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-50-10-1.3 - Definitions
Universal Citation: 216 RI Code of Rules 50 10 1.3
Current through September 18, 2024
A. Wherever used in this Part, the terms listed below shall be construed in the following manner:
1. "Approved" means approved by the Director
or his or her duly appointed agents.
2. "Approved source" means that the food is
purchased from commercial supplies, including cottage food manufacturers, under
regulatory control that has been deemed acceptable by RIDOH based on a
determination of conformity with principles, practice and generally recognized
standards that protect public health.
3. "Bed and breakfast" 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 only provided to guests. The total number of visitors 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.
4. "Center" means the Center for Food
Protection, RIDOH.
5. "Code" means
the FDA Food Code (2017).
6.
"Commissary" means an operating base location to which a mobile food
establishment or transportation vehicle returns regularly for such things as
food preparation, food storage, vehicle and equipment cleaning, discharging
liquid or solid wastes, refilling water tanks and ice bins.
7. "Cottage food manufacture" means the
production in accordance with the requirements of R.I. Gen. Laws §
21-27-6.2 of allowable foods for
retail sale directly to the consumer in a residential kitchen or a rented
commercial kitchen licensed by RIDOH.
8. "Director" refers to the Director of RIDOH
or the Director's duly appointed agents.
9. "Employee" means any person who works with
or without pay in a food establishment.
10. "Farm home food manufacture" means the
production in accordance with the requirements of R.I. Gen. Laws §
21-27-6.1 of food for retail sale
in a residential kitchen on a farm which produces agricultural products for
human consumption and the operator of which is eligible for exemptions from the
sales and use tax in accordance with R.I. Gen. Laws
§44-1830(32).
11. "Farmer's
market" means a market where two (2) or more farmers are selling produce
exclusively grown on their own farms on a retail basis to consumers. Excluded
from this term is any market where farmers or others are selling produce at
wholesale and/or any market in which any individual is selling produce not
grown on his or her own farm.
12.
"Food" means:
a. Articles used for food or
drink for people or animals;
b.
Chewing gum; and/or
c. Articles used
for components of any food or drink article.
13. "Food business" means and includes any
establishment or place, whether fixed or mobile, where food or ice is held,
processed, manufactured, packaged, prepared, displayed, served, transported or
sold.
14. "Food service
establishment" means any fixed or mobile restaurant, coffee shop, cafeteria,
short-order caf & Atilde; ,luncheonette, grill, tearoom, sandwich shop,
soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand,
industrial feeding establishment, cultural heritage education facility,
private, public or non-profit organization or institution routinely serving
food, catering kitchen, commissary or similar place in which food or drink is
prepared for sale or for service on the premise or elsewhere, and any other
eating or drinking establishment or operation where food is served or provided
for the public with or without charge.
15. "Full-time equivalent" means forty (40)
hours a week.
16. "Good hygiene
practices" means proper handwashing and personal cleanliness as specified under
§§2-3 and 2-4 of the Code.
17. "Hazard analysis critical control point"
or "HACCP" means a written document that delineates the formal procedures for
following HACCP principles developed by the National Advisory Committee on
microbiological criteria for foods.
18. "Highly susceptible population" means
persons who are more likely than other people in the general population to
experience foodborne disease because they are:
a. Immunocompromised, preschool age children,
or older adults; and
b. Obtaining
food at a facility that provides services such as custodial care health care or
assisted living, such as a child or adult day care center, kidney dialysis
center, hospital or nursing home, or nutritional or socialization services such
as a senior center.
19.
"Itinerant vendor" means a food vending business serving food or drink from any
establishment or conveyance without food locations and without connection to
water supply and sewage disposal systems.
20. "Manager certified in food safety" means
a person certified in this State in accordance with the requirements in R.I.
Gen. Laws Chapter 21-27.
21.
"Mobile food establishment" or "MFE" means a food service operation that is
operated from a movable motor driven or propelled vehicle, portable structure,
or watercraft that can change location.
22. "Mobile food service unit" means a unit
that prepares and/or sells food products for direct consumption.
23. "Operator" in relation to food vending
machines means any person who by contract, agreement, lease, rental or
ownership sells food from vending machines.
24. "Person" means any individual, firm,
co-partnership, association, or private or municipal corporation.
25. "Person in charge" means the individual
present at a food establishment who is responsible for the operation at the
time of inspection.
26. "Permanent
food establishment" or "PFE" means a licensed food establishment operating in a
permanently constructed structure. This does not include a temporarily food
establishment or mobile food establishment.
27. "Processor" means one who combines,
handles, manufactures or prepares, packages and stores food products.
28. "Retail peddler" means a food business
which sells meat, seafood, and dairy products directly to the consumer, house
to house or in a neighborhood.
29.
"RIDOH" means the Rhode Island Department of Health.
30. "R.I. Gen. Laws" means the General Laws
of Rhode Island, as amended.
31.
"Roadside farm stand" means a stand or location adjacent to a farm where
produce grown only on that farm is sold at the time of harvest.
32. "Special event" means a temporary event,
or transitory public gathering that takes place at a given location for a
specific purpose, including, but not limited to, a fair, festival, exposition,
show, concert or other similar activity that does not recur on a regularly
scheduled basis within a year and is conducted wholly on public property or
partly on public property. The event has a defined start and stop date, with
the given event not exceeding fourteen (14) consecutive days.
33. "Special event sponsor" means the person,
group, association, organization, corporation or governmental agency sponsoring
or promoting and coordinating a special event.
34. "Temporary food establishment" means a
food establishment that operates for a period of no more than fourteen (14)
consecutive days in conjunction with a single event or celebration.
35. "Time temperature control for safety
food" or "TCS" means any food or food ingredient, natural or synthetic, in a
form capable of supporting pathogenic microorganism growth or toxin
formation.
36. "Vending machine
site or location" means the room, enclosure, space or area where one (1) or
more vending machines are installed and/or operated.
37. "Warehouse" means a place for the storage
of dried, fresh or frozen food or food products, not including those areas
associated within or directly part of a food establishment or retail
market.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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