Rhode Island 2025 Regular Session

Rhode Island House Bill H5942 Compare Versions

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55 2025 -- H 5942
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS
1616 Introduced By: Representatives McNamara, Serpa, Ackerman, Shanley, Read, Solomon,
1717 and Costantino
1818 Date Introduced: February 28, 2025
1919 Referred To: House Labor
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation 1
2424 in Food Establishments" is hereby amended to read as follows: 2
2525 21-27-10. Registration of food businesses. 3
2626 (a) No person shall operate a food business as defined in § 21-27-1 unless he or she 4
2727 annually registers the business with the state director of health; provided, that food businesses 5
2828 conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farm 6
2929 stands, or any municipality shall be exempt from payment of any required fee. Additionally, no 7
3030 license fee shall be required for an establishment that: 8
3131 (1) Holds a Class C liquor license pursuant to § 3-7-8; and 9
3232 (2) Complies with the license limits set forth in § 3-7-8(b). 10
3333 (b) In order to set the registration renewal dates so that all activities for each establishment 11
3434 can be combined on one registration instead of on several registrations, the registration renewal 12
3535 date shall be set by the department of health. The registration period shall be for twelve (12) months 13
3636 commencing on the registration renewal date. Any renewal registration fee shall be at the full, 14
3737 annual rate regardless of the date of renewal. Any fee for a first-time application shall have the 15
3838 registration fee pro-rated based upon the date of issuance of registration. If the registration renewal 16
3939 date is changed, the department may make an adjustment to the fees of registered establishments, 17
4040 not to exceed the annual registration fee, in order to implement the changes in registration renewal 18
4141 date. Registrations issued under this chapter may be suspended or revoked for cause. Any 19
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4545 registration or license shall be posted in a place accessible and prominently visible to an agent of 1
4646 the director. 2
4747 (c) Registration with the director of health shall be based upon satisfactory compliance 3
4848 with all laws and regulations of the director applicable to the food business for which registration 4
4949 is required. 5
5050 (d) The director of health is authorized to adopt regulations necessary for the 6
5151 implementation of this chapter. 7
5252 (e) Classification for registration shall be as follows: 8
5353 (1) In-state and out-of-state food processors that sell food in Rhode Island (Wholesale) 9
5454 (2) Food processors (Retail) 10
5555 (3) Food service establishments: 11
5656 (i) 50 seats or less 12
5757 (ii) More than 50 seats 13
5858 (iii) Mobile food service units 14
5959 (iv) Industrial caterer or food vending machine commissary 15
6060 (v) Cultural heritage educational facility 16
6161 (4) Vending machine sites or location: 17
6262 (i) Three (3) or less machines 18
6363 (ii) Four (4) to ten (10) machines 19
6464 (iii) Eleven (11) or more machines 20
6565 (5) Retail markets: 21
6666 (i) 1 to 2 cash registers 22
6767 (ii) 3 to 5 cash registers 23
6868 (iii) 6 or more cash registers 24
6969 (6) Retail food peddler (meat, seafood, dairy, and frozen dessert products) 25
7070 (7) Food warehouses 26
7171 (f) In no instance, where an individual food business has more than one activity eligible 27
7272 under this chapter for state registration within a single location, shall the business be required to 28
7373 pay more than a single fee for the one highest classified activity listed in subsection (e) of this 29
7474 section; provided, that, where several separate but identically classified activities are located within 30
7575 the same building and under the management and jurisdiction of one person, one fee shall be 31
7676 required. In each of the instances in this subsection, each activity shall be separately registered. 32
7777 (g) Fees for registration of the above classifications shall be as set forth in § 23-1-54. 33
7878 (h) The department shall also annually charge food service establishments an additional 34
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8282 fee of fifty dollars ($50.00) per year, which shall be transferred to the department of labor and 1
8383 training and shall be deposited into the hospitality training restricted receipt account, which shall 2
8484 be exempt from the indirect cost recovery provisions of § 35-4-27. Subject to appropriation by the 3
8585 general assembly, these funds shall be used to provide hospitality industry workforce training 4
8686 grants including, but not limited to, certified food and alcohol safety training programs offered in 5
8787 multiple languages. 6
8888 SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" 7
8989 is hereby amended to read as follows: 8
9090 35-4-27. Indirect cost recoveries on restricted receipt accounts. [Effective January 1, 9
9191 2025.] 10
9292 Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all 11
9393 restricted receipt accounts, to be recorded as general revenues in the general fund. However, there 12
9494 shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions 13
9595 from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on 14
9696 federal grant funds; or (3) Through transfers from state agencies to the department of administration 15
9797 for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, 16
9898 unless prohibited by federal law or regulation, court order, or court settlement. The following 17
9999 restricted receipt accounts shall not be subject to the provisions of this section: 18
100100 Executive Office of Health and Human Services 19
101101 Organ Transplant Fund 20
102102 HIV Care Grant Drug Rebates 21
103103 Health System Transformation Project 22
104104 Rhode Island Statewide Opioid Abatement Account 23
105105 HCBS Support-ARPA 24
106106 HCBS Admin Support-ARPA 25
107107 Department of Human Services 26
108108 Veterans’ home — Restricted account 27
109109 Veterans’ home — Resident benefits 28
110110 Pharmaceutical Rebates Account 29
111111 Demand Side Management Grants 30
112112 Veteran’s Cemetery Memorial Fund 31
113113 Donations — New Veterans’ Home Construction 32
114114 Commodity Supplemental Food Program-Claims 33
115115 Department of Health 34
116116
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119119 Pandemic medications and equipment account 1
120120 Miscellaneous Donations/Grants from Non-Profits 2
121121 State Loan Repayment Match 3
122122 Healthcare Information Technology 4
123123 Department of Behavioral Healthcare, Developmental Disabilities and Hospitals 5
124124 Eleanor Slater non-Medicaid third-party payor account 6
125125 Hospital Medicare Part D Receipts 7
126126 RICLAS Group Home Operations 8
127127 Group Home Facility Improvement Fund 9
128128 Commission on the Deaf and Hard of Hearing 10
129129 Emergency and public communication access account 11
130130 Department of Environmental Management 12
131131 National heritage revolving fund 13
132132 Environmental response fund II 14
133133 Underground storage tanks registration fees 15
134134 De Coppet Estate Fund 16
135135 Rhode Island Historical Preservation and Heritage Commission 17
136136 Historic preservation revolving loan fund 18
137137 Historic Preservation loan fund — Interest revenue 19
138138 Department of Public Safety 20
139139 E-911 Uniform Emergency Telephone System 21
140140 Forfeited property — Retained 22
141141 Forfeitures — Federal 23
142142 Forfeited property — Gambling 24
143143 Donation — Polygraph and Law Enforcement Training 25
144144 Rhode Island State Firefighter’s League Training Account 26
145145 Fire Academy Training Fees Account 27
146146 Attorney General 28
147147 Forfeiture of property 29
148148 Federal forfeitures 30
149149 Attorney General multi-state account 31
150150 Forfeited property — Gambling 32
151151 Department of Administration 33
152152 OER Reconciliation Funding 34
153153
154154
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156156 Health Insurance Market Integrity Fund 1
157157 RI Health Benefits Exchange 2
158158 Information Technology restricted receipt account 3
159159 Restore and replacement — Insurance coverage 4
160160 Convention Center Authority rental payments 5
161161 Investment Receipts — TANS 6
162162 OPEB System Restricted Receipt Account 7
163163 Car Rental Tax/Surcharge-Warwick Share 8
164164 Grants Management Administration 9
165165 RGGI-Executive Climate Change Coordinating Council Projects 10
166166 Electric Vehicle Charging Stations Operating and Maintenance Account 11
167167 Department of Housing 12
168168 Housing Resources and Homelessness Restricted Receipt Account 13
169169 Housing Production Fund 14
170170 Low-Income Housing Tax Credit Fund 15
171171 Department of Revenue 16
172172 DMV Modernization Project 17
173173 Jobs Tax Credit Redemption Fund 18
174174 Legislature 19
175175 Audit of federal assisted programs 20
176176 Department of Children, Youth and Families 21
177177 Children’s Trust Accounts — SSI 22
178178 Military Staff 23
179179 RI Military Family Relief Fund 24
180180 RI National Guard Counterdrug Program 25
181181 Treasury 26
182182 Admin. Expenses — State Retirement System 27
183183 Retirement — Treasury Investment Options 28
184184 Defined Contribution — Administration - RR 29
185185 Violent Crimes Compensation — Refunds 30
186186 Treasury Research Fellowship 31
187187 Business Regulation 32
188188 Banking Division Reimbursement Account 33
189189 Office of the Health Insurance Commissioner Reimbursement Account 34
190190
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193193 Securities Division Reimbursement Account 1
194194 Commercial Licensing and Racing and Athletics Division Reimbursement Account 2
195195 Insurance Division Reimbursement Account 3
196196 Historic Preservation Tax Credit Account 4
197197 Marijuana Trust Fund 5
198198 Social Equity Assistance Fund 6
199199 Judiciary 7
200200 Arbitration Fund Restricted Receipt Account 8
201201 Third-Party Grants 9
202202 RI Judiciary Technology Surcharge Account 10
203203 Department of Elementary and Secondary Education 11
204204 Statewide Student Transportation Services Account 12
205205 School for the Deaf Fee-for-Service Account 13
206206 School for the Deaf — School Breakfast and Lunch Program 14
207207 Davies Career and Technical School Local Education Aid Account 15
208208 Davies — National School Breakfast & Lunch Program 16
209209 School Construction Services 17
210210 Office of the Postsecondary Commissioner 18
211211 Higher Education and Industry Center 19
212212 IGT STEM Scholarships 20
213213 Department of Labor and Training 21
214214 Job Development Fund 22
215215 Contractor Training Restricted Receipt Account 23
216216 Hospitality Training Restricted Receipt Account 24
217217 Rhode Island Council on the Arts 25
218218 Governors’ Portrait Donation Fund 26
219219 Statewide records management system account 27
220220 SECTION 3. This act shall take effect on January 1, 2026. 28
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227227 EXPLANATION
228228 BY THE LEGISLATIVE COUNCIL
229229 OF
230230 A N A C T
231231 RELATING TO FOOD AND DRUGS -- SANITATION IN FOOD ESTABLISHMENTS
232232 ***
233233 This act would establish a restricted receipt account at the department of labor and training 1
234234 (“DLT”) to be used for hospitality industry workforce training grants, including certified food and 2
235235 alcohol safety training programs offered in multiple languages, funded by an annual fee of fifty 3
236236 ($50.00) dollars charged by the department of health (“DOH”) to food service establishments. 4
237237 This act would take effect on January 1, 2026. 5
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