Chapter 414

2012 -- H 7595 SUBSTITUTE A AS AMENDED

Enacted 06/22/12

 

A N A C T

RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN

RESTAURANTS

          

     Introduced By: Representatives Jackson, Martin, and Ruggiero

     Date Introduced: February 16, 2012

    

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

amended by adding thereto the following chapter:

 

CHAPTER 20.12

FOOD ALLERGY AWARENESS IN FOOD-SERVICE ESTABLISHMENTS

 

     23-20.12-1. Definitions. When used in this chapter, the following words shall have the

following meanings:

     (1) “Director” means the director of health or his or her duly appointed agents.

     (2) “Food service establishment” shall have the meaning set forth in Rhode Island general

laws subsection 21-27-1(9).

     (3) "Quick Service Restaurant" means any food service establishment that delivers food

through a drive-thru window.

 

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

Program. 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 (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 21-27 of the Rhode Island general laws.

 

     23-20.12-3. Rules and Regulations. The director shall adopt rules and regulations

relating to the administration and enforcement of this chapter.

 

     23-20.12-4. “Food Allergy Friendly” designation. The director shall develop a

program for food-service establishments to be designated as “Food Allergy Friendly” and shall

maintain a listing of food-service establishments receiving such designation on the department of

health’s website. Participation in the program shall be voluntary and the director shall, in

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

network, issue guidelines and requirements for food-service establishments to receive such

designation, provided that such requirements shall include, but not be limited to, maintaining on

the premises, and making available to the public, a master list of all the ingredients used in the

preparation of each food item available for consumption.

 

     23-20.12-5. Enforcement. The director of health, or the director’s authorized agents,

shall enforce the provisions of this chapter.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01708/SUB A

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