A.
General.
(1)
All food in public eating and drinking places shall be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption.
(2)
No food prepared in a private home or processed in a place other than a commercial food processing establishment shall be sold or used in the preparation of foods offered for sale, sold or given away in a public eating and drinking place unless such place is regulated by a health authority or other appropriate official regulatory agency.
B.
Milk products.
(1)
Only pasteurized fluid milk and fluid milk products shall be used or served. Dry milk and milk products may be reconstituted in the establishment if used for cooking purposes only.
(2)
All milk and fluid milk products for drinking purposes shall be purchased and served in the original, individual container in which they were packaged at a milk plant or shall be served from an approved bulk milk dispenser.
(3)
Cream, whipped cream or half-and-half which is to be consumed on the premises may be served from the original container of not more than one quart capacity or from a dispenser approved by the Department for such service. For mixed drinks requiring less than 1/2 pint of milk, milk may be poured from one-quart or one-half-gallon containers packaged at a milk plant.
C.
Shellstock and shellfish.
(1)
All oysters, clams and mussels and any other bivalves shall be from sources approved by the Department. When the source is outside Pennsylvania, it shall be one which is certified by the state of origin or the Federal Food and Drug Administration.
(2)
Shellstock shall be identified with an official tag giving the name and certificate number of the original shellstock shipper and the kind and quantity of the shellstock. The tags and an accurate record of the source and quantity of all lots of shellfish shall be maintained for 60 days.
(3)
Fresh and frozen shucked oysters, clams, and mussels shall be packed in nonreturnable containers identified with the name and address of the packer, repacker or distributor and the certificate number of the packer or repacker preceded by the abbreviated name of the state of origin.
(4)
Shellfish, crabs and lobsters, if served in the shell, shall be served in the original shell, but the reuse of such shells as food containers in the preparation or serving of food shall be prohibited.
D.
Examination of food.
(1)
Food may be examined or sampled by the licensor as often as may be necessary to determine freedom from adulteration.
(2)
The licensor may, upon written notice to the owner or person in charge, place a hold order on any food which the licensor determines or has probable cause to believe to be unwholesome or otherwise adulterated. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the licensor, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the licensor, except on order by a court of competent jurisdiction.