2012 -- S 2127 SUBSTITUTE A AS AMENDED

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN

RESTAURANTS

     

     

     Introduced By: Senators DiPalma, Ottiano, Perry, Tassoni, and Nesselbush

     Date Introduced: January 18, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 20.12

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FOOD ALLERGY AWARENESS IN FOOD-SERVICE ESTABLISHMENTS

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     23-20.12-1. Definitions. – When used in this chapter, the following words shall have the

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following meanings:

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     (1) “Director” means the director of health or his or her duly appointed agents.

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     (2) “Food service establishment” shall have the meaning set forth in Rhode Island general

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laws subsection 21-27-1(9).

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     (3) “Quick Service Restaurant” means any food service establishment that delivers food

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through a drive-thru window.

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     23-20.12-2. Department of Health – Establishment of Food Allergy Awareness

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Program. – The director of health shall establish a food allergy awareness program which shall

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require that every food-service establishment shall: (1) Have prominently displayed a poster

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approved by the director relative to food allergy awareness in the staff area. The poster shall

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provide, but not be limited to, information regarding the risk of an allergic reaction and shall be

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developed by the department of health in consultation with the Rhode Island hospitality

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association, the food allergy and anaphylaxis-network and at least one representative from a quick

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service restaurant; (2) Include on all menus a notice to customers of the customer’s obligation to

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inform the server about any food allergies. The director shall develop and approve the language

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of the notice in consultation with the Rhode Island hospitality association, the food allergy and

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anaphylaxis-network and at least one representative from a quick service restaurant; and (3)

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Designate a manager who shall be knowledgeable with regard to the relevant issues concerning

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food allergies as they relate to food preparation. The director shall prepare and provide both

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written and video materials for mandatory review by persons designated as managers of any food-

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service establishment, or the persons designated as managers shall be certified by a food

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protection manager certification program that is evaluated and listed by a conference for food

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protection-recognized accrediting agency as conforming to the conference for food protection

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standards for accreditation of food protection manager certification programs. The department of

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health shall include knowledge of food allergy issues as part of the certification procedure for

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managers in food safety pursuant to chapter 21-27 of the Rhode Island general laws.

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     23-20.12-3. Rules and Regulations. – The director shall adopt rules and regulations

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relating to the administration and enforcement of this chapter.

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     23-20.12-4. “Food Allergy Friendly” designation. – The director shall develop a

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program for food-service establishments to be designated as “Food Allergy Friendly” and shall

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maintain a listing of food-service establishments receiving such designation on the department of

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health’s website. Participation in the program shall be voluntary and the director shall, in

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consultation with the Rhode Island hospitality association and the food allergy and anaphylaxis-

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network, issue guidelines and requirements for food-service establishments to receive such

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designation, provided that such requirements shall include, but not be limited to, maintaining on

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the premises, and making available to the public, a master list of all the ingredients used in the

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preparation of each food item available for consumption.

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     23-20.12-5. Enforcement. – The director of health, or the director’s authorized agents,

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shall enforce the provisions of this chapter.

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     SECTION 2. This act shall take effect upon passage.

     

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN

RESTAURANTS

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     This act would establish a food allergy awareness program through the department of

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health which would require compliance by food-service establishments.

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     This act would take effect upon passage.

     

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2012 -- S 2127 H.

SUBSTITUTE A

A N A C T

RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN RESTAURANTS

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LC00135/SUB A/2

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Presented by

S2127A