216 R.I. Code R. 216-RICR-50-10-4.1

Current through December 26, 2024

Section 216-RICR-50-10-4.1 - AUTHORITY AND PURPOSE

4.1.1AUTHORITY

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.

4.1.2SCOPE

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.

4.1.3INCORPORATION BY REFERENCE

A. These regulations hereby adopt and incorporate the FDA Food Safety Modernization Act (FSMA) Final Rule on Preventive Controls for Human Food 21 C.F.R. § 117 (2015) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B. These regulations hereby adopt and incorporate the FDA FSMA Final Rule on Sanitary Transportation of Human and Animal Food 21 C.F.R. § 1 (2016) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

C. These regulations hereby adopt and incorporate the FDA FSMA Final Rule for Mitigation Strategies to Protect Food Against Intentional Adulteration rule 21 C.F.R. § 121 (2016) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

D. These regulations hereby adopt and incorporate the Grade "A" Pasteurized Milk Ordinance (2015) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

216 R.I. Code R. 216-RICR-50-10-4.1