reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.7 - Project Priority List Revisions

Current through June 14, 2024
A. As necessary,
				  but not less than annually, the Director shall review the Project Priority List
				  for changes in estimated schedules, project costs and/or scope. The Director
				  may propose modifications of the Project Priority List at any time according to
				  these procedures:
1. Addition to the list:
				  projects can only be added to the list after the solicitation of public
				  comments.
2. By-pass provisions: a
				  project on the Project Priority List may be by-passed, without soliciting
				  public comments, if it is apparent that the project will not be ready to
				  proceed (i.e. system will not be able to sign a loan agreement) by the end of
				  the federal fiscal year in which funding is designated. The highest ranked
				  unfunded project or projects on the priority list which is(are) ready to
				  proceed will be selected for funding utilizing the money freed-up by the
				  by-passed project. By-passed projects will not lose their priority ranking and
				  will be eligible for future DWSRF moneys when the water system is ready to
				  proceed with the project.
3.
				  By-pass provisions for small water systems: to the extent that projects exist,
				  a minimum of 15% of the money available for funding projects each year must go
				  to public water systems that serve a population of less than 10,000 people
				  (small systems). The lowest priority project or projects for water systems that
				  serve 10,000 or more people may be by-passed, without soliciting public
				  comments, in order to achieve this 15% assistance to small systems. As
				  necessary, the highest priority small system projects will be selected to
				  satisfy the minimum 15% level.
4.
				  Emergency projects: without soliciting public comments, projects necessary to
				  address an imminent risk to public health, as determined by the Director, will
				  be moved to the top of the priority list, even if the project was not
				  previously on the priority list. A water system would be considered as having
				  an imminent risk if there is either a known waterborne disease outbreak or a
				  threat of disease outbreak by the presence of an acute contaminant in the
				  system; or the total loss of water supply or loss of a major component due to a
				  natural or unforeseen disaster which could not have been prevented by the
				  applicant.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.8 - Eligible Costs

Current through June 14, 2024
Eligible costs, as applied to any eligible project, means
					 any or all costs, including, but not limited to, amounts for the following:
					 planning, design, acquisition, construction, improvement and rehabilitation of
					 facilities; demolitions and relocations; labor, materials, machinery and
					 equipment; services of architects, engineers, and environmental and financial
					 experts and other consultants; feasibility studies, plans, specifications,
					 surveys; and environmental reviews; interest prior to and during the carrying
					 out of any project and for a reasonable period thereafter; reserves for debt
					 service or other capital expenses; cost of issuance of local governmental
					 obligations or obligations of privately organized water suppliers issued to
					 finance the obligations including, without limitation, fees, charges, and
					 expenses and costs relating to the loan evidence.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.9 - Capacity Development

Current through June 14, 2024
A. In order to be
				  eligible for financial assistance under the DWSRF program, eligible public
				  water systems must demonstrate that they have the technical, financial and
				  managerial capability to maintain compliance with the "Rules and Regulations
				  Pertaining to Public Drinking Water" unless the owner or operator of the system
				  agrees to undertake feasible and appropriate changes in operation or if the use
				  of the financial assistance from the DWSRF will ensure compliance.
B. Technical and Managerial Capacity
1. The Department's determination of
				  technical and managerial capacity will be based on the water system's ability
				  to maintain substantial compliance with all of the requirements specified in
				  the Department's Technical and Managerial Capacity Analysis worksheet.
				  Assurance of technical and managerial capacity will be based on:
a. Compliance with the "Rules and Regulations
				  Pertaining to Public Drinking Water".
b. Compliance with the "Rules and Regulations
				  Pertaining to the Certification of Public Drinking Water Supply Treatment and
				  Public Water Supply Transmission and Distribution Operators".
c. Compliance with the "Rules and Regulations
				  for Clean Water Infrastructure Plans".
d. Compliance with the Public Drinking Water
				  Protection Act (R.I. Gen. Laws. Chapter 46-15.3).
e. Compliance with the Water Supply
				  Management Act (R.I. Gen. Laws Chapter 46-15.4).
f. Correction of all critical deficiencies on
				  the applicant's last sanitary survey.
g. For water systems serving less than 50
				  million gallons per year, an analysis of necessary and/or planned operational
				  and capital improvements over the next five (5) years.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.10 - Certificate of Approval

Current through June 14, 2024
A. A Certificate of
				  Approval for a project shall be issued by the Director to a local governmental
				  unit or privately organized water supplier prior to receiving financial
				  assistance from the Bank. The Certificate of Approval shall specify the project
				  or portion thereof eligible for financial assistance, the cost of the project
				  or portion thereof, and other terms, conditions, and limitations with respect
				  to the planning, engineering, construction and operation of the project as the
				  Director shall determine.
B. All
				  applications for a Certificate of Approval must be submitted to the Department
				  and must include:
1. A summary sheet listing a
				  breakdown of project costs and portions for which financial assistance is being
				  sought.
2. Sufficient evidence to
				  show that the water system has the technical and managerial capabilities to
				  maintain compliance with the "Rules and Regulations Pertaining to Public
				  Drinking Water"
3. A Categorical
				  Exclusion (CE), Finding of No Significant Impact, or a Record of Decision
				  indicating that the project has successfully undergone an environmental review
				  in accordance with §
											6.11   of this Part.
3. Certification that the project is
				  consistent with the State Guide Plan. Projects that qualify for categorical
				  exclusions are exempt.
4.
				  Certification of intent to comply with all applicable provisions of federal
				  and/or state laws.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.11 - Environmental Review Process

Current through June 14, 2024
A. General Process
				  and Background
1. This State Environmental
				  Review Process (SERP) addresses compliance with the National Environmental
				  Policy Act, a requirement of the SDWA for all projects funded with the federal
				  portion of the Rhode Island DWSRF program. Further, environmental review for
				  natural resources inventories and consistency with the State Guide Plan (SGP)
				  is required for all projects funded by the state portion of the DWSRF program,
				  except for those that qualify for a categorical exclusion. The Rhode Island
				  Comprehensive Planning and Land Use Act [R.I. Gen. Laws Chapter 45-22.2]
				  requires not only the coordination and consistency between state and local
				  planning programs in the development of the Community Comprehensive Plan, but
				  also consideration of environmental conditions during planning similar in many
				  respects to National Environmental Policy Act.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.12 - Green Project Reserve (GPR)

Current through June 14, 2024
6.12.1
Introduction
A. GPR may be used
				  for planning, design and/or building activities. Under the GPR in the DWSRF
				  both entire projects may be considered for inclusion or appropriate
				  identifiable components of larger projects may be considered for inclusion. All
				  projects or project components counted toward the GPR requirement must clearly
				  advance one or more of the objectives articulated in the following four (4)
				  categories of GPR:
1. Green
				  Infrastructure;
2. Water
				  Efficiency;
3. Energy Efficiency;
				  and
4. Environmentally Innovative.
				  Source water protection projects are not eligible for RI DWSRF
				  funding.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.13 - Loan Program

Current through June 14, 2024
All loan requirements are contained in the Bank's loan
					 policies and procedures
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.14 - Project Administration and Audit

Current through June 14, 2024
The Department shall have the authority to inspect the
					 construction and operation of approved projects for compliance with this
					 Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 6 - Drinking Water State Revolving Fund (216-RICR-50-05-6) › Section 216-RICR-50-05-6.15 - Rules Governing Practices and Procedures

Current through June 14, 2024
All hearings and reviews required under the provisions of
					 R.I. Gen. Laws Chapter 46-12.8, shall be held in accordance with the provisions
					 of the "Rules and Regulations Pertaining to Practices and Procedures Before the
					 Rhode Island Department of Health" and "Rules and Regulations Pertaining to
					 Access to Public Records of the Rhode Island Department of Health".
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 7 - Clean Water Infrastructure Plans (216-RICR-50-05-7) › Section 216-RICR-50-05-7.1 - AUTHORITY

Current through June 14, 2024
A. These rules and regulations are
				  promulgated pursuant to the authority conferred by R.I. Gen. Laws §
										46-15.6-7.
B. The terms and provisions of the rules and
				  regulations shall be liberally construed to allow the Department of Health to
				  effectuate the purposes of the state law, goals, and policies consistent with
				  the R.I. Gen. Laws Chapter 46-15.6.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 7 - Clean Water Infrastructure Plans (216-RICR-50-05-7) › Section 216-RICR-50-05-7.2 - PURPOSE

Current through June 14, 2024
A. The waters of this state are a critical
				  renewable resource which must be protected to insure the continued availability
				  of safe and potable drinking water for present and future needs. It is a
				  paramount policy of the state to protect the purity of present and future
				  drinking water supplies by protecting the infrastructure of potable water,
				  including sources, treatment plants and distribution systems. The decay of
				  water supply infrastructure due to deterioration or functional obsolescence can
				  threaten the quality of water supplies and therefore can endanger public
				  health. Therefore, it is necessary to take timely and continuing steps to
				  repair and replace the infrastructure used to treat and deliver drinking water
				  from public water suppliers.
B. By
				  planning and funding for future infrastructure replacement, unexpected large
				  capital expenditures causing sudden increases in water rates can hopefully be
				  avoided. The intent of this Infrastructure Replacement Plan is to provide a
				  planning and funding mechanism to ensure that infrastructure replacement
				  programs are carried out by each municipality, district, agency, authority, or
				  other entity engaged in the supply, treatment, transmission, and/or
				  distribution of drinking water.
C.
				  Goals of the plan include the justification of a facility replacement program,
				  the provision of a dedicated and sufficient funding mechanism, the
				  prioritization of infrastructure replacement, and the prevention of the erosion
				  of drinking water infrastructure.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 7 - Clean Water Infrastructure Plans (216-RICR-50-05-7) › Section 216-RICR-50-05-7.4 - APPLICABILITY - PREPARATION OF PLANS

Current through June 14, 2024
All water suppliers which supply, obtain, transport,
					 distribute, purchase, and/or sell on a wholesale or retail basis, more than
					 fifty million (50,000,000) gallons of water per year shall be required to
					 prepare, maintain, and carry out a clean water infrastructure replacement plan
					 as described in this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 7 - Clean Water Infrastructure Plans (216-RICR-50-05-7) › Section 216-RICR-50-05-7.5 - CONFORMITY WITH OTHER LEGISLATION

Current through June 14, 2024
The clean water infrastructure replacement plans shall be
					 in conformity with all applicable provisions of state and federal laws
					 including the federal Safe Drinking Water Act (42 U.S.C. §
											300f  et seq.); and R.I. Gen.
					 Laws Chapter 46-13, Public Drinking Water Supply. Infrastructure replacement
					 plans must be consistent with the Comprehensive 3 Plan for the community or
					 communities associated with the water system. Infrastructure replacement plans
					 shall also be consistent with the water supply management plans required under
					 R.I. Gen. Laws §
										46-15.3-5.1.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 7 - Clean Water Infrastructure Plans (216-RICR-50-05-7) › Section 216-RICR-50-05-7.7 - REVIEW OF PLANS

Current through June 14, 2024
A. Water suppliers
				  subject to the requirements of this Part shall file six copies of the clean
				  water infrastructure plan with the Center for Drinking Water Quality of the
				  Department. Plans must be submitted no later than one year subsequent to the
				  date the system's water supply management plan is due.
B. The Department shall coordinate review of
				  the plan with the Department of Environmental Management's Division of Water
				  Supply Management, the Department of Administration's Division of Planning, the
				  Water Resources Board, and the Public Utilities Commission. The PUC shall only
				  review Plans for those systems which are regulated by the PUC. Each Department
				  shall have one hundred twenty (120) days to review the plan and submit comments
				  to the Department of Health. Upon consideration of the comments, the Department
				  shall determine if the plan complies with the requirements of this Part within
				  two hundred forty days (240) of the initial submission. A thirty (30) day
				  public comment period is inclusive in this two hundred forty day (240) review
				  period.
C. Water suppliers shall
				  review and update their infrastructure replacement plans at a minimum frequency
				  of every five years. Major modifications or revisions to the infrastructure
				  replacement plan shall be submitted for review more frequently as
				  necessary.
D. Water suppliers shall
				  implement the infrastructure replacement plan according to the approved plan.
				  On-site review of facility components may be conducted by the Department when
				  appropriate and/or applicable. The responsible official of the water supply
				  system shall be required to verify that construction expenditures are
				  consistent with the plan.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 7 - Clean Water Infrastructure Plans (216-RICR-50-05-7) › Section 216-RICR-50-05-7.9 - Component Life Expectancy and Actual Life Expectancy Guideline

Current through June 14, 2024
7.9.1
Typical Life Expectancy
A. Source of Supply Plant
1. Structures and improvements: 35-40
				  years
2. Collecting/Impounding
				  reservoirs: 50-75 years
3. Intake
				  structures: 35-45 years
4. Wells
				  and springs: 25-35 years
5.
				  Galleries and tunnels: 25-50 years
6. Supply mains: 50-75
				  years
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.1 - Authority and Scope

Current through June 14, 2024
1.1.1
Authority
These Regulations are amended pursuant to the authority of
					 R.I. Gen. Laws Chapters
					 21-27 and
					 23-1 and are developed for
					 establishing minimum standards for food safety and sanitation in food
					 businesses and food establishments.
1.1.2
Scope
These Regulations establish definitions; sets standards for
					 management and personnel, food operations and equipment and facilities; and
					 provides food establishment plan review, plan issuance, inspection, employee
					 restriction and permit suspension. It applies to retail food operations within
					 food establishments licensed by the Rhode Island Department of Health (RIDOH)
					 but does not apply to activities regulated by Part 4 and Part 6 of this
					 Subchapter.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.2 - Incorporation by Reference

Current through June 14, 2024
These Regulations hereby adopt and incorporate the 2017 FDA
					 Food Code by reference and the Supplement to the 2017 Food Code (2019), not
					 including any further editions or amendments thereof and only to the extent
					 that the provisions therein are not inconsistent with these
					 Regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.4 - Management and Personnel

Current through June 14, 2024
1.4.1
Supervision
A. The food
				  establishment shall have a manager certified in food safety, as specified in
				  Part 2 of this Subchapter.
B. Food
				  employees and conditional employees are informed in writing of their
				  responsibility to report in accordance with the law, to the person in charge,
				  information about their health and activities as they relate to diseases that
				  are transmissible through food.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.5 - Food

Current through June 14, 2024
1.5.1
Preventing Contamination from
				  Hands
A. Food employees may not contact
				  exposed, ready-to-eat food with their bare hands and shall use suitable
				  utensils such as deli tissue, spatula, tongs, singleuse gloves or dispensing
				  equipment. This does not apply to the following:
1. Contains a raw animal food and is to be
				  cooked in the food establishment to heat all parts of the food to minimum
				  temperatures as specified in the Code.
2. Does not contain a raw animal food but it
				  is to be cooked in the food establishment to heat all parts of the food to a
				  temperature of at least sixty-three degrees Celsius (63& deg; C) (one
				  hundred forty-five degrees Fahrenheit (145 & deg; F)).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.6 - Physical Facilities

Current through June 14, 2024
1.6.1
Prohibiting Animals
A. Live
				  animals may not be allowed on the premises of a food establishment, except as
				  follows:
1. Live animals may be allowed in
				  the following situations if the contamination of food; clean equipment,
				  utensils, and linens; and unwrapped single-service and single-use articles will
				  not result:
a. Edible fish or decorative fish
				  in aquariums, shellfish or crustacea on ice or under refrigeration, and
				  shellfish and crustacea in display tank systems;
b. Patrol dogs accompanying police or
				  security officers in offices and dining, sales, and storage areas, and sentry
				  dogs running loose in outside fenced areas;
c. Service animals controlled by a disabled
				  employee or person are permitted in areas that are not used for food
				  preparation and that are usually open to customers, such as indoor and outdoor
				  dining and sales areas, but only if a health or safety hazard will not result
				  from the presence or activities of the service animal.
d. Pets in the common dining areas of
				  institutional care facilities such as nursing homes, assisted living
				  facilities, group homes, or residential care facilities at times other than
				  during meals if:
(1) Effective partitioning
				  and self-closing doors separate the common dining areas from food storage or
				  food preparation areas,
(2)
				  Condiments, equipment, and utensils are stored in enclosed cabinets or removed
				  from the common dining areas when pets are present, and
(3) Dining areas including tables,
				  countertops, and similar surfaces are effectively cleaned before the next meal
				  service; and
e. In areas
				  that are not used for food preparation, storage, sales, display, or dining, in
				  which there are caged animals or animals that are similarly confined, such as
				  in a variety store that sells pets or a tourist park that displays
				  animals.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.7 - Compliance

Current through June 14, 2024
1.7.1
Contents of the Plans and
				  Specifications
A. The plans and
				  specifications for a food establishment, including a food establishment
				  specified under HACCP Plan requirements under the Code, shall include, as
				  required by RIDOH based on the type of operation, type of food preparation, and
				  foods prepared, the following information to demonstrate conformance with Code
				  provisions:
1. Intended menu;
2. Anticipated volume of food to be stored,
				  prepared, and sold or served;
3.
				  Proposed layout, mechanical schematics, construction materials, and finish
				  schedules;
4. Proposed equipment
				  types, manufacturers, model numbers, locations, dimensions, performance
				  capacities, and installation specifications;
5. Evidence that standard operating
				  procedures that ensure compliance with the requirements of the Code are
				  developed or being developed; and
6. Other information that may be required by
				  RIDOH for the proper review of the proposed construction, conversion or
				  modification, and procedures for operating a food establishment.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.8 - Supplemental Regulations for Mobile Food Establishments

Current through June 14, 2024
In addition to the specific requirements of this Part, the
					 following apply to mobile food establishments:
1.8.1
Classifications of Mobile Food
				  Establishments
A. MFE Type 1
1. Commercially processed pre-packaged food
				  that is Non-Time Temperature Control for Safety food (e.g., cookies, crackers,
				  potato chips, pretzels)
2.
				  Commercially processed pre-packaged Time Temperature Control for Safety food
				  that is ready to eat (e.g., cold sandwiches, ice cream)
3. Dispensed bulk Non-Time Temperature
				  Control for Safety food (e.g.,popcorn, roasted nuts, frozen lemonade)
4. Pre-cooked, low-risk Time Temperature
				  Control for Safety food (e.g., hot dogs, precooked sandwiches)
5. Requirements:
a. Adequate cold holding if Time Temperature
				  Control for Safety food
b. No
				  commissary needed
c. No hand sink
				  required
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.9 - Supplemental Regulations for Temporary Food Establishment

Current through June 14, 2024
RIDOH may limit and/or modify the nature of the food
					 service operation and/or the type of food served at the temporary food
					 establishment to protect the health and safety of the public. Temporary food
					 establishment operations may be limited in terms of the number of individuals
					 served, methods of preparation and storage, the kinds of utensils used, or the
					 type of food served.
1.9.1
Sponsor Requirements
A. The
				  event sponsor shall complete the sponsor form thirty (30) days prior to the
				  event.
B. The event sponsor shall
				  inform RIDOH of any changes or additions made after the original application
				  was reviewed.
C. The event sponsor
				  shall notify temporary food establishments that will be associated with the
				  special event that they are required to make advance application for a permit
				  to operate.
D. The event sponsor
				  shall ensure that unapproved temporary food establishments do not operate at or
				  during the special event.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.10 - Farm Home Food Manufacturers

Current through June 14, 2024
All farm home food manufacturers must comply with R.I. Gen.
					 Laws §
										21-27-6.1, Farm Home Food
					 Manufacture.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.11 - Cottage Food Manufacturers

Current through June 14, 2024
All cottage food manufacturers must comply with R.I. Gen.
					 Laws §
										21-27-6.2, Cottage Food
					 Manufacture.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 1 - Rhode Island Food Code › Section 216-RICR-50-10-1.12 - Enforcement

Current through June 14, 2024
1.12.1
Denial, Suspension, Revocation
				  of Registration
A. RIDOH is authorized
				  to deny, suspend or revoke the registration of a food establishment for just
				  cause which includes, but is not limited to:
1. Failure to comply with this Part;
				  and
2. Failure to comply with any
				  Federal, State, or local laws and Regulations relating to food and/or food
				  establishments.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 2 - Certification of Managers in Food Safety (216-RICR-50-10-2) › Section 216-RICR-50-10-2.1 - AUTHORITY AND PURPOSE

Current through June 14, 2024
2.1.1
Authority
These amended Rules and Regulations for Certification of
					 Managers in Food Safety are promulgated pursuant to the authority conferred in
					 R.I. Gen. Laws Chapters 21-27 and 23-1, as amended, and are established for the
					 purpose of protecting Rhode Island consumers from foodborne illness.
2.1.2
Purpose
The purpose of these rules and regulations is to provide
					 the requirements for the certification and recertification of food safety
					 managers.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 2 - Certification of Managers in Food Safety (216-RICR-50-10-2) › Section 216-RICR-50-10-2.2 - DEFINITIONS

Current through June 14, 2024
A. "Bed and breakfast establishment" means an
				  owner/occupied residence providing accommodations for a charge to the public in
				  operation for more than ten (10) nights in a twelve (12) month period.
				  Breakfast may be provided to guests only. The total number of individuals
				  served shall not exceed twelve (12), including the owner and any other
				  individuals living or eating on the premises. Bed and breakfast establishments
				  shall not include motels, hotels, or boarding houses.
B. "Center" means the Center for Food
				  Protection, Rhode Island Department of Health.
C. "Director" means the Director of the Rhode
				  Island Department of Health.
D.
				  "Employee" means any person who works with or without pay in a food
				  establishment.
E. "Examination"
				  means an examination in food safety approved by the Center in accordance with
				  the provisions of these regulations.
F. "Food establishment" means any place where
				  food is prepared and intended for individual portion service, and includes the
				  site at which individual portions are provided. The term includes any such
				  place regardless of whether consumption is on or off the premises and
				  regardless of whether there is a charge for the food. The term includes but is
				  not limited to restaurants, caterers, nursing and retirement homes, hospitals,
				  private clubs, industrial cafeterias, public and private educational
				  institutions, and delicatessens in retail food stores that cook and offer
				  prepared food in individual service portions.
G. "Food Safety Course" means a course
				  approved by the Center in accordance with the provisions of these
				  regulations.
H. "Full-time
				  equivalent" means forty (40) hours a week.
I. "Itinerant vendor" means a food vending
				  business serving food or drink from any establishment or conveyance without
				  fixed locations and without connection to water supply and sewage disposal
				  systems.
J. "Manager certified in
				  food safety" means a person certified in this state in accordance with the
				  requirements herein.
K. "Person in
				  charge" means the individual present at a food establishment who is responsible
				  for the operation at the time of inspection.
L. "Time Temperature Control for Safety Food
				  (TCS)" means any food or food ingredient, natural or synthetic in a form
				  capable of supporting a) the rapid and progressive growth of infectious or
				  toxigenic microorganisms or b) the slower growth of Clostridium
				  botulinum.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 2 - Certification of Managers in Food Safety (216-RICR-50-10-2) › Section 216-RICR-50-10-2.3 - CERTIFICATION REQUIREMENTS

Current through June 14, 2024
2.3.1
General
				  Requirements
A. Each food establishment
				  where Time Temperature Control for Safety Food (TCS) is prepared shall employ
				  at least one (1) full-time, on-site manager certified in food safety who is at
				  least eighteen (18) years of age.
B. Each food establishment where TCS is
				  prepared must have a person in charge on-site during food preparation and
				  serving times. The person in charge must demonstrate knowledge by successfully
				  completing a Center approved food safety certification course.
C. Establishments which employ ten (10) or
				  more full-time equivalent employees directly involved in food preparation shall
				  employ at least two (2) full time, on-site managers certified in food
				  safety.
D. 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 Center approved food safety course. However, said time period may
				  be extended by the Center.
E.
				  Department of Health certificates for managers certified in food safety shall
				  be prominently posted in the establishment next to the license to operate. The
				  certificate shall be removed when the individual is no longer employed by the
				  establishment.
F. 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 pursuant to these regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 2 - Certification of Managers in Food Safety (216-RICR-50-10-2) › Section 216-RICR-50-10-2.5 - ADMINISTRATION AND ENFORCEMENT

Current through June 14, 2024
2.5.1
EXEMPTIONS
A. Employees of
				  municipal and state food establishments shall be exempt from payment of the
				  renewal fee.
B. The provision of
				  R.I. Gen. Law §§21-27-11
				  through
				  21-27-11.13 of the
				  general laws, and these regulations concerning certification of managers in
				  food safety, shall not apply to:
1. Special
				  events sponsored by town or nonprofit civic organizations such as, but not
				  limited to, school sporting events, firemen's picnics, little league food
				  booths, grange and church suppers, and fairs;
2. Temporary food services which have a
				  frequency of less than six (6) events a year such as bazaars, bake sales and
				  suppers. Individuals responsible for temporary food operations preparing TCS
				  shall be required to register with the Center, obtain food safety informational
				  brochures and distribute these materials to the individuals engaged in food
				  preparation for the event;
3.
				  Itinerant vendors and other food establishments that serve only commercially
				  pre-packaged foods, beverages and commercially precooked TCS requiring no
				  manual handling of the food product such as frankfurters;
4. Retail food stores and delicatessens where
				  only cold foods are prepared provided, however, that no vacuum packaging or
				  other processes are performed which will support the growth of Clostridium
				  botulinum.
5. Private homes, and
				  bed and breakfast establishments.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 3 - Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3) › Section 216-RICR-50-10-3.1 - AUTHORITY AND PURPOSE

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws §§
										23-1-5,
					  23-1-17,
					  23-21-1,
					 and
					  23-21-4 and are established to define the minimal standards for recreational facilities
					 consistent with statutory provisions.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 3 - Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3) › Section 216-RICR-50-10-3.3 - ADMINISTRATION

Current through June 14, 2024
3.3.1
Issuance and Expiration of
				  License
No person shall maintain within this state any recreation
					 facility or use as defined in §
										3.2(A)(17)
					   of this Part until such person has obtained a license from RIDOH in accordance
					 with the requirements of R.I. Gen. Laws §
										23-21-2.
					 Licenses are not transferable. All licenses must be prominently displayed at
					 the licensed location.
3.3.2
License Application
The initial application for a license must be on forms
					 provided. A detailed plan drawn to scale showing the entire site, location and
					 layout of buildings, recreational vehicle sites, complete details of water
					 supplies, pumps and service including well logs, sewage and refuse disposal
					 units, bathing areas and all available unit sites must be approved by the
					 Director prior to any construction and before any license can be issued. Plans
					 and construction must comply with all applicable existing laws and regulations.
					 Additions or alterations subsequent to the submission of such will be made only
					 with the approval of the Director.
3.3.3
Suspension or Revocation of
				  License
The Director may suspend or revoke any license for
					 violation of the provisions of R.I. Gen. Laws Chapter 23-21 or these
					 regulations. The provisions of R.I. Gen. Laws §
											23-21-3 shall apply.
3.3.4
Variances
In the event of special situations or unusual conditions,
					 the Director may grant variances to these regulations. Requests for variances
					 will be submitted in writing and detail to the licensing authority.
3.3.5
Retroactivity
Recreational facilities licensed by RIDOH prior to June 10,
					 1980, the initial effective date of these regulations, may be deemed acceptable
					 with respect to said design and construction if they are capable of being
					 maintained in a sanitary condition that protects the public
					 health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 3 - Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3) › Section 216-RICR-50-10-3.4 - GENERAL REQUIREMENTS

Current through June 14, 2024
3.4.1
Animals
				  and Pets
A. No owner or person in
				  charge of a dog, cat or other pet animal shall permit it to run at large or to
				  commit any nuisance within the limits of any recreational facility under these
				  regulations. Any kennels, pens or other areas provided for such pets shall be
				  maintained in a sanitary condition at all times.
B. The applicable provisions of R.I. Gen.
				  Laws Title 4 shall apply where applicable.
C. Horses and other farm animals must be
				  stabled at least five hundred (500) feet away from living quarters, dining
				  halls and kitchens in order to minimize odor and nuisance problems. Temporary
				  shelters, corrals, tie rails or hitching posts shall not be located within two
				  hundred (200) feet of any dining hall or other place where food is prepared,
				  cooked or served. Stables must have cleanable floors properly drained and
				  maintained. Drainage from stables and temporary quarters shall not contaminate
				  any spring, stream, lake or other water drainage. All manure must be removed,
				  stored or disposed of in a manner that prevents insect breeding.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 3 - Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3) › Section 216-RICR-50-10-3.5 - SPECIAL REQUIREMENTS

Current through June 14, 2024
3.5.1
Youth/Adult Camps
A. Toilets,
				  Urinals, and Privies
1. Non-water carried
				  sewage disposal systems such as pit privies, latrines and urinals may not be
				  less than one hundred (100) feet from a kitchen or food service area;
2. Residential camps shall provide
				  handwashing and shower facilities and will meet the minimum requirements as
				  cited in the table titled " Youth - Residential Camps" in §3.4.12(A)(2) of
				  this Part;
3. Sleeping areas shall
				  not be more than two hundred (200) feet from a toilet or urinal nor less than
				  fifty (50) feet from any non-water carried toilets and/or
				  urinals.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 3 - Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3) › Section 216-RICR-50-10-3.6 - COMPLIANCE AND ENFORCEMENT

Current through June 14, 2024
Any person who violates the foregoing regulations shall be
					 subject to the provisions of R.I. Gen. Laws §
										23-21-8.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.1 - AUTHORITY AND PURPOSE

Current through June 14, 2024
4.1.1
AUTHORITY
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws Chapters 21-27, 21-31, and 23-1, as amended, and
					 are established for the purpose of adopting minimum safety standards for
					 manufacturing, packing, holding or distributing human food for sale in Rhode
					 Island.
4.1.2
SCOPE
A. These regulations apply
				  to every person who grows, manufactures, packs, repacks, cans, bottles, keeps,
				  exposes, stores, handles, sells, transports or distributes food in Rhode
				  Island, whether or not for profit. It applies to wholesale food processing
				  operations within food establishments licensed by RIDOH, but does not apply to
				  food prepared in the home for family consumption, or activities regulated by
				  the Rhode Island Department of Health Food Code, Part 1 of this Subchapter and
				  Processing and Distribution of Shellfish, Part 6 of this Subchapter.
B. The requirements of these regulations
				  include but are not limited to every person who:
1. Operates as a wholesale seafood dealer or
				  a wholesale seafood truck;
2.
				  Cooks, smokes or otherwise processes seafood or combines seafood with
				  non-seafood ingredient(s), for sale at wholesale;
3. Engages in the business of slaughtering
				  livestock or poultry or processing meat or poultry for sale at wholesale;
4. Operates a milk pasteurization
				  plant;
5. Manufactures butter or
				  cheese for sale at wholesale;
6.
				  Manufactures frozen desserts or frozen dessert mix;
7. Manufactures or bottles non-alcoholic
				  beverages, whether carbonated or non-carbonated, for human consumption;
8. Manufactures juice or apple
				  cider for sale at wholesale;
9.
				  Operates a cold storage or refrigerating warehouse, or a food
				  warehouse;
10. Manufactures,
				  processes or distributes any food not specifically named in this section,
				  including dietary supplements, for sale at wholesale.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.3 - ADOPTION OF FEDERAL REGULATIONS

Current through June 14, 2024
A. All licensees
				  and permit holders shall comply with all federal regulations that are
				  applicable to the type of food processing that they conduct. Such regulations
				  include but are not necessarily limited to the following.
1. Food Processing
a.  21 C.F.R. Part 106  (except §106.120
				 ): Infant Formula Quality Control Procedures;
b.  21 C.F.R. Part 109 : Unavoidable
				  Contaminants in Food for Human Consumption and Food-Packaging
				  Materials;
c.  21 C.F.R. Part 110 :
				  Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human
				  Food;
d.  21 C.F.R. Part 111 :
				  Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling or
				  Holding Operations for Dietary Supplements;
e.  21 C.F.R. Part 113 : Thermally Processed
				  Low-Acid Foods Packaged in Hermetically Sealed Containers;
f.
												21 C.F.R. 108.35: Emergency Permit Control -
				  Thermal Processing of Low-Acid Foods Packaged in Hermetically Sealed
				  Containers;
g.  21 C.F.R. Part 114 :
				  Acidified Foods;
h.
												21 C.F.R. 108.25:
				  Emergency Permit Control - Acidified Foods;
i.
												21 C.F.R. Part 11 5: Shell Eggs;
j.  21 C.F.R. Part 117 : Current Good
				  Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls
				  for Human Food;
k. 21 C.F.R. Part
				  118: Production, Storage and Transportation of Shell Eggs;
l.  21 C.F.R. Part 120 : Hazard Analysis and
				  Critical Control Point (HACCP) Systems;
m.  21 C.F.R. Part 123 : Fish and Fishery
				  Products;
n.  21 C.F.R. Part 129 :
				  Processing and Bottling of Bottled Drinking Water.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.4 - NATURAL OR UNAVOIDABLE DEFECTS IN FOOD FOR HUMAN USE THAT PRESENT NO HEALTH HAZARD-DEFECT ACTION LEVELS

Current through June 14, 2024
A. Compliance
				  with defect action levels does not excuse violation of the requirement of R.I.
				  Gen. Laws Chapter 21-31 that food not be prepared, packed, or held under
				  unsanitary conditions or the requirements of these Regulations that food
				  manufacturers, distributors, and holders shall observe current good
				  manufacturing practice. Evidence indicating that such a violation exists causes
				  the food to be adulterated within the meaning of these Regulations, even though
				  the amounts of natural or unavoidable defects are lower than the currently
				  established defect action levels. The manufacturer, distributor, and holder of
				  food shall always utilize quality control operations that reduce natural or
				  unavoidable defects to the lowest level currently feasible.
B. The mixing of a food containing defects
				  above the current defect action level with another lot of food is not permitted
				  and renders the final food adulterated within the meaning of these Regulations,
				  regardless of the defect level of the final food.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.5 - SUPPLEMENTAL REGULATIONS FOR FISH AND FISHERY PRODUCTS

Current through June 14, 2024
No person shall operate as a wholesale seafood dealer,
					 retail seafood dealer or wholesale seafood truck without a valid permit issued
					 by RIDOH. No person shall operate as such a dealer in violation of applicable
					 laws or in violation of any of the requirements specified in these
					 Regulations.