2021 -- H 5152

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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 -- SANITATION IN FOOD ESTABLISHMENTS

     Introduced By: Representative David A. Bennett

     Date Introduced: January 25, 2021

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

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

     21-27-13. Multi-use containers.

     (a) Definitions. Unless otherwise specifically provided in this chapter, the following

definitions apply to this chapter:

     (1) "Consumer-owned beverage containers" means storage containers designed and

constructed for reusable beverage storage.

     (2) "Consumer-owned multi-use containers" means storage containers designed and

constructed for reusable food storage.

     (b) Except as specified in subsections (b)(1) and (b)(2) of this section, returned empty

multi-use containers intended for filling with food or beverage shall be cleaned in an approved

facility.

     (1) Clean consumer-owned containers provided or returned to the food facility for filling

may be filled and returned to the same customer if the container is filled by either an employee of

the food facility or the owner of the container and the dispensing system includes a contamination-

free transfer process.

     (2) The food facility shall either isolate the consumer-owned containers from the serving

surface or sanitize the serving service after each filling as required under § 3-304.17 of the Food

and Drug Administration's 2017 food code.

     (c) The food facility shall prepare, maintain, and adhere to written procedures to prevent

cross-contamination, such as described in § 3-304.17 of the Food and Drug Administration's 2017

food code. The food facility shall make the written procedures available to the enforcement agency

upon request or at the time of inspection.

     (d) Consumer-owned containers that are not food specific may be filled at water vending

machines or systems and with beverages that are not potentially hazardous such as those that are

time or temperature controlled for safety.

     (e) No food facility shall be held liable for food safety related issues associated with the

use of consumer multi-use containers, unless there is a showing of gross negligence on the part of

the food facility in failing to adhere to the food safety standards set forth above and in the Food and

Drug Administration's 2017 food code.

     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 define what constitutes a multi-use food and beverage storage container and

would provide for sanitary use of said containers.

     This act would take effect upon passage.

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