216 R.I. Code R. 216-RICR-50-10-4.10

Current through December 26, 2024

Section 216-RICR-50-10-4.10 - COMPLIANCE AND ENFORCEMENT

4.10.1VARIANCES

RIDOH may grant a variance by modifying or waiving the requirements of these Regulations if in the opinion of RIDOH a health hazard or nuisance will not result from the variance. If a variance is granted, RIDOH shall retain the information in its records.

4.10.2enforcement options

A. The Director may pursue any combination of the following administrative and judicial enforcement actions, depending upon the circumstances and gravity of each case:

1. Confiscation of food pursuant to R.I. Gen. Laws § 21-27-4;

2. Notice to cease business pursuant to R.I. Gen. Laws § 21-27-5;

3. Penalties for violations pursuant to R.I. Gen. Laws §§ 21-27-9 and/or 21-31-5;

4. Administrative fines pursuant to R.I. Gen. Laws § 21-27-11.11;

5. Embargo, condemnation and destruction of adulterated food pursuant to R.I. Gen. Laws § 21-31-6;

6. Penalties for obstruction of inspections or examinations pursuant to R.I. Gen. Laws § 23-1-19;

7. Compliance orders pursuant to R.I. Gen. Laws § 23-1-20;

8. Immediate compliance orders pursuant to R.I. Gen. Laws § 23-1-21;

9. Enforcement of compliance orders pursuant to R.I. Gen. Laws § 23-1-23;

10. Criminal penalties pursuant to R.I. Gen. Laws § 23-1-25; and

11. Revocation, suspension, or other disciplinary action pursuant to R.I. Gen. Laws § 21-27-10(c) regarding a registration issued in accordance with R.I. Gen. Laws § 21-27-10.

B. The imposition of one of more remedies and/or penalties provided in § 4.10 of this Part shall not prevent the Director from jointly exercising any other remedy or penalty available to him or her by statute or regulation.

C. Consent Agreement/Order. Nothing in these regulations shall preclude the Director from resolving outstanding violations or penalties through a Consent Agreement or Consent Order at any time he or she deems appropriate.

4.10.3HEARING AND REVIEWS

All hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 21-31 and/or R.I. Gen. Laws Chapter 23-1 and these Regulations shall be held in accordance with the provisions of the Rhode Island Department of Health "Rules and Regulations Pertaining to Practices and Procedures Before the Rhode Island Department of Health."

216 R.I. Code R. 216-RICR-50-10-4.10