Title 21
Food and Drugs

Chapter 14
Shellfish Packing Houses

R.I. Gen. Laws § 21-14-12

§ 21-14-12. Inspection of business premises — Dockside program established.

(a) The director shall make regular inspections of the business premises of licensees and no person shall interfere with or obstruct the entrance of the director to any packing house or structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary conditions during reasonable business hours, and no person shall obstruct the conduct of this inspection; provided, that inspections as to sanitary conditions shall be made only by the director or employees of the department. These employees of the department shall not be construed to include agents whom the director may appoint in other departments for the purpose of enforcing other provisions of this chapter; and provided, that nothing in this section shall be construed as having granted to the director or any duly authorized official of the department the right of search and seizure without a warrant.

(b) The director shall be authorized to establish a dockside program, including the promulgation of any rules and regulations deemed necessary or advisable in connection therewith, pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model Ordinance. Promulgating rules and regulations pursuant to the NSSP Model Ordinance shall ensure that the marine shellfish processers, licensed by the department to land and process surf clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary fashion that comports with national standards. The rules and regulations shall also be consistent with the landing permit requirements of the department of environmental management in § 20-2.1-7. The dockside program shall not apply to aquaculture processers.

(c) The licensing fees from the dockside program shall be deposited into the general fund. However, the amount of the revenues collected for the dockside program shall be appropriated to the department of health for its administration of this program. The director shall have the authority to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

History of Section.
G.L. 1938, ch. 234, § 8; P.L. 1948, ch. 2039, § 2; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-12; P.L. 2021, ch. 162, art. 7, § 9, effective July 6, 2021; P.L. 2022, ch. 234, art. 2, § 10, effective June 28, 2022.