It is enacted by the General Assembly as follows:

SECTION 1. Sections 21-27-1, 21-27-6 and 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation in Food Establishments" are hereby amended to read as follows:

{ADD 21-27-1. Definitions. -- ADD} Unless otherwise specifically provided herein, the following definitions shall apply to this chapter:

(1) The word "department" shall be construed to mean the state department of health.

(2) The word "director" shall be construed to mean the director of the state department of health or the director's duly appointed agents.

(3) The word "person" shall be construed to mean any individual, firm, co-partnership, association, or private or municipal corporation.

(4) The word "approved" shall be construed to mean approved by the director.

(5) The word "food" shall be construed to mean: (A) articles used for food or drink for man or other animals, (B) chewing gum, and (C) articles used for components of any such article.

(6) The term "food business" shall be construed to mean and include any establishment or place, whether fixed or mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served, transported, or sold.

(7) The word "processor" shall be construed to mean one who combines, handles, manufactures or prepares, packages, and stores food products.

(8) The word "wholesale" shall be construed to mean when 80 percent or more of the business is for resale purposes.

(9) The word "retail" shall be construed to mean when 80 percent or more of sales are made directly to consumers.

(10) The term "food service establishment" shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(11) The word "warehouse" shall be construed to mean a place for the storage of dried, fresh, or frozen food or food products, not including those areas associated within or directly part of a food service establishment or retail market.

(12) The word "commissary" shall be construed to mean a central processing establishment where food is prepared for sale or service off the premises or by mobile vendor.

(13) The term "retail peddler" shall be construed to mean a food business which sells meat, seafood, and dairy products directly to the consumer, house to house or in a neighborhood.

(14) The term "mobile food service unit" shall be construed to mean a unit that prepares and/or sells food products for direct consumption.

(15) The term "vending machine site or location" means the room, enclosure, space or area where one or more vending machines are installed and/or operated.

(16) The term "operator" in relation to food vending machines means any person who by contract, agreement, lease, rental or ownership sells food from vending machines.

{ADD (17) The term "roadside farmstand" means a stand or location adjacent to a farm where produce grown only on that farm is sold at the time of harvest. ADD}

{ADD (18) The term "farmers market" means a market where two (2) or more farmers are selling produce exclusively grown on their own farms on a retail basis to consumers. Excluded from this term is any market where farmers or others are selling produce at wholesale and/or any market in which any individual is selling produce not grown on his or her own farm. ADD}

{ADD 21-27-6. Businesses exempt. -- ADD} The provisions of this chapter shall not apply to those activities of food business which are licensed and regulated in accordance with the provisions of this title provided, that retail food businesses and food vending machines limited solely to selling or dispensing ice and/or non-perishable foods, including but not limited to gumballs, unopened bottled or canned beverages, and pre-packaged candy, nuts, gum, popcorn, chips, pretzels, cookies, and crackers {DEL , DEL} {ADD ; and honey producers who are registered with the State of Rhode Island ADD} are exempt from the provisions of this chapter.

{ADD 21-27-10. Registration of food businesses. -- ADD} (1) No person shall operate a food business as defined in section 21-27-1(6) unless he or she annually registers the business with the state director of health; provided, however, that food businesses conducted by non-profit organizations, hospitals, public institutions, {ADD farmers markets, roadside farmstands, ADD} or any municipality shall be exempt from payment of any fee required.

(2) 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, and the registration fee shall be at the full annual rate regardless of the date of application or 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.

(3) 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.

(4) The director of health is authorized to adopt regulations necessary for the implementation of this chapter.

(5) Classifications and fees for registration shall be as follows:

(A) Food processors (wholesale).................... $175.00

(B) Food processors (retail)....................... 75.00

(C) Food service establishments:

(i) 50 seats or less............................... 100.00

(ii) More than 50 seats............................ 150.00

(iii) Mobile food service units.................... 60.00

(iv) Industrial caterer or food vending machine commissary............................... 175.00

(v) Vending machine sites or location:

(a) Three (3) or less machines..................... 30.00

(b) Four (4) to ten machines....................... 60.00

(c) Eleven (11) or more machines................... 75.00

(D) Retail markets:

(i) 1 to 2 cash registers.......................... 75.00

(ii) 3 to 5 cash registers......................... 150.00

(iii) 6 or more cash registers..................... 325.00

(E) Retail food peddler (meat, seafood, dairy, and frozen dessert products)...................................... 60.00

(F) Food warehouses................................ 120.00

(6) 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 such business be required to pay more than a single fee for the one highest classified activity listed above, 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 foregoing instances, each activity shall be separately registered.

SECTION 2. This act shall take effect upon passage.