Rhode Island 2023 Regular Session

Rhode Island House Bill H5301 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5301
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7	7	LC000472
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS
16	16	Introduced By: Representatives Place, Rea, Nardone, and Quattrocchi
17	17	Date Introduced: February 01, 2023
18	18	Referred To: House Small Business
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 21-27-6.1 of the General Laws in Chapter 21-27 entitled "Sanitation 1
23	23	in Food Establishments" is hereby amended to read as follows: 2
24	24	21-27-6.1. Farm home food manufacture. 3
25	25	Notwithstanding the other provisions of this chapter, the department of health shall permit 4
26	26	farm home food manufacture and the sale of the products of farm home food manufacture at 5
27	27	farmers’ markets, farmstands, and other markets and stores operated by farmers for the purpose of 6
28	28	the retail sale of the products of Rhode Island farms, provided that the requirements of this section 7
29	29	are met. 8
30	30	(1) The farm home food products shall be produced in a kitchen that is on the premises of 9
31	31	a farm and meets the standards for kitchens as provided for in minimum housing standards, adopted 10
32	32	pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted 11
33	33	pursuant to chapter 24.3 of title 45, and in addition the kitchen shall: 12
34	34	(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that 13
35	35	reaches one hundred fifty degrees Fahrenheit (150° F) after the final rinse and drying cycle and a 14
36	36	one compartment sink; 15
37	37	(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the 16
38	38	proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not 17
39	39	to interfere with safe food handling; equipment, utensils, and tableware shall be air dried; 18
40	40	(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent, 19
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44	44	corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface; 1
45	45	(iv) Have self-closing doors for bathrooms that open directly into the kitchen; 2
46	46	(v) If farm is on private water supply it must be tested once per year. 3
47	47	(2) The farm home food products are prepared and produced ready for sale under the 4
48	48	following conditions: 5
49	49	(i) Pets are kept out of food preparation and food storage areas at all times; 6
50	50	(ii) Cooking facilities shall not be used for domestic food purposes while farm home food 7
51	51	products are being prepared; 8
52	52	(iii) Garbage is placed and stored in impervious covered receptacles before it is removed 9
53	53	from the kitchen, which removal shall be at least once each day that the kitchen is used for farm 10
54	54	home food manufacture; 11
55	55	(iv) Any laundry facilities which may be in the kitchen shall not be used during farm home 12
56	56	food manufacture; 13
57	57	(v) Recipe(s) for each farm home food product with all the ingredients and quantities listed, 14
58	58	and processing times and procedures, are maintained in the kitchen for review and inspection; 15
59	59	(vi) List ingredients on product; 16
60	60	(vii) Label with farm name, address and telephone number. 17
61	61	(3) Farm home food manufacture shall be limited to the production of nonpotentially 18
62	62	hazardous food and foods that do not require refrigeration, including: 19
63	63	(i) Jams, jellies, preserves and acid foods, such as vinegars, pickles and relish, that are 20
64	64	prepared using fruits, vegetables and/or herbs that have been grown locally; 21
65	65	(ii) Double crust pies that are made with fruit grown locally; 22
66	66	(iii) Yeast breads; 23
67	67	(iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile 24
68	68	radius of the farm; 25
69	69	(v) Candies and fudges; 26
70	70	(vi) Dried herbs and spices. 27
71	71	(4) Each farm home kitchen shall be registered with the department of health and shall 28
72	72	require a notarized affidavit of compliance, in any form that the department may require, from the 29
73	73	owner of the farm that the requirements of this section have been met and the operation of the 30
74	74	kitchen shall be in conformity with the requirements of this section. A certificate of registration 31
75	75	shall be issued by the department upon the payment of a fee as set forth in § 23-1-54 and the 32
76	76	submission of an affidavit of compliance. The certificate of registration shall be valid for one year 33
77	77	after the date of issuance; provided, however, that the certificate may be revoked by the director at 34
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81	81	any time for noncompliance with the requirements of the section. The certificate of registration, 1
82	82	with a copy of the affidavit of compliance, shall be kept in the kitchen where the farm home food 2
83	83	manufacture takes place. The director of health shall have the authority to develop and issue a 3
84	84	standard form for the affidavit of compliance to be used by persons applying for a certificate of 4
85	85	registration; the form shall impose no requirements or certifications beyond those set forth in this 5
86	86	section and § 21-27-1(8). No certificates of registration shall be issued by the department prior to 6
87	87	September 1, 2002. 7
88	88	(5) Income from farm home food manufacture shall not be included in the calculation of 8
89	89	farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to § 9
90	90	44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating or 10
91	91	operating farm home food manufacture be exempt from the sales and use tax as provided for in § 11
92	92	44-18-30(32). 12
93	93	SECTION 2. This act shall take effect upon passage. 13
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100	100	EXPLANATION
101	101	BY THE LEGISLATIVE COUNCIL
102	102	OF
103	103	A N A C T
104	104	RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS
105	105	***
106	106	This act would add pickles and relish to those foods not requiring refrigeration which are 1
107	107	permitted to be manufactured and sold as a farm home food product. 2
108	108	This act would take effect upon passage. 3
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