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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- FOOD ALLERGY AWARENESS IN FOOD |
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| 16 | 16 | | SERVICE ESTABLISHMENTS |
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| 17 | 17 | | Introduced By: Representatives Carson, McEntee, Fogarty, Cortvriend, Craven, and |
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| 18 | 18 | | Caldwell |
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| 19 | 19 | | Date Introduced: February 03, 2023 |
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| 20 | 20 | | Referred To: House Small Business |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 23-20.12-2 of the General Laws in Chapter 23-20.12 entitled "Food 1 |
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| 25 | 25 | | Allergy Awareness in Food-Service Establishments" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 23-20.12-2. Department of Health — Establishment of Food Allergy Awareness 3 |
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| 27 | 27 | | Program. 4 |
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| 28 | 28 | | (a) The director of health shall establish a food allergy awareness program which shall 5 |
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| 29 | 29 | | require that every food-service establishment shall: 6 |
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| 30 | 30 | | (1) Have prominently displayed a poster approved by the director relative to food allergy 7 |
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| 31 | 31 | | awareness in the staff area. The poster shall provide, but not be limited to, information regarding 8 |
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| 32 | 32 | | the risk of an allergic reaction and shall be developed by the department of health in consultation 9 |
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| 33 | 33 | | with the Rhode Island hospitality association, the food allergy and anaphylaxis-network and at least 10 |
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| 34 | 34 | | one representative from a quick service restaurant; 11 |
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| 35 | 35 | | (2) Include on all menus a notice to customers of the customer’s obligation to inform the 12 |
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| 36 | 36 | | server about any food allergies. The director shall develop and approve the language of the notice 13 |
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| 37 | 37 | | in consultation with the Rhode Island hospitality association, the food allergy and anaphylaxis-14 |
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| 38 | 38 | | network and at least one representative from a quick service restaurant; and shall include, at a 15 |
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| 39 | | - | minimum, the following language: Before placing your order, please inform your server if any 16 |
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| 40 | | - | person in your party has a food allergy. Consumers especially vulnerable to foodborne illnesses 17 |
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| 41 | | - | should eat seafood and other foods of animal origin only if cooked thoroughly. Food allergens can 18 |
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| 39 | + | minimum, the following language in bold red print: Before placing your order, please inform your 16 |
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| 40 | + | server if any person in your party has a food allergy. Consumers especially vulnerable to foodborne 17 |
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| 41 | + | illnesses should eat seafood and other foods of animal origin only if cooked thoroughly. Food 18 |
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| 46 | 46 | | (3) Designate a manager who shall be knowledgeable with regard to the relevant issues 2 |
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| 47 | 47 | | concerning food allergies as they relate to food preparation. The director shall prepare and provide 3 |
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| 48 | 48 | | both written and video materials for mandatory review by persons designated as managers of any 4 |
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| 49 | 49 | | food-service establishment, or the persons designated as managers shall be certified by a food 5 |
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| 50 | 50 | | protection manager certification program that is evaluated and listed by a conference for food 6 |
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| 51 | 51 | | protection-recognized accrediting agency as conforming to the conference for food protection 7 |
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| 52 | 52 | | standards for accreditation of food protection manager certification programs. The department of 8 |
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| 53 | 53 | | health shall include knowledge of food allergy issues as part of the certification procedure for 9 |
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| 54 | 54 | | managers in food safety pursuant to chapter 27 of title 21. 10 |
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| 55 | 55 | | (b) The department of health shall provide for a system to digitally inspect or conduct in 11 |
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| 56 | 56 | | person inspections of every menu at every restaurant licensed to operate in the State of Rhode Island 12 |
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| 57 | 57 | | to ensure that each establishment is in compliance with the provisions of this section. 13 |
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| 58 | 58 | | (c) Any restaurant that fails to comply with the menu warning as provided in this section 14 |
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| 59 | 59 | | shall, for a first offense receive a written warning and for any subsequent offense, fined up to five 15 |
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| 60 | 60 | | hundred dollars ($500). 16 |
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| 61 | 61 | | SECTION 2. This act shall take effect on January 1, 2024. 17 |
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| 62 | 62 | | ======== |
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