2012 -- S 2127

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LC00135

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN

RESTAURANTS

     Introduced By: Senators DiPalma, Ottiano, Perry, Tassoni, and Nesselbush

     Date Introduced: January 18, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 20.12

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FOOD ALLERGY AWARENESS IN FOOD-SERVICE ESTABLISHMENTS

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     23-20.12-1. Definitions. – When used in this chapter, the following words shall have the

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following meanings:

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     (1) “Director” means the director of health or his or her duly appointed agents.

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     (2) “Food service establishment” means any fixed or mobile restaurant; coffee shop;

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cafeteria; short-order café; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern;

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bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public

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or nonprofit organization or institution routinely serving food; catering kitchen; commissary or

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similar place in which food or drink is prepared for sale or for service on the premises or

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elsewhere; and any other eating or drinking establishment or operation where food is served or

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provided for the public with or without charge.

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     23-20.12-2. Department of Health – Establishment of Food Allergy Awareness

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Program. – The director of health shall establish a food allergy awareness program which shall

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require that every food-service establishment shall: (1) Have prominently displayed a poster

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approved by the director relative to food allergy awareness in the staff area. The poster shall

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provide, but not be limited to, information regarding the risk of an allergic reaction and shall be

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developed by the department of health in consultation with the Rhode Island hospitality

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association and the food allergy and anaphylaxis-network; (2) Include on all menus a notice to

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customers of the customer’s obligation to inform the server about any food allergies. The director

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shall develop and approve the language of the notice in consultation with the Rhode Island

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hospitality association and the food allergy and anaphylaxis-network; and (3) Designate a

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manager who shall be knowledgeable with regard to the relevant issues concerning food allergies

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as they relate to food preparation. The director shall prepare and provide both written and video

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materials for mandatory review by persons designated as managers of any food-service

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establishment. The department of health shall include knowledge of food allergy issues as part of

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the certification procedure for managers in food safety pursuant to chapter 21-27 of the Rhode

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Island general laws.

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     23-20.12-3. Rules and Regulations. – The director shall adopt rules and regulations

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relating to the administration and enforcement of this chapter.

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     23-20.12-4. “Food Allergy Friendly” designation. – The director shall develop a

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program for food-service establishments to be designated as “Food Allergy Friendly” and shall

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maintain a listing of food-service establishments receiving such designation on the department of

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health’s website. Participation in the program shall be voluntary and the director shall, in

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consultation with the Rhode Island hospitality association and the food allergy and anaphylaxis-

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network, issue guidelines and requirements for food-service establishments to receive such

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designation, provided that such requirements shall include, but not be limited to, maintaining on

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the premises, and making available to the public, a master list of all the ingredients used in the

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preparation of each food item available for consumption.

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     23-20.12-5. Enforcement. – The director of health, or the director’s authorized agents,

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shall enforce the provisions of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC00135

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN

RESTAURANTS

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     This act would establish a food allergy awareness program through the department of

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health which would require compliance by food-service establishments.

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     This act would take effect upon passage.

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LC00135

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