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FOOD

Philadelphia Code tit. 6, ch. 6-300
in effect

Philadelphia Code § 6-301 Food Establishments.

§ 6-301. Food Establishments. (1) Every food establishment handling food shall be conducted, maintained and operated in accordance with the applicable provisions of this Title and such regulations as the Board may prescribe. (2) No person, except for the following exempt entities, shall conduct, maintain, or operate any food establishment selling food unless such person has obtained one of the licenses provided for in subsection (4), below, in accordance with the provisions of Section 6-503: 33 (a) Bona fide charitable organizations which distribute food without charge; (b) Family day care homes; (c) Operators of vending machines in connection with operation of the machines. 34 (3) Every person applying for such license shall supply such information and shall permit such inspection and examination of his food establishment and the food and persons handling food therein as the Board may by regulation prescribe to protect the health of ultimate consumers. 35 (4) The license fee for the issuance of a single license for food establishments selling food is as follows: 36 (a) For food establishments with permanent location where the primary business is the regular and customary preparation and sale of food for consumption on or off the premises, including but not limited to, eating and drinking establishments and caterers, as set forth in subsections (.1) and (.2), below. Such establishments shall obtain one of the following specific licenses: 37 (.1) Large Establishment license. For establishments with thirty or more seats regularly available for and accessible to customers to consume food on the premises – four hundred fifteen dollars ($415). (.2) Small Establishment license. For establishments that do not have thirty or more seats regularly available for and accessible to customers to consume food on the premises – two hundred seventy-five dollars ($275). (b) Retail food establishments with permanent location, including, but not limited to candy stores and drug stores without soda fountains, grocery, meat markets, and other food stores, but excluding any such food establishment licensed under subsection 6-301(4)(a): 38 (.1) having less than 5,000 square feet of floor area. . . . . $220; 39 (.2) having 5,000 square feet or more of floor area. . . . . $550. 40 (c) Retail food establishments, without permanent location, including, but not limited to mobile vending units such as motor vehicles, movable stands and carts, newsstands, temporary special event establishments, one hundred sixty-five dollars ($165) per unit, per year. 41 (d) Food establishments manufacturing, processing, or wholesaling food, including but not limited to food establishments for the manufacture of frozen desserts, milk plants and wholesale food establishments which deal in prepackaged food, three hundred eighty dollars ($380). 42 (e) For group child care facilities caring for a maximum of 12 children for less than 24 consecutive hours, other than family day care homes, fifty dollars ($50). 43 (f) The license fees set forth in this subsection 6-301(4) may be revised by regulations of the Department of Licenses and Inspections, to cover costs of program administration, that are effective on or after July 1, 2018, provided that no fee shall be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code and further provided that for fees established in this Code after July 1, 2017, the fee shall not be increased to an amount higher than the fee on the date that it was established, multiplied by the CPI Multiplier, using as the base figure for purposes of determining the CPI Multiplier the most recently published CPI-U as of July 1 of the year the fee was established. 43.1 (5) A separate license shall be obtained for each and every food establishment described in subsection 6-301(4) which any person seeks to conduct, manage, or operate. 44 (6) Every food establishment shall be conducted, operated, and maintained in accordance with such additional requirements as the Board may by regulation prescribe to protect the health of the ultimate consumers of food handled in such establishment. Such regulations may include, but shall not be limited to, reasonable requirements as to: 45 (a) The building structure, maintenance, sanitation, lighting, ventilation and cleanliness of food establishments. (b) The preparation, composition, service, display, storage and packaging of food therein. (c) The personal hygiene and food service practices of persons handling food therein. (d) The construction, cleaning, cleanliness, bactericidal treatment and storage of equipment and utensils. (e) The disposal of liquid and solid waste. (f) The handling, storage and protection of food in transit to and from food establishments within the City. (g) The water supply. (h) The control of arthropods and rodents. (7) No food handled outside the City shall be sold or brought into the City for human consumption unless handled in such a manner as to comply with the requirements of this Title and such regulations as the Board may prescribe to prevent adulteration or contamination. 46 (8) Responsibilities of Food Establishments. 47 Subject to the exemptions of subsection 6-301(9), every food establishment that sells any non-prepackaged potentially hazardous food, as defined by the Board, shall: (a) During hours when food is being prepared, manufactured, cooked, processed, dressed, served or distributed, have present and in its employ at least one (1) person with a valid Food Establishment Personnel Food Safety Certificate, issued pursuant to subsection 6-301(10). (.1) The establishment shall post in a conspicuous location the Certificates of all such persons. No expired or revoked Certificates shall be posted. (.2) In the event of any period of non-compliance with subsection 6-301(8)(a)(.1), a food establishment shall not be considered in violation if the establishment immediately notifies the Department, in writing, of the reasons for such non-compliance and the steps being taken to timely comply, and if the Department determines that the establishment is taking all reasonable steps to timely comply. (b) Conduct a minimum of one (1) self-inspection of the food establishment every three (3) months. (.1) The self-inspection shall be conducted by a person with a valid Food Establishment Personnel Food Safety Certificate. The self-inspection shall include a thorough and complete examination and evaluation of: (.a) the physical premises, both interior and exterior; (.b) all food that is processed, manufactured, transported, or served on the premises; and (.c) the manner in which such food is handled and stored. (.2) The food establishment shall complete a self-inspection form, on a form made available by or acceptable to the Department, after each self-inspection. Such forms shall be completed by the person conducting the inspection. Completed self-inspection forms shall be maintained by the food establishment and be available for review upon request by the Department for a minimum of one (1) year. (c) Initiate any improvements found to be needed as a result of any self-inspection. Such improvements shall be made as soon as possible, but in no event later than the next self-inspection. Notwithstanding the foregoing, nothing in subsection 6-301(8) shall relieve any food establishment of its obligation to comply immediately with any other provisions of this Title. (d) Promptly notify the Department of any known or suspected foodborne illness of an employee or customer. Such notification shall be made immediately upon learning of such illness or suspected illness, but in no event more than forty-eight (48) hours after the first knowledge. A single isolated instance of illness which the establishment reasonably believes is not traceable to the establishment need not be reported, but any pattern of multiple illnesses must be reported immediately. (e) To the extent required pursuant to Board of Health regulations, ensure that any person engaged in the preparation of food at or under the supervision of the food establishment wears protective gloves and a suitable head covering or hair restraint, all to protect the food from contamination. 48 (f) Restroom facilities. 49 (.1) For establishments that, on or after January 1, 2018, are newly constructed or substantially altered or have their zoning use changed, have on the premises, regularly available for all customers whenever the establishment is open for business, such restroom facilities as are required by the Plumbing Code. (.2) For all other establishments, by no later than May 1, 2018, if required to obtain a Large Establishment license pursuant to subsection (4)(a)(.1), have a minimum of one toilet room with sink regularly available for all customers whenever the establishment is open for business. (.3) Restroom facilities shall not be considered available for all customers if customers must pass through a food preparation area to access the facilities. (.4) Nothing in this subsection (f) is intended to supersede or excuse compliance with any other restroom requirements, including those set forth in the Plumbing Code. (g) Customer access. By no later than January 1, 2021, the Department of Licenses and Inspections shall promulgate regulations to provide for the use or removal of any physical barrier that requires the persons serving the food in any establishment required to obtain a Large Establishment license, as provided in subsection (4)(a)(.1), either to open a window or other aperture or to pass the food through a window or other aperture, in order to hand the food to a customer inside the establishment. 50 (9) Exemptions. The following establishments shall be exempt from the requirements of subsection 6-301(8): (a) those portions of establishments inspected by the United States Department of Agriculture; (b) a bed and breakfast homestead or inn, meaning a private residence which contains ten or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room; (c) establishments that only serve potentially hazardous food which has been commercially prepared and prepackaged and is served in the original packaging, without further handling; (d) temporary food operations without permanent location that operate for a period of time not to exceed seven (7) days; and (e) such other establishments which have applied to the Department for an exemption and have demonstrated to the satisfaction of the Department that the circumstances of that particular food establishment at that time are such that the protection of the public health does not require the presence of a certified food establishment employee. The exemption shall remain valid only as long as the conditions under which the exemption was granted remain unchanged. (10) Food Establishment Food Safety Certificate. (a) The Department shall issue a Food Establishment Personnel Food Safety Certificate to any person who: (.1) Demonstrates knowledge of established and recognized food safety procedures by: (.a) Showing proof of successful completion of a food protection course approved by the Department, or of passing the examination required for completion of such course; or (.b) Possession of a valid certificate of registration from a food protection certification program of the Educational Testing Service for Occupational and Professional Assessments; or (.c) Such other means as determined by the Department to be equivalent to the foregoing, including possession of a valid certificate of completion from a food protection course determined by the Department to be substantially equivalent to the courses approved by the Department. (.2) Pays a reasonable fee to be established by the Department to defray the costs of administering this Certificate program established by subsection 6-301(10). (b) A Food Establishment Personnel Food Safety Certificate shall be valid for such period of time as the Department shall determine, and shall not be transferable. (c) The Department may revoke a Food Establishment Personnel Food Safety Certificate upon a finding that the Certificate holder has not complied with his or her obligations under this Section or applicable regulations. Such revocation, and any appeal therefrom, shall be conducted in accordance with the procedures for license suspension and revocation set forth in this Title. Notes 32 | Amended, Bill No. 1266 (approved December 28, 1995), 1995 Ordinances, p. 1507. Section 2 of the bill provides: "Notwithstanding any prior enacted effective date, the entirety of Sections 6-301(8), 6-301(9) and 6-301(10) of The Philadelphia Code, as amended by this Ordinance, shall become effective on September 1, 1996. No food establishment shall be required to comply with this Ordinance until September 1, 1996." 33 | Amended, Bill No. 090774 (approved January 13, 2010). Section 2 of Bill No. 090774 provides: "No change in a license fee made by this Ordinance shall be effective with respect to any particular license until one week after the Commissioner of Licenses and Inspections certifies to the Chief Clerk of Council, and provides notice on the City's website, that the technology to appropriately implement such particular change is in place." Amended, Bill No. 170963 (approved December 20, 2017). 34 | Former subsection (2)(c) deleted and former subsection (2)(d) renumbered, Bill No. 170794 (approved January 3, 2018). 35 | Subsection (3)(a) added, Bill No. 070308 (approved September 20, 2007); subsection (3)(a) deleted, Bill No. 090261 (approved June 26, 2009). 36 | Amended, 1988 Ordinances, p. 339; amended, 1993 Ordinances, p. 925; amended, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. Amended, Bill No. 170165 (approved April 4, 2017). 37 | Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. Amended, Bill No. 170963 (approved December 20, 2017). 38 | Amended, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. 39 | Amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. 40 | Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080853 (approved December 8, 2008). 41 | Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 070308 (approved September 20, 2007); amended, Bill No. 080853 (approved December 8, 2008). 42 | Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. 43 | Added, 1994 Ordinances, p. 114; amended, Bill No. 000545 (approved December 19, 2000); renumbered and former subsections (e), (f), (g), (i) and (j) deleted, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. 43.1 | Amended, Bill No. 240430 (approved January 15, 2025). 44 | Amended, 1961 Ordinances, p. 945; amended, Bill No. 090774 (approved January 13, 2010). See note 33 for effective date provisions. 45 | Amended, 1961 Ordinances, p. 945. 46 | Amended, 1961 Ordinances, p. 945. 47 | Added, 1994 Ordinances, p. 814. Section 2 of the Ordinance provides that it is to be effective 18 months after its enactment. Amended, Bill No. 1266 (approved December 28, 1995), 1995 Ordinances, p. 1507. 48 | Added, Bill No. 070189-A (approved October 18, 2007); amended, Bill No. 090261 (approved June 26, 2009). 49 | Added, Bill No. 170963 (approved December 20, 2017). 50 | Added, Bill No. 170963 (approved December 20, 2017).

Philadelphia Code § 6-302 Frozen Desserts.

§ 6-302. Frozen Desserts. (1) No person shall sell any frozen desserts other than in the unopened carton, package, or protective wrapping in which they were placed at the licensed food establishment where they were prepared, except that frozen desserts may be sold from bulk to the public by a food establishment licensed under subsection 6-301(4)(a) or by candy stores and drug stores without soda fountains licensed under subsection 6-301(4)(b). (2) Frozen desserts which contain milk, milk products, or milk derivatives shall be pasteurized.

Philadelphia Code § 6-303 Adulterated Food and Drugs.

§ 6-303. Adulterated Food and Drugs. (1) Except as otherwise provided in this Title and such regulations as the Board may prescribe to protect the health of the ultimate consumer, no person shall: (a) process, manufacture, pack or repack, sell, transfer or dispose of in any way any food or drug which is adultered; (b) receive, deliver, transport or use any food or drug which is adulterated when such person knows, or has reason to know, that such food or drug is adulterated.

Philadelphia Code § 6-304 Condemnation.

§ 6-304. Condemnation. (1) Whenever the Department has reason to believe that any food or drug is or may be adulterated, it may order any person having charge, control, or custody thereof: (a) to submit a sample of such food or drug to the Department in order to permit inspection or laboratory analysis to determine whether or not such food or drug is in fact adulterated; (b) to withhold such food or drug from sale for human consumption or human use until prompt inspection or laboratory analysis indicates whether or not such food or drug is in fact adulterated. (2) If such inspection or laboratory analysis establishes that such food or drug or any portion of it is adulterated, the Department shall forthwith order the condemnation of such food or drug or any adulterated portion. (3) Any adulterated food or drug which has been so condemned by the Department shall be impounded or denatured forthwith, and thereafter shall be either destroyed or sold for such uses and purposes other than human consumption or human use as the Department may determine to be proper for the protection of the ultimate consumer or user.

Philadelphia Code § 6-306 Meat and Meat Products.

§ 6-306. Meat and Meat Products. (1) Slaughter of Animals. (a) No animal shall be slaughtered for sale for human consumption except in a food establishment which complies with the applicable requirements of this Code and such regulations as the Board may prescribe for ante- mortem or post-mortem inspection. (b) Every ante-mortem and post-mortem inspection required by the Board shall be made by inspectors approved by the Department. If such inspectors find after due inspection or inspections that: (.1) the animal or any part thereof is fit for human consumption, they shall affix to each and every primal part of the carcass thereof which is fit for human consumption such mark, stamp or other designation of approval as the Board may by regulation prescribe; (.2) the animal or any part thereof is adulterated, they shall forthwith cause it to be condemned as provided in Section 6-304. (c) Where ante-mortem or post-mortem inspections are required by the Board, no person shall sell any meat or meat products for human consumption unless it is first inspected and approved as provided in subsection 6-306(1)(b)(.1). (d) No person shall handle, skin, butcher, cut up, dress, or prepare any adulterated meat or meat products in any part of any food establishment where animals are slaughtered, dressed, or prepared for human food. (2) Shellfish. (a) Shellfish shall be handled, shucked, stored, washed, packed and repacked in accordance with such regulations as the Board may prescribe to assure their cleanliness and wholesomeness. (b) All lots of shellfish, except those which are completely sterilized, shall originate from sources approved by the United States Public Health Service and the Commonwealth of Pennsylvania, and shall be plainly marked with the name of the packer or shipper, their source, the time when they were gathered and packed and such further information as the Board may by regulation prescribe to insure their cleanliness and wholesomeness.

Philadelphia Code § 6-307 Foods Containing Artificial Trans Fats.

§ 6-307. Foods Containing Artificial Trans Fats. (1) No person shall store, distribute, hold for service, use in preparation of any menu item or serve any foods containing artificial trans fat, as defined in this Section, in any food service establishment except food that is served directly to patrons in a manufacturer's original sealed package. (2) A food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, contains or is vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, except that a food the nutrition facts label of which, or other documentation from the manufacturer, lists the trans fat content of the food as less than 0.5 grams per serving shall not be deemed to contain artificial trans fat. (3) Food service establishments shall maintain on site either the original labels identifying the trans fat content or approved alternative documentation for all food products: (a) that are, or that contain, fats, oils or shortenings; (b) that are, when purchased by such food service establishments, required by applicable law to have labels; and (c) that are being stored, distributed, held for service, used in preparation of any menu items or served by the food service establishment. Documentation acceptable to the Department from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels, or where original labels are not required by law. (4) Exemptions: The following establishments shall be exempt from the provisions of this Section for bakery products only: (a) Any establishment engaged both in the preparation and retail sale of bakery products on the premises; or any other location operated by such establishment for the retail sale of its bakery products, provided it operates no more than three (3) such retail sales locations within the City. (5) This Section shall take effect on September 1, 2007 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads and shall take effect on September 1, 2008 with respect to all other uses of foods containing artificial trans fat. Notes 52 | Added, Bill No. 060958 (approved February 15, 2007); amended, Bill No. 070511 (became law November 15, 2007).

Philadelphia Code § 6-308 Menu Labeling Requirements for Chain Establishments.

§ 6-308. Menu Labeling Requirements for Chain Establishments. (1) Chain restaurants shall provide nutrition information for all food or beverage items listed for sale on menus as follows: (a) The total number of calories (rounded to the nearest ten calories), grams of saturated fat, grams of trans fat, grams of carbohydrates and milligrams of sodium, per menu item as usually prepared and offered for sale shall be provided adjacent to each item on the menu, in a size and typeface similar to price and other information provided about each menu item; (b) When menu boards or food tags are used in lieu of other forms of menus, the nutrition information may be limited to the total number of calories per item, provided that (i) the additional information required in subsection (a) is made available, in writing, to customers upon request; and (ii) a sign on or near the menu board or food tag states in clear and conspicuous typeface: "Additional nutrition information for all menu items available upon request." (c) The Board of Health may approve a variation in the method of presentation of the required nutrition information, provided that the Board deems such method appropriate for the protection of the public health, and provided that the approved method supplies the required information to the consumer at the point of decision- making as to a food order. Until any variation is approved, the chain restaurant shall comply with the requirements of this Section. (2) (a) Every menu provided by a chain restaurant, or written information provided pursuant to subsection (1)(b) when menu boards or food tags are used, shall include, in clear and conspicuous typeface: (i) a statement of the current U.S. Food and Drug Administration recommended limits for grams of saturated fat (including trans fat) and milligrams of sodium for a 2,000 calorie-per-day diet; and (ii) the following statement: "A 2,000 calorie daily diet is used as the basis for general nutrition advice; individual calorie needs, however, may vary." 54 (b) Menus, menu boards or food tags may also include the following, or a similar statement: "This nutrition information is based on standard recipes and product formulations; however, variations may occur due to differences in preparation, serving sizes, ingredients, or special orders." (3) For menu items that come in different flavors and varieties but that are listed as a single item, such as soft drinks, ice cream, pizza, and doughnuts, the median value for calories or other nutrition information for all flavors or varieties shall be listed if the calorie or other nutrition information for all flavors or varieties are within twenty percent (20%) of the median. If the calories or other nutrition information are not within twenty percent (20%) of the median, then the range for all the flavors or varieties shall be listed. If food tags are used to identify different varieties of similar items, the calories per serving of each item shall be listed on each food tag. (4) Exceptions. Chain restaurants shall not be required to provide nutrition information for: (a) items such as specials or limited time offerings that appear on menus for less than thirty (30) days per year; (b) condiments and other items placed on a table or counter for general use without charge; (c) items sold in a manufacturer's original sealed package that contain nutrition information as required by federal law; and (d) custom orders which do not appear on the menu, menu boards or food tags. (5) Any chain restaurant that delivers food or beverage items outside of the premises in wrappers or boxes shall provide the information required by this Section in connection with each item delivered on each wrapper and box in a clear and conspicuous manner. (6) Nutrition information must be based upon analytic methods and express nutrient content in a manner consistent with U.S. Food and Drug Administration regulations. A menu is out of compliance with this Ordinance if any nutrition information on the menu for any particular item varies by more than twenty percent (20%) from a nutrient analysis of a representative sample of the menu item. (7) Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Health Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be one hundred fifty dollars ($150). Notes 53 | Added, Bill No. 080167-A (approved November 19, 2008), effective January 1, 2010. 54 | Enrolled bill designated this as subsection (2); renumbered as subsection (2)(a) by Code editor.

Philadelphia Code § 6-309 Outdated Products.

§ 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 fifty percent (50%) off the product's current price, for every outdated product the person discovers. (3) Refund and Discount Incentive for Purchase of Outdated Products. A person who purchases an outdated product at a food establishment and notifies the food establishment in person or in writing within 30 days of purchase and provides as evidence the original purchase receipt and the original product, still unused and unopened, bearing the expiration or "sell-by" date, shall immediately receive from the food establishment a cash refund of the original purchase price of the product and shall be entitled to purchase one of the same product, not-outdated, at a discount of fifty percent (50%) off the product's current price. (4) Posting Requirement. (a) Notice to consumers. All food establishments shall post signs informing consumers of the refund and discount incentive for locating outdated products provisions of this Section at the entrance and at every cash register in such establishments. (b) Notice to employees. All food establishments shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations under this Section. (5) Reporting Requirement. Chains with more than 10 establishments in the City and food establishments whose annual revenues exceed one million dollars ($1,000,000) shall report annually to the Department the number of refunds they have issued under the refund provision of this Section at each food establishment and the number of products they have provided at a fifty percent (50%) discount at each food establishment under the discount incentive provisions of this Section. (6) Inspections. The Department shall inspect food establishments for the presence of food and/or drug products in violation of this Section in the course of all inspections it conducts of food establishments and shall cite any violations in its written inspection reports. (7) Penalties. (a) All violations of each subsection of this Section which are committed on a single calendar day shall be aggregated together and constitute one single violation for the purpose of issuing citations and assessing penalties under this Section. Violations of different subsections of this Section which are committed on a single calendar day shall not be aggregated and shall constitute separate and distinct violations for the purpose of issuing citations and assessing penalties under this Section. (b) A violation of any provision of this Section shall be classified as a Class II offense and the penalty for such violation is a fine not exceeding the maximum fine for Class II offenses as set forth in Section 1-109. The penalty shall be exclusive of and in addition to any payments under the refund provision of this Section, any provision of products at discount under the discount incentive provisions of this Section, any other subsection of this Section or any provision of Section 6-301. (8) Injunction Against Unlawful Practices; Additional Penalties. (a) Whenever it shall appear to the Department that a food establishment or chain has engaged in or may be engaging in any practice declared to be unlawful by this Section, the Department may apply to the Court of Common Pleas of Philadelphia County for an injunction prohibiting such person from continuing such practices or engaging therein or doing any acts in furtherance thereof. (b) In addition to any other remedy authorized herein the court may revoke any food establishment license issued pursuant to the Health Code upon a finding that such person has knowingly and persistently engaged in a pattern of practices declared to be unlawful by this Section. The court may make such orders or judgments as may be necessary to prevent the use or employment by a person of any prohibited practices, or which may be necessary to restore to any person in interest any moneys or property, real or personal which may have been acquired by means of any practice herein declared to be unlawful. (c) Such orders or judgments could include, but are not limited to: (.1) directing a food establishment or chain to institute enhanced training and compliance procedures and systems to ensure that outdated products are not offered for sale; (.2) directing a food establishment or chain to retain an independent monitor to perform periodic random compliance checks to ensure that outdated products are not offered for sale; and (.3) directing a food establishment to pay the reasonable costs of litigation incurred by the Department in bringing the civil action. (9) Protection of Employees. (a) Employees Not To Be Discharged. No food establishment may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority any violation of this Section. (b) Discrimination Prohibited. No food establishment may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee is requested by an appropriate authority to participate in an investigation, hearing or inquiry held by an appropriate authority or in a court action relating to a violation of this Section. (c) Cause of Action for Employees Alleging Employer Misconduct. An employee alleging a violation of this Section may bring a civil action in the Court of Common Pleas of Philadelphia County for appropriate injunctive relief or damages, or both, within 180 days after the occurrence of the alleged violation. (.1) Standard of Proof and Defenses. In such an action, the employee must show by a preponderance of the evidence that, prior to the alleged reprisal, the employee or a person acting on behalf of the employee had reported or was about to report in good faith, verbally or in writing, an instance of wrongdoing or waste to the employer or an appropriate authority. It shall be a defense to an action under this Section if the defendant proves by a preponderance of the evidence that the action by the employer occurred for separate and legitimate reasons, which are not merely pretextual. (.2) Remedies Available to Prevailing Employee. A court, in rendering a judgment in an action brought under this Section, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate. (d) This Section shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by an appropriate authority, or impair the rights of any person under a collective bargaining agreement. Notes 55 | Added, Bill No. 090383 (approved August 17, 2009).

Philadelphia Code § 6-310 Sodium Safety Warning Labeling for Chain Establishments.

§ 6-310. Sodium Safety Warning Labeling for Chain Establishments. (1) On all Menus, Menu Boards, and Food Tags, except as provided in subsection 6-310(2), Chain Restaurants must display a Sodium Warning Label next to or directly under the name of each Menu Item containing 2,300 or more milligrams (mg) of sodium, including each Menu Item that provides for variations containing fewer than 2,300 milligrams (mg) of sodium if any variation containing 2,300 or more milligrams (mg) of sodium is offered on the Menu, Menu Board, or Food Tag. Variations include any combination of customization options offered for a Menu Item on the Menu, Menu Board, or Food Tag, but do not include the results of unsolicited requests from consumers to customize a Menu Item. The name of a Menu Item next to or directly under which a Sodium Warning Label may be required (e.g., "Roast Beef Sandwich") does not include names of categories to which the Menu Item belongs (e.g., "Sandwiches") and does not include names of customization options for the Menu Item (e.g., "Whole Wheat Bread"). (1.1) For Menus that allow customization of a Menu Item through interactivity with consumers, including interactive electronic Menus, Chain Restaurants may, instead of displaying a static Sodium Warning Label in accordance with subsection (1), display a Sodium Warning Label dynamically so that it appears when the consumer makes a choice that would increase the sodium content of the Menu Item to 2,300 or more milligrams (mg) of sodium, and disappears when the consumer makes a choice that would decrease the sodium content of the Menu Item to fewer than 2,300 milligrams (mg) of sodium. (1.2) For Menus that allow customization of a Menu Item through interactivity with consumers, including interactive electronic Menus, Chain Restaurants may, instead of displaying a static Sodium Warning Label in accordance with subsection (1), display a Sodium Warning Label next to or directly under the name of each Menu Item containing 2,300 or more milligrams (mg) of sodium and display, for Menu Items that allow customization on interactive electronic Menus that could result in the Menu Item containing 2,300 or more milligrams (mg) of sodium, the Sodium Warning Label and Sodium Warning Statement on an interpolated screen after selection and before customization of the Menu Item. Such interpolated screen shall be dedicated exclusively to the purpose of communicating information related to the requirements of this Section, shall communicate to the consumer that some variations of the selected Menu Item contain more than 2,300 milligrams (mg) of sodium, and shall explain how the consumer can procure more detailed nutritional information. (2) A Menu Item intended for sharing that consists of more than one Discrete Serving (e.g., a pizza) requires a Sodium Warning Label only if each Discrete Serving contains 2,300 or more milligrams (mg) of sodium. (3) Chain Restaurants required to display at least one Sodium Warning Label must make Sodium Warning Statements clearly visible and legible on any Menus, on or near any Menu Boards, and on or near any Food Tags on which at least one Sodium Warning Label appears. A Sodium Warning Statement need not appear on each page of a Menu, but shall be displayed so that a consumer would reasonably be expected to see it before selecting a Menu Item. (4) Upon request by a Chain Restaurant, the Department may issue by letter determinations regarding requests for variations in the display requirements of this Section, which may include only permission for variations in location, color, or size of the Sodium Warning Label and Sodium Warning Statement display requirements. (5) Compliance with this Section shall be required twelve (12) months after the effective date. Upon request of a Chain Restaurant, the Department may grant an additional compliance delay of up to six (6) months. (6) Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be two hundred fifty dollars ($250). Notes 56 | Added, Bill No. 180001-A (approved September 12, 2018).

Philadelphia Code § 6-311 Children's Meals at Food Service Establishments.

§ 6-311. Children's Meals at Food Service Establishments. (1) No Food Service Establishment that offers a Children's Meal that includes a beverage shall offer as a Default Beverage, or include in a menu of beverage options for such Children's Meal, any beverage other than one of the following: (a) water, sparkling water or flavored water, with no added natural or artificial sweeteners; (b) nonfat or one percent (1%) flavored or unflavored milk or non-dairy milk alternative containing no more than 130 calories per container or serving as offered for sale; or (c) one hundred percent (100%) fruit or vegetable juice, or fruit or vegetable juice combined with water or carbonated water, with no added natural or artificial sweeteners, in a serving size of no more than eight ounces. (2) Nothing in this Section prohibits a Food Service Establishment from selling, or a customer from purchasing, a beverage other than the Default Beverage offered with a Children's Meal, if the customer requests the substitute or alternative beverage. (3) The Department and Board may take all actions necessary for the implementation of this Section, including the promulgation of regulations by the Board. (4) Compliance with this Section shall be required three (3) months after the effective date. (5) Penalties. A violation of this Section shall be punishable by a fine of up to five hundred dollars ($500). For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized Department inspectors or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be two hundred fifty dollars ($250). Notes 57 | Added, Bill No. 190505 (approved October 2, 2019), effective April 1, 2020.
Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-272773Fetched: 10/27/2026

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