2002 -- S 2444

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LC01320

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO FOOD AND DRUGS

     Introduced By: Senators Sosnowski, Breene, Gibbs, Walaska, and Kells

     Date Introduced: January 31, 2002

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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

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

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     21-27-1. Definitions. -- Unless otherwise specifically provided herein, the following

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definitions shall apply to this chapter:

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      (1) The word "department" shall be construed to mean the state department of health.

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      (2) The word "director" shall be construed to mean the director of the state department of

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health or the director's duly appointed agents.

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      (3) The word "person" shall be construed to mean any individual, firm, co-partnership,

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association, or private or municipal corporation.

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      (4) The word "approved" shall be construed to mean approved by the director.

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      (5) The word "food" shall be construed to mean: (A) articles used for food or drink for

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man or other animals, (B) chewing gum, and (C) articles used for components of any such article.

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      (6) The term "food business" shall be construed to mean and include any establishment

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or place, whether fixed or mobile, where food or ice is held, processed, manufactured, packaged,

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prepared, displayed, served, transported, or sold.

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      (7) The word "processor" shall be construed to mean one who combines, handles,

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manufactures or prepares, packages, and stores food products.

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      (8) The word "wholesale" shall be construed to mean when eighty percent (80%) or more

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of the business is for resale purposes.

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      (9) The word "retail" shall be construed to mean when eighty percent (80%) or more of

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sales are made directly to consumers.

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      (10) The term "food service establishment" shall mean any fixed or mobile restaurant;

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coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda

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fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment;

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private, public or nonprofit organization or institution routinely serving food; catering kitchen;

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commissary or similar place in which food or drink is prepared for sale or for service on the

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premises or elsewhere; and any other eating or drinking establishment or operation where food is

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served or provided for the public with or without charge.

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      (11) The word "warehouse" shall be construed to mean a place for the storage of dried,

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fresh, or frozen food or food products, not including those areas associated within or directly part

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of a food service establishment or retail market.

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      (12) The word "commissary" shall be construed to mean a central processing

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establishment where food is prepared for sale or service off the premises or by mobile vendor.

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      (13) The term "retail peddler" shall be construed to mean a food business which sells

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meat, seafood, and dairy products directly to the consumer, house to house or in a neighborhood.

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      (14) The term "mobile food service unit" shall be construed to mean a unit that prepares

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and/or sells food products for direct consumption.

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      (15) The term "vending machine site or location" means the room, enclosure, space, or

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area where one or more vending machines are installed and/or operated.

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      (16) The term "operator" in relation to food vending machines means any person who by

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contract, agreement, lease, rental, or ownership sells food from vending machines.

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      (17) The term "roadside farmstand" means a stand or location adjacent to a farm where

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produce grown only on that farm is sold at the time of harvest.

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      (18) The term "farmers market" means a market where two (2) or more farmers are

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selling produce exclusively grown on their own farms on a retail basis to consumers. Excluded

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from this term is any market where farmers or others are selling produce at wholesale and/or any

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market in which any individual is selling produce not grown on his or her own farm.

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     (19) The term "farm home food manufacture" means the production in accordance with

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the requirements of section 21-27-6.1 of food for retail sale in a residential kitchen on a farm

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which produces agricultural products for human consumption and the operator of which is

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eligible for exemption from the sales and use tax in accordance with subsection 44-18-30(33).

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     SECTION 2. Chapter 21-27 of the General Laws entitled "Sanitation in Food

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Establishments" is hereby amended by adding thereto the following section:

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     21-27-6.1. Farm home food manufacture. – Notwithstanding the other provisions of

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this chapter, the department of health shall permit farm home food manufacture and the sale of

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the products of farm home food manufacture at farmers' markets, farmstands, and other markets

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and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island

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farms, provided that the requirements of this section are met.

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     (1) The farm home food products shall be produced in a kitchen that is on the premises of

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a farm and meets the standards for kitchens as provided for in minimum housing standards,

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adopted pursuant to chapter 45-24.2 and housing maintenance and occupancy code, adopted

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pursuant to chapter 45-24.3, and in addition the kitchen shall:

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     (i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that

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reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one

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(1) compartment sink;

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     (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

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proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not

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to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

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     (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

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corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted

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surface;

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     (iv) Have self-closing doors for bathrooms that open directly into the kitchen.

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     (2) The farm home food products are prepared and produced ready for sale under the

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following conditions:

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     (i) Pets are kept out of food preparation areas during food preparation and out of food

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storage areas at all times;

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     (ii) Cooking facilities shall not be used for domestic food purposes while farm home food

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products are being prepared;

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     (iii) Garbage is placed and stored in impervious covered receptacles before it is removed

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from the kitchen, which removal shall be at least each day that the kitchen is used for farm home

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food manufacture;

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     (iv) Any laundry facilities which may be in the kitchen shall not be used during farm

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home food manufacture;

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     (v) Recipe(s) for each farm home food product with all the ingredients and quantities

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listed, and processing times and procedures, are maintained in the kitchen for review and

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inspection.

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     (3) Farm home food manufacture shall be limited to the production of nonpotentially

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hazardous food and foods that do not require refrigeration, including:

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     (i) Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits,

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vegetables and/or herbs that have been grown locally;

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     (ii) Double crust pies that are made with fruit grown locally;

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     (iii) Cookies, brownies, muffins, and breads;

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     (iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile

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radius of the farm;

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     (v) Candies and fudges;

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     (vi) Dried herbs and spices.

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     (4) Each farm home kitchen shall be registered with the department of health and shall

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require a notarized affidavit of compliance, in such form as the department may require, from the

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owner of the farm that the requirements of this section have been met and the operation of the

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kitchen shall be in conformity with the requirements of this section. A certificate of registration

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shall be issued by the department upon the payment of a fifty dollar ($50.00) fee and the

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submission of an affidavit of compliance. The certificate of registration shall be valid for one (1)

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year after the date of issuance; provided, however, that the certificate may be revoked by the

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director at any time for noncompliance with the requirements of the section. The certificate of

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registration, with a copy of the affidavit of compliance, shall be kept in the kitchen where the

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farm home food manufacture takes place. The director of health shall have the authority to

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develop and issue a standard form for the affidavit of compliance to be used by persons applying

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for a certificate of registration; said form shall impose no requirements or certifications beyond

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those set forth in this section and paragraph (19) of section 21-27-1. No such certificates of

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registration shall be issued by the department prior to September 1, 2002.

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     (5) Income from farm home food manufacture shall not be included in the calculation of

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farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to

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subsection 44-18-30(33), nor shall any equipment, utensils, or supplies acquired for the purpose

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of creating or operating farm home food manufacture be exempt from the sales and use tax as

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provided for in subsection 44-18-30(33).

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     SECTION 3. This act shall take effect upon passage.

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LC01320

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS

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     This act would regulate the manufacture and sale of farm home food.

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     This act would take effect upon passage.

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LC01320

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