2021 -- S 0973

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LC003058

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS - SHELLFISH PACKING HOUSES

     Introduced By: Senator V. Susan Sosnowski

     Date Introduced: June 22, 2021

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-14-12 of the General Laws in Chapter 21-14 entitled "Shellfish

Packing Houses" is hereby amended to read as follows:

     21-14-12. Inspection of business premises – Dockside Program Established.

     (a) The director shall make regular inspections of the business premises of licensees and

no person shall interfere with or obstruct the entrance of the director to any packing house or

structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary

conditions during reasonable business hours, and no person shall obstruct the conduct of this

inspection; provided, that inspections as to sanitary conditions shall be made only by the director

or employees of the department of health. These employees of the department of health shall not

be construed to include agents whom the director may appoint in other departments for the purpose

of enforcing other provisions of this chapter; and provided, that nothing in this section shall be

construed as having granted to the director or any duly authorized official of the department the

right of search and seizure without a warrant.

     (b) The director shall be authorized to establish a dockside program, including the

promulgation of any rules and regulations deemed necessary or advisable in connection therewith,

pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model

Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model Ordinance shall

assure that the marine shellfish processers, licensed by the department to land and process surf

clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary

fashion that comports with national standards. Such rules and regulations shall also be consistent

with the landing permit requirements of the department of environmental management in section

20-2.1-7. The dockside program shall not apply to aquaculture processers.

     (c) The licensing fees from the dockside program shall be deposited into the general fund.

However, the amount of the revenues collected for the dockside program shall be appropriated to

the department of health for its administration of this program. The director shall have the authority

to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

     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 FOOD AND DRUGS - SHELLFISH PACKING HOUSES

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     This act would establish a dockside program to promulgate rules and regulations necessary

to ensure that surf clams and/or other marine shellfish acquired in federal waters are done so in a

sanitary fashion and in accordance with national standards.

     This act would take effect upon passage.

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LC003058

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