2022 -- H 7399

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LC004290

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY – FOOD ALLERGY AWARENESS IN FOOD

SERVICE ESTABLISHMENTS

     Introduced By: Representative Lauren H. Carson

     Date Introduced: February 09, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-20.12-2 of the General Laws in Chapter 23-20.12 entitled "Food

Allergy Awareness in Food-Service Establishments" is hereby amended to read as follows:

     23-20.12-2. Department of Health -- Establishment of Food Allergy Awareness

Program.

     (a) The director of health shall establish a food allergy awareness program which shall

require that every food-service establishment shall:

     (1) Have prominently displayed a poster approved by the director relative to food allergy

awareness in the staff area. The poster shall provide, but not be limited to, information regarding

the risk of an allergic reaction and shall be developed by the department of health in consultation

with the Rhode Island hospitality association, the food allergy and anaphylaxis-network and at least

one representative from a quick service restaurant;

     (2) Include on all menus a notice to customers of the customer's obligation to inform the

server about any food allergies. The director shall develop and approve the language of the notice

in consultation with the Rhode Island hospitality association, the food allergy and anaphylaxis-

network and at least one representative from a quick service restaurant; and shall include, at a

minimum, the following language in bold red print: Before placing your order, please inform your

server if any person in your party has a food allergy. Consumers especially vulnerable to foodborne

illnesses should only eat seafood and other foods of animal origin, cooked thoroughly. Food

allergens can cause serious illness, anaphylaxis shock and death; and

     (3) Designate a manager who shall be knowledgeable with regard to the relevant issues

concerning food allergies as they relate to food preparation. The director shall prepare and provide

both written and video materials for mandatory review by persons designated as managers of any

food-service establishment, or the persons designated as managers shall be certified by a food

protection manager certification program that is evaluated and listed by a conference for food

protection-recognized accrediting agency as conforming to the conference for food protection

standards for accreditation of food protection manager certification programs. The department of

health shall include knowledge of food allergy issues as part of the certification procedure for

managers in food safety pursuant to chapter 27 of title 21.

     (b) The department of health shall provide for a system to digitally inspect or conduct in

person inspections of every menu at every restaurant licensed to operate in the State of Rhode Island

to ensure that each establishment is in compliance with the provisions of this section.

     (c) Any restaurant that fails to comply with the menu warning as provided in this section

shall, for a first offense receive a written warning and for any subsequent offense, fined up to five

hundred dollars ($500).

     SECTION 2. This act shall take effect on January 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY – FOOD ALLERGY AWARENESS IN FOOD

SERVICE ESTABLISHMENTS

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     This act would require food service establishments to add an additional warning to their

menus relative to food allergens and impose a penalty upon those establishments for failure to

include the warnings on its menus. Those restaurants that fail to comply shall be fined a civil

penalty.

     This act would take effect on January 1, 2023.

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