2022 -- S 2908

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LC005766

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS

     Introduced By: Senator Walter S. Felag

     Date Introduced: April 26, 2022

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation

in Food Establishments" is hereby amended to read as follows:

     21-27-10. Registration of food businesses.

     (a) No person shall operate a food business as defined in § 21-27-1(8) unless he or she

annually registers the business with the state director of health; provided, that food businesses

conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farm

stands, or any municipality shall be exempt from payment of any required fee. Additionally, no

license fee shall be required for an establishment that:

     (1) Holds a Class C liquor license pursuant to § 3-7-8; and

     (2) Complies with the license limits set forth in § 3-7-8(b).

     (b) In order to set the registration renewal dates so that all activities for each establishment

can be combined on one registration instead of on several registrations, the registration renewal

date shall be set by the department of health. The registration period shall be for twelve (12) months

commencing on the registration renewal date. Any renewal registration fee shall be at the full,

annual rate regardless of the date of renewal. Any fee for a first-time application shall have the

registration fee pro-rated based upon the date of issuance of registration. If the registration renewal

date is changed, the department may make an adjustment to the fees of registered establishments,

not to exceed the annual registration fee, in order to implement the changes in registration renewal

date. Registrations issued under this chapter may be suspended or revoked for cause. Any

registration or license shall be posted in a place accessible and prominently visible to an agent of

the director.

     (c) Registration with the director of health shall be based upon satisfactory compliance

with all laws and regulations of the director applicable to the food business for which registration

is required.

     (d) The director of health is authorized to adopt regulations necessary for the

implementation of this chapter.

     (e) Classification for registration shall be as follows:

     (1) In-state and out-of-state food processors that sell food in Rhode Island (Wholesale)

     (2) Food processors (Retail)

     (3) Food service establishments:

     (i) 50 seats or less

     (ii) More than 50 seats

     (iii) Mobile food service units

     (iv) Industrial caterer or food vending machine commissary

     (v) Cultural heritage educational facility

     (4) Vending machine sites or location:

     (i) Three (3) or less machines

     (ii) Four (4) to ten (10) machines

     (iii) Eleven (11) or more machines

     (5) Retail markets:

     (i) 1 to 2 cash registers

     (ii) 3 to 5 cash registers

     (iii) 6 or more cash registers

     (6) Retail food peddler (meat, seafood, dairy, and frozen dessert products)

     (7) Food warehouses

     (f) In no instance, where an individual food business has more than one activity eligible

under this chapter for state registration within a single location, shall the business be required to

pay more than a single fee for the one highest classified activity listed in subsection (e) of this

section; provided, that, where several separate but identically classified activities are located within

the same building and under the management and jurisdiction of one person, one fee shall be

required. In each of the instances in this subsection, each activity shall be separately registered.

     (g) Fees for registration of the above classifications shall be as set forth in § 23-1-54.

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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 FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS

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     This act would eliminate the department of health food license fee for Class C liquor license

holders provided they are in compliance with the provisions of § 3-7-8(b) relating to the types of

pre-packaged foods prepared off the premises that may be served with alcoholic beverages.

     This act would take effect upon passage.

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