2020 -- S 2633

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL

     

     Introduced By: Senators Paolino, and Goodwin

     Date Introduced: February 27, 2020

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Legislative intent.

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     The health and safety of customers, employees, and the public is better protected only when

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certified commercial and licensed commercial pesticide applicators are making pesticide

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applications in and around food service establishments. Requiring professional pest control in food

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service establishments with certified or licensed applicators to protect customers, food, property,

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and public health was removed from the RIDOH Food Code during a rulemaking consolidation in

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2017-2018, where four (4) regulations were repealed into one set of regulations, and RIDOH

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adopted the 2013 FDA Food Code and 2015 Supplement. In order to improve food safety,

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sanitation, and public health standards -- professional pest control must be a requirement in food

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service establishments. This act aims to restore the professional pest control requirement back into

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law.

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     SECTION 2. Chapter 23-25 of the General Laws entitled "Pesticide Control" is hereby

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amended by adding thereto the following section:

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     23-25-40. Pest control in food service establishments.

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     (a) Pest control in food service establishments.

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     (1) Any food service establishment pursuant to § 21-27-1(9) must contract with a licensed

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and registered pest control business with employees that are commercial certified or licensed

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pesticide applicators, who are responsible for the application of all pest and rodent control

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materials. A contract with a licensed and registered pest control business shall be on file and

 

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available through hard copy or electronic means. The contract must include a service frequency of

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at least once per month. No pesticides or rodenticides may be administered by employees of a food

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service establishment, unless employees of the food service establishment are certified commercial

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or licensed commercial applicators pursuant to §§ 23-25-12 or 23-25-13.

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     (b) Tracking powders, pest control and monitoring.

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     (1) Except as specified in subsection (b) of this section, a tracking powder pesticide may

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not be used in a food service establishment;

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     (2) A nontoxic tracking powder such as talcum or flour can be used, but must not

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contaminate food, equipment, utensils, linens, and single-service and single-use articles.

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     (c) Pesticides shall be applied according to:

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     (1) Any applicable federal law, rule or regulation, the provisions of this chapter, and any

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rule or regulation promulgated by the department of health;

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     (2) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's

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label instructions that state that use is allowed in a food service establishment, food establishment

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or applicable scenario;

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     (3) The conditions of certification, if certification is required, for use of the pest control

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materials; and

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     (4) Additional conditions that may be established by the director of environmental

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management applied so that:

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     (i) A hazard to employees or other persons is not constituted; and

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     (ii) Contamination including toxic residues due to drip, drain, fog, splash or spray on food,

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equipment, utensils, linens, and single-service and single-use articles is prevented, and for a

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restricted use pesticide, this is achieved by:

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     (A) Removing the items;

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     (B) Covering the items with impermeable covers; or

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     (C) Taking other appropriate preventive actions; and

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     (D) Cleaning and sanitizing equipment and utensils after the application.

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     (d) A restricted use pesticide shall be applied only by an applicator certified as defined in

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§ 7 U.S.C. 136 of the Federal Insecticide, Fungicide and Rodenticide Act, § 23-25-13, or a person

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under the direct supervision of a certified commercial applicator.

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     (e) The provisions of § 23-25-40 shall not apply to:

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     (1) Special events sponsored by city or town or nonprofit civic organizations such as, but

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not limited to, school sporting events, firefighter's picnics, little league food booths, grange and

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church suppers, and fairs;

 

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     (2) Temporary food services which have a frequency of less than six (6) events a year such

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as bazaars, bake sales, and suppers. Individuals responsible for temporary food operations

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preparing potentially hazardous foods shall be required to register with the division, obtain food

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safety informational brochures, and distribute these materials to the individuals engaged in food

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preparation for the event;

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     (3) Itinerant vendors and other food establishments that serve only commercially pre-

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packaged foods, beverages, and commercially precooked potentially hazardous foods requiring no

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manual handling of the food product such as frankfurters;

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     (4) Retail food stores and delicatessens where only cold foods are prepared;

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     (5) Private homes, and bed and breakfast establishments;

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     (6) Any private or public housing complex designated by the federal government as

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housing for the elderly located in this state, in connection with limited, not-for-profit sales of food

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to residents of the complex;

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     (7) Private clubs which do not charge the general public for the sale of food or beverages

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which serve less than twenty (20) at any one time, and serve less than one hundred (100) meals per

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month.

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     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 HEALTH AND SAFETY -- PESTICIDE CONTROL

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     This act would require that any food service establishment must contract with a licensed

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and registered pest control business with employees that are commercially certified or licensed

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pesticide applicators. It establishes a filing requirement which provides that the contract shall be

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on file and available through hard copy or electronic means.

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     This act would take effect upon passage.

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