SB 183 — 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
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, in food protection, further providing for rules and
 3      regulations.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Section 5733(g) of Title 3 of the Pennsylvania
 7   Consolidated Statutes is amended to read:
 8   § 5733.    Rules and regulations.
 9      * * *
10      (g)    Water standards.--[If a food establishment uses or
11   supplies water for human consumption, the water shall be in
12   compliance with the primary and secondary Maximum Contaminant
13   Levels (MCL), treatment techniques and Maximum Residual
14   Disinfectant Levels (MRDL) required by the act of May 1, 1984
15   (P.L.206, No.43), known as the Pennsylvania Safe Drinking Water
16   Act, and its attendant regulations.]
17             (1)   Except as otherwise provided in this subsection, if
18      a food establishment uses or supplies water for human
 1    consumption, regardless of the size of the bottle or
 2    container:
 3              (i)    The water shall be in compliance with the
 4        requirements under 21 CFR Pts. 129 (relating to
 5        processing and bottling of bottled drinking water) and
 6        165 (relating to beverages).
 7              (ii)    The food establishment shall utilize a water
 8        source:
 9                     (A)   that meets the siting, design, construction,
10              maintenance and withdrawal requirements established
11              by the act of May 1, 1984 (P.L.206, No.43), known as
12              the Pennsylvania Safe Drinking Water Act, and
13              regulations promulgated thereunder; or
14                     (B)   from a jurisdiction that administers
15              standards no less stringent than those established
16              under the Pennsylvania Safe Drinking Water Act.
17              (iii)    The department may accept documentation from
18        the Department of Environmental Protection to determine
19        that a water source satisfies the requirements under this
20        subsection.
21        (2)   Bottled water products manufactured in accordance
22    with paragraph (1):
23              (i)    Shall be labeled in accordance with all
24        requirements under the Federal acts and regulations
25        promulgated thereunder.
26              (ii)    Shall not be required to use, carry or be
27        subject to any label or labeling requirements not
28        specifically required by the Federal acts and regulations
29        promulgated thereunder.
30              (iii)    Shall be subject to the recall provisions

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 1          specified in the Federal acts and regulations promulgated
 2          thereunder.
 3                (iv)   Shall not be subject to any recall provision or
 4          process not specified in the Federal acts and regulations
 5          promulgated thereunder.
 6          (3)   It is the intent of this subsection to vest
 7      exclusive jurisdiction for enforcement of the Federal acts
 8      and regulations promulgated thereunder in the department.
 9      * * *
10      Section 2.   All regulations and parts of regulations are
11   abrogated insofar as they are inconsistent with the amendment of
12   3 Pa.C.S. § 5733(g).
13      Section 3.   This act shall take effect in 60 days.




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