2025 -- H 5859

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS

     Introduced By: Representative Megan L. Cotter

     Date Introduced: February 28, 2025

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-27-3 of the General Laws in Chapter 21-27 entitled "Sanitation in

Food Establishments" is hereby amended to read as follows:

     21-27-3. Sanitary regulations.

     (a) The director shall adopt any regulations relating to sanitation that he or she may deem

advisable with reference to any food business and with reference to the premises, property,

equipment, and utensils used in connection with any food business.

     (b) No regulation adopted pursuant to the provisions of this section shall prohibit the use

of private well water in employee only restrooms or restrooms available for use by customers or

the public if the private well water complies with the rules and regulations adopted pursuant to §

23-1-5.3. The director may adopt regulations requiring the posting of notices in restrooms utilizing

private well water notifying persons using the rest room that the water is produced from a private

water well and shall not be used for drinking or food preparation.

     (c) Nothing in this section shall be construed as limiting or restricting the director's

authority to regulate the source of drinking water or water utilized to wash, prepare or cook food

or drink that is sold on the premises.

     SECTION 2. Section 23-1-5.3 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-5.3. Duties of the office of private well water contamination.

     The office of private well water contamination shall:

     (1) Coordinate the response of all state agencies to instances of private well water

contamination;

     (2) Inform public officials of private well contamination events occurring within their

jurisdictions and advise them of any actions proposed by the department of health or other state

agencies;

     (3) Advise private well owners, public officials and others on applicable federal and state

policies, regulations, and standards relative to private well water contamination;

     (4) Develop educational materials describing drinking water quality standards for private

wells, private well testing requirements, groundwater contamination and existing programs and

procedures for its abatement and prevention;

     (5) Develop regulations establishing procedures for providing emergency response to

private well water contamination including the provision of bottled water and/or water filters where

appropriate;

     (6) Develop and promulgate any rules and regulations that are necessary to establish

drinking water quality standards for private wells, and shall be subject to the Administrative

Procedures Act, chapter 35 of title 42. As a minimum, these rules and regulations shall:

     (i) Specifically identify all contaminants to be tested, as well as the acceptable level for

each contaminant;

     (ii) Require testing for coliform bacteria, fluoride, iron, lead, manganese, nitrate, nitrite and

turbidity of all new private wells prior to being placed into service as a source of drinking water;

     (iii) Require testing for coliform bacteria, fluoride, iron, lead, manganese, nitrate, nitrite

and turbidity of all private wells currently in service, or capable of being placed in service, as a

source of drinking water, prior to sale of a property upon which they are located or serviced;

     (iv) Require the property owner to disclose the results of any previous well water testing

prior to sale or lease of a property upon which the well(s) are located or serviced;

     (v) Establish minimum qualifications for professionals engaged in sampling private water

wells and preparing opinions relating to the quality of the water;

     (vi) Establish requirements and procedures for reporting the results of all private well

testing to the director of health and municipal building officials;

     (vii) Establish specific guidance for municipal building officials as to what constitutes

“potable” water for a private well, and contaminant levels which constitute a public health concern

with regard to the issuance of a certificate of occupancy and recommendations for further testing

beyond that required in paragraphs (ii) and (iii) of this subdivision; and

     (7) Establish and maintain a database showing known areas where there are contaminants

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of concern to public health and make these results available to the public through the website of

the department of health. ; and

     (8) Develop and promulgate any rules and regulations that are necessary to protect the

safety of employees and the public for the use of private well water in the restrooms of food service

establishments.

     SECTION 3. This act shall take effect on January 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS

***

     This act would permit the use of private well water in food service establishment's

restrooms if the water complies with the standards established pursuant to § 23-1-5.3(8).

     This act would take effect on

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