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 September 18, 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.

B. Whenever an action shall be proposed to deny, suspend, or revoke the registration of a food business, RIDOH shall notify the food business by certified mail, setting forth the reasons for the proposed action, and the applicant or licensee shall be given an opportunity for a prompt and fair hearing in accordance with R.I. Gen. Laws § 42-35-9.
1. If RIDOH finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, RIDOH may order summary suspension of registration or curtailment of activities pending proceedings for revocation or other action in accordance with R.I. Gen. Laws §§ 23-1-21 and 42-35-14(c).

1.12.2 Other Enforcement Actions

RIDOH is empowered to institute such measures authorized by law which it deems appropriate to secure compliance with the provisions of this Part. Any such action shall include notice and opportunity for a hearing, provided; however, if an imminent health hazard exists the Director may issue an immediate compliance order requiring immediate action pursuant to the authority contained in R.I. Gen. Laws § 23-1-21.

1.12.3 Hearings 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 this Part shall be held in accordance with the provisions of Part 10-05-4 of this Title.

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