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File #: 090383    Version: Name:
Type: Bill Status: ENACTED
File created: 5/7/2009 In control: Committee on Public Health and Human Services
On agenda: Final action: 6/18/2009
Title: Amending the Health Code, Title 6 of The Philadelphia Code, by amending Section 6-102 entitled "Definitions" and by creating a new Section 6-309 entitled "Outdated Products" to prohibit the sale of expired non-prescription drugs, infant formula, baby food, milk, milk products and eggs, all under certain terms and conditions.
Sponsors: Councilmember Sanchez, Councilmember Greenlee, Councilmember Reynolds Brown
Indexes: OUTDATED PRODUCTS
Code sections: 6-102 - Definitions, 6-104 - Outdated Products, Title 6 - HEALTH CODE
Attachments: 1. CertifiedCopy09038301.pdf
Title
Amending the Health Code, Title 6 of The Philadelphia Code, by amending Section 6-102 entitled "Definitions" and by creating a new Section 6-309 entitled "Outdated Products" to prohibit the sale of expired non-prescription drugs, infant formula, baby food, milk, milk products and eggs, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHIILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 6-102 of The Philadelphia Code is hereby amended to add the following definitions, the existing definitions to be renumbered accordingly:
§ 6-102. Definitions.
* * *
(...) Chain. A group of food establishments under common ownership or control and/or doing business under the same trade name.
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(...) Outdated product. This term shall include:
(a) any non-prescription drug, infant formula or baby food that is subject to expiration dating requirements issued by the federal Food and Drug Administration, if the date of expiration has passed; or
(b) milk, milk products and eggs, after the sell-by date designated on the container.
* * *
SECTION 2. A new Section 6-309 of The Philadelphia Code is hereby enacted to read as follows:
§ 6-309. Outdated Products.
(1) Prohibited Conduct.
It shall be unlawful for any food establishment to sell or offer to sell to the public any outdated product or to knowingly alter, mutilate, destroy, obliterate or remove by means of a price sticker or otherwise the whole or any part of the expiration date displayed on the label or packaging of any non-prescription drug, infant formula, baby food, milk, milk products and eggs.
(2) Discount Incentive for Locating Outdated Products.
A person who discovers any outdated product in a food establishment and notifies an employee of that food establishment shall be entitled to purchase from that food establishment one of the same product, not-outdated, at a discount of 50% off the product's current pri...

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