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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- FOOD ALLERGY AWARENESS IN FOOD

SERVICE ESTABLISHMENTS

     

     Introduced By: Representatives Carson, McEntee, Fogarty, Cortvriend, Craven, and
Caldwell

     Date Introduced: February 03, 2023

     Referred To: House Small Business

     It is enacted by the General Assembly as follows:

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

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

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

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Program.

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

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require that every food-service establishment shall:

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

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

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

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

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one representative from a quick service restaurant;

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

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

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

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

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minimum, the following language: Before placing your order, please inform your server if any

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person in your party has a food allergy. Consumers especially vulnerable to foodborne illnesses

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should eat seafood and other foods of animal origin only if cooked thoroughly. Food allergens can

 

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cause serious illness, anaphylaxis shock and death; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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hundred dollars ($500).

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     SECTION 2. This act shall take effect on January 1, 2024.

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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

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menus relative to food allergens and impose a civil penalty on those establishments that fail to

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include the required warnings on its menus.

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     This act would take effect on January 1, 2024.

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