2015 -- S 0477 SUBSTITUTE A

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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: Senators Satchell, Goldin, Sosnowski, Ciccone, and Archambault

     Date Introduced: February 26, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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safety. Establishments who which employ ten (10) or more full-time equivalent employees

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directly involved in food preparation shall be required to employ two (2) managers certified in

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food safety. At least one certified food safety manager shall be on site at all times during which

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the kitchen of the food establishment is open or operating. Establishments who which primarily

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serve the elderly and individuals with diminished immune systems shall have a manager certified

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in food safety present during preparation of all hot potentially hazardous foods.

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

 

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

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

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

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time manager certified in food safety.

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

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

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

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

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

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

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

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

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division.

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     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 the recertification of food service establishments every three (3)

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years, and the presence of at least one food safety manager during the hours of operation of food

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establishments which serve potentially hazardous foods.

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     This act would take effect upon passage.

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