Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.6 - Inspections

Current through June 14, 2024
A. The Department may inspect for compliance
				  with R.I. Gen. Laws §§
										2-1-9 and
				  2-1-10 and these regulations, and
				  investigate complaints. Such inspection may include but is not limited to, any
				  farm, field, lot, area, building or vehicle under the control of a registrant
				  or any person, firm or corporation where produce is grown, harvested, packed,
				  stored, or held, including vehicles used to transport and hold produce.
				  Inspections may be random systematic inspections or in response to a specific
				  complaint or request. An inspection initiated from a specific complaint or
				  request is not limited to that complaint or request. At the time of the
				  inspection, the inspector may record all violations. Such inspections may
				  include obtaining samples and specimens for laboratory analysis.
B. Inspectors for the Department, after
				  identifying themselves, may enter all relevant areas of a Covered Farm, at any
				  time, for the purpose of making an inspection to ascertain whether the entity
				  is in compliance with R.I. Gen. Laws §§
										2-1-9 and
				  2-1-10 and these regulations.
				  Individuals engaged in regulated activities shall provide access to Department
				  inspectors at all times for inspection of the Covered Farm.
C. Initial and Routine Inspections shall be
				  coordinated with the registrant and shall take place during the normal business
				  hours of the entity receiving inspection, on an annual basis. Additionally, the
				  Department shall be given access to and the right to review and copy any and
				  all records pertaining to 21 C.F.R. Part 112, incorporated above at §
										2.2 of this Part, R.I. Gen.
				  Laws §§
										2-1-9 and
				  2-1-10 and these regulations when
				  requested, or within twenty-four (24) hours of request.
D. Upon the completion of an inspection the
				  Department shall issue a Produce Inspection Observation Form to the registrant
				  being inspected that covers all produce, facilities, acreage and other areas
				  identified in the registration, as well as any other areas that the Department
				  deems inherent to the conduct of an inspection under its authority.
E. Follow-up Inspections/re-inspections shall
				  be conducted to ensure that identified corrective actions and prior
				  non-conformances, R.I. Gen. Laws §§
										2-1-9 and
				  2-1-10 and these regulations, have
				  been corrected and documented.
F.
				  Follow-up Inspections/re-inspections may take place during the normal business
				  hours of the entity receiving inspection and will take into account the
				  priority of the corrective action as indicated in the Produce Inspection
				  Observation Form and Summary Report of inspection, or through any other report,
				  document or finding supplied by the Department upon the completion of an
				  inspection activity.
G. For-Cause
				  Inspections shall take place when the Department is made aware, through report
				  or information, that a specific issue related to a public health risk or
				  produce safety concern, such as an outbreak, reported complaint, or recall has
				  taken place or is imminent. For-Cause Inspections will follow all inspectional
				  protocols and procedures identified in this section.
H. Covered Farms registered pursuant to these
				  regulations or produce farms who voluntarily request inspection pursuant to
				  these regulations, may be subject to unannounced inspections, as determined by
				  the Department to protect public health and safety.
I. In accordance with 21 C.F.R. Part 112,
				  incorporated above at §
										2.2 of this Part, and R.I.
				  Gen. Laws §§
										2-1-9 and
				  2-1-10, the Department shall have
				  the right to enter and inspect any facility, building or structure used to
				  store, cool, pack and/or hold produce covered under 21 C.F.R. Part 112,
				  incorporated above at §
										2.2 of this Part.
J. If the person in charge at the time of the
				  inspection refuses entry to an inspector for the Department, refuses to permit
				  an authorized inspection, refuses access to records, or interferes with the
				  Department, or any agent thereof, in the performance of its duties, the
				  Department may:
1. Seek an administrative
				  search warrant to search/inspect the premises, in accordance with the
				  provisions of R.I. Gen. Laws §
											42-17.1-2(20);
				  and/or
2. Take steps to refuse to
				  issue certificates, inspection documentation or to impose administrative
				  penalties or fines, in accordance with R.I. Gen. Laws §
											42-17.1-2(22)
				  and/or
3. Issue an order to cease
				  and desist operations.