2015 -- H 5577

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LC001441

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FOOD AND DRUGS

     Introduced By: Representative Joseph M. McNamara

     Date Introduced: February 25, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-27-11.5 and 21-27-11.6 of the General Laws in Chapter 21-27

entitled "Sanitation in Food Establishments" are hereby amended to read as follows:

     21-27-11.5. Recertification -- Renewal. -- Every holder of a certificate issued pursuant

to these sections shall triennially, every three (3) years, present evidence to the division of

continued eligibility as established by regulations. All certificates issued pursuant to these

sections shall expire triennially after three (3) years on a date as established in the rules and

regulations unless sooner suspended or revoked. Application for certification renewal shall be

made as described in the rules and regulations. A triennial renewal fee shall be required upon the

expiration of each three (3) year term. Managers of municipal or state food establishments shall

be exempt from payment of the fee set forth in this section.

     21-27-11.6. Requirements of food establishments. -- (a) Food establishments which

prepare potentially hazardous foods shall employ at least one fulltime manager certified in food

safety. A certified food safety manager shall be on site at all times during which the kitchen of the

food establishment is open or operating. Establishments who which employ ten (10) or more full-

time equivalent employees directly involved in food preparation shall be required to employ two

(2) managers certified in food safety. In said establishments, at least two (2) certified food safety

manages shall be on site at all times during which the kitchen of the food establishment is open or

operating. Establishments who which primarily serve the elderly and individuals with diminished

immune systems shall have a manager certified in food safety present during preparation of all

hot potentially hazardous foods.

      (b) Notwithstanding subsection (a) of this section, assisted living residences, licensed by

the director of health pursuant to chapter 17.4 of title 23, which have a licensed capacity of

twenty-five (25) or fewer residents and which employ five (5) or fewer full-time equivalent

employees involved in preparation and serving of food, shall only be required to employ one full-

time manager certified in food safety.

      (c) Once a manager certified in food safety terminates employment, establishments shall

have sixty (60) days to employ a new manager certified in food safety, or have an individual

enrolled in a division approved food manager certification program in food safety.

      (d) Notwithstanding subsection (a) of this section, assisted living residences, licensed by

the director of health pursuant to chapter 17.4 of title 23, which have a licensed capacity of

twenty-five (25) or fewer residents and which employ five (5) or fewer full-time equivalent

employees involved in preparation and serving of food, shall only have fifteen (15) days to

employ a new manager certified in food safety. However said time period may be extended by the

division.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS

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     This act would require recertification of food service establishments every three (3) years

and the presence of food safety managers during operation in food establishments which serve

potentially hazardous foods.

     This act would take effect upon passage.

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