2024 -- S 2622

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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 HEALTH AND SAFETY -- FOOD ALLERGY AWARENESS IN FOOD-

SERVICE ESTABLISHMENTS

     

     Introduced By: Senator Bridget Valverde

     Date Introduced: March 01, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-20.12-2 of the General Laws in Chapter 23-20.12 entitled "Food

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Allergy Awareness in Food-Service Establishments" is hereby amended to read as follows:

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     23-20.12-2. Department of Health — Establishment of Food Allergy Awareness

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Program.

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     (a) The director of health shall establish a food allergy awareness program which shall

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require that every food-service establishment shall: (1) Have prominently displayed a poster

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approved by the director relative to food allergy awareness in the staff area. The poster shall

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provide, but not be limited to, information regarding the risk of an allergic reaction and shall be

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developed by the department of health in consultation with the Rhode Island hospitality association,

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the food allergy and anaphylaxis-network and at least one representative from a quick service

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restaurant; (2) Include on all menus a notice to customers of the customer’s obligation to inform

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the server about any food allergies. The director shall develop and approve the language of the

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notice in consultation with the Rhode Island hospitality association, the food allergy and

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anaphylaxis-network and at least one representative from a quick service restaurant; and shall

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include, at a minimum, the following language: Before placing your order, please inform your

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server if any person in your party has a food allergy. Consumers especially vulnerable to foodborne

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illnesses should eat seafood and other foods of animal origin only if cooked thoroughly. Food

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allergens can cause serious illness, anaphylaxis shock and death; and (3) Designate a manager who

 

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shall be knowledgeable with regard to the relevant issues concerning food allergies as they relate

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to food preparation. The director shall prepare and provide both written and video materials for

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mandatory review by persons designated as managers of any food-service establishment, or the

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persons designated as managers shall be certified by a food protection manager certification

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program that is evaluated and listed by a conference for food protection-recognized accrediting

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agency as conforming to the conference for food protection standards for accreditation of food

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protection manager certification programs. The department of health shall include knowledge of

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food allergy issues as part of the certification procedure for managers in food safety pursuant to

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chapter 27 of title 21.

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     (b) The department of health shall provide for a system to digitally inspect or conduct in

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person inspections of every menu at every restaurant licensed to operate in the State of Rhode Island

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to ensure that each establishment is in compliance with the provisions of this section.

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     (c) Any restaurant that fails to comply with the menu warning as provided in this section

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shall, for a first offense receive a written warning, and for any subsequent offense be fined up to

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five hundred dollars ($500).

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     SECTION 2. This act shall take effect on January 1, 2025.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- FOOD ALLERGY AWARENESS IN FOOD-

SERVICE ESTABLISHMENTS

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     This act would require food service establishments to add an additional warning to their

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menus relative to food allergens and impose a civil penalty on those establishments that fail to

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include the required warnings on its menus.

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     This act would take effect on January 1, 2025.

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