2025 -- H 5942

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LC001905

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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: Representatives McNamara, Serpa, Ackerman, Shanley, Read, Solomon,
and Costantino

     Date Introduced: February 28, 2025

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation

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

     21-27-10. Registration of food businesses.

     (a) No person shall operate a food business as defined in § 21-27-1 unless he or she

annually registers the business with the state director of health; provided, that food businesses

conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farm

stands, or any municipality shall be exempt from payment of any required fee. Additionally, no

license fee shall be required for an establishment that:

     (1) Holds a Class C liquor license pursuant to § 3-7-8; and

     (2) Complies with the license limits set forth in § 3-7-8(b).

     (b) In order to set the registration renewal dates so that all activities for each establishment

can be combined on one registration instead of on several registrations, the registration renewal

date shall be set by the department of health. The registration period shall be for twelve (12) months

commencing on the registration renewal date. Any renewal registration fee shall be at the full,

annual rate regardless of the date of renewal. Any fee for a first-time application shall have the

registration fee pro-rated based upon the date of issuance of registration. If the registration renewal

date is changed, the department may make an adjustment to the fees of registered establishments,

not to exceed the annual registration fee, in order to implement the changes in registration renewal

date. Registrations issued under this chapter may be suspended or revoked for cause. Any

registration or license shall be posted in a place accessible and prominently visible to an agent of

the director.

     (c) Registration with the director of health shall be based upon satisfactory compliance

with all laws and regulations of the director applicable to the food business for which registration

is required.

     (d) The director of health is authorized to adopt regulations necessary for the

implementation of this chapter.

     (e) Classification for registration shall be as follows:

     (1) In-state and out-of-state food processors that sell food in Rhode Island (Wholesale)

     (2) Food processors (Retail)

     (3) Food service establishments:

     (i) 50 seats or less

     (ii) More than 50 seats

     (iii) Mobile food service units

     (iv) Industrial caterer or food vending machine commissary

     (v) Cultural heritage educational facility

     (4) Vending machine sites or location:

     (i) Three (3) or less machines

     (ii) Four (4) to ten (10) machines

     (iii) Eleven (11) or more machines

     (5) Retail markets:

     (i) 1 to 2 cash registers

     (ii) 3 to 5 cash registers

     (iii) 6 or more cash registers

     (6) Retail food peddler (meat, seafood, dairy, and frozen dessert products)

     (7) Food warehouses

     (f) In no instance, where an individual food business has more than one activity eligible

under this chapter for state registration within a single location, shall the business be required to

pay more than a single fee for the one highest classified activity listed in subsection (e) of this

section; provided, that, where several separate but identically classified activities are located within

the same building and under the management and jurisdiction of one person, one fee shall be

required. In each of the instances in this subsection, each activity shall be separately registered.

     (g) Fees for registration of the above classifications shall be as set forth in § 23-1-54.

     (h) The department shall also annually charge food service establishments an additional

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fee of fifty dollars ($50.00) per year, which shall be transferred to the department of labor and

training and shall be deposited into the hospitality training restricted receipt account, which shall

be exempt from the indirect cost recovery provisions of § 35-4-27. Subject to appropriation by the

general assembly, these funds shall be used to provide hospitality industry workforce training

grants including, but not limited to, certified food and alcohol safety training programs offered in

multiple languages.

     SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

     35-4-27. Indirect cost recoveries on restricted receipt accounts. [Effective January 1,

2025.]

     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

federal grant funds; or (3) Through transfers from state agencies to the department of administration

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

unless prohibited by federal law or regulation, court order, or court settlement. The following

restricted receipt accounts shall not be subject to the provisions of this section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Health System Transformation Project

     Rhode Island Statewide Opioid Abatement Account

     HCBS Support-ARPA

     HCBS Admin Support-ARPA

     Department of Human Services

     Veterans’ home — Restricted account

     Veterans’ home — Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran’s Cemetery Memorial Fund

     Donations — New Veterans’ Home Construction

     Commodity Supplemental Food Program-Claims

     Department of Health

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     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Healthcare Information Technology

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Group Home Facility Improvement Fund

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppet Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund — Interest revenue

     Department of Public Safety

     E-911 Uniform Emergency Telephone System

     Forfeited property — Retained

     Forfeitures — Federal

     Forfeited property — Gambling

     Donation — Polygraph and Law Enforcement Training

     Rhode Island State Firefighter’s League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property — Gambling

     Department of Administration

     OER Reconciliation Funding

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     Health Insurance Market Integrity Fund

     RI Health Benefits Exchange

     Information Technology restricted receipt account

     Restore and replacement — Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts — TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Grants Management Administration

     RGGI-Executive Climate Change Coordinating Council Projects

     Electric Vehicle Charging Stations Operating and Maintenance Account

     Department of Housing

     Housing Resources and Homelessness Restricted Receipt Account

     Housing Production Fund

     Low-Income Housing Tax Credit Fund

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children’s Trust Accounts — SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses — State Retirement System

     Retirement — Treasury Investment Options

     Defined Contribution — Administration - RR

     Violent Crimes Compensation — Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

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     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Marijuana Trust Fund

     Social Equity Assistance Fund

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf — School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies — National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     IGT STEM Scholarships

     Department of Labor and Training

     Job Development Fund

     Contractor Training Restricted Receipt Account

     Hospitality Training Restricted Receipt Account

     Rhode Island Council on the Arts

     Governors’ Portrait Donation Fund

     Statewide records management system account

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

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LC001905

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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 establish a restricted receipt account at the department of labor and training

(“DLT”) to be used for hospitality industry workforce training grants, including certified food and

alcohol safety training programs offered in multiple languages, funded by an annual fee of fifty

($50.00) dollars charged by the department of health (“DOH”) to food service establishments.

     This act would take effect on January 1, 2026.

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LC001905

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