2020 -- S 2633 | |
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LC005111 | |
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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 | |
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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: | |
1 | SECTION 1. Legislative intent. |
2 | The health and safety of customers, employees, and the public is better protected only when |
3 | certified commercial and licensed commercial pesticide applicators are making pesticide |
4 | applications in and around food service establishments. Requiring professional pest control in food |
5 | service establishments with certified or licensed applicators to protect customers, food, property, |
6 | and public health was removed from the RIDOH Food Code during a rulemaking consolidation in |
7 | 2017-2018, where four (4) regulations were repealed into one set of regulations, and RIDOH |
8 | adopted the 2013 FDA Food Code and 2015 Supplement. In order to improve food safety, |
9 | sanitation, and public health standards -- professional pest control must be a requirement in food |
10 | service establishments. This act aims to restore the professional pest control requirement back into |
11 | law. |
12 | SECTION 2. Chapter 23-25 of the General Laws entitled "Pesticide Control" is hereby |
13 | amended by adding thereto the following section: |
14 | 23-25-40. Pest control in food service establishments. |
15 | (a) Pest control in food service establishments. |
16 | (1) Any food service establishment pursuant to § 21-27-1(9) must contract with a licensed |
17 | and registered pest control business with employees that are commercial certified or licensed |
18 | pesticide applicators, who are responsible for the application of all pest and rodent control |
19 | materials. A contract with a licensed and registered pest control business shall be on file and |
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1 | available through hard copy or electronic means. The contract must include a service frequency of |
2 | at least once per month. No pesticides or rodenticides may be administered by employees of a food |
3 | service establishment, unless employees of the food service establishment are certified commercial |
4 | or licensed commercial applicators pursuant to §§ 23-25-12 or 23-25-13. |
5 | (b) Tracking powders, pest control and monitoring. |
6 | (1) Except as specified in subsection (b) of this section, a tracking powder pesticide may |
7 | not be used in a food service establishment; |
8 | (2) A nontoxic tracking powder such as talcum or flour can be used, but must not |
9 | contaminate food, equipment, utensils, linens, and single-service and single-use articles. |
10 | (c) Pesticides shall be applied according to: |
11 | (1) Any applicable federal law, rule or regulation, the provisions of this chapter, and any |
12 | rule or regulation promulgated by the department of health; |
13 | (2) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's |
14 | label instructions that state that use is allowed in a food service establishment, food establishment |
15 | or applicable scenario; |
16 | (3) The conditions of certification, if certification is required, for use of the pest control |
17 | materials; and |
18 | (4) Additional conditions that may be established by the director of environmental |
19 | management applied so that: |
20 | (i) A hazard to employees or other persons is not constituted; and |
21 | (ii) Contamination including toxic residues due to drip, drain, fog, splash or spray on food, |
22 | equipment, utensils, linens, and single-service and single-use articles is prevented, and for a |
23 | restricted use pesticide, this is achieved by: |
24 | (A) Removing the items; |
25 | (B) Covering the items with impermeable covers; or |
26 | (C) Taking other appropriate preventive actions; and |
27 | (D) Cleaning and sanitizing equipment and utensils after the application. |
28 | (d) A restricted use pesticide shall be applied only by an applicator certified as defined in |
29 | § 7 U.S.C. 136 of the Federal Insecticide, Fungicide and Rodenticide Act, § 23-25-13, or a person |
30 | under the direct supervision of a certified commercial applicator. |
31 | (e) The provisions of § 23-25-40 shall not apply to: |
32 | (1) Special events sponsored by city or town or nonprofit civic organizations such as, but |
33 | not limited to, school sporting events, firefighter's picnics, little league food booths, grange and |
34 | church suppers, and fairs; |
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1 | (2) Temporary food services which have a frequency of less than six (6) events a year such |
2 | as bazaars, bake sales, and suppers. Individuals responsible for temporary food operations |
3 | preparing potentially hazardous foods shall be required to register with the division, obtain food |
4 | safety informational brochures, and distribute these materials to the individuals engaged in food |
5 | preparation for the event; |
6 | (3) Itinerant vendors and other food establishments that serve only commercially pre- |
7 | packaged foods, beverages, and commercially precooked potentially hazardous foods requiring no |
8 | manual handling of the food product such as frankfurters; |
9 | (4) Retail food stores and delicatessens where only cold foods are prepared; |
10 | (5) Private homes, and bed and breakfast establishments; |
11 | (6) Any private or public housing complex designated by the federal government as |
12 | housing for the elderly located in this state, in connection with limited, not-for-profit sales of food |
13 | to residents of the complex; |
14 | (7) Private clubs which do not charge the general public for the sale of food or beverages |
15 | which serve less than twenty (20) at any one time, and serve less than one hundred (100) meals per |
16 | month. |
17 | 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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1 | This act would require that any food service establishment must contract with a licensed |
2 | and registered pest control business with employees that are commercially certified or licensed |
3 | pesticide applicators. It establishes a filing requirement which provides that the contract shall be |
4 | on file and available through hard copy or electronic means. |
5 | This act would take effect upon passage. |
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