S2127

	2012 -- S 2127
	=======
	LC00135
	=======
	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2012

	____________


	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:

1-1	SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby
1-2	amended by adding thereto the following chapter:
1-3	CHAPTER 20.12
1-4	FOOD ALLERGY AWARENESS IN FOOD-SERVICE ESTABLISHMENTS
1-5	23-20.12-1. Definitions. – When used in this chapter, the following words shall have the
1-6	following meanings:
1-7	(1) “Director” means the director of health or his or her duly appointed agents.
1-8	(2) “Food service establishment” means any fixed or mobile restaurant; coffee shop;
1-9	cafeteria; short-order café; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern;
1-10	bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public
1-11	or nonprofit organization or institution routinely serving food; catering kitchen; commissary or
1-12	similar place in which food or drink is prepared for sale or for service on the premises or
1-13	elsewhere; and any other eating or drinking establishment or operation where food is served or
1-14	provided for the public with or without charge.
1-15	23-20.12-2. Department of Health – Establishment of Food Allergy Awareness
1-16	Program. – The director of health shall establish a food allergy awareness program which shall
1-17	require that every food-service establishment shall: (1) Have prominently displayed a poster
1-18	approved by the director relative to food allergy awareness in the staff area. The poster shall
1-19	provide, but not be limited to, information regarding the risk of an allergic reaction and shall be
2-1	developed by the department of health in consultation with the Rhode Island hospitality
2-2	association and the food allergy and anaphylaxis-network; (2) Include on all menus a notice to
2-3	customers of the customer’s obligation to inform the server about any food allergies. The director
2-4	shall develop and approve the language of the notice in consultation with the Rhode Island
2-5	hospitality association and the food allergy and anaphylaxis-network; and (3) Designate a
2-6	manager who shall be knowledgeable with regard to the relevant issues concerning food allergies
2-7	as they relate to food preparation. The director shall prepare and provide both written and video
2-8	materials for mandatory review by persons designated as managers of any food-service
2-9	establishment. The department of health shall include knowledge of food allergy issues as part of
2-10	the certification procedure for managers in food safety pursuant to chapter 21-27 of the Rhode
2-11	Island general laws.
2-12	23-20.12-3. Rules and Regulations. – The director shall adopt rules and regulations
2-13	relating to the administration and enforcement of this chapter.
2-14	23-20.12-4. “Food Allergy Friendly” designation. – The director shall develop a
2-15	program for food-service establishments to be designated as “Food Allergy Friendly” and shall
2-16	maintain a listing of food-service establishments receiving such designation on the department of
2-17	health’s website. Participation in the program shall be voluntary and the director shall, in
2-18	consultation with the Rhode Island hospitality association and the food allergy and anaphylaxis-
2-19	network, issue guidelines and requirements for food-service establishments to receive such
2-20	designation, provided that such requirements shall include, but not be limited to, maintaining on
2-21	the premises, and making available to the public, a master list of all the ingredients used in the
2-22	preparation of each food item available for consumption.
2-23	23-20.12-5. Enforcement. – The director of health, or the director’s authorized agents,
2-24	shall enforce the provisions of this chapter.
2-25	SECTION 2. This act shall take effect upon passage.

	=======
	LC00135
	=======

	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN
	RESTAURANTS
	***

3-1	This act would establish a food allergy awareness program through the department of
3-2	health which would require compliance by food-service establishments.
3-3	This act would take effect upon passage.

	=======
	LC00135
	=======

S2127