2024 -- H 7441

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LC004098

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO FOOD AND DRUGS -- MILK SANITATION CODE -- SANITATION IN

FOOD ESTABLISHMENTS

     Introduced By: Representative David J. Place

     Date Introduced: February 02, 2024

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-2-2, 21-2-3, 21-2-5, 21-2-7, 21-2-23, 21-2-29, 21-2-30, 21-2-31,

21-2-32 and 21-2-44 of the General Laws in Chapter 21-2 entitled "Milk Sanitation Code" are

hereby amended to read as follows:

     21-2-2. Declaration of policy.

     Milk is recognized to be one of the most perfect foods afforded by nature. It is unique in

that its consumption in adequate quantities is essential to the nutritional well-being of the

individual; but if its production and distribution are not properly safeguarded, it may be

instrumental in the transmission of diseases infectious to people. It is declared to be the policy of

the state that, for the protection of the health and welfare of the people of the state of Rhode Island,

the environmental conditions surrounding the production, handling, transportation, distribution,

and sale of milk and milk products shall be to protect the public health and to provide consumers

with products that are identified in such a way as to promote honesty and fair dealing in the best

interests of the consumers. Specifically, it is declared to be the policy of the state to provide:

     (1) That the people of Rhode Island shall have a supply of milk adequate to their needs and

demands under all conditions.

     (2) That milk provided for consumers within the state of Rhode Island shall be of good

quality; shall be safe for human consumption; shall contain no live bacteria capable of transmitting

disease to people; shall contain adequate nutritional components; and shall be free of adulteration.

     (3) That milk sold or produced in Rhode Island shall come from healthy cows or goats.

     (4) That milk sold or produced in Rhode Island shall be produced on farms having

standards and conditions of sanitation adequate to ensure production of milk that is safe and of

good quality.

     (5) That milk sold or produced in Rhode Island shall be produced, processed, and handled

by personnel free from any communicable disease.

     (6) That milk to be consumed in the state of Rhode Island shall, at all stages in its travel

from animal to ultimate consumer, be transported in equipment and/or packages that shall be

designed, filled, operated, maintained, and emptied to prevent the introduction and/or propagation

of bacteria, dirt, or any other foreign substances.

     (7) That all milk sold in Rhode Island shall be handled and processed under conditions of

good sanitation and shall be finally packaged free from contamination, dirt, or any other foreign

substances and/or adulteration.

     (8) That all raw milk may be sold within the state of Rhode Island. shall be, except as

specifically authorized by this chapter, pasteurized

     (9) That pasteurization of milk shall be by a recognized method of pasteurizing adequate

to destroy bacteria capable of transmitting disease to people. Provided, that a physician may

authorize an individual sale of goat milk directly from producer to consumer by written, signed

prescription.

     (9)(10) That the branding or labeling of packages in which all milk sold in the state of

Rhode Island shall be delivered to the consumer shall state the grade of milk packaged; may state

any special attributes of the milk; and that all statements made on any packaging labels shall not be

false or misleading.

     (10)(11) That this state shall cooperate in the preparation and promulgation of any set of

standards, regulations, statutes, or other means of control of sanitation in the production,

transportation, handling, processing, and distribution of milk, or any one or more of them,

according to a uniform system of requirements to be adopted alike by all or a majority of the states

that contribute milk to the Rhode Island market.

     21-2-3. Definitions.

     (a) “Cream” means the liquid milk product high in fat from milk, which may have been

adjusted by adding to it: milk, concentrated milk, dry whole milk, skim milk, or nonfat dry milk.

     (b) “Director” means the director of the department of health, unless otherwise specified.

     (c) “Goat milk” is the lacteal secretion, practically free from colostrum, obtained by the

complete milking of healthy goats. The word “milk” is interpreted to include goat milk.

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     (d) “Grade A” means milk, cream, and products of milk and cream, that comply with the

applicable provisions of regulations established by the director.

     (e) “Milk” means the lacteal secretion, practically free from colostrum, obtained by

complete milking of one or more healthy cows. Milk that is in final package form for beverage use

shall contain not less than eight and one-fourth percent (8.25%) milk solids not fat and not less than

three and one-fourth percent (3.25%) milk fat. Milk may have been adjusted by separating part of

the milk fat from it or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated

skim milk, or nonfat dry milk to it. The milk may be homogenized.

     (f) “Raw milk for pasteurization” means grade “A” milk for pasteurization and raw

products of milk that comply with the sanitary standards for their production, transportation,

receiving, handling, storage, processing, distribution, and sale as established by the director.

     (g) “Raw milk cheese” means any cheese manufactured from raw milk that meets United

States food and drug administration (USFDA) standards for cheeses set forth in 21 C.F.R. 133 and

has not undergone the process of pasteurization and that contains, as appropriate for the cheese,

generally recognized as safe (GRAS) and suitable ingredients as defined in 21 C.F.R. 184.

     (h) "Raw milk" means milk that is neither pasteurized nor homogenized and comes directly

from a cow.

     21-2-5. Analysis of raw milk by private milk laboratories.

     (a) Each milk plant engaged in processing milk shall, at least once in each calendar month,

either through its own agents or through its milk haulers, collect, preserve, and submit to a private

milk laboratory for analysis a sample or samples of the milk of each producer supplying milk to

the milk plant. The laboratory shall determine the bacterial counts of the sample, both as raw milk

and after pasteurization in the laboratory, the determination to be made by the standard plate count

method, as well as a determination for any harmful substances that the director may by regulation

require, and shall keep a record of these findings for a period of not less than one year following

the findings which shall be open to inspection by the director or any milk inspector. The laboratory

shall make a report to the milk plant submitting the sample with respect to each determination.

     (b) The director may by regulation require any milk plant to submit samples of milk after

pasteurization in the plant to a private laboratory for analysis for the purpose of ascertaining

bacterial counts or the presence of harmful substances or organisms as the director may require,

and the laboratory shall make its reports on its analysis available to the director in the same manner

as with respect to samples of raw milk submitted by producers.

     (c) Regulations promulgated by the director pursuant to this section requiring sampling by

a private milk laboratory shall not impose an unreasonable burden on milk plants. The director may

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in his or her discretion engage private laboratories to perform any additional tests that he or she

may require in the event the expense of the tests constitutes an unreasonable burden on milk plants.

The director may by regulation require producers of raw milk and raw milk cheese to submit

samples of unpasteurized milk for said analysis.

     21-2-7. Permits.

     (a) It shall be unlawful for any milk producer whose dairy farm is located wholly or partly

in this state to sell or to offer to sell milk, raw milk, or milk products or to have milk stored for sale

who does not possess at all times a Rhode Island producer’s permit from the director.

     (b) It shall be unlawful for any milk hauler to transport any milk or milk products to any

milk plant in the state of Rhode Island or to transport any milk or raw milk in this state destined for

sale in this state unless he or she shall at all times possess a Rhode Island milk hauler’s permit from

the director.

     (c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island

who does not possess a Rhode Island milk plant permit from the director with respect to each plant

located in Rhode Island.

     (d) It shall be unlawful for any milk distributor to sell or offer to sell milk, raw milk, or

milk products, including raw milk cheese, within the state of Rhode Island unless he or she shall at

all times possess a milk distributor’s permit from the director.

     (e) It shall be unlawful for any milk hauler to transport any milk, raw milk, or milk products

from any point outside the state into the state of Rhode Island for sale or processing in this state or

for any milk plant located in Rhode Island to process any milk, raw milk, or milk products which

come from any point outside the state of Rhode Island or for any milk distributor to sell any milk

or milk products within this state which come from any point outside this state, unless:

     (1) Every producer who produces any part of the milk, raw milk, or milk products shall

have been inspected and shall from time to time be inspected with the same minimum frequency,

to the same degree, and according to the same requirements as provided in this chapter or any

regulations promulgated under this chapter in the case of Rhode Island producers;

     (2) Every vehicle in which the milk or raw milk is transported to the plant where processed

shall from time to time be inspected with the same minimum frequency, to the same degree, and

according to the same requirements as provided in this chapter or any regulations promulgated

pursuant to this chapter in the case of Rhode Island milk hauler permittees; and

     (3) The operator of each milk plant located outside the state of Rhode Island where any

part of the milk is processed at all times possesses an out-of-state milk plant permit from the

director.

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     (f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer

for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for

pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A

milk product, unless the person at all times is in possession of a Rhode Island grade A producer’s

permit.

     (g) The fees for the following permits referred to in this section shall be as set forth in §

23-1-54:

     (1) In-state milk processors;

     (2) Out-of-state milk processors; and

     (3) Milk and raw milk distributors.

     (h) Milk and raw milk producers and milk haulers shall be exempt from permit fees.

     21-2-23. Director empowered to make regulations.

     (a) The director of health is authorized to promulgate any regulations that are necessary to

carry into effect the provisions of this chapter, which shall include, but not be limited to, providing

for: (1) standards of identity, labeling requirements, maintaining standards for milk, raw milk, and

milk products sold or offered for sale in final package forms; (2) standards for the production,

transportation, receiving, handling, storage, processing, distributions, and sale of raw milk, and raw

milk for pasteurization and products of raw milk, including all pertinent sanitary standards and

uniform minimum requirement for inspection of dairy farms, milk plants and receiving stations;

and may in like manner amend, modify or repeal those rules and regulations which shall be

consistent with the provisions of the Grade “A” Pasteurized Milk Ordinance 1978

recommendations of the U.S. Public Health Service/Food and Drug Administration, 1983

Revisions, which shall become upon the passage of this act the rules and regulations under this

chapter in accordance with § 21-2-2(10).

     (b) The adoption and amendment of regulations in the future shall be in accordance with

chapter 35 of title 42; provided, that amendments to the Grade “A” Pasteurized Milk Ordinance

adopted by the interstate milk shippers conference shall become a part of the regulations under this

chapter. Provided, that a person adversely affected by any regulation may, within thirty (30) days,

file with the director, in writing, those objections to a regulation automatically adopted which stays

the effect of the regulation. If no substantial objections are received and no hearing is requested

within thirty (30) days after publication of a notice of the adoption of a regulation, it shall be

effective as of the date it was adopted by the interstate milk shippers conference. When automatic

adoption is stayed by a timely objection, the director, after notice, shall conduct a public hearing in

accordance with the provisions of chapter 35 of title 42. The director of health is authorized to

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adopt any other regulations for milk, raw milk, and other related products that he or she deems

necessary in accordance with authority granted under this chapter, chapters 27 and 31 of this title

and § 23-1-18(5).

     (c) The director shall publish a notice of the adoption in a newspaper having general

circulation throughout the state.

     21-2-29. Standards to be maintained.

     All milk, raw milk, and milk products as defined in this chapter which are to be shipped,

brought, carried, or transported into Rhode Island for sale, distribution, use, or processing in this

state, shall come from animals that are of a substantially equal or higher health status as applied to

brucellosis, tuberculosis, or other diseases as those animals located within Rhode Island from which

milk is produced for sale, distribution, use, or processing.

     21-2-30. Information to be furnished to director.

     Every person engaged in the business of producing, handling, transporting, processing,

packaging, selling, or distributing milk and raw milk in Rhode Island shall upon request furnish the

director, whenever requested by the director, the following information: (1) full name and place of

business; (2) number of quarts of milk handled weekly by him or her or it; and (3) the names and

addresses of all producers, milk haulers or milk plants supplying milk to him or her. Every milk

plant holding a Rhode Island milk plant permit shall report coincidentally with and by means of a

copy of any report which he or she makes, or is required to make, to the federal milk marketing

administrator whenever he or she shall have added or dropped a milk producer.

     21-2-31. Labeling of containers of milk and milk products.

     (a) All containers in or from which milk, raw milk, or milk products are sold or offered for

sale shall bear a label in accordance with regulations adopted under this chapter.

     (b) All labels or marks shall be displayed in the manner and include any matters as shall be

prescribed by the rules and regulations of the director; provided, nothing contained in this section

shall be construed to empower the director to disapprove of or to change any dealer from using the

common name of his or her firm, or of any registered trademark, brand, or trade name customarily

used by him or her in the identification of any or all of his or her products.

     (c) Samples of all labels or marks to be used on containers of milk, raw milk, or milk

products shall be submitted for approval as to color, size of lettering, and matter. No misleading

mark or words shall be placed on any container of milk, raw milk, or milk products. The cap or

cover of all containers of milk, raw milk, or milk products must cover the pouring lip to at least its

largest diameter.

     21-2-32. Labeling as to breed of cows.

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     (a) The labels of milk or raw milk containers may carry in addition to one of the above

grade names, but set apart from those grade names, the name of the breed of cows producing the

milk and raw milk or the registered trade name or trademark for the breed; provided containers so

labeled contain only milk produced from the breed named.

     (b) The label of milk and raw milk product containers may carry in addition to one of the

terms defined in § 21-2-31 which correctly describes the contents, but set apart from that term, the

name of the breed of cows producing the milk from which the milk product was derived, or the

registered trade name or trademark for the breed; provided that containers so labeled contain only

a milk product derived from milk produced from the breed named.

     21-2-44. State statutory provisions and rules paramount to local.

     Whenever there is any provision of this chapter or any other statute defining a particular

kind, type, or grade of milk, raw milk, or milk product or setting forth requirements as to the

chemical or bacteriological components, standards, or requirements for that kind, type, or grade of

milk, raw milk, or milk product, or specifying standards or methods for the processing, treatment,

or packaging or labeling of the milk, raw milk, or milk product, or when the director shall have

lawfully established a definition or requirements by regulation, the provisions of that chapter,

statute, or regulation shall supersede any definition or requirements for it which may be contained

in any city or town ordinance or in the regulations of any city or town office or department, whether

made under a statute or an ordinance.

     SECTION 2. Section 21-27-6.1 of the General Laws in Chapter 21-27 entitled "Sanitation

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

     21-27-6.1. Farm home food manufacture.

     Notwithstanding the other provisions of this chapter, the department of health shall permit

farm home food manufacture and the sale of the products of farm home food manufacture at

farmers’ markets, farmstands, and other markets and stores operated by farmers for the purpose of

the retail sale of the products of Rhode Island farms, provided that the requirements of this section

are met.

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

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

pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted

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

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

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

one compartment sink;

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

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

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

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

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

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

     (v) If farm is on private water supply it must be tested once per year.

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

following conditions:

     (i) Pets are kept out of food preparation and food storage areas at all times;

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

products are being prepared;

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

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

home food manufacture;

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

food manufacture;

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

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

     (vi) List ingredients on product;

     (vii) Label with farm name, address and telephone number.

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

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

     (i) Jams, jellies, preserves and acid foods, such as vinegars, pickles and relish, that are

prepared using fruits, vegetables and/or herbs that have been grown locally;

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

     (iii) Yeast breads;

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

radius of the farm;

     (v) Candies and fudges;

     (vi) Dried herbs and spices.

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

require a notarized affidavit of compliance, in any form that the department may require, from the

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

shall be issued by the department upon the payment of a fee as set forth in § 23-1-54 and the

submission of an affidavit of compliance. The certificate of registration shall be valid for one year

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

any time for noncompliance with the requirements of the section. The certificate of registration,

with a copy of the affidavit of compliance, shall be kept in the kitchen where the farm home food

manufacture takes place. The director of health shall have the authority to develop and issue a

standard form for the affidavit of compliance to be used by persons applying for a certificate of

registration; the form shall impose no requirements or certifications beyond those set forth in this

section and § 21-27-1(8). No certificates of registration shall be issued by the department prior to

September 1, 2002.

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

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

44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating or

operating farm home food manufacture be exempt from the sales and use tax as provided for in §

44-18-30(32).

     SECTION 3. Chapter 32-1 of the General Laws entitled "General Provisions" is hereby

amended by adding thereto the following section:

     32-1-23. Taking of mushrooms from state parks, recreational areas, and forests

permitted.

     (a) The director of the department of environmental management ("director") shall

promulgate, adopt, and enforce any and all rules and regulations deemed necessary to authorize

any person to take mushrooms from any lands under the control of the director, provided such

taking is for personal use only. The state shall have no liability to any person or the heirs or assigns

of any such person who engages in the taking of mushrooms from any lands under the control of

the director.

     (b) Pursuant to the rules and regulations promulgated in accordance with the provisions of

subsection (a) of this section, any person lawfully using or present on the premises of any state

park, recreational area, forest or public land under the control or management of the director, may

collect and harvest wild mushrooms found growing thereon for personal use.

     SECTION 4. 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 -- MILK SANITATION CODE -- SANITATION IN

FOOD ESTABLISHMENTS

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     This act would add pickles and relish to those foods not requiring refrigeration which are

permitted to be manufactured and sold as a farm home food product, and would permit and legalize

the sale of raw milk. This act would also provide for the authorized taking of mushrooms from

lands under control of the DEM for personal use.

     This act would take effect upon passage.

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