 5726 - Detention and condemnation

Section 5727 - Temporary permits

Section 5728 - Adulteration of food

Section 5729 - Misbranding of food

Section 5730 - Regulations to exempt certain labeling requirements

Section 5731 - Poisonous or deleterious substances and tolerances

Section 5732 - Inspection, sampling and analysis

Section 5733 - Rules and regulations

Section 5734 - Registration of food establishments

Section 5735 - Product registration

Section 5736 - Construction of subchapter

Section 5737 - Acts not affected

Section 5741 - Scope of subchapter

Section 5742 - Definitions

Section 5743 - Label requirement

Section 5744 - Sell-by date or best-by date of greater than 17 days from pasteurization

Section 5745 - Prohibitions

Section 5746 - Monitoring by milk plants and department

Section 5747 - Regulations