2017 -- H 5675

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LC001692

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO FOOD AND DRUGS - RHODE ISLAND FOOD DRUGS AND COSMETICS

ACT

     Introduced By: Representative Gregg Amore

     Date Introduced: March 01, 2017

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-31-11 of the General Laws in Chapter 21-31 entitled "Rhode

Island Food, Drugs, and Cosmetics Act" is hereby amended to read as follows:

     21-31-11. Misbranded food.

     A food shall be deemed to be misbranded:

     (1) If its labeling is false or misleading in any way.

     (2) If it is offered for sale under the name of another food.

     (3) If it is an imitation of another food for which a definition and standard of identity

have been prescribed by regulations as provided by § 21-31-9; or if it is an imitation of another

food that is not subject to subdivision (7) of this section, unless its label bears in type of uniform

size and prominence, the word, "imitation," and, immediately after it, the name of the food

imitated.

     (4) If its container is made, formed, or filled as to be misleading.

     (5) If in package form, unless it bears a label containing: (i) the name and place of

business of the manufacturer, packer, or distributor; (ii) an accurate statement of the quantity of

the contents in terms of weight, measure, or numerical count; provided, that under paragraph (ii)

of this subdivision reasonable variations shall be permitted, and exemptions as to small packages

shall be established, by regulations prescribed by the director of health.

     (6) If any word, statement, or other information required by or under authority of this

chapter to appear on the label or labeling is not prominently placed on it with such

conspicuousness (as compared with other words, statements, designs, or devices in the labeling)

and in such terms as to render it likely to be read and understood by the ordinary individual under

customary conditions of purchase and use.

     (7) If it purports to be or is represented as a food for which a definition and standard of

identity have been prescribed by regulations as provided by § 21-31-9, unless: (i) it conforms to

the definition and standard, and (ii) its label bears the name of the food specified in the definition

and standard, and, insofar as may be required by the regulations, the common names of optional

ingredients (other than spices, flavoring, and coloring) present in the food.

     (8) If it purports to be or is represented as:

     (i) A food for which a standard of quality has been prescribed by regulations as provided

by § 21-31-9 and its quality falls below that standard unless its label bears, in the manner and

form that the regulations specify, a statement that it falls below the standard; or

     (ii) A food for which a standard or standards of fill of container have been prescribed by

regulation as provided by § 21-31-9 and it falls below the standard of fill of container applicable

to it, unless its label bears, in the manner and form that the regulations specify, a statement that it

falls below the standard.

     (iii) Fresh uncooked meat or meat food product for human consumption which consists

wholly or in part of refrozen meat unless it is clearly labeled as refrozen.

     (9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears

labeling clearly giving: (i) the common or usual name of the food, if any, and (ii) in case it is

fabricated from two (2) or more ingredients, the common or usual name of each ingredient;

except that spices, flavorings, and colorings, other than those sold as such, may be designated as

spices, flavorings, and colorings, without naming each; provided, that to the extent that

compliance with the requirements of paragraph (ii) of this subdivision is impractical or results in

deception or unfair competition, exemptions shall be established by regulations promulgated by

the director of health; provided, that the requirements of paragraph (ii) of this subdivision shall

not apply to any carbonated beverage, the ingredients of which have been fully and correctly

disclosed, to the extent prescribed by paragraph (ii) of this subdivision, to the director of health in

an affidavit.

     (10) If it purports to be or is represented for special dietary uses, unless its label bears the

information concerning its vitamin, mineral, and other dietary properties that the director of

health determines to be, and by regulations prescribes, as necessary in order to fully inform

purchasers as to its value for those uses.

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     (11) If it bears or contains any artificial flavoring, artificial coloring, or chemical

preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance

with the requirements of this subdivision is impracticable, exemptions shall be established by

regulations promulgated by the director of health.

     (12) If it is a product intended as an ingredient of another food and when used according

to the directions of the purveyor will result in the final food product being adulterated or

misbranded.

     (13) If its packaging or labeling is in violation of an applicable regulation issued pursuant

to § 23-24.1-3 or 23-24.1-4 of the Poison Prevention Packaging Act.

     (14) If its labeling fails to disclose the use of reduced oxygen or modified atmosphere

packaging and the date the food was packaged pursuant to §21-31-11.1.

     SECTION 2. Chapter 21-31 of the General Laws entitled "Rhode Island Food, Drugs,

and Cosmetics Act" is hereby amended by adding thereto the following section:

     21-31-11.1. Food labels.

     Food labels and packaging information shall include a statement for any food packaged

in reduced oxygen packaging or modified oxygen packaging, that the food is so packaged,

including a list of the gasses used, including carbon monoxide, carbon dioxide, nitrogen, argon,

helium and oxygen, the percentage of each gas used, and the date the food was packaged, as set

forth in the U.S. Food and Drug Administration FDA Food Code §3-602.11.

     SECTION 3. 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 - RHODE ISLAND FOOD DRUGS AND COSMETICS

ACT

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     This act would require food packaging to disclose that food has been packaged in reduced

or modified oxygen, including a list of the gasses used, the percentage of each gas used, and the

date the food was packaged.

     This act would take effect upon passage.

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