Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 10 - Food Protection
Part 6 - Processing and Distribution of Shellfish
Section 216-RICR-50-10-6.5 - Enforcement, Variances, and Practices/Procedures

Universal Citation: 216 RI Code of Rules 50 10 6.5

Current through September 18, 2024

A. Enforcement, Inspections, Penalties

1. Documenting Information and Observations. The Department shall document, on an inspection report form, specific factual observations of conditions that violate R.I. Gen. Laws Chapter 21-14 and the requirements of this Part that require correction by the permit holder.

2. Specifying Time Frame for Corrections. The Department shall specify on the inspection report form the time frame for correction of the violations.

3. Issuing Report and Obtaining Acknowledgment of Receipt. At the conclusion of the inspection and according to law, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the person in charge, and request a signed acknowledgment of receipt.

B. Refusal to Sign Acknowledgment

1. The Department shall:
a. Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in § 6.5(A)(3) of this Part that:
(1) An acknowledgment of receipt is not an agreement with findings,

(2) Refusal to sign an acknowledgment of receipt will not affect the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified, and

(3) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the Department's historical record for the dealer; and b. Make a final request that the person in charge signs an acknowledgment of receipt of inspectional findings.

2. Ceasing Operations and Reporting: Imminent Health Hazard
a. Except as specified in § 6.5(B)(2)(b) of this Part, a permit holder shall immediately discontinue operations and notify the Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health;

b. A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.

C. Resumption of Operations

1. If operations are discontinued as specified under § 6.5(B)(2) of this Part or otherwise according to law, the permit holder shall obtain approval from the Department before resuming operations.

2. Timely Correction
a. Except as specified in § 6.5(C)(2)(b) of this Part, a permit holder shall at the time of inspection correct a critical violation of R.I. Gen. Laws Chapter 21-14 and this Part and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.

b. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Department may agree to or specify a longer time frame, not to exceed ten (10) calendar days after the inspection, for the permit holder to correct critical violations of R.I. Gen. Laws Chapter 21-14 or this Part or HACCP plan deviations.

D. Verification and Documentation of Correction

1. After observing at the time of inspection a correction of a critical violation or deviation, the Department shall enter the violation and information about the corrective action on the inspection report.

2. As specified under § 6.5(D) of this Part, after receiving notification that the permit holder has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the Department may verify correction of the violation, document the information on an inspection report, and enter the report in the Department's records.

E. Time Frame for Correction

1. Except as specified in § 6.5(E)(2) of this Part, the permit holder shall correct noncritical violations by a date and time agreed to or specified by the Department but no later than ninety (90) calendar days after the inspection.

2. The Department may approve a compliance schedule that extends beyond the time limits specified under § 6.5(E)(1) of this Part if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.

F. Grounds for Discipline without Hearing The Director may, temporarily, suspend the license of a shellfish business without a hearing if the Director finds that evidence in his or her possession substantiates that continuation in practice would constitute an immediate danger to the health, safety, and welfare of the public. In the event that the Director temporarily suspends the license of a shellfish business without a hearing, a hearing by the Department must be held within ten (10) days after the suspension has occurred.

G. Variances Procedure

1. The Department may grant a variance upon request of the applicant from the provisions of this Part, if it finds in specific cases, that a literal enforcement of such provision will result in unnecessary hardship to the applicant and that such a variance will not be contrary to the public interest.
a. A request for a variance shall be filed by an applicant in writing, setting forth in detail the basis upon which the request is made, citing the relevant regulation and the alternative(s).

H. Commingling

1. Shellfish from different harvest areas or different harvest days can only be comingled by a primary dealer under the following conditions:
a. Only partial containers that are left over at the end of the day's production;

b. Shellfish from no more than two (2) different harvest areas; or

c. No more than two (2) different harvest days;

d. The tag must identify the two (2) harvest areas or the two (2) dates of harvest.

2. Aquacultured shellstock cannot be comingled under any circumstances.

I. Rules Governing Practices and Procedures All hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 21-14 shall be held in accordance with the provisions of Part 4 of this Subchapter entitled Practices and Procedures Before the Rhode Island Department of Health.

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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