Frozen food that is preordered by the ultimate consumer may be sold at internal temperatures exceeding 0°F but not exceeding 45°F provided all of the following are met:

1. (1) A pickup time and date is announced to potential customers.
2. (2) Potential customers are advised on the sales invoice that food is subject to possible quality and perishable degradation when internal product temperature exceeds 0°F and the products are not to be resold.
3. (3) Frozen foods are limited to foods that do not support the rapid and progressive growth of pathogenic micro-organisms.
4. (4) Foods are not to be resold to other parties.
5. (5) Written permission is received from the Department.
6. (6) Frozen foods arrive at the pickup location with an internal temperature of 0°F or below except as provided in § 37.142 (relating to minimum temperature requirements).

Authority

The provisions of this § 37.216 issued under act of May 13, 1909 (P. L. 520, No. 292) (31 P. S. § § 3 and 7); and section 1705 of The Administrative Code of 1929 (71 P. S. § 455).

Source

The provisions of this § 37.216 adopted December 5, 1980, effective December 6, 1980, 10 Pa.B. 4591.