R.I. Gen. Laws § 21-9-11 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-11
§ 21-9-11. Inspection and preservation of records, reports, and invoices.
Status: in_force

The records, reports, and invoices required by this chapter shall be written in legible English. The original records required by § 21-9-7 and a legible copy of the reports required by § 21-9-9 shall be preserved and kept at the frozen dessert plant to which they apply for a period of one year from the date of the last entry on them. All records, reports, and invoices shall be open at all reasonable hours for inspection by the director of health and/or by the directors authorized agents.
R.I. Gen. Laws § 21-17-11 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-11
§ 21-17-11. Cold storage eggs defined.
Status: in_force

Cold storage eggs as used in this chapter means eggs that have been artificially cooled for thirty (30) days or more at or below a temperature of forty degrees Fahrenheit (40 degrees F.), and no other eggs shall be sold as cold storage eggs.
R.I. Gen. Laws § 21-19-9 — RI Code / Title 21 / Chapter 21-19 / Section 21-19-9
§ 21-19-9. Penalties for violations.
Status: in_force

Any person, firm, or corporation, which by itself or its agents or employees, violates any provisions of this chapter, or any regulation made under this chapter, or fails to comply with any of the requirements of this chapter or knowingly misrepresents the grade of any potatoes, shall be fined not more than fifty dollars ($50.00) nor less than twenty-five dollars ($25.00) for the first offense and not more than two hundred dollars ($200) nor less than fifty dollars ($50.00) for each subsequent offense.
R.I. Gen. Laws § 21-2-2 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-2
§ 21-2-2. Declaration of policy.
Status: in_force

Milk is recognized to be one of the most perfect foods afforded by nature. It is unique in that its consumption in adequate quantities is essential to the nutritional well-being of the individual; but if its production and distribution are not properly safeguarded, it may be instrumental in the transmission of diseases infectious to people. It is declared to be the policy of the state that, for the protection of the health and welfare of the people of the state of Rhode Island, the environmental conditions surrounding the production, handling, transportation, distribution, and sale of milk and milk products shall be to protect the public health and to provide consumers with products that are identified in such a way as to promote honesty and fair dealing in the best interests of the consumers. Specifically, it is declared to be the policy of the state to provide:

(1) That the people of Rhode Island shall have a supply of milk adequate to their needs and demands under all conditions.

(2) That milk provided for consumers within the state of Rhode Island shall be of good quality; shall be safe for human consumption; shall contain no live bacteria capable of transmitting disease to people; shall contain adequate nutritional components; and shall be free of adulteration.

(3) That milk sold or produced in Rhode Island shall come from healthy cows or goats.

(4) That milk sold or produced in Rhode Island shall be produced on farms having standards and conditions of sanitation adequate to ensure production of milk that is safe and of good quality.

(5) That milk sold or produced in Rhode Island shall be produced, processed, and handled by personnel free from any communicable disease.

(6) That milk to be consumed in the state of Rhode Island shall, at all stages in its travel from animal to ultimate consumer, be transported in equipment and/or packages that shall be designed, filled, operated, maintained, and emptied to prevent the introduction and/or propagation of bacteria, dirt, or any other foreign substances.

(7) That all milk sold in Rhode Island shall be handled and processed under conditions of good sanitation and shall be finally packaged free from contamination, dirt, or any other foreign substances and/or adulteration.

(8) That all milk sold within the state of Rhode Island shall be, except as specifically authorized by this chapter, pasteurized by a recognized method of pasteurizing adequate to destroy bacteria capable of transmitting disease to people. Provided, that a physician may authorize an individual sale of goat milk directly from producer to consumer by written, signed prescription.

(9) That the branding or labeling of packages in which all milk sold in the state of Rhode Island shall be delivered to the consumer shall state the grade of milk packaged; may state any special attributes of the milk; and that all statements made on any packaging labels shall not be false or misleading.

(10) That this state shall cooperate in the preparation and promulgation of any set of standards, regulations, statutes, or other means of control of sanitation in the production, transportation, handling, processing, and distribution of milk, or any one or more of them, according to a uniform system of requirements to be adopted alike by all or a majority of the states that contribute milk to the Rhode Island market.
R.I. Gen. Laws § 21-9-13 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-13
§ 21-9-13. Regulations.
Status: in_force

(a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the director of health, and he or she is authorized to promulgate, among others, regulations, definitions, and standards which are not inconsistent with the provisions of this chapter to govern the manufacture, labeling, transportation, advertising, and sale of frozen desserts and frozen dessert mixes, and the employee health standards and the sanitary conditions of the buildings, grounds, equipment, containers, and vehicles where those products are handled, manufactured, transported, sold, and/or stored.

(b) Whenever the action will promote honesty and fair dealing in the interest of consumers, the director of health shall promulgate regulations fixing and establishing for frozen desserts and frozen dessert mixes definitions and standards of identity and quality and reasonable standards of fill of containers. In prescribing a definition and standard of identity for frozen desserts and frozen dessert mixes in which optional ingredients are permitted, the director of health shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.

(c) The definitions and standards promulgated under the provisions of this chapter shall conform as far as practicable to the definitions and standards promulgated under the authority of 21 U.S.C. § 341.

(d) Hearings authorized or required by this chapter shall be conducted by the director of health or any officer, agent, or employee that the director of health may designate for the purpose.

(e) The adoption of regulations shall be in accordance with chapter 35 of title 42.
R.I. Gen. Laws § 21-2-1 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-1
§ 21-2-1. Short title.
Status: in_force

This chapter shall be known as The Rhode Island Milk Sanitation Code.
R.I. Gen. Laws § 21-15-8 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-8
§ 21-15-8. Number one mackerel.
Status: in_force

Mackerel of the best quality, not mutilated, being not less than thirteen inches (13"), measured as provided in § 21-15-7, free from rust, taint, or damage, that shall count not more than two hundred (200) fish to the barrel, shall be branded Number one.
R.I. Gen. Laws § 21-36-3 — RI Code / Title 21 / Chapter 21-36 / Section 21-36-3
§ 21-36-3. Council composition.
Status: in_force

There shall be an inter-agency food and nutrition policy advisory council which shall consist of nine (9) members: the director of health, or the directors designee; the director of environmental management, or the directors designee; the director of administration, or the directors designee; the director of the department of human services, or the directors designee; the director of the office of healthy aging, or the directors designee; the director of the department of corrections, or the directors designee; the secretary of commerce, or the secretarys designee; the director of the department of children, youth and families, or the directors designee; and the commissioner of elementary and secondary education, or the commissioners designee. The members of the commission shall elect a chairperson from among themselves.
R.I. Gen. Laws § 21-15-17 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-17
§ 21-15-17. Packers fees.
Status: in_force

The packers of fish shall be paid for opening, assorting, inspecting, weighing, pickling, packing, or repacking, heading up, nailing, and giving a certificate, if pickled codfish or mackerel, twenty cents ($0.20) for every barrel and fifteen cents ($0.15) for every half barrel by the owner of the fish; provided, that for all pickled codfish or mackerel which have been inspected in one of the United States and which shall not in the judgment of the packer require repacking, the owner shall only pay to the packer twenty cents ($0.20) for unheading, inspecting, reheading, branding, nailing, and giving a certificate of the work, and for all other, except codfish and mackerel, the owner of the fish shall pay the packer twenty-five cents ($0.25) for every cask.
R.I. Gen. Laws § 21-5-6 — RI Code / Title 21 / Chapter 21-5 / Section 21-5-6
§ 21-5-6. Certification of testing machine operators  Fees.
Status: in_force

It shall be unlawful for any person within the state of Rhode Island to manipulate the Babcock or other centrifugal machine to determine the composition of milk, cream, or any milk product for purposes of inspecting milk or milk products without first obtaining a certificate from the director that he or she is competent to do that work. The fee for certification shall be five dollars ($5.00), and shall be paid to the director for the use of the state. If a holder of a certificate is notified by the director to correct his or her use of the centrifugal machine, the actual cost of an inspection to ascertain if that person has corrected his or her use of the machine shall be paid by the person or by his or her employer to the director for the use of the state.
R.I. Gen. Laws § 21-15-6 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-6
§ 21-15-6. Branding of codfish casks as to quality.
Status: in_force

Every cask of pickled codfish offered for sale or for exportation from the state shall also be branded No. 1, or No. 2, or No. 3, to denote the quality of the fish.
R.I. Gen. Laws § 21-2-56 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-56
§ 21-2-56. Taking of samples in investigation of violations.
Status: in_force

No person, firm, or corporation, nor the employee of any person, firm, or corporation, shall be liable to prosecution under the provisions of this chapter if the prosecution is based upon samples of milk, unless samples of milk or cream upon which the prosecution is based are taken upon his or her premises or while in his or her possession or under his or her control by an inspector of milk or a collector of samples of milk of some city or town or an employee of the state department of health, and a sealed sample of it is given to him or her.
R.I. Gen. Laws § 21-2-54 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-54
§ 21-2-54. Prosecution of violations.
Status: in_force

The director, or any duly authorized agent, may file a complaint in writing at the suit of the director as complainant in the district court within the district where any violation of the provisions of this chapter or of the lawful regulations of the director adopted pursuant to this chapter are alleged to have been committed. The director or a duly authorized agent shall be exempt from filing any bond or furnishing any surety for costs.
R.I. Gen. Laws § 21-27-10 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-10
§ 21-27-10. Registration of food businesses.
Status: in_force

(a) No person shall operate a food business as defined in § 21-27-1 unless he or she annually registers the business with the state director of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farm stands, or any municipality shall be exempt from payment of any required fee. Additionally, no license fee shall be required for an establishment that:

(1) Holds a Class C liquor license pursuant to § 3-7-8; and

(2) Complies with the license limits set forth in § 3-7-8(b).

(b) In order to set the registration renewal dates so that all activities for each establishment can be combined on one registration instead of on several registrations, the registration renewal date shall be set by the department of health. The registration period shall be for twelve (12) months commencing on the registration renewal date. Any renewal registration fee shall be at the full, annual rate regardless of the date of renewal. Any fee for a first-time application shall have the registration fee pro-rated based upon the date of issuance of registration. If the registration renewal date is changed, the department may make an adjustment to the fees of registered establishments, not to exceed the annual registration fee, in order to implement the changes in registration renewal date. Registrations issued under this chapter may be suspended or revoked for cause. Any registration or license shall be posted in a place accessible and prominently visible to an agent of the director.

(c) Registration with the director of health shall be based upon satisfactory compliance with all laws and regulations of the director applicable to the food business for which registration is required.

(d) The director of health is authorized to adopt regulations necessary for the implementation of this chapter.

(e) Classification for registration shall be as follows:

(1) In-state and out-of-state food processors that sell food in Rhode Island (Wholesale)

(2) Food processors (Retail)

(3) Food service establishments:

(i) 50 seats or less

(ii) More than 50 seats

(iii) Mobile food service units

(iv) Industrial caterer or food vending machine commissary

(v) Cultural heritage educational facility

(4) Vending machine sites or location:

(i) Three (3) or less machines

(ii) Four (4) to ten (10) machines

(iii) Eleven (11) or more machines

(5) Retail markets:

(i) 1 to 2 cash registers

(ii) 3 to 5 cash registers

(iii) 6 or more cash registers

(6) Retail food peddler (meat, seafood, dairy, and frozen dessert products)

(7) Food warehouses

(f) In no instance, where an individual food business has more than one activity eligible under this chapter for state registration within a single location, shall the business be required to pay more than a single fee for the one highest classified activity listed in subsection (e) of this section; provided, that, where several separate but identically classified activities are located within the same building and under the management and jurisdiction of one person, one fee shall be required. In each of the instances in this subsection, each activity shall be separately registered.

(g) Fees for registration of the above classifications shall be as set forth in § 23-1-54.
R.I. Gen. Laws § 21-31-15 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-15
§ 21-31-15. Misbranded drug or device.
Status: in_force

(a) A drug or device shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any way.

(2) If in package form unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under paragraph (ii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the director of health.

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on it with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(4) If it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of any of those substances, which derivative has been by the director of health after investigation found to be, and by regulations under this chapter designated as, habit forming, unless its label bears the name and quantity of the proportion of the substance or derivative and in juxtaposition with it the statement Warning  May be habit forming.

(5) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears: (i) the common or usual name of the drug, if there is one; and (ii) in case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, anti-pyrine, atropine, hysoeine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of those substances contained in it; provided, that to the extent that compliance with the requirements of paragraph (ii) of this subdivision is impracticable, exemptions shall be established by regulations promulgated by the director of health.

(6) Unless its labeling bears: (i) adequate directions for use; and (ii) adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in the manner and form that are necessary for the protection of users; provided, that where any requirement of paragraph (i) of this subdivision, as applied to any drug or device, is not necessary for the protection of the public health, the director of health shall promulgate regulations exempting the drug or device from those requirements.

(7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed in the compendium; provided, that the method of packing may be modified with the consent of the director of health. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the United States Pharmacopoeia.

(8) If it has been found by the director of health to be a drug liable to deterioration, unless it is packaged in the form and manner, and its label bears a statement of the precautions, that the director of health shall by regulations require as necessary for the protection of public health. No regulation shall be established for any drug recognized in an official compendium until the director of health shall have informed the appropriate body charged with the revision of the compendium of the need for packaging or labeling requirements and that body shall have failed within a reasonable time to prescribe those requirements.

(9) If: (i) it is a drug and its container is made, formed, or filled as to be misleading; (ii) it is an imitation of another drug; or (iii) it is offered for sale under the name of another drug.

(10) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in its labeling.

(11)(i) A drug intended for use by humans which: (A) is a habit forming drug to which subdivision (a)(4) of this section applies; (B) because of its toxicity or the potential for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer that drug; or (C) is limited by an effective application under § 21-31-16 to use under the professional supervision of a practitioner licensed by law to administer that drug shall be dispensed only: (I) upon a written prescription of a practitioner licensed by law to administer the drug, (II) upon an oral prescription of the practitioner which is reduced promptly to writing and filed by the pharmacist, or (III) by refilling any written or oral prescription if the refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to the provisions of this subdivision shall be deemed to be an act that results in the drug being misbranded while held for sale.

(ii) The director of health may by regulation remove drugs subject to subdivision (a)(4) of this section and § 21-31-16 from the requirements of paragraph (i) of this subdivision when those requirements are not necessary for the protection of the public health.

(iii) A drug which is subject to paragraph (i) of this subdivision shall be deemed to be misbranded if at any time prior to dispensing its label fails to bear the statement Caution: Federal law prohibits dispensing without prescription. A drug to which paragraph (i) of this subdivision does not apply shall be deemed to be misbranded if at any time prior to dispensing its label bears the caution statement quoted in the preceding sentence.

(iv) No prescription for any of the drugs described in this subdivision shall be refilled if marked non-repeat or N.R.

(12) If it is a drug and its packaging or labeling is in violation of an applicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of the Poison Prevention Packaging Act.

(b)(1) Any drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to prescribe the drug, and any drug dispensed to an ultimate user by a practitioner, shall be exempt from the requirements of this section except subdivisions (a)(1), (9), and (11) of this section, and the packaging requirements of subdivisions (a)(7), (8), and (12) of this section, if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber, and, if stated in the prescription, the name of the patient, and the directions for use and cautionary statements, if any, contained in the prescription. When a practitioner prescribes a drug by brand name, oral, written or electronic, he or she shall, in each prescription, authorize a less expensive generic equivalent drug product by signing the prescription. Pursuant to § 42-127.1-7 and chapter (19.1 of title 5) an electronic signature shall satisfy this requirement. If in the professional judgment of the prescribing practitioner the brand name is medically necessary, the practitioner shall indicate Brand name necessary on the prescription. This exemption shall not apply to any drug dispensed in violation of paragraph (a)(11)(i) of this section.

(2) When dispensing a generic drug product, the word INTERCHANGE or the letters IC must appear on the label followed by the generic name and manufacturer, and/or distributor, of the chosen product.

(3) The requirements of subdivision (2) of this subsection only apply to single entity, multiple-source drugs.

(4) When dispensing a single entity, single source drug, the trade name of the prescribed drug will also appear on the label, and the generic name of the prescribed drug may also appear on the label.

(5) When dispensing a fixed combination product, the United States Pharmacopoeias publication of Pharmacy Equivalent Names (PEN Names) for fixed combination products is the official list of abbreviations for that labeling, and will be the approved abbreviation for identifying the combination product dispensed. If no PEN name has been officially issued by the USP, the practitioner or pharmacist will label the medication secundum artem.

(6) Subdivisions (2)  (5) of this subsection apply in all cases of dispensing by practitioners or pharmacists.

(7) Nothing in this section shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to drugs now included or which may subsequently be included within the classifications stated in chapters 28 and 30 of this title.
R.I. Gen. Laws § 21-17-15 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-15
§ 21-17-15. Complaints for violations.
Status: in_force

Complaints for the violation of the provisions of § 21-17-12 may be made by any person, and if made by the director or a duly authorized agent of the director of health, the director or agent shall be exempt from giving surety for costs on that complaint.
R.I. Gen. Laws § 21-22-5 — RI Code / Title 21 / Chapter 21-22 / Section 21-22-5
§ 21-22-5. Access to premises  Taking and analysis of specimens.
Status: in_force

Every duly authorized agent of the department of health may enter any place where vinegar is stored or kept for sale, and examine all carriages used in the conveyance of vinegar; and whenever the agent has reason to believe any vinegar found by him or her is adulterated, the agent shall take specimens of it and cause the vinegar to be analyzed or satisfactorily tested, the result of which the agent shall record and preserve as evidence, and a certificate of the result, sworn to by the analyzer, shall be admissible in evidence in all prosecutions under this chapter.
R.I. Gen. Laws § 21-2-45 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-45
§ 21-2-45. Standardization permitted.
Status: in_force

Milk may be standardized by the addition to it of milk, skimmed milk, or cream. The standardized milk shall meet the specifications set forth in this chapter.
R.I. Gen. Laws § 21-27-8 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-8
§ 21-27-8. Obstruction of entry to premises in enforcement of chapter.
Status: in_force

No person shall interfere with or obstruct the entrance of the director to any house, structure, vessel, vehicle, or other premises in the discharge of the directors official duties in connection with the enforcement of this chapter or the regulations adopted in accordance with this chapter.
R.I. Gen. Laws § 21-17-3 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-3
§ 21-17-3. Establishment of size and weight classes.
Status: in_force

The size and weight classes for all shell eggs sold or offered for sale in Rhode Island shall be established by the director of environmental management under the provisions of § 21-20-5.
R.I. Gen. Laws § 21-16-4 — RI Code / Title 21 / Chapter 21-16 / Section 21-16-4
§ 21-16-4. Penalties  Prosecution of violations.
Status: in_force

A person, firm, or corporation convicted of violating any of the provisions of this chapter shall, for the first offense, be punished by a fine in the sum of not less than ten dollars ($10.00) and not more than three hundred dollars ($300) and for the second and each subsequent offense by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by imprisonment not exceeding one year, or by other fine and imprisonment, in the discretion of the court. It shall be the duty of every board of health and the health department of any city or town and the department of health of the state whenever cognizant of any violation of this chapter to prosecute any person, firm, or corporation which it has reason to believe has violated any of the provisions of this chapter, and after deducting the costs of trial and conviction, to retain for the use of the board or department the balance of the fine or fines recovered.
R.I. Gen. Laws § 21-11-1 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-1
§ 21-11-1. Animals defined.
Status: in_force

For the purposes of this chapter, animal is construed to mean any cattle, swine, sheep, goat, or equine.
R.I. Gen. Laws § 21-17-4 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-4
§ 21-17-4. Hearings on quality, weight, and size requirements.
Status: in_force

Before establishing or changing the standards of quality, weight, and size requirements for Rhode Island consumer grades for shell eggs, the director shall hold a public hearing, notice of which shall be given in a newspaper of statewide circulation. The specifications for consumer grades and weight classes and the standards for quality of individual eggs shall be those promulgated by the U.S. Department of Agriculture as set forth in the regulations governing the grading of shell eggs and the U.S. standards, grades, and weight classes for shell eggs (7 CFR part 56).
R.I. Gen. Laws § 21-23-5 — RI Code / Title 21 / Chapter 21-23 / Section 21-23-5
§ 21-23-5. Contamination of containers.
Status: in_force

Whoever by himself or herself or by his or her servant or agent, or as the servant or agent of any other person, firm, or corporation having custody of a reusable jar, bottle, measure, or other vessel used as a container for any carbonated or nonalcoholic beverage, soda water, fruit juice or drink, bottled drinking water either plain or carbonated, or any other so-called soft drink, places or causes or permits to be placed in it any offal, kerosene, or article other than waters or beverages as enumerated in this chapter, or any agent used for cleaning the jar, bottle, measure or other vessel, shall be punished by a fine of ten dollars ($10.00) for each reusable misused container.
R.I. Gen. Laws § 21-1-3 — RI Code / Title 21 / Chapter 21-1 / Section 21-1-3
§ 21-1-3. Transportation and storage.
Status: in_force

No person engaged in the business of transporting, storing, or selling frozen food shall transport, store, and/or expose for sale that food within the state unless it is transported, stored, and/or exposed for sale under refrigeration which shall ensure good keeping qualities under temperatures and holding conditions approved by the director.
R.I. Gen. Laws § 21-31-2 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-2
§ 21-31-2. Definitions.
Status: in_force

For the purpose of this chapter:

(1) Advertisement means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(2) Contaminated with filth applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

(3) Cosmetics means: (i) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or applied to the human body or any part of the body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (ii) articles intended for use as a component of any articles described in this subdivision, except that this term shall not include soap.

(4) Device (except when used in subdivision (13)(iv) of this section and in §§21-31-3(10), 21-31-11(6), 21-31-15(a)(3), and 21-31-18(3)) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended: (i) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (ii) to affect the structure or any function of the body of humans or other animals.

(5) Director means the director of health.

(6) Distressed merchandise means any food which has had the label lost or which has been subjected to possible damage due to accident, fire, flood, adverse weather, or to any other similar cause, and which may have been rendered unsafe or unsuitable for human or animal consumption or use.

(7) Dosage form means the form of the completed drug product (such as tablet, syrup, or suppository).

(8) Drug means: (i) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (iii) articles (other than food) intended to affect the structure or any function of the body of humans or other animals; and (iv) articles intended for use as a component of any article specified in paragraphs (i), (ii) or (iii) of this subdivision; but does not include devices or their components, parts, or accessories.

(9) Drug product means a dosage form containing one or more active therapeutic ingredients along with other substances included during the manufacturing process.

(10)(i) Equivalent and interchangeable means having the same generic name, dosage form, and labeled potency, meeting standards of the United States Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation of the requirements of the United States Food and Drug Administration, or its successor agency, or the department of health.

(ii) Generic means the chemical or established name of a drug or drug product.

(11) Federal Act means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §301 et seq.

(12) Food means: (i) articles used for food or drink for humans or other animals, (ii) chewing gum, and (iii) articles used for components of any article described in this subdivision.

(13)(i) Label means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of the article, or is easily legible through the outside container or wrapper.

(ii) Immediate container does not include package liners.

(iii) Labeling means all labels and other written, printed, or graphic matter: (A) upon an article or any of its containers or wrappers, or (B) accompanying the article.

(iv) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination of them, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under the conditions of use that are customary or usual.

(14) Native means a product harvested in Rhode Island and is limited to the following:

(i) Bay scallop means Argopecten irradians.

(ii) Bay quahog means Mercenaria mercenaria.

(iii) Steamer clams means Mya arenaria.

(iv) Mussels means Mytilus edulis.

(v) Oysters means Crassostrea virginica.

(15) New drug means: (i) any drug the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs as safe for use under conditions prescribed, recommended, or suggested in the labeling of it; or (ii) any drug the composition of which is such that the drug, as a result of investigations to determine its safety for use under those conditions has become so recognized, but which has not, otherwise than in the investigations, been used to a material extent or for a material time under those conditions.

(16) Official compendium means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

(17) Patient means, as the case may be: (i) the individual medically requiring a drug, for whom a drug is prescribed; or (ii) the owner or the agent of the owner of an animal medically requiring a drug, for which a drug is prescribed.

(18) Person includes individual, partnership, corporation, and association.

(19) Pharmacist means a person duly registered with the board of pharmacy as a compounder, dispenser, or supplier of drugs upon prescription, including registered assistant pharmacists as defined by law.

(20) Pharmacy means a place where drugs, medicines, or poisons are sold at retail or where prescriptions of physicians, dentists, veterinarians, and other practitioners authorized to issue prescriptions for drugs, medicines, and poisons are compounded, dispensed, supplied or sold.

(21) Practitioner means a person authorized by law to practice medicine, dentistry, osteopathy, podiatry, or veterinary medicine in this state.

(22) Prescription means an order, issued in good faith in the course of professional practice only, by a practitioner to a pharmacist for a drug for a particular patient, which specifies the date of its issue, the name and address of the practitioner, the name and address of the patient (and, if the drug is prescribed for an animal, the species of the animal), the name and quantity of the drug prescribed, directions for the use of the drug, and the signature of the practitioner; provided, that a prescription received by word of mouth, telephone, or other means of communication shall be reduced promptly to writing by the pharmacist in the form prescribed in this subdivision, and the record so made shall constitute the original prescription to be filed and preserved by the pharmacist; and, provided, further, that any refill authorization received by word of mouth, telephone, or other means of communication shall be reduced promptly to writing by the pharmacist, with the date of it on the face or on the reverse side of the original prescription.

(23) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or any other use that involves prolonged contact with the body.

(24) The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any article for sale, and the sale, dispensing, and giving of any article, and the supplying or applying of the articles in the conduct of any food, drug, or cosmetic establishment.
R.I. Gen. Laws § 21-36-2 — RI Code / Title 21 / Chapter 21-36 / Section 21-36-2
§ 21-36-2. Definitions.
Status: in_force

As used in this chapter, unless otherwise specified, the following word has the following meaning: Council means the inter-agency food and nutrition policy advisory council.
R.I. Gen. Laws § 21-20-3 — RI Code / Title 21 / Chapter 21-20 / Section 21-20-3
§ 21-20-3. Enforcement of provisions.
Status: in_force

The enforcement of §§ 21-20-1 and 21-20-2 shall be under the jurisdiction of the director of environmental management.
R.I. Gen. Laws § 21-27-1 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-1
§ 21-27-1. Definitions.
Status: in_force

Unless otherwise specifically provided in this chapter, the following definitions apply to this chapter:

(1) Approved means approved by the director.

(2) Commissary means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as food preparation, food storage, vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins.

(3) Cottage food manufacture means the production in accordance with the requirements of § 21-27-6.2 of allowable foods for retail sale directly to the consumer in a residential kitchen or a rented commercial kitchen licensed by the department.

(4) Cultural heritage education facility means a facility for up to ten (10) individuals who, for a fee, participate in the preparation and consumption of food, limited to an owner-occupied site documented to be at least one hundred and fifty (150) years old and whose drinking water shall be obtained from an approved source that meets all of the requirements of chapter 13 of title 46.

(5) Department means the department of health.

(6) Director means the director of health or the directors duly appointed agents.

(7) Farmers market means a market where two (2) or more farmers are selling produce exclusively grown on their own farms on a retail basis to consumers. Excluded from this term is any market where farmers or others are selling produce at wholesale and/or any market in which any individual is selling produce not grown on his or her own farm.

(8) Farm home food manufacture means the production in accordance with the requirements of § 21-27-6.1 of food for retail sale in a residential kitchen on a farm that produces agricultural products for human consumption and the operator of which is eligible for exemption from the sales and use tax in accordance with § 44-18-30(32).

(9) Food means: (i) Articles used for food or drink for people or other animals; (ii) Chewing gum; and (iii) Articles used for components of any food or drink article.

(10) Food business means and includes any establishment or place, whether fixed or mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served, transported, or sold.

(11) Food service establishment means any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern; bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage education facility, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(12) Mobile food service unit means a unit that prepares and/or sells food products for direct consumption.

(13) Operator in relation to food vending machines means any person who by contract, agreement, lease, rental, or ownership sells food from vending machines.

(14) Person means any individual, firm, co-partnership, association, or private or municipal corporation.

(15) Processor means one who combines, handles, manufactures or prepares, packages, and stores food products.

(16) Retail means when eighty percent (80%) or more of sales are made directly to consumers.

(17) Retail peddler means a food business that sells meat, seafood, and dairy products directly to the consumer, house to house, or in a neighborhood.

(18) Roadside farmstand means a stand or location adjacent to a farm where produce grown only on that farm is sold at the time of harvest.

(19) Vending machine site or location means the room, enclosure, space, or area where one or more vending machines are installed and/or operated.

(20) Warehouse means a place for the storage of dried, fresh, or frozen food or food products, not including those areas associated within or directly part of a food service establishment or retail market.

(21) Wholesale means when eighty percent (80%) or more of the business is for resale purposes.
R.I. Gen. Laws § 21-17-10 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-10
§ 21-17-10. Penalties for violations.
Status: in_force

Any person, firm, or corporation, which by itself, or its agents or employees, violates any provisions of §§ 21-17-1  21-17-10, or any regulation made pursuant to those sections, or fails to comply with any of the requirements of those sections or knowingly misrepresents the condition, size, or quality of any eggs, shall be fined not more than fifty dollars ($50.00) for the first offense and not more than two hundred dollars ($200) for each subsequent offense. Complaints for the violation of the provisions of §§ 21-17-1  21-17-10 may be made by any person, and if made by the director or a duly authorized agent, the director or agent shall be exempt from giving surety for costs on that complaint.
R.I. Gen. Laws § 21-9-9 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-9
§ 21-9-9. Reports of wholesale manufacturers.
Status: in_force

Each manufacturer of frozen desserts and frozen dessert mixes shall report to the director of health on forms prescribed by the director any information and at any times that the director may require.
R.I. Gen. Laws § 21-2-9 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-9
§ 21-2-9. Duration and renewal of permits.
Status: in_force

(a) All permits issued by the director shall, unless renewed, expire at midnight of the last day of the twelfth month after the date of issue.

(b) All permits may, except in the case of any permit revoked for cause after a hearing, as provided in this chapter, be renewable by the director upon the filing at least twenty (20) days before the expiration of the permit with the director of an application for renewal giving any information that the director shall, by written regulation, reasonably require.
R.I. Gen. Laws § 21-35-3 — RI Code / Title 21 / Chapter 21-35 / Section 21-35-3
§ 21-35-3. Contract and disclosure requirements at the time of sale.
Status: in_force

(a) The seller shall provide the buyer with a single document, referred to in this subsection as the written agreement, which shall clearly and conspicuously disclose the following:

(1) The name, address and telephone number of the seller and the name and address of the buyer;

(2) The date of the contract;

(3) The price of the food and non-food items of the home food service plan;

(4) The price of any service charge associated with the home food service plan;

(5) The total price of the home food service plan including the price of the food and non-food items, and the price of the service charge; and

(6) A statement that the buyer shall have the right to cancel the home food service plan contract until midnight of the third (3rd) business day after the date on which the buyer executed the contract or after the day on which the seller provided the buyer with a fully executed copy of the contract, whichever is later, by giving written notice of cancellation to the seller. A notice in the form provided in federal or state statutes, rules or regulations governing form of notice of right of cancellation, shall be deemed satisfactory notice of the requirements of this subsection.

(b) In addition to the disclosures required by this section on the written agreement, the following disclosures are required to be provided to the buyer in additional contract documents at the time of sale:

(1) A written list of all food and non-food items to be sold, which shall include:

(i) The identity of each item and, where applicable, the USDA quality grade; the primal source; and the brand or trade name;

(ii) The quantity of each item;

(iii) The estimated serving size by net weight of each price of meat, poultry and seafood item offered for sale under the home food service plan; provided, that these estimates shall not differ from the actual weight at the time of delivery by more than five percent (5%), and that the dollar value of the meat, poultry and seafood items delivered is equal to or greater than that represented to the buyer; and

(iv) The net weight, measure or count of all other food and non-food items offered for sale;

(2) A dated item price list stating in dollars and cents the price per kilogram or pound or other applicable unit of measure, and the total sale price of each food item to be delivered. This price list shall clearly and conspicuously make reference to whether there are additional costs disclosed in the written contract relating to any service charges associated with the purchase of the home food service plan;

(3) If a membership is sold, a written statement of all terms, conditions, benefits and privileges applicable to the membership.
R.I. Gen. Laws § 21-27-11.9 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.9
§ 21-27-11.9. Rules and regulations.
Status: in_force

The director shall make all necessary rules and regulations for:

(1) The filing of applications for certification;

(2) The qualifications and responsibilities of applicants, training instructors, and managers certified in food safety; and

(3) The administration and enforcement of §§ 21-27-11  21-27-11.13.
R.I. Gen. Laws § 21-31-10 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-10
§ 21-31-10. Adulterated food.
Status: in_force

A food shall be deemed to be adulterated:

(1) If: (i) it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance the food shall not be considered adulterated under this clause if the quantity of that substance in the food does not ordinarily render it injurious to health; (ii) it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 21-31-13; (iii) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is unfit for food; (iv) it has been produced, prepared, packed, or held under unsanitary conditions by which it may have become contaminated with filth, or by which it may have been rendered diseased, unwholesome, or injurious to health; (v) it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (vi) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(2) If: (i) any valuable constituent has been in whole or in part omitted or abstracted from it; (ii) any substance has been substituted wholly or in part for it; (iii) damage or inferiority has been concealed in any manner; or (iv) any substance has been added to it or mixed or packed with it so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is.

(3) If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-tenths of one percent (0.4%), harmless natural gum, or pectin; provided, that this subdivision shall not apply to any confectionery by reason of its containing less than one-half of one percent (.5%) by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.

(4) If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the Federal Act.
R.I. Gen. Laws § 21-15-16 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-16
§ 21-15-16. Fraud or neglect by packers.
Status: in_force

Every packer who shall be guilty of any fraud or neglect in packing any fish contrary to this chapter, or shall brand any cask not thoroughly examined according to the provisions of this chapter, shall be fined fifty dollars ($50.00) for each offense.
R.I. Gen. Laws § 21-17-8 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-8
§ 21-17-8. Exemption of sales by producers.
Status: in_force

All eggs intended for sale to a first receiver who normally grades them into proper sizes and grades before reselling them shall be exempt from the provisions of §§ 21-17-1  21-17-10 until they are offered for resale.
R.I. Gen. Laws § 21-20-4 — RI Code / Title 21 / Chapter 21-20 / Section 21-20-4
§ 21-20-4. Sale of nuts, beans, and berries by dry measure.
Status: in_force

Nuts and shelled beans and all kinds of berries, whenever sold by measure, shall be sold by dry measure. And any person who shall sell any nuts or shelled beans or any kind of berries by any measure other than dry measure shall be fined not exceeding twenty dollars ($20.00), one-half (Â½) of the fine to the use of the town or city in which the offense shall have been committed and one-half (Â½) of the fine to the complainant.
R.I. Gen. Laws § 21-11-7 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-7
§ 21-11-7. Processing for private use.
Status: in_force

The provisions of this chapter shall not apply to slaughtering of animals, or the canning, curing, smoking, packing, or rendering of the carcass of any animal or part of the carcass, where the animal is slaughtered by the owner of the animal and where the meat, meat product, or meat food product obtained from the animal is used for the private use of the owner of the animal slaughtered, or of the owners immediate family.
R.I. Gen. Laws § 21-27-11.6 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.6
§ 21-27-11.6. Requirements of food establishments.
Status: in_force

(a) Food establishments which prepare potentially hazardous foods shall employ at least one fulltime manager certified in food safety. Establishments who employ ten (10) or more full-time equivalent employees directly involved in food preparation shall be required to employ two (2) managers certified in food safety. Establishments who primarily serve the elderly and individuals with diminished immune systems shall have a manager certified in food safety present during preparation of all hot potentially hazardous foods.

(b) Notwithstanding subsection (a) of this section, assisted living residences, licensed by the director of health pursuant to chapter 17.4 of title 23, which have a licensed capacity of twenty-five (25) or fewer residents and which employ five (5) or fewer full-time equivalent employees involved in preparation and serving of food, shall only be required to employ one full-time manager certified in food safety.

(c) Once a manager certified in food safety terminates employment, establishments shall have sixty (60) days to employ a new manager certified in food safety, or have an individual enrolled in a division approved food manager certification program in food safety.

(d) Notwithstanding subsection (a) of this section, assisted living residences, licensed by the director of health pursuant to chapter 17.4 of title 23, which have a licensed capacity of twenty-five (25) or fewer residents and which employ five (5) or fewer full-time equivalent employees involved in preparation and serving of food, shall only have fifteen (15) days to employ a new manager certified in food safety. However said time period may be extended by the division.
R.I. Gen. Laws § 21-2-11 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-11
§ 21-2-11. Emergency powers.
Status: in_force

(a) In the event of any serious disaster, such as conflagration, enemy attack, earthquake, flood, hurricane, tornado, drought, or other emergency, which shall result in an unusual nonseasonal shortage in the milk supply in the state of Rhode Island, the director shall have power, upon issuance of an order by him or her specifying the nature and extent of the emergency and without notice: (1) to suspend part or all of the regulations made under authority of this chapter; (2) to promulgate other or additional emergency regulations; and (3) to suspend part or all of the requirements of this chapter pertaining to inspection and the obtaining of permits by milk plants located outside the state of Rhode Island from which milk is derived for sale in the state of Rhode Island and pertaining to inspection of their milk producers and haulers.

(b) In the case of any special emergency, the director may issue emergency permits for the importation of milk into the state of Rhode Island which has not been inspected at the source in accordance with this statute and the regulations pursuant to this chapter; provided, that the director shall be satisfied that any source of milk admitted by emergency permit shall not constitute a threat to the health of the people of Rhode Island, and provided that environmental conditions surrounding the production, transportation, and processing of the imported milk shall reasonably have been subject to inspection at its source under authority of law other than that of the state of Rhode Island.

(c) The suspension and emergency regulations shall be for the duration of the emergency or forty (40) days, whichever period shall be shorter.

(d) The director is empowered in the event of any contamination or threat of contamination of the milk supply alone to promulgate additional emergency regulations pertaining to the treatment and conditions of production, distribution, and sale of milk, the regulations to go into effect immediately without a hearing. The emergency regulations shall be in effect forty (40) days or the duration of the emergency, whichever period shall be shorter. The director shall promulgate the emergency regulations by filing a copy of the regulations in the secretary of states office and having copies available for public inspection. As soon as practicable, the director shall give notice of the promulgation of the emergency regulations.
R.I. Gen. Laws § 21-27-11.4 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.4
§ 21-27-11.4. Use of manager certified in food safety.
Status: in_force

No person shall use the title manager certified in food safety or in any way, represent themselves as a manager certified in food safety unless they shall hold a current certificate as provided in § 21-27-11.2.
R.I. Gen. Laws § 21-13-7 — RI Code / Title 21 / Chapter 21-13 / Section 21-13-7
§ 21-13-7. Penalties for violations.
Status: in_force

Any person, firm, or corporation, which, by itself or its agents or employees, violates any provision of this chapter or any regulation made pursuant to this chapter shall be fined not more than one hundred dollars ($100) or less than twenty-five dollars ($25.00) for the first offense and not more than two hundred dollars ($200) or less than fifty dollars ($50.00) for each subsequent offense. The superior court shall have jurisdiction in equity to enforce the provisions of this chapter and the regulations adopted pursuant to this chapter.
R.I. Gen. Laws § 21-18-2 — RI Code / Title 21 / Chapter 21-18 / Section 21-18-2
§ 21-18-2. Marking of closed packages.
Status: in_force

Each closed package of apples packed or repacked within the state and intended for sale within or without the state shall be marked or branded at the time of packing, repacking, or closing with a statement of the quantity of the contents, the name and address of the person by whose authority the apples were packed, the true name of the variety, and the minimum size or numerical count of the apples contained in it, in accordance with § 21-18-6. If the true name of the variety is not known to the packer or other person by whose authority the apples are packed, the statement shall include the words Variety Unknown. If apples are repacked, the packages shall be marked Repacked, and shall bear the name and address of the person by whose authority it is repacked in place of that of the person by whose authority it was originally packed.
R.I. Gen. Laws § 21-20-5 — RI Code / Title 21 / Chapter 21-20 / Section 21-20-5
§ 21-20-5. Rules as to grading, packing, and marking of farm products  False representations.
Status: in_force

The director of environmental management is authorized and instructed to promulgate reasonable rules and regulations relative to grading, marking, labeling, packing, and branding of products of the farm. Any fruit or vegetable offered or exposed for sale or distribution in a closed or open package so packed that the faced or shown surface gives a false representation of the contents of the package shall be construed to be misbranded under the terms of this section. Products of the farm sold or offered for sale as graded, marked, labeled, packed, or branded as conforming to those rules and regulations must conform.
R.I. Gen. Laws § 21-27-11.10 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.10
§ 21-27-11.10. Suspension or revocation of certification/training required.
Status: in_force

Manager certification in food safety may be suspended or revoked for repeated violations of the rules and regulations of the state pertaining to food establishments or for preventing health department personnel from performing their duty. The individual shall surrender the certificate to the division when certification has been suspended or revoked. In lieu of suspension of certification, or of the establishment license, mandatory training may be required for managers employed in establishments where there is displayed an inability to maintain safe and sanitary food handling practices as demonstrated by food-borne illnesses, serious repeat violations, or other factors increasing the risk to consumers. The certificate or license holders at that establishment may be required to attend a training program approved by the department and repeat all requirements for certification. Under the conditions specified in this section, the department may also require all of the food establishment staff to attend a training program on food protection approved by the department.
R.I. Gen. Laws § 21-9-17 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-17
§ 21-9-17. Injunctions authorized.
Status: in_force

In addition to the remedies provided in this chapter the director of health is authorized to apply to the superior court for, and the court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter, irrespective of whether or not there exists an adequate remedy at law.
R.I. Gen. Laws § 21-1-6 — RI Code / Title 21 / Chapter 21-1 / Section 21-1-6
§ 21-1-6. Complaints for violations.
Status: in_force

Complaints for the violation of any of the provisions of this chapter may be made by the director or by any duly authorized agent of the director, or by any other person, and if made by the director or an agent, surety for costs on any complaint shall not be required, nor costs collected in case of failure to sustain the complaint.
R.I. Gen. Laws § 21-9-4 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-4
§ 21-9-4. Issuance of license.
Status: in_force

The license shall be issued in the form and under any terms and conditions consistent with the intent and purpose of this chapter that shall be prescribed by regulations promulgated by the director of health under the authority of § 21-9-13. The license shall be prominently posted in the plant to which it applies.
R.I. Gen. Laws § 21-5-7 — RI Code / Title 21 / Chapter 21-5 / Section 21-5-7
§ 21-5-7. Issuance and revocation of machine operator certificates.
Status: in_force

The director may issue certificates of competency to persons desiring to manipulate the Babcock or other centrifugal machine who, in his or her opinion, are competent. The director may make and enforce rules governing applications for the certificates and the granting of them, and may revoke the authority of any holder of a certificate who, in the directors opinion, is not correctly manipulating a machine or is using dirty or unsatisfactory glassware or utensils in connection with the work. No holder of a certificate whose authority has been revoked shall after this manipulate any machine within the state of Rhode Island for the purposes mentioned in § 21-5-6, until another certificate is granted to that person.
R.I. Gen. Laws § 21-16-2 — RI Code / Title 21 / Chapter 21-16 / Section 21-16-2
§ 21-16-2. Violations and deception by restaurants.
Status: in_force

A person, firm, or corporation who shall knowingly sell or expose for sale in any restaurant or other place where food products are sold for consumption on the premises any article of food or food preparation falsely represented as kosher or as having been prepared in accordance with the orthodox or traditional Hebrew religious requirements, either by direct statements, orally or in writing, or by display of the word kosher in English or Hebrew letters, or by the display of any sign or mark in simulation of that word, or by the display of any insignia, six-pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food sold is kosher or prepared in accordance with the traditional or orthodox Hebrew religious requirements, or who shall sell or expose for sale in a restaurant or other place both kosher and non-kosher food or food preparation, or who shall prepare, handle, combine, or serve kosher foods in a manner not sanctioned by the traditional or orthodox Hebrew religious requirements, who fails to display on his window signs and all display advertising in block letters at least four inches (4") in height kosher and non-kosher food served here shall be guilty of a misdemeanor.
R.I. Gen. Laws § 21-23-2 — RI Code / Title 21 / Chapter 21-23 / Section 21-23-2
§ 21-23-2. Issuance and renewal of permits  Fee  Posting  Exempt cider.
Status: in_force

Blank forms of the application for permits shall be furnished by the department without cost. The fee for the permit shall be as set forth in § 23-1-54. The fee for a permit to manufacture or bottle apple cider shall also be as set forth in § 23-1-54. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Any person applying for a permit to bottle or manufacture apple cider shall certify that he or she does not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup, bottled drinking water, either plain or carbonated, or any other so-called soft drink, other than apple cider. The fee received by the department for bottlers permits shall be turned over to the general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on the premises of the bottler so that they may readily be seen by any person inspecting the premises; provided that the fees so far as they relate to cider, shall not apply to any person who manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons of cider.
R.I. Gen. Laws § 21-9-22 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-22
§ 21-9-22. Violations of chapter  Penalty.
Status: in_force

Any person that violates any of the provisions of this chapter, or of the regulations promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or employee, who directs or knowingly permits a violation or who aids or assists a violation, shall upon conviction be subject to a fine of not less than five hundred dollars ($500) or to imprisonment for not more than one year, or to both the fine and imprisonment.
R.I. Gen. Laws § 21-17-5 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-5
§ 21-17-5. Advertising  Containers  Invoices.
Status: in_force

All advertising of shell eggs shall include the correct size and grade designation in describing the eggs and the correct size and grade designation shall appear in clearly legible letters on the top or side of the exterior of any container in which the eggs are offered for sale. An invoice stating both the correct size and the correct quality grade designations shall accompany each delivery of eggs to a retailer. The invoice shall also include the name and address of both buyer and seller, date of sale, and shall conform to regulations issued by the director of environmental management.
R.I. Gen. Laws § 21-1-11 — RI Code / Title 21 / Chapter 21-1 / Section 21-1-11
§ 21-1-11. Applicability to retail sales.
Status: in_force

Nothing in this chapter shall be construed to apply to the delivery of frozen food by a retailer to the purchaser.
R.I. Gen. Laws § 21-27-6.2 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-6.2
§ 21-27-6.2. Cottage food manufacture.
Status: in_force

Notwithstanding the other provisions of this chapter, the department of health shall register cottage food manufacture and the sale of the products of cottage food manufacture direct to consumers whether by pickup or delivery within the state, provided that the requirements of this section are met.

(1) The cottage food products shall be produced in a kitchen that is on the premises of a home and meets the standards for kitchens as provided for in minimum housing standards, adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that reaches one hundred fifty degrees Fahrenheit (150Â° F) after the final rinse and drying cycle and a one compartment sink;

(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent, corrosion resistant material such as stainless steel, formica, or other chip resistant, nonpitted surface;

(iv) Have self-closing doors for bathrooms that open directly into the kitchen;

(v) If the home is on private water supply, the water supply must be tested once per year;

(vi) Notwithstanding this subsection, the cottage food products may also be produced in a commercial kitchen licensed by the department and leased or rented by the cottage food registrant provided that a record be maintained as to the dates the commercial kitchen was used and that ingredients used in the production of cottage foods are transported according to applicable food safety standards and regulations promulgated by the department.

(2) The cottage food products are prepared and produced ready for sale under the following conditions:

(i) Pets are kept out of food preparation and food storage areas at all times;

(ii) Cooking facilities shall not be used for domestic food purposes while cottage food products are being prepared;

(iii) Garbage is placed and stored in impervious covered receptacles before it is removed from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage food manufacture;

(iv) Any laundry facilities that may be in the kitchen shall not be used during cottage food manufacture;

(v) Recipe(s) for each cottage food product with all the ingredients and quantities listed, and processing times and procedures, are maintained in the kitchen for review and inspection;

(vi) An affixed label that contains:

(A) Name, address, and telephone number;

(B) The ingredients of the cottage food product, in descending order of predominance by weight or volume;

(C) Allergen information, as specified by federal and state labeling requirements, such as milk, eggs, tree nuts, peanuts, wheat, and soybeans; and

(D) The following statement printed in at least ten-point type in a clear and conspicuous manner that provides contrast to the background label: Made by a Cottage Food Business Registrant that is not Subject to Routine Government Food Safety Inspection, unless products have been prepared in a commercial kitchen licensed by the department.

(3) Cottage food manufacture shall be limited to the production of baked goods that do not require refrigeration or time/temperature control for safety, including but not limited to:

(i) Double crust pies;

(ii) Yeast breads;

(iii) Biscuits, brownies, cookies, muffins; and

(iv) Cakes that do not require refrigeration or temperature-controlled environment; and

(v) Other goods as defined by the department.

(4) Each cottage food manufacturer shall be registered with the department of health and shall require a notarized affidavit of compliance, in any form that the department may require, from the applicant that the requirements of this section have been met and the operation of the kitchen shall be in conformity with the requirements of this section. Prior to the initial registration, each cottage food manufacturer is required to successfully complete a Food Safety Manager Course, any American Standards Institute approved food handler course, or any other course approved by the department. A certificate of registration shall be issued by the department upon the payment of a fee as set forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of registration shall be valid for one year after the date of issuance; provided, however, that the certificate may be revoked by the director at any time for noncompliance with the requirements of the section. The certificate of registration, with a copy of the affidavit of compliance, shall be kept in the kitchen where the cottage food manufacture takes place. The director of health shall have the authority to develop and issue a standard form for the affidavit of compliance to be used by persons applying for a certificate of registration; the form shall impose no requirements or certifications beyond those set forth in this section and § 21-27-6.1. No certificates of registration shall be issued by the department prior to November 1, 2022.

(5) No such operation shall engage in consignment or wholesale sales. The following additional locational sales by any such cottage food operation shall be prohibited: (i) Grocery stores; (ii) Restaurants; (iii) Long-term-care facilities; (iv) Group homes; (v) Daycare facilities; and (vi) Schools. Advertising and sales by internet, mail, and phone are permissible, provided the cottage food licensee or their designee shall deliver, in person, to the customer within the state.

(6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand dollars ($50,000) per calendar year. If annual gross sales exceed the maximum annual gross sales amount allowed, the cottage food registrant shall either obtain a food processor license or cease operations. The director of health shall request documentation to verify the annual gross sales figure of any cottage food operation.

(7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.

(8) The director of health or designee may inspect a cottage food operation at any time to ensure compliance with the provisions of this section. Nothing in this section shall be construed to prohibit the director of health or designee of the director from investigating the registered area of a cottage food operation in response to a foodborne illness outbreak, consumer complaint, or other public health emergency.
R.I. Gen. Laws § 21-14-10 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-10
§ 21-14-10. Markets exempt from chapter.
Status: in_force

The provisions of this chapter shall not apply to wholesale or retail markets offering for sale only shellfish which have been obtained from persons licensed to operate shellfish establishments.
R.I. Gen. Laws § 21-20-1 — RI Code / Title 21 / Chapter 21-20 / Section 21-20-1
§ 21-20-1. Vegetables to be sold by weight.
Status: in_force

It shall be unlawful for any person, firm, partnership, or corporation to sell at retail or offer to sell at retail any lima, fava, shell, wax, or green snap beans, peas, spinach, kale, dandelions, and potatoes, and any other vegetables of the commonly accepted staple classes as may be determined by the director of environmental management, in any other manner or measure other than by weight.
R.I. Gen. Laws § 21-24-2 — RI Code / Title 21 / Chapter 21-24 / Section 21-24-2
§ 21-24-2. Regulations.
Status: in_force

All bakery products, cereal flours, and related products regulations and any amendments to them adopted by the federal government pursuant to the Food, Drug, and Cosmetic Act, CFR 21, Parts 136, entitled Bakery Products, and 137, entitled Cereal Flours and Related Products, are the regulations in this state. The department may by regulation provide for modification or deviation from these regulations where the interest of Rhode Island consumers may warrant, whether or not the modifications or deviations are in accordance with the regulations adopted pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.; provided, the amendments do not interfere with interstate commerce. A federal regulation automatically adopted pursuant to this chapter takes effect in this state on the date it becomes effective as a federal regulation. The director shall publish a notice of the adoption in a newspaper having general circulation throughout the state. A person who may be adversely affected by a regulation may, within thirty (30) days after a federal regulation is automatically adopted, file with the director, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation. If no substantial objections are received and no hearing is requested within thirty (30) days after publication of a notice of the adoption of a federal regulation, it shall be effective as of the date it was adopted by the federal government. If timely substantial objections are made to a federal regulation within thirty (30) days after it is automatically adopted, the director, after notice, shall conduct a public hearing in accordance with the provisions of chapter 35 of title 42. The director of health is authorized to adopt any regulations for bakery products, cereal flours, and related products that he or she deems necessary in accordance with authority granted under this chapter, chapter 31 of this title, chapter 27 of this title, and § 23-1-18(5).
R.I. Gen. Laws § 21-31-22 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-22
§ 21-31-22. Publication of court orders, judgments and decrees  Dissemination of information.
Status: in_force

(a) The director of health may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and its disposition.

(b) The director of health may also cause to be disseminated any information regarding food, drugs, devices, and cosmetics that the director of health deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director of health from collecting, reporting, and illustrating the results of the investigations of the director of health.
R.I. Gen. Laws § 21-25-4 — RI Code / Title 21 / Chapter 21-25 / Section 21-25-4
§ 21-25-4. Penalty for misbranding.
Status: in_force

Every person, firm, or corporation, as principal, or by a servant, or agent, who shall sell or offer to sell or expose for sale or have in their possession with intent to sell, contrary to the provisions of this chapter, any package, bag, bottle, can, box, tub, firkin, or container of any kind which has been stamped, marked, printed, branded, and is to be used for the sale, offering, or exposing for sale of any Rhode Island corn meal when the corn meal contained in it has not been ground or manufactured in Rhode Island from Rhode Island corn as required by this chapter, shall for each offense be fined one hundred dollars ($100), one-half (Â½) of the fine to the use of the complainant and one-half (Â½) of the fine to the use of the state; and on trial for the offense, proof of the sale or offering to sell or of the exposing for sale of the article or substance shall be evidence or knowledge of the character of the article or substance so sold or offered or exposed for sale and of knowledge that it was not stamped, marked, printed, branded, or used in accordance with the requirements of this chapter.
R.I. Gen. Laws § 21-15-15 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-15
§ 21-15-15. Transfer of fish from branded casks  Misbranding.
Status: in_force

Every person who shall shift any fish from any cask after the cask has been branded by the packer, and shall offer to sell or export the fish from this state, or shall brand any cask into which the fish shall be shifted, or shall brand any cask with the branding iron of a packer or with any iron made in imitation of it, shall be fined not less than thirty dollars ($30.00) nor more than one hundred sixty dollars ($160) for each offense.
R.I. Gen. Laws § 21-2-23 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-23
§ 21-2-23. Director empowered to make regulations.
Status: in_force

(a) The director of health is authorized to promulgate any regulations that are necessary to carry into effect the provisions of this chapter, which shall include, but not be limited to, providing for: (1) standards of identity, labeling requirements, maintaining standards for milk and milk products sold or offered for sale in final package forms; (2) standards for the production, transportation, receiving, handling, storage, processing, distributions, and sale of raw milk for pasteurization and products of raw milk, including all pertinent sanitary standards and uniform minimum requirement for inspection of dairy farms, milk plants and receiving stations; and may in like manner amend, modify or repeal those rules and regulations which shall be consistent with the provisions of the Grade A Pasteurized Milk Ordinance 1978 recommendations of the U.S. Public Health Service/Food and Drug Administration, 1983 Revisions, which shall become upon the passage of this act the rules and regulations under this chapter in accordance with § 21-2-2(10).

(b) The adoption and amendment of regulations in the future shall be in accordance with chapter 35 of title 42; provided, that amendments to the Grade A Pasteurized Milk Ordinance adopted by the interstate milk shippers conference shall become a part of the regulations under this chapter. Provided, that a person adversely affected by any regulation may, within thirty (30) days, file with the director, in writing, those objections to a regulation automatically adopted which stays the effect of the regulation. If no substantial objections are received and no hearing is requested within thirty (30) days after publication of a notice of the adoption of a regulation, it shall be effective as of the date it was adopted by the interstate milk shippers conference. When automatic adoption is stayed by a timely objection, the director, after notice, shall conduct a public hearing in accordance with the provisions of chapter 35 of title 42. The director of health is authorized to adopt any other regulations for milk and other related products that he or she deems necessary in accordance with authority granted under this chapter, chapters 27 and 31 of this title and § 23-1-18(5).

(c) The director shall publish a notice of the adoption in a newspaper having general circulation throughout the state.
R.I. Gen. Laws § 21-15-5 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-5
§ 21-15-5. Inspection and branding of casks.
Status: in_force

Every cask before being packed or repacked for exportation shall first be searched, examined, and approved by a packer; and shall, when packed or repacked for exportation, be branded legibly on one head with the kind of fish it contains and the weight of the fish or the capacity of the cask with the first letter of the first name and the whole of the surname of the packer, the name of the town, and the words Rhode Island, in letters not less than three-fourths of an inch (Â¾") long, to denote that the cask is merchantable and in good order for exportation.
R.I. Gen. Laws § 21-27-9 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-9
§ 21-27-9. Penalties for violations.
Status: in_force

Persons convicted of violating any of the provisions of this chapter or the regulations adopted in accordance with this chapter shall be punished:

(1) By a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense;

(2) By a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and

(3) By a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) for a third or subsequent offense.
R.I. Gen. Laws § 21-25-2 — RI Code / Title 21 / Chapter 21-25 / Section 21-25-2
§ 21-25-2. Labeling of containers of corn.
Status: in_force

The words Rhode Island shall not be stamped, marked, printed, branded, or used on any package, bag, bottle, can, box, tub, firkin, or container of any kind in which any corn may be stored or from or in which corn may be sold or offered or exposed for sale unless the corn shall be Rhode Island corn within the meaning of this chapter.
R.I. Gen. Laws § 21-17-14 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-14
§ 21-17-14. Rules and regulations  Enforcement.
Status: in_force

The department of health shall have the same duties and powers relative to the making of rules and regulations relative to the enforcement of § 21-17-12 as is or shall be conferred upon it by chapter 1 of this title with reference to other foods.
R.I. Gen. Laws § 21-35-2 — RI Code / Title 21 / Chapter 21-35 / Section 21-35-2
§ 21-35-2. Definitions.
Status: in_force

As used in this chapter the following words and phrases have the following meanings:

(1) Buyer means both the actual and prospective purchaser, but does not include persons who purchase for resale.

(2) Contract means all of the collective written agreements subscribed by a buyer at the time of sale relating to the purchase of a home food service plan, except promissory notes or other financing agreements.

(3) Food items means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products, and other like products.

(4) Home food service plan means the offering for sale to a consumer of any food item, or food item in combination with any non-food product and/or services, whether or not a membership fee or similar charge is involved, for a total price in excess of two hundred dollars ($200) if either: (i) the item or items are to be delivered to the dwelling of the household consumer, or (ii) the contract is entered into at the dwelling of the household consumer.

(5) Item price means the price of a food or non-food item sold as part of a home food service plan computed to the nearest whole cent and exclusive of any service charge(s) and expressed in relation to the appropriate unit of weight, measure, or count of the item.

(6) Non-food item means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping, and like products. The term does not include food items and durable consumer goods such as appliances.

(7) Primal source means the following cuts: (i) for beef, the primal sources are the round, flank, loin, rib, plate, brisket, chuck and shank; (ii) for veal and lamb or mutton, the primal sources are the leg, flank, loin, rack (rib) and shoulder; and (iii) for pork, the primal source as the belly, loin, ham, spareribs, shoulder, and jowl.

(8) Seller means any person, partnership, corporation or association, however organized, engaged in the sale of a home food service plan.

(9) Service charge means the aggregate price for any additional features, services and processing associated with the purchase of a home food service plan including, but not limited to, cutting, wrapping, freezing, delivery, and membership fees.
R.I. Gen. Laws § 21-5-14 — RI Code / Title 21 / Chapter 21-5 / Section 21-5-14
§ 21-5-14. Appropriations and disbursements.
Status: in_force

The general assembly shall annually appropriate any sums that it shall deem necessary for the purpose of carrying out the provisions of this chapter. The state controller is authorized and directed to draw orders upon the general treasurer for the payment of the sums or so much of them as may be required upon receipt by him or her of properly authenticated vouchers.
R.I. Gen. Laws § 21-13-4 — RI Code / Title 21 / Chapter 21-13 / Section 21-13-4
§ 21-13-4. Regulations.
Status: in_force

(a) The director of health is authorized to adopt regulations relating to the premises, facilities, materials used, and procedures followed at places where poultry for human consumption is slaughtered, eviscerated, or processed or where poultry products for human consumption are prepared, insofar as the regulations relate to the health and protection of the public.

(b) The director, for the health and protection of the public, is authorized to make ante-mortem inspections of poultry and to quarantine, or segregate, or re-inspect poultry or poultry products at any places where poultry is slaughtered, eviscerated, or processed or poultry products are prepared. The director, for the health and protection of the public, is authorized to condemn and render inedible diseased or unwholesome poultry or poultry products and to retain poultry or poultry products pending their further examination. The director is authorized to adopt regulations dealing with the identification of poultry and the marketing and labeling of poultry products or their containers, essential to the proper administration of this chapter.
R.I. Gen. Laws § 21-27-12 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-12
§ 21-27-12. Outdoor dining  Dogs permitted.
Status: in_force

(a) A restaurant with an outdoor dining area may allow a patrons dog to accompany the patron in the outdoor dining area during the hours designated by the owner of the restaurant.

(b) The owner of a restaurant:

(1) Shall determine the location and the amount of space in the outdoor dining area designated for a patron accompanied by a dog;

(2) May establish limits on the size and type of dogs and any other limitations relating to dogs that may accompany a patron into the outdoor dining area of a restaurant;

(3) May deny entry to the restaurant or eject from the restaurant any patron accompanied by a dog at the discretion of the owner; and

(4) Shall place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person and that is in a location that is plainly visible to the patrons of the restaurant notifying the patrons of the policy of the restaurant allowing dogs in the outdoor dining area.

(c) A patron accompanied by a dog:

(1) Shall not allow the dog to travel through an indoor space of a restaurant to enter or exit an outdoor dining area;

(2) Shall keep the dog on a leash at all times with the patron at the table at which the patron is seated;

(3) Shall not leave the dog unattended at any time in the restaurant;

(4) Shall be an adult who is responsible for the behavior of the dog; and

(5) Shall be liable for any damages caused by the dog to the restaurant or any other patron of the restaurant.

(d) This section shall not affect the right of an individual to use a service animal as provided by the Rhode Island general laws.
R.I. Gen. Laws § 21-15-10 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-10
§ 21-15-10. Number three mackerel.
Status: in_force

Mackerel of the next inferior quality, free from taint or damage, not less than ten inches (10"), measured as provided in § 21-15-7, that shall not count more than five hundred (500) fish to the barrel, shall be branded Number three.
R.I. Gen. Laws § 21-15-12 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-12
§ 21-15-12. Stamping as to quality of mackerel.
Status: in_force

No person or persons shall sell or offer for sale any mackerel without having stamped, upon the barrel or covering containing the barrel, in a plain and legible manner the quality of the fish as classified in §§ 21-15-7  21-15-11.
R.I. Gen. Laws § 21-31-3 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-3
§ 21-31-3. Prohibited acts.
Status: in_force

The following acts and the causing of those acts within the state of Rhode Island are prohibited:

(1) The manufacture, sale, or delivery, or holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded.

(2) The adulteration or misbranding of any food, drug, device, or cosmetic.

(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proferred delivery of it for pay or otherwise.

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 21-31-12 or 21-31-16.

(5) The dissemination of any false advertisement.

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by § 21-31-21.

(7) The giving of a guaranty of undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state of Rhode Island from whom he or she received in good faith the food, drug, device, or cosmetic.

(8) The removal or disposal of a detained or embargoed article in violation of § 21-31-6.

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if that act is done while the article is held for sale and results in the articles being adulterated or misbranded.

(10) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using, any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter.

(11) The using, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that any application with respect to the drug is effective under § 21-31-16, or that the drug complies with the provisions of that section.

(12)(i) The possession of any habit-forming, toxic, harmful, or new drug subject to § 21-31-15(a)(11)(i) unless the possession of that drug has been obtained by a valid prescription of a practitioner licensed by law to administer those drugs; provided, that the provisions of this subdivision shall not be applicable to the delivery of those drugs to persons included in any of the classes named below, or to the agents or employees of these persons, for use in the usual course of their official duties, as the case may be, or to the possession of those drugs by these persons or their agents or employees for that use: (A) pharmacists; (B) practitioners; (C) persons who procure the drugs for disposition by or under the supervision of pharmacists or practitioners employed by them or for the purpose of lawful research, teaching, or testing, and not for resale; (D) hospitals or other institutions which procure the drugs for lawful administration by practitioners; (E) officers or employees of federal, state, or local governments; (F) manufacturers and wholesalers lawfully engaged in selling those drugs to authorized persons; and (G) common carriers and warehouse operators while engaged in lawfully transporting or storing the drugs for authorized persons.

(ii) The possession of a drug under paragraph (i) of this subdivision not properly labeled to indicate that possession is by a valid prescription of a practitioner licensed by law to administer the drug by any person not exempted under this chapter shall be prima facie evidence that the possession is unlawful; provided, that the provisions of this paragraph shall not be applicable where a portion of the whole amount of a drug lawfully obtained under the provisions of this chapter not in excess of an amount sufficient to meet the medical requirements of the patient in any twenty-four (24) consecutive hours, as indicated in the directions for use by the practitioner prescribing or dispensing the drug, is possessed in a container to suit the convenience of the patient.

(13) The sale of all unprocessed and/or uncooked fish, shellfish, and scallops by retail markets and other retailers without a label indicating whether the fish, shellfish, or scallops have ever been frozen.

(14) The making, issuing, or uttering of any false or forged prescription.

(15) The processing or selling or holding for sale of any distressed merchandise in this state without a permit from the director of health.

(16) The holding, selling, or offering for sale of any food (or drug) which has been condemned or voluntarily disposed of by action of the director of health.

(17) Use of the term native unless used as defined in § 21-31-2. The retail consumer has a right to know and the retailer shall provide upon request the origin of nonnative uncooked and/or unprocessed shellfish and/or scallops.
R.I. Gen. Laws § 21-30-7 — RI Code / Title 21 / Chapter 21-30 / Section 21-30-7
§ 21-30-7. Poisons subject to labeling and registration.
Status: in_force

The following substances are poisons subject to labeling as provided in § 21-30-6:

(1) Arsenic and its preparations.

(2) Carbolic acid.

(3) Corrosive sublimate.

(4) Cotton root and its preparations.

(5) Cyanide of potassium.

(6) Ergot and its preparations.

(7) Hydrocyanic acid.

(8) Opium and its preparations, paregoric excepted.

(9) Oxalic acid.

(10) Savin.

(11) Strychnia.

(12) Volatile oil of bitter almonds, of pennyroyal, of savin, and of tansy.

(13) Proprietary or secret medicines recommended, sold or advertised as emmenagogues and parturients.
R.I. Gen. Laws § 21-30-9 — RI Code / Title 21 / Chapter 21-30 / Section 21-30-9
§ 21-30-9. Adulteration of drugs.
Status: in_force

Every person who shall knowingly adulterate, or cause to be mixed with any foreign or inert substance, any drug or medicinal substance, or any compound medicinal preparation recognized by the pharmacopoeia of the United States or of other countries, as employed in medicinal practice, with the effect of weakening or destroying its medicinal power, or who shall sell the adulterated drug knowing it to be adulterated shall, in addition to the penalties prescribed in §§ 21-30-1 and 21-31-5, forfeit to the use of the state all adulterated articles found in that persons possession and shall be deprived of the right of practicing as a pharmacist in this state after this. Whenever a complaint shall be made of any violation of the provisions of this section, the board of pharmacy, on being notified of it, shall investigate the complaint, employing competent persons when necessary to make analysis of the articles alleged to be adulterated; and if the complaint shall be substantiated, the board shall assist in prosecuting the respondent.
R.I. Gen. Laws § 21-24-7 — RI Code / Title 21 / Chapter 21-24 / Section 21-24-7
§ 21-24-7. Appropriations and disbursements.
Status: in_force

The general assembly shall annually appropriate any sums that it may deem necessary to carry out the provisions of this chapter and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be required, upon receipt by him or her of proper vouchers approved by the director of health.
R.I. Gen. Laws § 21-23-6 — RI Code / Title 21 / Chapter 21-23 / Section 21-23-6
§ 21-23-6. Retailers exempt.
Status: in_force

The provisions of this chapter shall not apply to dealers at retail who purchase from the bottler of any carbonated or nonalcoholic beverage, soda water, fruit juice, bottled drinking water either plain or carbonated, or any other so-called soft drink.
R.I. Gen. Laws § 21-15-14 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-14
§ 21-15-14. Sale or export of pickled fish not approved and branded.
Status: in_force

Every person who shall offer for sale in or attempt to export from the state any pickled fish which have not been approved by a sworn packer, or in casks which are not branded as required in this chapter, shall be fined fifty dollars ($50.00) for each offense.
R.I. Gen. Laws § 21-37-3 — RI Code / Title 21 / Chapter 21-37 / Section 21-37-3
§ 21-37-3. Prohibited activities.
Status: in_force

(a) It shall be illegal for any person, partnership, corporation, or other entity to sell, give, provide, or otherwise supply powdered caffeine to any person under the age of twenty-one (21) years.

(1) Any person, partnership, corporation, or other entity located within or without the state of Rhode Island that violates § 21-37-3(a), shall be punished upon conviction:

(i) For a first offense, by a fine of up to five hundred dollars ($500);

(ii) For a second offense, by a fine of up to one thousand dollars ($1,000) and/or imprisonment of up to one year; and

(iii) For a third or subsequent offense, by a fine of up to three thousand dollars ($3,000) and/or imprisonment of up to three (3) years.

(b) Any person being under the age of twenty-one (21) years who possesses powdered caffeine may be punished upon conviction by a fine of up to five hundred dollars ($500) and may be ordered to perform up to thirty (30) hours of community service, and upon a second or subsequent violation hereof, may additionally be ordered to undergo a substance abuse assessment by a licensed, substance abuse professional.
R.I. Gen. Laws § 21-9-16 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-16
§ 21-9-16. Notice of minor violations  Warnings.
Status: in_force

Nothing in this chapter shall be construed as requiring the director of health to report for the institution of proceedings under this chapter minor violations of this chapter, whenever the director of health believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
R.I. Gen. Laws § 21-31-18 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-18
§ 21-31-18. Misbranded cosmetics.
Status: in_force

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any way.

(2) If in package form unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under paragraph (ii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the director of health.

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on it with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(4) If its container is made, formed, or filled as to be misleading.

(5) If its packaging or labeling is in violation of an applicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of the Poison Prevention Packaging Act.
R.I. Gen. Laws § 21-30-3 — RI Code / Title 21 / Chapter 21-30 / Section 21-30-3
§ 21-30-3. Labeling of wood alcohol.
Status: in_force

Any person who sells, exchanges, or delivers to another person any wood alcohol, sometimes known as methyl alcohol, shall affix to the vessel or container holding the wood alcohol a label bearing the words, Wood alcohol poison, printed or written on the vessel or container in letters not less than one-fourth of an inch (Â¼") in height, and in addition the words it is unlawful to use this fluid in any article of food or drink, or in any medicinal or toilet preparation, intended to be used internally or externally, printed or written on the vessel or container in letters not less than one-eighth of an inch ( ") in height. Any person violating the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
R.I. Gen. Laws § 21-13-6.1 — RI Code / Title 21 / Chapter 21-13 / Section 21-13-6.1
§ 21-13-6.1. Watering of poultry.
Status: in_force

It shall be unlawful for any person, firm, association, or corporation to sell or possess with intent to sell within this state any poultry or poultry product the moisture content of which exceeds the maximum permitted under federal rules or regulations of poultry or poultry products shipped in interstate commerce.
R.I. Gen. Laws § 21-9-15 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-15
§ 21-9-15. Violations reported to attorney general  Notice and hearing on violation.
Status: in_force

(a) It shall be the duty of the attorney general, to whom the director of health reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(b) Before any violation of this chapter is reported to the attorney general for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her views before the director of health or the directors designated agent, either orally or in writing, in person, or by attorney, with regard to the contemplated proceeding.
R.I. Gen. Laws § 21-18-5 — RI Code / Title 21 / Chapter 21-18 / Section 21-18-5
§ 21-18-5. Misbranded packages.
Status: in_force

For the purposes of this chapter, apples packed in a closed package shall be deemed to be misbranded:

(1) If the package fails to bear all statements required by § 21-18-2.

(2) If the package bears any statement, design, or device regarding the article or its contents which shall be false or misleading in any particular, or is falsely branded in any particular.
R.I. Gen. Laws § 21-27-7 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-7
§ 21-27-7. Enforcement  Prosecution of violations.
Status: in_force

It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of them. In these prosecutions the director shall not be required to enter into any recognizance nor to give surety for costs.
R.I. Gen. Laws § 21-31-11 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-11
§ 21-31-11. Misbranded food.
Status: in_force

A food shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any way.

(2) If it is offered for sale under the name of another food.

(3) If it is an imitation of another food for which a definition and standard of identity have been prescribed by regulations as provided by § 21-31-9; or if it is an imitation of another food that is not subject to subdivision (7) of this section, unless its label bears in type of uniform size and prominence, the word, imitation, and, immediately after it, the name of the food imitated.

(4) If its container is made, formed, or filled as to be misleading.

(5) If in package form, unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under paragraph (ii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the director of health.

(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on it with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(7) If it purports to be or is represented as a food for which a definition and standard of identity have been prescribed by regulations as provided by § 21-31-9, unless: (i) it conforms to the definition and standard, and (ii) its label bears the name of the food specified in the definition and standard, and, insofar as may be required by the regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food.

(8) If it purports to be or is represented as:

(i) A food for which a standard of quality has been prescribed by regulations as provided by § 21-31-9 and its quality falls below that standard unless its label bears, in the manner and form that the regulations specify, a statement that it falls below the standard; or

(ii) A food for which a standard or standards of fill of container have been prescribed by regulation as provided by § 21-31-9 and it falls below the standard of fill of container applicable to it, unless its label bears, in the manner and form that the regulations specify, a statement that it falls below the standard.

(iii) Fresh uncooked meat or meat food product for human consumption which consists wholly or in part of refrozen meat unless it is clearly labeled as refrozen.

(9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears labeling clearly giving: (i) the common or usual name of the food, if any, and (ii) in case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided, that to the extent that compliance with the requirements of paragraph (ii) of this subdivision is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the director of health; provided, that the requirements of paragraph (ii) of this subdivision shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by paragraph (ii) of this subdivision, to the director of health in an affidavit.

(10) If it purports to be or is represented for special dietary uses, unless its label bears the information concerning its vitamin, mineral, and other dietary properties that the director of health determines to be, and by regulations prescribes, as necessary in order to fully inform purchasers as to its value for those uses.

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by regulations promulgated by the director of health.

(12) If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded.

(13) If its packaging or labeling is in violation of an applicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of the Poison Prevention Packaging Act.
R.I. Gen. Laws § 21-27-11.3 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.3
§ 21-27-11.3. Qualifications for certification.
Status: in_force

Qualification for certification pursuant to §§ 21-27-11  21-27-11.4, shall be successful completion of an examination and a training course as defined in the regulations. The regulation may include a provision for acceptance of prior training and experience in lieu of a training course for managers currently employed in the food industry. The training course, instructors, and examinations used for certification shall be approved by the division. The passing score for the examination shall be established by the division.
R.I. Gen. Laws § 21-24-5 — RI Code / Title 21 / Chapter 21-24 / Section 21-24-5
§ 21-24-5. Investigative powers.
Status: in_force

For the purpose of enforcement of this chapter and the regulations in effect or adopted pursuant to this chapter, the director, or the officers or employees under his or her supervision as he or she may designate, is authorized to take samples for analysis and to conduct examinations and investigations, and to enter at reasonable times any factory, mill, bakery, warehouse, shop, or establishment where cereal flours, bread, rolls, or related products are manufactured, processed, packed, sold, or held, or any vehicle being used for their transportation, and to inspect the place or vehicle and any flours, bakery products, or related products in the place or vehicle, and all pertinent equipment, materials, containers, and labeling.
R.I. Gen. Laws § 21-27-11.2 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.2
§ 21-27-11.2. Application for certification.
Status: in_force

Any person who shall desire to be certified in food safety shall submit in writing, on any forms as provided by the division, an application for certification that shall be accompanied by an application fee as set forth in § 23-1-54, together with any other credentials that the rules and regulations and the division may require. There shall be no requirement for an instructor to hold a bachelors degree; provided that the instructor is certified by a nationally accredited food-safety-certification program recognized by the state, including, but not limited to, the ServSafe program of the National Restaurant Association.
R.I. Gen. Laws § 21-5-11 — RI Code / Title 21 / Chapter 21-5 / Section 21-5-11
§ 21-5-11. Testing for information only.
Status: in_force

This chapter shall not affect any person using any centrifugal or other machine or test to determine the composition or value of milk, cream, or milk products if that use or test is made for that persons information only, and not for purposes of inspection, or as a basis for payment in buying or selling.
R.I. Gen. Laws § 21-15-1 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-1
§ 21-15-1. Duties of packers.
Status: in_force

In every city or town in which pickled fish are packed for sale or exportation from the state, the packers of every city or town shall see that the fish have been properly pickled and that they are properly repackaged in casks, in good shipping order, with good salt sufficient in each cask to preserve the fish from damage in transportation to any foreign port.
R.I. Gen. Laws § 21-1-2 — RI Code / Title 21 / Chapter 21-1 / Section 21-1-2
§ 21-1-2. Definitions.
Status: in_force

(a) Unless the context otherwise requires, the words and phrases defined in this section are used in this chapter in the sense given them in the following definitions:

(1) Director means the director of health.

(2) Frozen food means and includes any article used for food or drink for man or other animals which has been: (i) processed, (ii) preserved, and/or (iii) packaged, and (iv) is destined for sale in a frozen state.

(b) Where the term and/or is used, either word shall apply as the context requires.
R.I. Gen. Laws § 21-9-2 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-2
§ 21-9-2. License required.
Status: in_force

It shall be unlawful for any person to directly or indirectly manufacture, sell, distribute, receive for distribution, or hold in his or her possession or control any frozen dessert or frozen dessert mix for distribution, sale, or resale without first obtaining a license to do so from the director of health. Application for a license shall be filed with the director of health on forms prescribed and furnished by the director. The application shall include, among other things, the location of each plant at which frozen desserts and/or frozen dessert mixes are to be manufactured into a form for distribution, sale, or resale and the brand name or names, if any, under which they are to be distributed, sold, or resold. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date.
R.I. Gen. Laws § 21-24-6 — RI Code / Title 21 / Chapter 21-24 / Section 21-24-6
§ 21-24-6. Penalties for violations.
Status: in_force

Any person who violates any of the provisions of this chapter or the orders, rules, or regulations promulgated by the director under authority of this chapter shall be subject to the provisions of chapter 1 of title 23 pertaining to violation of laws administered by the director of health or rules or regulations adopted pursuant to the directors authority.
R.I. Gen. Laws § 21-14-1 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-1
§ 21-14-1. Definitions.
Status: in_force

Unless otherwise specifically provided, the following definitions apply to this chapter:

(1) Approved means approved by the director.

(2) Department means the department of health.

(3) Director means the director of health or the directors duly appointed agents.

(4) Person means any individual, firm, partnership, association, or private or municipal corporation.

(5) Polluted area means and includes any shellfish grounds underlying waters which have been examined and found to be unfit for the production of shellfish for human consumption.

(6) Processing means and includes cleansing, mixing, opening, or packing shellfish which are to be offered for sale or sold.

(7) Shellfish means and includes oysters, mussels, and all varieties of clams.

(8) Shellfish business means and includes one of the following: processing, labeling, storing except in commercial warehouses, or transporting except by common carrier shellfish which are to be offered for sale or sold.

(9) Shellfish grounds means and includes all lands underlying waters within the rise and fall of the tide and the marine limits of the jurisdiction of the state.

(10) Taking means and includes gathering, digging, raking, tonging, or dredging of shellfish.
R.I. Gen. Laws § 21-2-53 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-53
§ 21-2-53. Powers of superior court in equity.
Status: in_force

In addition to any other remedy set forth in this chapter for the enforcement of the provisions of the chapter or any rule, regulation, order, or decision of the director, the superior court shall have jurisdiction in equity, upon a bill of complaint filed by the director or his or her authorized agents, to restrain or enjoin any person, his or her agents, and servants, from committing any act prohibited by this chapter or prohibited by any lawful rule, regulation, order, or decision of the director. If it is established upon hearing that any person charged, himself or herself or by his or her agents and servants, has been or is committing any act declared to be unlawful by this chapter or is in violation of any rule, regulation, order, and decision of the director, the court shall enter a decree enjoining that person, corporation, or trustee from further commission of that act or actions. In case of violation of an injunction issued under this section, the court or any judge of the court shall summarily try and punish the person, or his or her agents and servants, or both, for contempt of court. The existence of other civil or criminal remedies shall be no defense to this proceeding. The director, or his or her authorized agents, shall not be required in that proceeding to give or post a bond when making an application for an injunction, a restraining order, preliminary injunction, or permanent injunction under this section. The court may issue an ex parte restraining order, until further hearing, upon a reasonable showing ex parte that the respondent has been guilty of a violation, and shall have power to enter preliminary injunctions and grant other relief, pendente lite, which may pertain to equity and justice in the premises. All proceedings under this section, and any appellate proceedings which may follow, shall in all respects follow the course of equity.
R.I. Gen. Laws § 21-31-4 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-4
§ 21-31-4. Injunctions authorized.
Status: in_force

In addition to the remedies provided in this chapter the director of health is authorized to apply to the superior court for, and the court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of § 21-31-3, irrespective of whether or not there exists an adequate remedy at law.
R.I. Gen. Laws § 21-35-4 — RI Code / Title 21 / Chapter 21-35 / Section 21-35-4
§ 21-35-4. Contract and disclosure requirements at the time of delivery.
Status: in_force

The seller shall provide a receipt, for signature by the buyer, disclosing the following information:

(1) The identity of the item, and the net quantity of the contents in terms of either weight, measure, or count, as required by applicable law. The net weight of each food item delivered shall be within the limit specified in § 21-35-3(b)(1)(iii); and

(2) The item price and total sales price of each food and non-food item. The item price shall be the same as that specified on the item price list given to the buyer at the time of sale.
R.I. Gen. Laws § 21-9-3 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-3
§ 21-9-3. License fee.
Status: in_force

(a) The annual fees for the following licenses shall be as set forth in § 23-1-54:

(1) Instate wholesale frozen dessert processors;

(2) Out of state wholesale frozen dessert processors; and

(3) Retail frozen dessert processors.

(b) Where a retail frozen dessert processor is also registered as a food service establishment under § 21-27-10 within a single location, the business shall not be required to pay more than one single fee for the highest classified activity listed in § 21-27-10(e) or subsection (a) of this section.
R.I. Gen. Laws § 21-2-51 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-51
§ 21-2-51. Access of enforcement officers.
Status: in_force

The director and the directors duly authorized milk inspectors, deputies, and assistants, or any of them, shall have access, at all reasonable hours, to all premises and places where milk or milk products are produced, handled, or processed or where the process of pasteurization is carried on, for the purpose of the enforcement of the provisions of this chapter.
R.I. Gen. Laws § 21-2-29 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-29
§ 21-2-29. Standards to be maintained.
Status: in_force

All milk and milk products as defined in this chapter which are to be shipped, brought, carried, or transported into Rhode Island for sale, distribution, use, or processing in this state, shall come from animals that are of a substantially equal or higher health status as applied to brucellosis, tuberculosis, or other diseases as those animals located within Rhode Island from which milk is produced for sale, distribution, use, or processing.
R.I. Gen. Laws § 21-31-20 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-20
§ 21-31-20. Regulations promulgated by director  Hearing  Notice.
Status: repealed

(a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the director of health. The director of health is authorized to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act.

(b) Hearings authorized or required by this chapter shall be conducted by the director of health or any officer, agent, or employee that the director of health may designate for the purpose.

(c) Before promulgating any regulations contemplated by § 21-31-9, 21-31-11(10), 21-31-12, 21-31-15(a)(4), (6), (7), (8) and (11), or 21-31-19(b), the director of health shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation promulgated shall become effective on a date fixed by the director of health (which date shall not be prior to thirty (30) days after its promulgation). The regulation may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a regulation amending or repealing any regulation the director of health, to the extent that the director deems necessary in order to prevent undue hardship, may disregard the provisions regarding notice, hearing, or effective date in this subsection.
R.I. Gen. Laws § 21-9-21 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-21
§ 21-9-21. Persons exempt from licensing requirements.
Status: in_force

The provisions of §§ 21-9-2 and 21-9-12(1)(i) restricting the sale, possession, or control of any frozen dessert or frozen dessert mix to licensed persons shall not apply to the transfer of a frozen dessert or milk shake by a retailer to a purchaser, or to common carriers or to warehouse operators while engaged in lawfully transporting or storing the frozen desserts and/or frozen dessert mixes, or to any employee of any of those persons acting within the scope of his or her employment.
R.I. Gen. Laws § 21-18-4 — RI Code / Title 21 / Chapter 21-18 / Section 21-18-4
§ 21-18-4. Style of marking.
Status: in_force

The branding or marking of barrels, boxes, or baskets under the provisions of this chapter shall be in block letters and figures not less than one-half inch (Â½") in height. The director of environmental management shall prescribe rules and regulations as to the lettering to be used in branding or marking other packages.
R.I. Gen. Laws § 21-9-20 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-20
§ 21-9-20. Publication of court orders, judgments, and decrees  Dissemination of information.
Status: in_force

(a) The director of health may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition of it.

(b) The director of health may also cause to be disseminated information regarding frozen desserts and/or frozen dessert mixes that the director of health deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director of health from collection, reporting, and illustrating the results of the directors investigations.
R.I. Gen. Laws § 21-9-5 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-5
§ 21-9-5. Refusal, suspension, or revocation of licenses.
Status: in_force

The refusal, suspension, or revocation of any license shall be made in accordance with the Administrative Procedures Act, chapter 35 of title 42.
R.I. Gen. Laws § 21-20-7 — RI Code / Title 21 / Chapter 21-20 / Section 21-20-7
§ 21-20-7. Exemptions.
Status: in_force

When products are grown or produced on a Rhode Island farm and sold or offered for sale at the farm, roadside stands, farmers markets or pick-your-own operations located in Rhode Island, the products may be sold or offered for sale by weight, dry measure or count, provided, that they are clearly marked as to the method of sale being used.
R.I. Gen. Laws § 21-26-2 — RI Code / Title 21 / Chapter 21-26 / Section 21-26-2
§ 21-26-2. Testing and certification  Fee.
Status: in_force

Every inspector shall, whenever requested, test any of the articles which shall be presented to him or her for inspection, and shall give his or her certificate to any person applying for it, whether the article is impure or adulterated, and for every certificate the inspector shall be entitled to the sum of two dollars ($2.00).
R.I. Gen. Laws § 21-23-7 — RI Code / Title 21 / Chapter 21-23 / Section 21-23-7
§ 21-23-7. Inspections and reports.
Status: in_force

It shall be the duty of the department of health to make at least quarterly inspections of all places or premises for which permits are issued and a report kept on file at the office of the department of health as to the sanitary condition maintained by the bottler. The department shall make inspections at any time it shall determine.
R.I. Gen. Laws § 21-22-6 — RI Code / Title 21 / Chapter 21-22 / Section 21-22-6
§ 21-22-6. Penalties for violations.
Status: in_force

Any person violating the provisions of this chapter shall be subject to the penalties prescribed in chapters 1, 17, 23, and 30 of this title for like offenses.
R.I. Gen. Laws § 21-2-57 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-57
§ 21-2-57. Severability.
Status: in_force

In the event that any provision of this chapter or the application of it to any person or circumstance shall be held invalid, that invalidity shall not affect the provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are declared to be severable.
R.I. Gen. Laws § 21-15-3 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-3
§ 21-15-3. One kind of fish in cask.
Status: in_force

Pickled fish, whether codfish, mackerel, menhaden, herrings, or other fish, shall be sorted and one kind only be put into the same cask.
R.I. Gen. Laws § 21-2-7.1 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-7.1
§ 21-2-7.1. Rhode Island raw milk cheese.
Status: in_force

It shall be lawful to produce in this state for sale raw milk cheese, as defined in § 21-2-3, provided that for the facility for making of such raw milk cheese, an in-state processors permit is obtained pursuant to § 21-2-7. The fee for such permit shall be in accordance with the provisions of § 23-1-54 for permits issued pursuant to § 21-2-7(g)(1), and the facility where the cheese is made shall comply with applicable standards, administered by the director, for a food business, that are reasonable and appropriate for a facility of this type and nature.
R.I. Gen. Laws § 21-2-19 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-19
§ 21-2-19. Inspections and inspectors.
Status: in_force

The operations and facilities of all permittees located in the state of Rhode Island shall be inspected by the director or a milk inspector subordinate to the director at least twice each year. The operations and facilities of all permittees located outside the state of Rhode Island shall likewise be inspected by the director or a milk inspector subordinate to the director at least twice a year; provided, that in the event that the director shall be satisfied that the entire inspection service of another state shall be adequate and reliable to ensure compliance with the provisions of this chapter on the part of producers, milk haulers, or permittees in another state, or in the event that he or she shall be satisfied as to the reliability of any one or more individual inspectors located in another state to ensure compliance, he or she may certify the service or the inspectors, as the case may be, to make the inspections of the operations and facilities of out-of-state permittees located in another state required under this section and required as a condition precedent to the issuance of permits in the first instance.
R.I. Gen. Laws § 21-31-13 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-13
§ 21-31-13. Poisonous or deleterious substance  Regulations as to use.
Status: in_force

(a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production of it or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 21-31-10(1)(ii); but when a substance is required or cannot be avoided, the director of health shall promulgate regulations limiting the quantity in it or on it to the extent that the director of health finds necessary for the protection of public health, and any quantity exceeding the limits fixed shall also be deemed to be unsafe for purposes of the application of § 21-31-10(1)(ii). While a regulation is in effect limiting the quantity of any substance in the case of any food, that food shall not, by reason of bearing or containing any added amount of the substance, be considered to be adulterated within the meaning of § 21-31-10(1)(i). In determining the quality of the added substance to be tolerated in or on different articles of food, the director of health shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.

(b) To assist the director in carrying out his or her responsibilities under this section, the director is authorized to collect food samples and to provide laboratory analyses to further the purposes of this chapter.
R.I. Gen. Laws § 21-14-14 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-14
§ 21-14-14. Powers of enforcement agents.
Status: in_force

All agents appointed pursuant to § 21-14-13, by virtue of their appointment and until these appointments shall be cancelled and revoked, may seize all shellfish in possession of any person violating the provisions of this chapter, and may make complaints for the violations, and in any complaint they shall not be required at the time of complaint or after this to enter into recognizance or in any way to become liable for the costs that may accrue on the complaint.
R.I. Gen. Laws § 21-22-2 — RI Code / Title 21 / Chapter 21-22 / Section 21-22-2
§ 21-22-2. Artificial coloring prohibited  Acetic acid and vinegar solid requirements.
Status: in_force

All vinegars shall be without artificial coloring matter, and shall contain not less than four grams (4 gs.) of acetic acid in one hundred grams (100 gs.) of the vinegar. Cider vinegar shall contain in addition to four grams (4 gs.) of acetic acid not less than one and six-tenths grams (1.6 gs.) of cider vinegar solids in one hundred grams (100 gs.) of the vinegar. If any vinegar contains any artificial coloring matter, or less than the amount of acidity required by this section, or, in the case of a cider vinegar, if it contains less than the amount of acidity or cider vinegar solids required by this section, it shall be deemed to be an adulteration within the meaning of this chapter.
R.I. Gen. Laws § 21-25-5 — RI Code / Title 21 / Chapter 21-25 / Section 21-25-5
§ 21-25-5. Prosecution of violations.
Status: in_force

It shall be the duty of the director of health to prosecute any person, firm, or corporation violating any of the provisions of this chapter, and the director when making a complaint shall not be required to give surety for the payment of costs.
R.I. Gen. Laws § 21-30-2 — RI Code / Title 21 / Chapter 21-30 / Section 21-30-2
§ 21-30-2. Prosecution of violations.
Status: in_force

It shall be the duty of the department of health to prosecute any person, firm, or corporation violating the provisions of § 21-30-1, and the director or any other duly authorized agent of the department making a complaint shall not be required to give surety for the payment of costs.
R.I. Gen. Laws § 21-31-14 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-14
§ 21-31-14. Adulterated drug or device.
Status: in_force

A drug or device shall be deemed to be adulterated:

(1) If: (i) it consists in whole or in part of any filthy, putrid, or decomposed substance; (ii) it has been produced, prepared, packed, or held under unsanitary conditions by which it may have been contaminated with filth, or by which it may have been rendered injurious to health; (iii) it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (iv) it is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the Federal Act.

(2) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. A determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the Federal Act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision because it differs from the standard of strength, quality, or purity set forth in an official compendium, if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia.

(3) If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.

(4) If it is a drug and any substance has been: (i) mixed or packed with it so as to reduce its quality or strength; or (ii) substituted wholly or in part for it.
R.I. Gen. Laws § 21-33-5.1 — RI Code / Title 21 / Chapter 21-33 / Section 21-33-5.1
§ 21-33-5.1. Exemptions.
Status: in_force

The following are exempt from the provisions of this chapter:

(1) All persons, firms, or corporations whose principal business activity is the sale at retail of bakery products and who or which prepare and offer for sale packaged bakery products in the same premises.

(2) All persons, firms, or corporations whose principal business activity is the sale at retail of bakery products and who or which prepare packaged bakery products in premises within the state of Rhode Island, and who or which transport or deliver these products for sale to retail sales stores or premises within the state of Rhode Island, which retail sales stores or premises are under the supervision and controls of the person, firm, or corporation who or which prepare the products.
R.I. Gen. Laws § 21-21-6 — RI Code / Title 21 / Chapter 21-21 / Section 21-21-6
§ 21-21-6. Sale of mixed oils so labeled.
Status: in_force

Nothing contained in this chapter shall prevent the sale of olive oil, which has been mixed with cotton seed oil or other substance when the can, jar, package, or container in which the mixed olive oil is so stamped or labeled.
R.I. Gen. Laws § 21-33-3 — RI Code / Title 21 / Chapter 21-33 / Section 21-33-3
§ 21-33-3. Sales after pull date permitted.
Status: in_force

Any provision to the contrary notwithstanding, packaged bakery products may be sold after their pull date, provided, that:

(1) The products are segregated from products which have not passed their pull date; and

(2) Shelf markers or placards, or markings on the individual packages clearly identify the products as being offered for sale past date.
R.I. Gen. Laws § 21-14-15 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-15
§ 21-14-15. Penalties for violations.
Status: in_force

Persons convicted of violating any of the provisions of this chapter or the regulations adopted in accordance with this chapter shall be punished:

(1) By a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense;

(2) By a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and

(3) By a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) for a third or subsequent offense.
R.I. Gen. Laws § 21-22-1 — RI Code / Title 21 / Chapter 21-22 / Section 21-22-1
§ 21-22-1. False representation as cider vinegar.
Status: in_force

No person shall by himself or herself, his or her servant or agent, or as the servant or agent of any other person, sell, exchange, or have in his or her custody or possession, with intent to sell or exchange, or expose or offer for sale or exchange, any adulterated vinegar, or label, brand, or sell as cider vinegar any vinegar not made exclusively from apple cider.
R.I. Gen. Laws § 21-9-14 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-14
§ 21-9-14. Enforcement of chapter.
Status: in_force

The director of health is authorized and directed to:

(1) Administer and supervise the enforcement of this chapter;

(2) Provide for any inspections and investigations that may be necessary to disclose violation;

(3) Receive and provide for the investigation of complaints; and

(4) Provide for the institution and prosecution of civil or criminal actions or both.
R.I. Gen. Laws § 21-14-3 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-3
§ 21-14-3. Sanitary regulations.
Status: in_force

The director shall adopt any regulations regarding sanitation as he or she shall deem necessary with reference to the conduct of a shellfish business. The director shall also adopt any regulations as he or she deems necessary to assure the sanitary quality of shellfish brought into this state for sale in this state.
R.I. Gen. Laws § 21-5-12 — RI Code / Title 21 / Chapter 21-5 / Section 21-5-12
§ 21-5-12. Inspectors and assistants.
Status: in_force

The director shall employ and prescribe the duties of inspectors and assistants in enforcing the provisions of this chapter.
R.I. Gen. Laws § 21-15-13 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-13
§ 21-15-13. Sales and shipments by fishermen unaffected.
Status: in_force

Nothing in this chapter shall be construed as to prevent any fishermen or owners of fish, coming to this state from their fishing trips, from selling or reshipping their fish to any other of the United States without being packed into barrels or half barrels.
R.I. Gen. Laws § 21-1-8 — RI Code / Title 21 / Chapter 21-1 / Section 21-1-8
§ 21-1-8. Notice of minor violations  Warnings.
Status: in_force

Nothing in this chapter shall be construed as requiring the director to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the director believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
R.I. Gen. Laws § 21-2-10 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-10
§ 21-2-10. Issuance of temporary permits.
Status: in_force

In any case where a milk plant located outside of the state of Rhode Island shall make application in the first instance for a permit, the director may, in his or her absolute discretion, after taking any measures that he or she shall deem necessary to investigate the health of the animals furnishing milk to the plant, their facilities, and the facilities of the plant and/or the quality of milk of the applicant, as the circumstances shall require, issue a temporary permit which shall permit the milk plant to sell or process milk, as the case may be, for ultimate sale in the state of Rhode Island. No temporary permit shall extend for a period in excess of thirty (30) days.
R.I. Gen. Laws § 21-11-10 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-10
§ 21-11-10. Enforcement  Prosecution of violations.
Status: in_force

It shall be the duty of the director of health or the directors duly appointed agents to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of it. In all prosecutions the director, or his or her duly appointed agents, shall not be required to enter into any recognizance or to give surety for costs.
R.I. Gen. Laws § 21-19-3 — RI Code / Title 21 / Chapter 21-19 / Section 21-19-3
§ 21-19-3. Grades.
Status: in_force

The United States grades for potatoes as promulgated by the United States Department of Agriculture are made the official grades for purposes of this chapter.
R.I. Gen. Laws § 21-19-1 — RI Code / Title 21 / Chapter 21-19 / Section 21-19-1
§ 21-19-1. Definitions.
Status: in_force

(a) Grade or grades means the standards for potatoes established by the United States Department of Agriculture and promulgated by the director of environmental management as the official grades of potatoes for Rhode Island under the authority of § 21-20-5.

(b) Person or persons as used in this chapter includes individuals, corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of that persons employment or office shall also be deemed to be the act, omission, or failure of the corporation, company, society, or association.

(c) Plainly and conspicuously means that the lettering used to convey information required by law on containers shall be legible enough so as not to be obscured by other markings or illustrations used. Grade terms shall be in block letters three-eighths inch ( ") or larger in height.
R.I. Gen. Laws § 21-9-1 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-1
§ 21-9-1. Definitions.
Status: in_force

(a) Unless the context otherwise requires, the words and phrases defined in this section are used in this chapter in the sense given them in the following definitions:

(1) Advertise means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of frozen desserts and/or frozen dessert mixes.

(2) Director of health means the director of health of Rhode Island.

(3) Frozen dessert mix means any unfrozen mixture that can be used in the manufacture of frozen desserts or freezer milk shakes and substitutes or imitations of them offered for sale or resale.

(4) Frozen dessert plant means any building, establishment, place, or premises or any part of it where frozen desserts and/or frozen dessert mixes are manufactured into a form for distribution, and any building, establishment, place, or premises or any part of it where equipment for the manufacture of frozen desserts and/or frozen dessert mixes is washed, sterilized, kept, or maintained.

(5) Frozen desserts are products to be consumed in frozen form and include, but not be limited to: ice cream and frozen custard, ice milk, sherbet, non-fruit sherbet, water ice, non fruit water ice, mellorine, goats milk ice cream and goats milk ice milk, frozen yogurt, frozen lowfat or lowfat frozen yogurt, frozen nonfat yogurt or nonfat frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, frozen dietary dairy dessert, dietary frozen dessert, manufactured desserts mix, freezer made shake, freezer made milk shake, parevine, lo-mel, lactose reduced ice cream, lactose reduced ice milk, other similar frozen products, substitutes, and imitations of them.

(6) Labeling means all labels and other written, printed, or graphic matter: (i) upon a frozen dessert and/or frozen dessert mix or any of its container or wrappers, or (ii) accompanying such products.

(7) Manufacture means assemble, process, prepare, produce, and/or convert.

(8) Misleading means that if an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, work, design, device, sound, or in any combination of them, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under any conditions of use that are customary or usual.

(9) Mobile unit means any vehicle on which frozen desserts are manufactured and which is used for the sale of frozen desserts and/or freezer milk shakes to the consumer.

(10) Mobile unit depot means a building from which a mobile unit operates and where it is sanitized.

(11) Person includes one or more individuals, a firm, partnership, corporation, or association.

(12) Retail manufacturer means a person who manufactures frozen desserts for sale at retail and who is not a wholesale manufacturer as defined by this chapter.

(13) Sale means any and every transaction including the barter, dispensing, distributing, delivering, serving, giving away, offer for sale, exposing, storing, or any other possession of frozen desserts and/or frozen dessert mixes by any person whether as principal, proprietor, agent, servant, or employee where the products are subject to transfer to another person.

(14) Wholesale manufacturer means a person who manufactures frozen desserts and/or frozen dessert mixes for distribution to a second person for redistribution or for manufacturing purposes.

(b) Where the term and/or is used, either word shall apply as the context requires.

(c) Definitions and standards of identity for frozen desserts and frozen dessert mixes shall be established by regulations promulgated by the director of health under the authority of § 21-9-13.
R.I. Gen. Laws § 21-2-8 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-8
§ 21-2-8. Issuance of permits.
Status: in_force

(a) General Requirements. The director shall issue a permit as required in § 21-2-7 of any type or kind only after receipt by him or her of a written application upon a form furnished by the director and setting forth any information concerning the applicant and his or her operation and facilities that the director may by regulation require. No permit shall be issued except on the basis of an inspection of the applicants operation and facilities by a milk inspector of the department of health, if the applicants place of business or operation is located in the state of Rhode Island, or if located outside the state, upon the basis of an inspection by a milk inspector of the department or by some person or agency outside of the state of Rhode Island but qualified and approved by the director to make inspections of the type required in the state where the applicants operation or facilities are located. The permit shall issue only after the foregoing conditions and those special conditions, if any, as may be required in the case of any particular type of permit provided in this chapter, shall have been complied with. Every permit shall be granted upon the express condition that the applicant shall at all times conduct his or her operations and maintain his or her facilities in accordance with: (1) the requirements of this chapter, (2) all regulations of the director promulgated in accordance with the provisions of this chapter, and (3) the terms of § 21-4.1-6.

(b) Rhode Island milk producers permit. A milk producers permit shall issue only after the director shall have ascertained that, according to the records of the department, the applicant is currently complying with the provisions of chapters 4  7 of title 4.

(c) Distributors permit. No distributors permit shall be required in the case of retail stores purchasing milk finally bottled or packaged from a permittee under this statute for resale at retail to the ultimate consumer within the state of Rhode Island, but it shall be unlawful for any distributor to sell milk or have milk in his or her possession to sell which has not been processed by a person holding a permit from the director.

(d)(1) Out-of-state milk plant permit. An out-of-state milk plant permit shall be issued by the director only after he or she has received from the applicant for a milk plant permit a statement in writing in an approved form that the applicant agrees, as a condition precedent to the issuance of the permit, that his or her milk plant may be inspected at any time by the director or by milk inspectors of the state of Rhode Island and/or by any other inspectors approved by the director under the provisions of this chapter to make inspections in the state where the milk plant may be located, and that the director and his or her designated agents and representatives may at all reasonable times have access to the books and records of the milk plant for the purpose of enforcing compliance on the part of the applicant with the provisions of this chapter.

(2) Out-of-state milk plants shall meet the provisions of the regulations established by the director to sell, continue to sell, or offer for sale grade A milk or milk products in the state of Rhode Island. The regulations shall be consistent with the Federal Pasteurized Milk Ordinance.
R.I. Gen. Laws § 21-11-9 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-9
§ 21-11-9. Penalties for violations.
Status: in_force

Any person, firm, association, or corporation violating any of the provisions of this chapter or the regulations authorized by this chapter shall be punished:

(1) By a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense;

(2) By a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and

(3) By a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) or by both the fine and imprisonment for a third or subsequent offense.
R.I. Gen. Laws § 21-27-11 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11
§ 21-27-11. Certification of managers in food safety.
Status: in_force

In order to protect the health, safety, and welfare of the public there shall be a certification procedure for managers in food safety and requiring the employment of managers certified in food safety by food establishments.
R.I. Gen. Laws § 21-15-11 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-11
§ 21-15-11. Number four mackerel.
Status: in_force

All other mackerel, free from taint or damage, shall be branded Number four.
R.I. Gen. Laws § 21-2-21 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-21
§ 21-2-21. Inspectors and assistants.
Status: in_force

The director shall employ any inspectors and assistants in enforcing the provisions of this chapter as he or she shall deem necessary and may delegate to them any powers possessed by him or her under the provisions of this chapter except those conferred upon him or her by §§ 21-2-11, 21-2-23, and 21-2-29 and which he or she is not in those sections specifically authorized to delegate.
R.I. Gen. Laws § 21-2-22 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-22
§ 21-2-22. Inspection of animals and milk.
Status: in_force

(a) Responsibility for the inspection of herds and animals of milk producers within the state of Rhode Island shall be imposed upon the director of environmental management who shall enforce compliance on the part of Rhode Island producers with the provisions of, and as provided in chapters 4, 5, 6, and 7 of title 4. With respect to the herds of producers of milk sold or destined for sale in the state of Rhode Island whose herds or establishments are located outside the state, it shall be the duty of the director of environmental management, either personally or through the directors subordinates or veterinarians or technicians approved by the director, to make inspection of the herds and animals, wherever located, to assure himself or herself that they comply in all respects with the same requirements pertaining to the herds and animals of Rhode Island producers under the provisions of chapters 4, 5, 6, and 7 of title 4, or in the event that the director is satisfied as to the competence and reliability of an entire inspection service or of individual inspectors of cattle available in the state where the herds or establishments of the out-of-state producers are located, he or she may approve the service or the inspectors, as the case may be, and solicit and accept the certification of those inspectors to the health of the herds and animals of out-of-state producers furnishing milk to out-of-state milk plant permittees and compliance with the standards provided for Rhode Island producers; provided, that in the case of any producer outside of the state of Rhode Island who desires certification for the production of grade A milk, all inspections for animal disease and compliance with the provisions of chapters 4, 5, 6, and 7 of title 4, and for compliance with the requirements for grade A producers provided in § 21-2-6(b)  (d), shall be made by the director of health himself or herself, his or her own subordinates, or by veterinarians or technicians approved by him or her. It shall be the duty of the director of health to procure any necessary information with respect to the herds of producers located outside the state of Rhode Island, milk from which is processed or sold in Rhode Island, required to ensure that the herds substantially comply with the same requirements as in the case of Rhode Island producers imposed upon them by the provisions of chapters 4, 5, 6, and 7 of title 4.

(b) The director of the department of environmental management shall provide all information and reports necessary to the director of department of health for the enforcement of chapter 6.1 of title 4 and this chapter.
R.I. Gen. Laws § 21-32-2 — RI Code / Title 21 / Chapter 21-32 / Section 21-32-2
§ 21-32-2. Enforcement  Penalty.
Status: in_force

The director of environmental management shall enforce this chapter. Any person who violates any provision of this chapter shall be fined not more than twenty-five dollars ($25.00) for each violation.
R.I. Gen. Laws § 21-37-1 — RI Code / Title 21 / Chapter 21-37 / Section 21-37-1
§ 21-37-1. Legislative findings and purpose.
Status: in_force

(a) Caffeine is a known alkaloid found in cocoa, coffee, tea, kola nuts, and is naturally present in more than sixty (60) plants. While generally used as a stimulant, it does not actually provide energy, but on the contrary, provides the illusion of energy. While caffeine can be found naturally, powdered caffeine is manufactured in a laboratory setting, and if used in small doses, can be used safely to caffeinate medicines, food, and soft drinks. When used in high doses however, caffeine can raise the users blood pressure, cause heartburn, dehydration, and can lead to seizures, erratic heartbeats, and in some cases, death.

(b) Currently, powdered caffeine is not regulated by the Food and Drug Administration, and it is the purpose of this chapter to promote the health and safety of the consumers, particularly minors, by regulating the sale, possession, and use of powdered caffeine within the state of Rhode Island.
R.I. Gen. Laws § 21-2-30 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-30
§ 21-2-30. Information to be furnished to director.
Status: in_force

Every person engaged in the business of producing, handling, transporting, processing, packaging, selling, or distributing milk in Rhode Island shall upon request furnish the director, whenever requested by the director, the following information: (1) full name and place of business; (2) number of quarts of milk handled weekly by him or her or it; and (3) the names and addresses of all producers, milk haulers or milk plants supplying milk to him or her. Every milk plant holding a Rhode Island milk plant permit shall report coincidentally with and by means of a copy of any report which he or she makes, or is required to make, to the federal milk marketing administrator whenever he or she shall have added or dropped a milk producer.
R.I. Gen. Laws § 21-11-8 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-8
§ 21-11-8. Federally inspected meat exempt.
Status: in_force

Nothing in this chapter shall be construed to prevent the sale or possession of the carcass of any animal or part of the carcass or any meat, meat product, or meat food product which has been inspected and passed by the agricultural research service of the United States Department of Agriculture.
R.I. Gen. Laws § 21-2-5 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-5
§ 21-2-5. Analysis of raw milk by private milk laboratories.
Status: in_force

(a) Each milk plant engaged in processing milk shall, at least once in each calendar month, either through its own agents or through its milk haulers, collect, preserve, and submit to a private milk laboratory for analysis a sample or samples of the milk of each producer supplying milk to the milk plant. The laboratory shall determine the bacterial counts of the sample, both as raw milk and after pasteurization in the laboratory, the determination to be made by the standard plate count method, as well as a determination for any harmful substances that the director may by regulation require, and shall keep a record of these findings for a period of not less than one year following the findings which shall be open to inspection by the director or any milk inspector. The laboratory shall make a report to the milk plant submitting the sample with respect to each determination.

(b) The director may by regulation require any milk plant to submit samples of milk after pasteurization in the plant to a private laboratory for analysis for the purpose of ascertaining bacterial counts or the presence of harmful substances or organisms as the director may require, and the laboratory shall make its reports on its analysis available to the director in the same manner as with respect to samples of raw milk submitted by producers.

(c) Regulations promulgated by the director pursuant to this section requiring sampling by a private milk laboratory shall not impose an unreasonable burden on milk plants. The director may in his or her discretion engage private laboratories to perform any additional tests that he or she may require in the event the expense of the tests constitutes an unreasonable burden on milk plants. The director may by regulation require producers of raw milk cheese to submit samples of unpasteurized milk for said analysis.
R.I. Gen. Laws § 21-19-2 — RI Code / Title 21 / Chapter 21-19 / Section 21-19-2
§ 21-19-2. Scope of chapter.
Status: in_force

The provisions of this chapter shall apply to all shipments, packages, containers, or displays in which potatoes are packed, distributed, sold, or offered or exposed for sale except as otherwise provided in this chapter.
R.I. Gen. Laws § 21-22-4 — RI Code / Title 21 / Chapter 21-22 / Section 21-22-4
§ 21-22-4. Complaints for violations.
Status: in_force

It shall be the duty of the director of health to make complaint for all violations of this chapter, and the director shall not be required to give surety for costs.
R.I. Gen. Laws § 21-17-7 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-7
§ 21-17-7. False representations as to grade or size  Sale of inedible eggs.
Status: in_force

No person, firm, or corporation shall falsely advertise, falsely label, or falsely represent in any manner the grade or size of eggs sold or offered for sale in Rhode Island. The sale of inedible eggs for human consumption as defined under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., is prohibited. The sale of restricted eggs as defined by the federal Egg Products Inspection Act, 21 U.S.C. § 1031 et seq., is prohibited to retailers.
R.I. Gen. Laws § 21-36-4 — RI Code / Title 21 / Chapter 21-36 / Section 21-36-4
§ 21-36-4. Powers and duties.
Status: in_force

(a) The council shall examine issues regarding the identification and development of solutions to regulatory and policy barriers to developing a strong sustainable food economy and healthful nutrition practices.

(b) The council shall collaborate with other task forces, committees, or organizations that are pursuing initiatives or studies similar to the purposes and duties outlined in this chapter.

(c) The council shall collaborate with, serve as a resource to, and receive input from food policy councils in the state.

(d) The council shall examine any other program and policy issues the council considers pertinent.
R.I. Gen. Laws § 21-33-6 — RI Code / Title 21 / Chapter 21-33 / Section 21-33-6
§ 21-33-6. Enforcement  Penalty for violations.
Status: in_force

The director of health shall enforce this chapter. Any person, firm, or corporation who or which violates any of the provisions of this chapter shall, upon conviction, be fined not more than twenty-five dollars ($25.00) for each violation.
R.I. Gen. Laws § 21-27-2 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-2
§ 21-27-2. Food businesses required to comply.
Status: in_force

No person shall operate any food business within this state except in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter.
R.I. Gen. Laws § 21-31-19 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-19
§ 21-31-19. False advertising.
Status: in_force

(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) For the purpose of this chapter the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Brights disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) of this section shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices; provided, that whenever the director of health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the director of health shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for that disease, subject to any conditions and restrictions that the director of health may deem necessary in the interests of public health; provided, that this subsection shall not be construed as indicating that self-medication for diseases other than those named in this section is safe and efficacious.
R.I. Gen. Laws § 21-30-4 — RI Code / Title 21 / Chapter 21-30 / Section 21-30-4
§ 21-30-4. Sale or possession of wood alcohol with unlawful intent.
Status: in_force

Any person who sells, exchanges, or delivers or has in his or her possession with intent to sell, exchange, or deliver any article of food or drink, or any drug, intended for external or internal use, or perfumes or toilet articles, containing any wood alcohol, sometimes known as methyl alcohol, shall be punished by a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500), or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
R.I. Gen. Laws § 21-36-5 — RI Code / Title 21 / Chapter 21-36 / Section 21-36-5
§ 21-36-5. Reporting requirements.
Status: in_force

The council shall provide a written report to the general assembly by March 30 of each year regarding its activities for the preceding calendar year.
R.I. Gen. Laws § 21-14-13 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-13
§ 21-14-13. Appointment of enforcement agents.
Status: in_force

The director may appoint as his or her agents any subordinate officers and employees in the department that may to him or her seem desirable and may assign to these agents the functions vested in the department for the preservation and enforcement of sanitary regulations in and around shellfish packing houses.
R.I. Gen. Laws § 21-21-5 — RI Code / Title 21 / Chapter 21-21 / Section 21-21-5
§ 21-21-5. Access to premises  Taking and analysis of specimens.
Status: in_force

The director of health or the directors officer or agent may enter any place where olive oil is packed, labeled, distributed, or offered for sale for the purpose of examining into any suspected violation of §§ 21-21-2 and 21-21-3; and whenever the director has reason to believe that any olive oil is being packed, labeled, distributed, or offered for sale in violation of §§ 21-21-2 and 21-21-3, he or she shall take specimens of the oil and cause the specimens to be analyzed or satisfactorily tested, the result of which he or she shall record and preserve as evidence, and a certificate of the result, sworn to by the analyzer, shall be admissible in evidence in all prosecutions under this chapter. Every person refusing the director or other officer or agent responsible entry for the purpose of examination, or refusing to allow him or her to take specimens, shall, upon conviction, be fined a sum not exceeding fifty dollars ($50.00).
R.I. Gen. Laws § 21-18-6 — RI Code / Title 21 / Chapter 21-18 / Section 21-18-6
§ 21-18-6. Standard barrel and bushel.
Status: in_force

The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: length of stave, twenty-eight and one-half inches (281/2"); diameter of heads, seventeen and one-eighth inches (171/8"); distance between heads, twenty-six inches (26"); circumference of bulge, sixty-four inches (64"), outside measurements; and the thickness of staves not greater than four-tenths of an inch (4/10"); provided that any barrel of a different form having a capacity of seven thousand fifty-six cubic inches (7,056 cu. in.) shall be a standard barrel. The standard bushel box or standard bushel basket for apples shall be a container having a capacity of not less than one United States standard bushel or two thousand one hundred fifty and forty-two one-hundredths cubic inches (2,150.42 cu. in.). Containers for apples other than the standard barrel or bushel shall be marked in terms of cubical capacity or count.
R.I. Gen. Laws § 21-11-6.1 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-6.1
§ 21-11-6.1. Watering of meat.
Status: in_force

It shall be unlawful for any person, firm, association, or corporation to sell or possess with intent to sell within this state any meat the moisture content of which exceeds the maximum permitted under federal rules or regulations for meat shipped in interstate commerce.
R.I. Gen. Laws § 21-15-7 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-7
§ 21-15-7. Grading of mackerel  Bloaters.
Status: in_force

There shall be five (5) qualities of mackerel. Mackerel of the best quality, not mutilated, measuring not less than fourteen inches (14") from the extremity of the head to the notch or fork of the tail, free from rust, taint, or damage, and that shall count not more than one hundred fifty (150) fish to the barrel, shall be branded on the barrel or covering containing them Bloaters.
R.I. Gen. Laws § 21-27-5 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-5
§ 21-27-5. Notice to cease business.
Status: in_force

Whenever the director deems it necessary in the interests of public health to cause any food business to cease operating the director may do so by serving written notice upon the owner or manager of the food business; provided, that before the notice is given the owner or manager shall have been given an opportunity to show cause why the food business should not cease operating. Written notice to cease operating a food business shall remain in effect until the director serves further notice permitting the resumption of operation of the food business. The director may obtain relief in equity or by prerogative writ whenever this relief shall be necessary in the proper performance of his or her duties under this section.
R.I. Gen. Laws § 21-14-11 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-11
§ 21-14-11. Enforcement  Prosecution of violations.
Status: in_force

It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of them. In all prosecutions pursuant to this section the director shall not be required to enter into any recognizance nor to give surety for costs.
R.I. Gen. Laws § 21-2-6 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-6
§ 21-2-6. Grade A dairy farm permit holders.
Status: in_force

(a) All grade A dairy farms shall be inspected at least two (2) times each year by the department of health. If the grade A dairy farm is located outside of the state, the department may accept the inspection of some person or agency outside of the state of Rhode Island who has been qualified and approved by the director to make the inspection.

(b) Every grade A dairy farm permit holder shall be equipped with a bulk storage and pickup tank with suitable and adequate cooling equipment, and no grade A raw milk for pasteurization from grade A dairy farms shall be picked up in cans.

(c) No milk sold or shipped by a grade A dairy farm permit holder as grade A raw milk for pasteurization shall be commingled in any manner with milk or milk products of any other grade if it is to be sold as grade A pasteurized milk.

(d) The director of health shall be responsible for the enforcement of this section.
R.I. Gen. Laws § 21-2-31 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-31
§ 21-2-31. Labeling of containers of milk and milk products.
Status: in_force

(a) All containers in or from which milk or milk products are sold or offered for sale shall bear a label in accordance with regulations adopted under this chapter.

(b) All labels or marks shall be displayed in the manner and include any matters as shall be prescribed by the rules and regulations of the director; provided, nothing contained in this section shall be construed to empower the director to disapprove of or to change any dealer from using the common name of his or her firm, or of any registered trademark, brand, or trade name customarily used by him or her in the identification of any or all of his or her products.

(c) Samples of all labels or marks to be used on containers of milk or milk products shall be submitted for approval as to color, size of lettering, and matter. No misleading mark or words shall be placed on any container of milk or milk products. The cap or cover of all containers of milk or milk products must cover the pouring lip to at least its largest diameter.
R.I. Gen. Laws § 21-18-3 — RI Code / Title 21 / Chapter 21-18 / Section 21-18-3
§ 21-18-3. Marking of minimum size.
Status: in_force

Unless the package is marked with the numerical count, the minimum size of all apples, as required by § 21-18-2, shall be marked upon the package, and shall be determined by taking the transverse diameter of the smallest fruit in the package at right angles to the stem and blossom ends. Minimum sizes shall be stated in variations of one-quarter of an inch (Â¼"), such as two inches (2"), two and one-quarter inches (2Â¼") and so forth, in accordance with the facts. Minimum sizes may be designated by figures instead of words. The word minimum may be designated by using the abbreviation min.
R.I. Gen. Laws § 21-27-4 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-4
§ 21-27-4. Sale of food not handled in compliance with chapter prohibited  Confiscation.
Status: in_force

No person shall sell or possess with intent to sell within this state for human consumption any food which has not been processed, transported, or sold in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter. Any food which the director shall have reasonable cause to believe has not been processed, transported, or sold in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter may be confiscated.
R.I. Gen. Laws § 21-27-11.7 — RI Code / Title 21 / Chapter 21-27 / Section 21-27-11.7
§ 21-27-11.7. Issuance of certification.
Status: in_force

The division shall certify managers in food safety who have met the requirements in §§ 21-27-11  21-27-11.13 and in the rules and regulations.
R.I. Gen. Laws § 21-5-4 — RI Code / Title 21 / Chapter 21-5 / Section 21-5-4
§ 21-5-4. Annual inspection of testing machines.
Status: in_force

Each Babcock or other centrifugal machine used by any person within the state of Rhode Island for determining the composition of milk, cream, or any milk product for purposes of inspection shall be inspected at least once in each calendar year by the director of labor and training.
R.I. Gen. Laws § 21-2-55 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-55
§ 21-2-55. Penalties for violations.
Status: in_force

Persons convicted of violating any of the provisions of this chapter or the regulations adopted in accordance pursuant to this chapter shall be punished by a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense; by a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and by a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) for a third or subsequent offense.
R.I. Gen. Laws § 21-30-5 — RI Code / Title 21 / Chapter 21-30 / Section 21-30-5
§ 21-30-5. Prosecution of violations.
Status: in_force

It shall be the duty of the department of health to prosecute any person, firm, or corporation violating the provisions of §§ 21-30-3 and 21-30-4, and the director of the department, or any duly authorized agent of the director, may make complaint for the violation of those sections, and the director or agent making the complaint shall not be required to give surety for the payment of costs.
R.I. Gen. Laws § 21-14-12 — RI Code / Title 21 / Chapter 21-14 / Section 21-14-12
§ 21-14-12. Inspection of business premises  Dockside program established.
Status: in_force

(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.
R.I. Gen. Laws § 21-17-13 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-13
§ 21-17-13. Penalty for violations.
Status: in_force

Any person, firm, or corporation violating any of the provisions of § 21-17-12 shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100), for each offense.
R.I. Gen. Laws § 21-31-12 — RI Code / Title 21 / Chapter 21-31 / Section 21-31-12
§ 21-31-12. Contamination of food with microorganisms  Suspension of permit  Inspection.
Status: in_force

(a) Whenever the director of health finds after investigation that the distribution in Rhode Island of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing of it in any locality, be injurious to health, and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and only in that case, shall promulgate regulations providing for the issuance, to manufacturers, processors, or packers of that class of food in the locality, of permits to which shall be attached any conditions governing the manufacture, processing, or packing of that class of food, and for any temporary period of time that may be necessary to protect the public health; and after the effective date of the regulations and during the temporary period, no person shall introduce or deliver for introduction into commerce that food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the director of health as provided by regulation.

(b) The director of health is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit suspended shall be privileged at any time to apply for the reinstatement of the permit, and the director of health shall, immediately after a prompt hearing and inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued, or as amended.

(c) Any officer or employee duly designated by the director of health shall have access to any factory or establishment, the operator of which holds a permit from the director of health, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for the inspection shall be ground for suspension of the permit until access is freely given by the operator.
R.I. Gen. Laws § 21-15-4 — RI Code / Title 21 / Chapter 21-15 / Section 21-15-4
§ 21-15-4. Construction, size, and packing of casks.
Status: in_force

Every cask shall be well seasoned and bound with twelve (12) hoops. Casks for menhaden and herrings shall be of the capacity to hold twenty-eight gallons (28 gals.), and those for other fish of the capacity, if a barrel, to hold two hundred pounds (200 lbs.), and if a half barrel, one hundred pounds (100 lbs.) weight of fish. Each cask shall be full and the fish shall be sound and well cured.
R.I. Gen. Laws § 21-11-2 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-2
§ 21-11-2. Sale of meat not handled in compliance with provisions.
Status: in_force

It shall be unlawful for any person, firm, association, or corporation to handle, sell, or possess with intent to sell within this state the carcass of any animal or part of the carcass, any meat, meat product, or meat food product capable of use as human food which has not been slaughtered, canned, cured, smoked, salted, packed, rendered, handled, or processed in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter.
R.I. Gen. Laws § 21-9-12 — RI Code / Title 21 / Chapter 21-9 / Section 21-9-12
§ 21-9-12. Prohibited acts.
Status: in_force

The following acts and the causing of them shall be unlawful:

(1) To advertise, sell or exchange, deliver, or offer or expose for sale or exchange, or to attempt to deliver, or have in actual or constructive possession with intent to do so any frozen dessert and/or frozen dessert mix unless:

(i) The manufacturer of the product is a licensee under the provisions of § 21-9-2;

(ii) The brand name of the product, the labeling affixed on it, or accompanying it, and/or the advertising of it gives a true and complete representation of the origin, character, composition, place of manufacture, and manufacturer, and is not false or misleading in any particular or misbranded as defined at § 21-31-11.

(2) To advertise, sell or exchange, deliver, or offer or expose for sale or exchange, or to attempt to deliver, or have in actual constructive possession with intent to do so any substitute or imitation frozen dessert or frozen dessert mix unless it is a special dietary frozen dessert which has been manufactured under regulations pertaining to it promulgated by the director of health under the authority of § 21-9-13.

(3) To sell or exchange, deliver, advertise or offer or expose for sale or exchange, or attempt to deliver, or have in actual or constructive possession with intent to do so, any frozen dessert or frozen dessert mix, ice cream, or ice milk:

(i) If it contains any oils, or fats, other than milk fats, except when those fats or oils are specifically required under standards of identity or are naturally contained in the flavors lawfully used; or

(ii) If the frozen dessert and/or frozen dessert mix is adulterated as defined by § 21-31-10.

(4) To refuse to permit entry or inspection, or to refuse to permit the taking of a sample as authorized by § 21-9-19.

(5) To remove or dispose of a detained or embargoed article in violation of § 21-9-18.

(6) To fail to keep records as required by § 21-9-7.

(7) To refuse to make available and to afford full opportunity to check any record, report, or invoice as required by § 21-9-11.

(8) To fail to file reports with the director of health as required by § 21-9-9.
R.I. Gen. Laws § 21-11-4 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-4
§ 21-11-4. Issuance and term of licenses  Suspension or revocation.
Status: in_force

The director of health shall, upon receipt of application for a license to operate an establishment for any or all of the purposes mentioned in § 21-11-3, cause that establishment to be inspected and, if it is found to conform to the provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue a license upon receipt of a fee as set forth in § 23-1-54; provided, that the license fee shall be at a reduced rate, as also set forth in § 23-1-54, for any one establishment where: (1) the meat is sold only at retail, (2) no slaughtering is performed, and (3) no more than one of the activities described in § 21-11-3 for which a license is required is performed. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this section may be suspended or revoked for failure to comply with the provisions of this chapter or the regulations adopted in accordance with this chapter.
R.I. Gen. Laws § 21-13-8 — RI Code / Title 21 / Chapter 21-13 / Section 21-13-8
§ 21-13-8. Revocation or refusal of registration.
Status: in_force

Upon determination that any person having a registration issued under this chapter, or who has applied for a registration, has violated or failed to comply with any of the provisions of this chapter, or any of the rules or regulations promulgated pursuant to this chapter, the director may, after due notice to the registrant, and after affording the registrant an opportunity to be heard, revoke the registration or refuse to issue a registration to an applicant.
R.I. Gen. Laws § 21-2-7 — RI Code / Title 21 / Chapter 21-2 / Section 21-2-7
§ 21-2-7. Permits.
Status: in_force

(a) It shall be unlawful for any milk producer whose dairy farm is located wholly or partly in this state to sell or to offer to sell milk or milk products or to have milk stored for sale who does not possess at all times a Rhode Island producers permit from the director.

(b) It shall be unlawful for any milk hauler to transport any milk or milk products to any milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in this state unless he or she shall at all times possess a Rhode Island milk haulers permit from the director.

(c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island who does not possess a Rhode Island milk plant permit from the director with respect to each plant located in Rhode Island.

(d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all times possess a milk distributors permit from the director.

(e) It shall be unlawful for any milk hauler to transport any milk or milk products from any point outside the state into the state of Rhode Island for sale or processing in this state or for any milk plant located in Rhode Island to process any milk or milk products which come from any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk products within this state which come from any point outside this state, unless:

(1) Every producer who produces any part of the milk or milk products shall have been inspected and shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated under this chapter in the case of Rhode Island producers;

(2) Every vehicle in which the milk is transported to the plant where processed shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated pursuant to this chapter in the case of Rhode Island milk hauler permittees; and

(3) The operator of each milk plant located outside the state of Rhode Island where any part of the milk is processed at all times possesses an out-of-state milk plant permit from the director.

(f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A milk product, unless the person at all times is in possession of a Rhode Island grade A producers permit.

(g) The fees for the following permits referred to in this section shall be as set forth in § 23-1-54:

(1) In-state milk processors;

(2) Out-of-state milk processors; and

(3) Milk distributors.

(h) Milk producers and milk haulers shall be exempt from permit fees.
R.I. Gen. Laws § 21-26-3 — RI Code / Title 21 / Chapter 21-26 / Section 21-26-3
§ 21-26-3. Analysis  Fee.
Status: in_force

Every inspector shall, whenever requested, make an analysis of an article which may be presented to him or her for that purpose, and shall give his or her certificate to any person who shall apply for it, of the result of the analysis, for which certificate he or she shall be entitled to the sum of ten dollars ($10.00).
R.I. Gen. Laws § 21-17-2 — RI Code / Title 21 / Chapter 21-17 / Section 21-17-2
§ 21-17-2. Consumer grades  Regulations.
Status: in_force

The Rhode Island consumer grades for shell eggs shall be designated AA-A-B-C. The standards for quality of individual eggs shall be established by the director of environmental management under the provisions of § 21-20-5 and shall apply to all shell eggs sold or offered for sale. The means used in determining these grades and standards shall be specified by regulation issued by the director of environmental management.
R.I. Gen. Laws § 21-11-6 — RI Code / Title 21 / Chapter 21-11 / Section 21-11-6
§ 21-11-6. Stamping of meat  Sale of unstamped meat prohibited.
Status: in_force

The director of health shall cause to be prepared a suitable stamp for impression upon the carcass of any animal or part of the carcass or any meat, meat product, or meat food product which has been examined and found to be sound, healthful, wholesome, and fit for human consumption. The carcass of any animal or part of the carcass or any meat, meat product, or meat food product not impressed in this manner shall be unsalable as food, and if exposed or offered for sale shall be confiscated.