reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-31. - Labeling of containers of milk and milk products.

§ 21-2-31. Labeling of containers of milk and milk products.
(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.
History of Section.
G.L. 1909, ch. 203, § 23; P.L. 1926, ch. 820, § 1; G.L. 1938, ch. 216, § 23; P.L. 1954, ch. 3311, § 2; G.L. 1956, § 21-5-16; P.L. 1959, ch. 184, § 1; G.L. 1956, § 21-2-31; P.L. 1962, ch. 80, § 1; P.L. 1963, ch. 91, § 4; P.L. 1984, ch. 132, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-32. - Labeling as to breed of cows.

§ 21-2-32. Labeling as to breed of cows.
(a)
The labels of milk containers may carry in addition to one of the above grade names, but set apart from those grade names, the name of the breed of cows producing the milk or the registered trade name or trademark for the breed; provided containers so labeled contain only milk produced from the breed named.
(b)
The label of milk product containers may carry in addition to one of the terms defined in § 21-2-31 which correctly describes the contents, but set apart from that term, the name of the breed of cows producing the milk from which the milk product was derived, or the registered trade name or trademark for the breed; provided that containers so labeled contain only a milk product derived from milk produced from the breed named.
History of Section.
G.L. 1938, ch. 216, § 22, P.L. 1954, ch. 3311, § 1; G.L. 1956, § 21-5-17; P.L. 1959, ch. 181, § 1; G.L. 1956, § 21-2-32, as enacted by P.L. 1962, ch. 80, § 1; P.L. 1963, ch. 91, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-43. - Enforcement of chapter.

§ 21-2-43. Enforcement of chapter.
The director is authorized to enforce the provisions of this chapter.
History of Section.
P.L. 1962, ch. 80, § 1; P.L. 1968, ch. 158, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-44. - State statutory provisions and rules paramount to local.

§ 21-2-44. State statutory provisions and rules paramount to local.
Whenever there is any provision of this chapter or any other statute defining a particular kind, type, or grade of milk or milk product or setting forth requirements as to the chemical or bacteriological components, standards, or requirements for that kind, type, or grade of milk or milk product, or specifying standards or methods for the processing, treatment, or packaging or labeling of the milk or milk product, or when the director shall have lawfully established a definition or requirements by regulation, the provisions of that chapter, statute, or regulation shall supersede any definition or requirements for it which may be contained in any city or town ordinance or in the regulations of any city or town office or department, whether made under a statute or an ordinance.
History of Section.
P.L. 1931, ch. 1777, § 15; G.L. 1938, ch. 217, § 14; G.L. 1956, § 21-2-16; G.L. 1956, § 21-2-44, P.L. 1962, ch. 80, § 1; P.L. 1989, ch. 542, § 35.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-45. - Standardization permitted.

§ 21-2-45. Standardization permitted.
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.
History of Section.
P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-46. - Wholesale and contract sales.

§ 21-2-46. Wholesale and contract sales.
Nothing contained in this chapter shall be construed to prohibit the sale of milk, cream, skim milk, or milk products to any milk plant, either at wholesale or pursuant to contract, by weight and test and/or upon the basis of milk fat content and/or on the basis of bacterial counts or other sanitation requirements; provided, that in the case of milk or milk products of a particular description or grade, nothing in this section shall be construed to authorize a sale of any milk or milk product which does not at least conform to the requirements of that description or grade.
History of Section.
G.L. 1923, ch. 203, § 39, P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 38; G.L. 1956, § 21-5-26; G.L. 1956, § 21-2-46, P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-51. - Access of enforcement officers.

§ 21-2-51. Access of enforcement officers.
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.
History of Section.
P.L. 1931, ch. 1777, § 6; G.L. 1938, ch. 217, § 5; G.L. 1956, § 21-2-7; G.L. 1956, § 21-2-51, P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-52. - Appropriations and disbursements.

§ 21-2-52. Appropriations and disbursements.
The general assembly shall annually appropriate any sums that it may deem necessary for the purpose of carrying 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 any sum appropriated, or so much of it as may be required, upon receipt by him or her of properly authenticated vouchers.
History of Section.
P.L. 1931, ch. 1777, § 17; G.L. 1938, ch. 217, § 16; G.L. 1956, § 21-2-18; G.L. 1956, § 21-2-52, P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-53. - Powers of superior court in equity.

§ 21-2-53. Powers of superior court in equity.
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.
History of Section.
P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-54. - Prosecution of violations.

§ 21-2-54. Prosecution of violations.
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.
History of Section.
P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-55. - Penalties for violations.

§ 21-2-55. Penalties for violations.
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.
History of Section.
P.L. 1984, ch. 132, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-56. - Taking of samples in investigation of violations.

§ 21-2-56. Taking of samples in investigation of violations.
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.
History of Section.
G.L. 1909, ch. 173, § 15, P.L. 1921, ch. 2070, § 3; G.L. 1923, ch. 203, § 15; G.L. 1938, ch. 216, § 15; P.L. 1941, ch. 1043, § 1; P.L. 1954, ch. 3311, § 1; G.L. 1956, § 21-5-27; G.L. 1956, § 21-2-56, P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2 - Milk Sanitation Code › Section 21-2-57. - Severability.

§ 21-2-57. Severability.
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.
History of Section.
P.L. 1962, ch. 80, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2.1 - Farm Milk Holding Tanks › Section 21-2.1-1. - Calibration, testing, and sealing of farm milk holding tanks — Fees.

§ 21-2.1-1. Calibration, testing, and sealing of farm milk holding tanks — Fees.
The capacity of every farm milk holding tank (when used as a measure) shall be calibrated, tested, and sealed by the director of labor and training. The fee for this calibration shall be five dollars ($5.00) plus a fee of one-half cent ($0.005) per gallon for its determined total capacity.
History of Section.
P.L. 1965, ch. 150, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2.1 - Farm Milk Holding Tanks › Section 21-2.1-2. - Tampering with the gauging mechanism prohibited — Penalty for violation.

§ 21-2.1-2. Tampering with the gauging mechanism prohibited — Penalty for violation.
It shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) for each offense for any person to tamper with or alter in any way the gauging mechanism of a farm milk holding tank.
History of Section.
P.L. 1965, ch. 150, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-2.1 - Farm Milk Holding Tanks › Section 21-2.1-3. - Frequency of calibration required.

§ 21-2.1-3. Frequency of calibration required.
Every farm milk holding tank (when used as a measure) shall be recalibrated at least once every three (3) years. Following the calibration, testing, and sealing as set forth in § 21-2.1-1, the state sealer of weights and measures of the department of labor and training shall issue and deliver to the owner of the milk holding tank a gallonage chart and weight conversion chart applicable to that holding tank.
History of Section.
P.L. 1965, ch. 150, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-1. - Milk commission — Composition.

§ 21-4.1-1. Milk commission — Composition.
There shall be a milk commission which shall consist of three (3) members: the director of health or his or her designee, the attorney general or his or her designee, and the director of environmental management or his or her designee. The members of the commission shall elect a chairperson from among themselves.
History of Section.
P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-2. - Definitions.

§ 21-4.1-2. Definitions.
As used in this chapter, unless otherwise specified, the following words have the following meaning:
(1)
“Commission” means the Rhode Island milk commission.
(2)
“Consumer” means any person other than a milk dealer who purchases milk for fluid consumption.
(3)
“Dealer” means any person who purchases or receives milk from a producer for the purpose of resale.
(4)
“Department” means the department of health.
(5)
“Director” means the director of health or his or her duly authorized agents.
(6)
“Fluid milk products” or “Class 1 milk” means milk, skimmed milk, flavored milk or skimmed milk, cultured skimmed milk, buttermilk, filled milk, concentrated milk, and any mixture of milk or skimmed milk and cream containing less than ten percent (10%) butterfat. The term includes these products in fluid, frozen, fortified, or reconstituted form but does not include sterilized products in hermetically sealed containers and such products as eggnog, yogurt, whey, ice cream mix, ice milk mix, milk shake base mix, evaporated or condensed milk or skimmed milk (in either plain or sweetened form), and any product that contains six percent (6%) or more non-milk fat (or oil). Fluid milk products that have been placed in containers for disposition to retail or wholesale outlets are referred to as packaged fluid milk products.
(7)
“Market” means any city, town or parts of a city or town of the state, or two (2) or more cities or towns or parts of cities or towns designated by the commission as a natural marketing area.
(8)
“Person” means any individual, partnership, firm, corporation, association or other unit, and the state and all political subdivisions or agencies of the state, except state owned and operated institutions.
(9)
“Producer” means a Rhode Island dairy farmer who produces milk that is moved, other than in packaged form, from his or her farm to a pool plant or any other plant as diverted milk.
History of Section.
P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-3. - Powers and duties.

§ 21-4.1-3. Powers and duties.
(a)
The commission shall set the minimum price paid to the producer for Class 1 milk.
(b)
The commission shall conduct independent studies and reviews of the economics and practices of the milk industry in order to determine whether any producer or dealer is engaged in predatory pricing or other anticompetitive activity in violation of § 6-13-2.1.
(c)
The commission may adopt, promulgate and enforce all rules, regulations and orders necessary to the commission’s performance of its duties under this chapter.
(d)
Every producer and every dealer shall keep and render to the commission, at the times and in the manner and form as shall be prescribed by the rules and regulations of the director, accounts of all business transacted which is related to the production, purchasing, processing, distribution or sale of milk in this state. Those accounts shall reasonably and accurately reflect, in any detail that the commission deems necessary and appropriate: (1) milk prices generally, (2) container costs, (3) price categories relating to different quantities of milk packaged and sold in separate containers, (4) distribution costs, and (5) any other matters which affect or which are relevant to retail milk prices in this state.
(e)
All information collected and renamed by the commission in the performance of its duties shall be confidential, except that the information may be disclosed to public officials when necessary or appropriate to the performance of their official duties. Collective information of a general statistical nature may be reported.
(f)
The commission shall conduct any public hearings that it deems necessary and appropriate to its performance of its duties under this chapter.
History of Section.
P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-4. - Annual report.

§ 21-4.1-4. Annual report.
(a)
On or before January 15 of each year the commission shall submit a report to the general assembly, which annual report may include, but need not be limited to:
(1)
A summary of its activities during the previous year;
(2)
A description of any and all complaints of predatory pricing or other anti-competitive practices which have been referred to the attorney general; and
(3)
Any recommendations that it may have relative to the need for and the appropriateness of regulatory or legislative action relative to the milk industry.
(b)
In making recommendations for regulatory or legislative action, the commission shall take into account, among any other factors which it may deem appropriate:
(1)
The public health and welfare and the insuring of an adequate supply of pure and wholesome fluid milk products to the inhabitants of the state under varying conditions in various marketing areas;
(2)
Prevailing prices in neighboring states;
(3)
Seasonal production and other conditions affecting the cost of production, transportation, and marketing in the milk industry, including a reasonable return to the dealer and different retail delivery volumes of milk;
(4)
The effect of prices paid to producers on the ability of the Rhode Island dairy industry to compete in supplying milk to Rhode Island consumers;
(5)
The strength and viability of the Rhode Island dairy industry as a whole; and
(6)
The extent of any social or economic benefits of maintaining dairy processing in different regions of the state.
History of Section.
P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-5. - Recordkeeping.

§ 21-4.1-5. Recordkeeping.
All producers and dealers shall keep records consistent with all current state and federal law and regulations.
History of Section.
P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-6. - Prohibition on pricing.

§ 21-4.1-6. Prohibition on pricing.
No dealer shall purchase or receive Class 1 milk from any Rhode Island producer for any price less than the minimum price set by the commission pursuant to § 21-4.1-3(a) of this chapter.
History of Section.
P.L. 1992, ch. 320, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-7. - Denial or revocation of permit.

§ 21-4.1-7. Denial or revocation of permit.
Violation of the prohibition set forth in § 21-4.1-6 by any dealer shall be grounds for the denial of any permit sought by that dealer pursuant to § 21-2-8 and for revocation of any permit previously issued to that dealer, in accordance with § 21-2-12.
History of Section.
P.L. 1992, ch. 320, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-8. - Preference.

§ 21-4.1-8. Preference.
Notwithstanding any provisions to the contrary contained in chapter 2 of title 37 or in any city or town charter or ordinance, any Rhode Island milk processor or distributor which bids on any state, city, town, or regional school district contract for the purchase of milk within this state shall be entitled to and shall be given a percentage preference of one quarter of one percent (0.25%) over any out-of-state milk provider or distributor bidding on the same contract.
History of Section.
P.L. 1992, ch. 320, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-4.1 - Milk Commission › Section 21-4.1-9. - Severability.

§ 21-4.1-9. Severability.
If any clause, sentence, paragraph or part of this chapter or of § 21-2-8 or 21-2-12 shall for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair or invalidate the remainder of it, but shall be confined in its operation to the clause, sentence, paragraph or part directly involved in the controversy in which the judgment shall have been rendered.
History of Section.
P.L. 1992, ch. 320, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-4. - Annual inspection of testing machines.

§ 21-5-4. Annual inspection of testing machines.
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.
History of Section.
G.L. 1923, ch. 203, § 32; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 31; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-35; G.L. 1956, § 21-5-4; P.L. 1962, ch. 80, § 2; P.L. 1968, ch. 158, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-5. - Condemnation or correction of defective machines.

§ 21-5-5. Condemnation or correction of defective machines.
Each Babcock or other centrifugal machine used as described in § 21-5-4 which, in the opinion of the director, is not in condition to give accurate results may be condemned by the director. No Babcock or other centrifugal machine which has been condemned shall be used for determining the composition or value of milk, cream, or any milk product, unless and until that machine is corrected to the satisfaction of the director and approved by him or her.
History of Section.
G.L. 1923, ch. 203, § 32; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 31; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-36; G.L. 1956, § 21-5-5; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-6. - Certification of testing machine operators — Fees.

§ 21-5-6. Certification of testing machine operators — Fees.
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.
History of Section.
G.L. 1923, ch. 203, § 33; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 32; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-37; P.L. 1960, ch. 74, § 10; G.L. 1956, § 21-5-6; P.L. 1962, ch. 80, § 2; P.L. 1968, ch. 158, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-7. - Issuance and revocation of machine operator certificates.

§ 21-5-7. Issuance and revocation of machine operator certificates.
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.
History of Section.
G.L. 1923, ch. 203, § 34; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 33; G.L. 1956, § 21-5-38; G.L. 1956, § 21-5-7; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-9. - Rules and regulations as to weighing and testing.

§ 21-5-9. Rules and regulations as to weighing and testing.
The director may make any rules and regulations, not inconsistent with law, that in his or her judgment may be helpful in carrying out the provisions of this chapter and for the purpose of insuring accuracy in the weighing, sampling, and testing of milk, cream, and milk products within the state of Rhode Island.
History of Section.
G.L. 1956, ch. 203, § 36; P.L. 1928, ch. 1138, § 1; P.L. 1932, ch. 1915, § 1; G.L. 1938, ch. 216, § 35; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-40; G.L. 1956, § 21-5-9; P.L. 1962, ch. 80, § 2; P.L. 1968, ch. 158, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-10. - Penalty for obstruction or violations.

§ 21-5-10. Penalty for obstruction or violations.
Whoever hinders or obstructs the director, or a duly authorized assistant, in the discharge of any authority or duty imposed by any provision of this chapter, and whoever violates any provision of this chapter or of any lawful regulations of the director made under the provisions of this chapter, shall be punished by a fine not more than one hundred dollars ($100).
History of Section.
G.L. 1923, ch. 203, § 37; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 36; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-41; G.L. 1956, § 21-5-10; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-11. - Testing for information only.

§ 21-5-11. Testing for information only.
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.
History of Section.
G.L. 1923, ch. 203, § 30; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 37; G.L. 1956, § 21-5-42; G.L. 1956, § 21-5-11; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-12. - Inspectors and assistants.

§ 21-5-12. Inspectors and assistants.
The director shall employ and prescribe the duties of inspectors and assistants in enforcing the provisions of this chapter.
History of Section.
G.L. 1923, ch. 203, § 29; P.L. 1927, ch. 1014, § 5; P.L. 1931, ch. 1703, § 1; G.L. 1938, ch. 216, § 29; G.L. 1956, § 21-5-43; G.L. 1956, § 21-5-12; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-13. - Enforcement.

§ 21-5-13. Enforcement.
When prosecuting any complaint under any provision of this chapter, the director and his or her deputies and assistants shall not be required to give surety for costs or enter into any recognizance.
History of Section.
G.L. 1923, ch. 203, § 29; P.L. 1927, ch. 1014, § 5; P.L. 1931, ch. 1703, § 1; G.L. 1938, ch. 216, § 29; G.L. 1956, § 21-5-43; G.L. 1956, § 21-5-13; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-5 - Analysis of Milkfat Content in Milk or Milk Products › Section 21-5-14. - Appropriations and disbursements.

§ 21-5-14. Appropriations and disbursements.
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.
History of Section.
G.L. 1923, ch. 203, § 29; P.L. 1927, ch. 1014, § 5; P.L. 1931, ch. 1703, § 1; G.L. 1938, ch. 216, § 29; G.L. 1956, § 21-5-43; G.L. 1956, § 21-5-14; P.L. 1962, ch. 80, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-2. - License required.

§ 21-9-2. License required.
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.
History of Section.
P.L. 1962, ch. 129, § 1; P.L. 1982, ch. 190, § 1; P.L. 1983, ch. 31, § 1; P.L. 1986, ch. 238, § 3; P.L. 1993, ch. 94, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-3. - License fee.

§ 21-9-3. License fee.
(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.
History of Section.
P.L. 1962, ch. 129, § 1; P.L. 1964, ch. 74, § 1; P.L. 1990, ch. 10 art. 7, § 2; P.L. 2001, ch. 77, art. 15, § 2; P.L. 2007, ch. 73, art. 39, § 37; P.L. 2012, ch. 241, art. 9, § 30; P.L. 2018, ch. 47, art. 7, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-4. - Issuance of license.

§ 21-9-4. Issuance of license.
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.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-5. - Refusal, suspension, or revocation of licenses.

§ 21-9-5. Refusal, suspension, or revocation of licenses.
The refusal, suspension, or revocation of any license shall be made in accordance with the Administrative Procedures Act, chapter 35 of title 42.
History of Section.
P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, §§ 1, 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-6. - Appeals.

§ 21-9-6. Appeals.
An appeal from any decision or order of the director may be taken by any aggrieved party to the superior court in the manner provided for in chapter 35 of title 42.
History of Section.
P.L. 1982, ch. 388, §§ 3, 6; P.L. 1986, ch. 238, §§ 1, 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-7. - Records of manufacturers.

§ 21-9-7. Records of manufacturers.
Each manufacturer of frozen desserts and frozen dessert mixes shall keep for each frozen dessert plant operated by that manufacturer a true and complete record of milk and milk products received and frozen desserts and frozen dessert mixes manufactured there.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-9. - Reports of wholesale manufacturers.

§ 21-9-9. Reports of wholesale manufacturers.
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.
History of Section.
P.L. 1962, ch. 129, § 1; P.L. 1964, ch. 74, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-11. - Inspection and preservation of records, reports, and invoices.

§ 21-9-11. Inspection and preservation of records, reports, and invoices.
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.
History of Section.
P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-12. - Prohibited acts.

§ 21-9-12. Prohibited acts.
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.
History of Section.
P.L. 1953, ch. 3176, § 6; G.L. 1956, §§ 21-9-13, 21-9-14; P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3; P.L. 1990, ch. 10, art. 7, § 2; P.L. 1990, ch. 129, § 2; P.L. 1990, ch. 471, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-13. - Regulations.

§ 21-9-13. Regulations.
(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.
History of Section.
P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-15; P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3; P.L. 1989, ch. 542, § 36; P.L. 2002, ch. 292, § 46.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-14. - Enforcement of chapter.

§ 21-9-14. Enforcement of chapter.
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.
History of Section.
P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-15; P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-15. - Violations reported to attorney general — Notice and hearing on violation.

§ 21-9-15. Violations reported to attorney general — Notice and hearing on violation.
(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.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-16. - Notice of minor violations — Warnings.

§ 21-9-16. Notice of minor violations — Warnings.
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.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-17. - Injunctions authorized.

§ 21-9-17. Injunctions authorized.
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.
History of Section.
P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-16; P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-19. - Inspection of establishments.

§ 21-9-19. Inspection of establishments.
(a)
The director of health or any of the director’s duly authorized agents shall have free access at all reasonable hours to any frozen dessert plant in which frozen desserts and/or frozen dessert mixes are manufactured or held for introduction into commerce, or to enter any vehicle being used to manufacture, transport, or hold frozen desserts and/or frozen dessert mixes in commerce, for the purpose:
(1)
Of inspecting the frozen dessert plant or vehicle to determine if any of the provisions of this chapter are being violated, and
(2)
To secure samples or specimens of any frozen dessert and/or frozen dessert mix after paying or offering to pay for the sample. It shall be the duty of the director of health to make or cause to be made examination of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.
(b)
The director of health or any of the director’s duly authorized agents shall make the inspections and secure the samples or specimens at least once during each license year.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-20. - Publication of court orders, judgments, and decrees — Dissemination of information.

§ 21-9-20. Publication of court orders, judgments, and decrees — Dissemination of information.
(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.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-21. - Persons exempt from licensing requirements.

§ 21-9-21. Persons exempt from licensing requirements.
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.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-22. - Violations of chapter — Penalty.

§ 21-9-22. Violations of chapter — Penalty.
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.
History of Section.
P.L. 1953, ch. 3176, § 8; G.L. 1956, § 21-9-17; P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-9 - Frozen Desserts › Section 21-9-23. - Severability.

§ 21-9-23. Severability.
If any provision of this chapter is declared unconstitutional or the applicability of any provision to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability of it to other persons and circumstances shall not be affected by that invalidity.
History of Section.
P.L. 1962, ch. 129, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-11 - Meats › Section 21-11-1. - “Animals” defined.

§ 21-11-1. “Animals” defined.
For the purposes of this chapter, “animal” is construed to mean any cattle, swine, sheep, goat, or equine.
History of Section.
G.L. 1938, ch. 264, § 1; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-1; P.L. 1970, ch. 141, § 1.