Chapter
379
2007 -- H 6062 SUBSTITUTE A
Enacted 07/07/07
A N A C T
RELATING
TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS
Introduced
By: Representatives Pacheco, Shanley, Gorham, Lally, and Walsh
Date
Introduced: March 01, 2007
It is enacted by the General Assembly as
follows:
SECTION 1.
Legislative findings. -- It is hereby found and declared as follows:
The general
assembly finds that the historical, architectural, and cultural heritage of the
state of Rhode Island should be preserved as a
part of our life to enrich the experience of present
and future generations, and that the continued
expansion of urban development threatens the
existence of our historical sites and
structures.
SECTION 2.
Sections 21-27-1 and 21-27-10 of the General Laws in Chapter 21-27
entitled "Sanitation in Food
Establishments" are hereby amended to read as follows:
21-27-1.
Definitions. -- Unless otherwise specifically provided in this chapter,
the
following definitions apply to this chapter:
(1)
"Approved" means approved by the director.
(2)
"Commissary" means a central processing establishment where food is
prepared for
sale or service off the premises or by mobile
vendor.
(3)
"Department" means the department of health.
(4)
"Director" means the director of health or the director's duly
appointed agents.
(5) "Farmers
market" means a market where two (2) or more farmers are selling produce
exclusively grown on their own farms on a retail
basis to consumers. Excluded from this term is
any market where farmers or others are selling
produce at wholesale and/or any market in which
any individual is selling produce not grown on
his or her own farm.
(6) "Farm
home food manufacture" means the production in accordance with the
requirements of section 21-27-6.1 of food for
retail sale in a residential kitchen on a farm which
produces agricultural products for human
consumption and the operator of which is eligible for
exemption from the sales and use tax in
accordance with section 44-18-30(32).
(7)
"Food" means: (i) articles used for food or drink for people or other
animals, (ii)
chewing gum, and (iii) articles used for
components of any food or drink article.
(8) "Food
business" means and includes any establishment or place, whether fixed or
mobile, where food or ice is held, processed,
manufactured, packaged, prepared, displayed,
served, transported, or sold.
(9) "Food
service establishment" means any fixed or mobile restaurant, coffee shop,
cafeteria, short-order cafe, luncheonette,
grill, tearoom, sandwich shop, soda fountain, tavern; bar,
cocktail lounge, night club, roadside stand,
industrial feeding establishment, cultural heritage
education facility, private, public or
nonprofit organization or institution routinely serving food,
catering kitchen, commissary or similar place in
which food or drink is prepared for sale or for
service on the premises or elsewhere, and any
other eating or drinking establishment or operation
where food is served or provided for the public
with or without charge.
(10) "Mobile
food service unit" means a unit that prepares and/or sells food products
for
direct consumption.
(11)
"Person" means any individual, firm, co-partnership, association, or
private or
municipal corporation.
(12)
"Processor" means one who combines, handles, manufactures or
prepares, packages,
and stores food products.
(13)
"Operator" in relation to food vending machines means any person who
by contract,
agreement, lease, rental, or ownership sells
food from vending machines.
(14)
"Retail" means when eighty percent (80%) or more of sales are made
directly to
consumers.
(15) "Retail
peddler" means a food business which sells meat, seafood, and dairy
products directly to the consumer, house to
house or in a neighborhood.
(16)
"Roadside farmstand" means a stand or location adjacent to a farm
where produce
grown only on that farm is sold at the time of
harvest.
(17)
"Vending machine site or location" means the room, enclosure, space,
or area where
one or more vending machines are installed
and/or operated.
(18)
"Warehouse" means a place for the storage of dried, fresh, or frozen
food or food
products, not including those areas associated
within or directly part of a food service
establishment or retail market.
(19)
"Wholesale" means when eighty percent (80%) or more of the business
is for resale
purposes.
(20)
"Cultural heritage education facility" means a facility for up to ten
(10) individuals
who, for a fee, participate in the preparation
and consumption of food, limited to an owner-
occupied site which is "listed" on the
state or federal historic register and whose drinking water
shall be obtained from an approved source which
meets all of the requirements of chapter 46-13.
21-27-10.
Registration of food businesses. -- (a) No person shall operate a food
business
as defined in section 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
farmstands, or any municipality shall be exempt
from payment of any required fee. (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,
and the registration fee shall be at the full
annual rate regardless of the date of application or 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 and fees for registration shall
be as follows:
(1) Food
processors (Wholesale) ...................................... $210.00
(2) Food
processors (Retail) ........................................... 90.00
(3) Food service
establishments:
(i) 50 seats or
less .................................................. 120.00
(ii) More than 50
seats ............................................... 180.00
(iii) Mobile food
service units ........................................ 72.00
(iv) Industrial
caterer or food vending machine commissary
............................................................ 210.00
(v) Cultural
heritage educational facility 80.00
(v) (4)
Vending machine sites or location:
(A) (i)
Three (3) or less machines ......................................... 36.00
(B) (ii)
Four (4) to ten (10) machines ...................................... 72.00
(C) (iii)
Eleven (11) or more machines .....................................90.00
(4) (5)
Retail markets:
(i) 1 to 2 cash
registers .............................................. 90.00
(ii) 3 to 5 cash
registers ............................................ 180.00
(iii) 6 or more cash
registers ........................................ 390.00
(5)(6)
Retail food peddler (meat, seafood, dairy, and frozen dessert products)
...................................................... 72.00
(6)(7)
Food warehouses .................................................. 144.00
(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.
SECTION 3. This
act shall take effect upon passage.
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LC01918/SUB A/4
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