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-50-10-1.8 - Supplemental Regulations for Mobile Food Establishments

Universal Citation: 216 RI Code of Rules 50 10 1.8

Current through September 18, 2024

In addition to the specific requirements of this Part, the following apply to mobile food establishments:

1.8.1 Classifications of Mobile Food Establishments

A. MFE Type 1
1. Commercially processed pre-packaged food that is Non-Time Temperature Control for Safety food (e.g., cookies, crackers, potato chips, pretzels)

2. Commercially processed pre-packaged Time Temperature Control for Safety food that is ready to eat (e.g., cold sandwiches, ice cream)

3. Dispensed bulk Non-Time Temperature Control for Safety food (e.g.,popcorn, roasted nuts, frozen lemonade)

4. Pre-cooked, low-risk Time Temperature Control for Safety food (e.g., hot dogs, precooked sandwiches)

5. Requirements:
a. Adequate cold holding if Time Temperature Control for Safety food

b. No commissary needed

c. No hand sink required

B. MFE Type 2
1. Time Temperature Control for Safety food for same day service (e.g.,hamburgers, grilled sandwiches)

2. Reheating commercially-processed Time Temperature Control for Safety food (e.g., reheating canned soups)

3. Shellfish shucking

4. Requirements:
a. Adequate cold holding

b. Adequate cooking and hot holding equipment

c. Hand sink

d. Three (3) bay sink

e. Manager certified in food safety as required under Part 2 of this Subchapter

f. Purchase food daily or need commissary for food storage

g. Tags for shellfish

C. MFE Type 3
1. Complex Time Temperature Control for Safety food that includes advanced preparation and/or cooling (e.g., chowders, meatballs)

2. Requirements:
a. Adequate cold holding

b. Adequate cooking and hot holding equipment

c. Hand sink

d. Three (3) bay sink

e. Manager certified in food safety as required under Part 2 of this Subchapter

f. Commissary for food preparation and/or storage

1.8.2 Food Operation Limitation

RIDOH may limit and/or modify the nature of the food service operation and/or the type of food served by a mobile food establishment to protect the health and safety of the public. Mobile food establishment operations may be limited regarding types of food and methods of preparation.

1.8.3 Mobile Food Establishment Vendor Requirements

A. Plan Review
1. Any person desiring to operate any Mobile Food Establishment shall submit structural and operating plans.
a. The structural plan should include the materials and layout of the mobile food establishment, dimensions, mechanical schematics, plumbing, equipment and the finish schedule.

b. Standard operating procedures shall include menu, methods of preparation and temperature control, food and water sources, employee health and hygiene and staff training.

1.8.4 Application Requirements

A. An applicant shall submit an application for a permit at least thirty (30) days in advance.

B. An applicant shall pay the required fee for mobile food establishment license.

C. An applicant shall provide:
1. Vehicle Identification Number (VIN) of the vehicle used for the mobile food establishment;

2. The license plate number and State of issuance of the vehicle used for the mobile unit;

3. The menu and methods of preparation;

4. A signed agreement with a licensed commissary when applicable

D. Unapproved license applications may be returned to the applicant with information regarding the reason(s) for not approving the license.

E. The following mobile food establishments may be exempt from obtaining a permit:
1. Food which is sold, offered, displayed for sale, or served at the establishment does not constitute a potential or actual hazard to the public health. Exemptions include, but are not limited to:
a. Commercially bottled or canned beverages, including water, that do not require refrigeration and are served from the sealed, original, properly-labeled container without addition of ice or other regulated product.

b. Sealed, commercially packaged food not requiring time temperature control from an approved source with proper labeling including, but not limited to, candy bars and other similar food.

1.8.5 Approval Procedure

A. RIDOH shall conduct an inspection of the mobile food establishment and approve or reject the pending license based on adherence to the operational plan that was previously submitted.

B. RIDOH shall record the findings on an inspection report and furnish the original to the mobile food establishment.

C. The mobile food establishment shall ensure that all documented violations are corrected as specified on the health inspection report.

D. Any changes in the operation including the commissary, menu and mobile food establishment must be approved by the RIDOH.

1.8.6 General Requirements

A. Supervision
1. Each mobile food establishment shall have a designated person in charge responsible for knowledge of, and compliance with, this Part. Such person shall be on-site and accessible during all hours of operation of the mobile food establishment. Facilities without such person in charge shall not be approved to open or operate.

2. Except for §1.8.6(A)(3) of this Part, the mobile food establishment shall have a manager certified in food safety as specified in Part 2 of this Subchapter.

3. As specified in this Part, mobile food establishments that serve only commercially pre-packaged foods, beverages and commercially precooked potentially hazardous foods requiring no manual handling and/or when only cold foods are prepared and there is no modified atmospheric packaging, a manager certified in food safety may not be required.

B. Food Preparation
1. All food handling and preparation shall take place within the licensed mobile food establishment unless prepared at an approved commissary.

2. Food employees shall eliminate bare hand contact with ready-to-eat food by suitable means including but not limited to deli paper, spatulas, tongs, single-use nonlatex gloves, or dispensing equipment.

3. Food employees shall minimize hand and arm contact with exposed food that is not in ready to eat form.

4. Hands shall be washed before donning gloves for working with food and after removing gloves when handling raw animal products.

5. Food employees of a mobile food establishment shall not use a pair of gloves intended for a single use for more than one (1) purpose and shall discard the gloves after they are damaged or soiled, or after the process of preparing food has been interrupted.

C. Physical Structure
1. The interior walls and ceiling of the mobile food establishment shall be durable, smooth and easily cleanable. Floors shall be constructed of nonabsorbent, durable material. A floor covering such as carpeting or similar material may not be installed in food preparation areas.

2. The exterior structure of the mobile food establishment shall effectively protect the interior from the weather and the entry of insects, rodents and other animals.

3. A mobile food establishment shall not be used for living or sleeping quarters.

4. The mobile food establishment shall be maintained in good repair.

5. The mobile food establishment shall be kept clean and free of food debris, grease and other dirt.

6. The light intensity shall be sufficient for food preparation.

7. Adequate ventilation shall be provided to keep the vehicle free of food debris, grease and other dirt.

8. The water tank of the mobile food establishment shall meet the requirements specified within this Part.

9. Sewage and liquid waste shall be removed from a mobile food establishment at an approved commissary or by a sewage transport vehicle.

D. Restroom Facilities
1. A toilet facility on a mobile food establishment shall be fully enclosed with a tight-fitting self-closing door.

2. The toilet facility shall be clean and in good repair.

3. The toilet facility shall have toilet paper and a hand sink with water, soap and paper towels.

4. A mobile food establishment that does not have toilet facilities and that does business at a location for more than sixty (60) minutes shall have access to a toilet room located within two hundred feet (200') of the vehicle.

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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