216 R.I. Code R. 216-RICR-50-10-1.7

Current through December 26, 2024

Section 216-RICR-50-10-1.7 - Compliance

1.7.1Contents 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.

1.7.2When a Hazard Analysis Critical Control Point (HACCP) Plan is Required

A. Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to RIDOH for approval a properly prepared HACCP plan as specified in the relevant provisions of the Code if:

1. Submission of a HACCP plan is required according to law;

2. A variance is required as specified under §§3-401.11(D)(3), 3-502.11, and 4-204.110(B) of the Code;

3. RIDOH determines that a food preparation or processing method requires a variance based on a plan submittal specified in §1.7.1 of this Part, an inspectional finding, or a variance request.

B. Before engaging in reduced oxygen packaging without a variance as specified under §3-502.12 of the Code, a permit applicant or permit holder shall submit a properly prepared HACCP plan to RIDOH.

1.7.3Contents of a HACCP Plan

A. For a food service establishment that is required under §8-201.13 of the Code to have a HACCP plan, the plan and specifications shall indicate:

1. General information such as the name of the permit applicant or permit holder, the food establishment address, and contact information;

2. A categorization of the types of time temperature control for safety foods that are to be controlled under the HACCP Plan; and

3. A flow diagram or chart for each specific food or category type that identifies:

a. Each step in the process;

b. The hazards and controls for each step in the flow diagram or chart;

c. The steps that are critical control points;

d. The ingredients, materials, and equipment used in the preparation of that food; and

e. Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved.

4. A critical control points summary for each specific food or category type that clearly identifies:

a. Each critical control point;

b. The critical limits for each critical control point;

c. The method and frequency for monitoring and controlling each critical control point by the designated food employee or the person in charge;

d. The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;

e. Action to be taken by designated food employee or person in charge if the critical limits for each critical control point are not met; and

f. Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed.

5. Supporting documents such as:

a. Food employee and supervisory training plan that addresses the food safety issues of concern;

b. Copies of blank records forms that are necessary to implement the HACCP Plan;

c. Additional scientific data or other information, as required by RIDOH, supporting the determination that food safety is not compromised by the proposal.

6. Any other information required by RIDOH.

1.7.4Performance and Risk-Based Inspections

A. RIDOH shall prioritize, and conduct inspections based upon its assessment of a food establishment's history of compliance with the Code and this Part and the establishment's potential as a vector of foodborne illness by evaluating:

1. Past performance, for nonconformance with the Code and this Part or HACCP plan requirements that are critical;

2. Past performance, for numerous or repeat violations of the Code and this Part or HACCP plan requirements that are noncritical;

3. Past performance, for complaints investigated and found to be valid;

4. The hazards associated with the particular foods that are prepared, stored, or served;

5. The type of operation including the methods and extent of food storage, preparation, and service;

6. The number of people served; and

7. Whether the population served is a highly susceptible population.

1.7.5Responsibilities of the Permit Holder

In addition to §8.304.11 of the Code, permit holders must provide immediate access to shopper card and customer food product purchase information when needed during an investigation for a foodborne illness or other imminent threat to public health.

216 R.I. Code R. 216-RICR-50-10-1.7

Amended effective 2/1/2021
Amended effective 12/12/2022