216-50-10 R.I. Code R. § 1.9

Current through April 23, 2024
Section 216-RICR-50-10-1.9 - Supplemental Regulations for Temporary Food Establishment

RIDOH may limit and/or modify the nature of the food service operation and/or the type of food served at the temporary food establishment to protect the health and safety of the public. Temporary food establishment operations may be limited in terms of the number of individuals served, methods of preparation and storage, the kinds of utensils used, or the type of food served.

1.9.1Sponsor Requirements
A. The event sponsor shall complete the sponsor form thirty (30) days prior to the event.
B. The event sponsor shall inform RIDOH of any changes or additions made after the original application was reviewed.
C. The event sponsor shall notify temporary food establishments that will be associated with the special event that they are required to make advance application for a permit to operate.
D. The event sponsor shall ensure that unapproved temporary food establishments do not operate at or during the special event.
1.9.2Site Requirements
A. Temporary food establishments shall be constructed and located to minimize the risk of food contamination from external sources including, but not limited to, sewage, flooding, dust, insects and vermin.
B. Outdoor open food operations shall have overhead protection unless otherwise specified by the local fire authority.
C. Temporary food establishments may not be closer than fifty feet (50') from any non-sewered toilets and/or animal pens. The fifty foot (50') setback requirement may be waived by RIDOH if public health concerns are not compromised.
1.9.3Responsibilities of the Sponsor
A. The event sponsor shall be responsible for all items as specified on the event sponsor application which may include, but are not limited to the following:
1. The event coordinator shall ensure that there is an adequate potable water supply for cooking purposes, handwashing, and cleaning and sanitization of equipment, utensils and food contact surfaces.
2. A public water supply shall be protected with the appropriate backflow prevention device. Non-food grade or garden hoses shall not be used for delivery of water for human consumption or food preparation.
3. Handwashing sinks shall be located at all toileting areas utilized by food handlers, including all non-sewered toilet areas.
a. The operator of a special event shall provide at least one (1) facility for hand washing for each group of toilet facilities.
b. Handwashing sinks shall be adequately serviced, stocked and maintained during the event with soap in a pump dispense and single-use paper towels dispensed in a sanitary manner.
4. Adequate power shall be supplied by the event sponsor to those temporary food establishments that require electrical or mechanical means to hold food products at required temperatures. When mechanical refrigeration is used, power shall be provided in advance to bring units down to adequate temperatures.
5. When central refrigeration services for food vendors are provided, the event sponsor shall ensure that equipment is capable of maintaining food at required temperatures. When equipment is not maintaining food at required temperatures, it shall be taken out of service and any temperature abused food shall be discarded.
6. A minimum of twenty foot (20') candles of artificial light shall be provided after dusk in all common areas.
7. Common warewashing facilities, if provided, shall be maintained as specified in these Regulations, and drain into an approved sewage disposal system.
8. The event sponsor shall ensure that an adequate number of toilet facilities are provided for patron and participant use so as not to create a nuisance or public health hazard.
a. When the number of sewered toilets is insufficient, non-sewered toilets shall be provided.
b. All toilets shall be adequately serviced, stocked with dispenser-held toilet tissue, and maintained during the event.
9. Hoses connected to potable water sources shall meet the requirements as specified in this Part and §5-3 of the Code.
10. The event coordinator shall ensure that all wastewater generated at an event is discharged as specified in this Part.
11. The event coordinator shall ensure proper disposal of garbage.
a. The event coordinator shall provide for the removal of any solid waste scattered on the event premises as a result of event activities, including the removal of such waste during and at the conclusion of the event. Trash receptacles shall be emptied as often as necessary to prevent excessive accumulation of solid waste so as not to create a public health nuisance.
12. Animal attractions shall not create nuisance, odors, or fly problems that impact food service operations. RIDOH may impose additional restrictions and requirements to ensure the health of the public.
1.9.4Application Requirements
A. A person desiring to operate any temporary food establishment shall submit a written application for a permit in accordance with this Part.
1. An applicant shall submit an application for a permit at least thirty (30)days in advance.
2. An applicant shall pay the required fee for the temporary event license.
3. An applicant should complete the temporary event form and submit it with the written application for a temporary event license.
4. If approved by RIDOH, the temporary food establishment will receive a license.
5. Unapproved license applications will be returned to the applicant with information regarding the reason(s) for not approving the license.
6. The following food establishments may be exempt from obtaining a permit:
a. A religious, charitable or other non-profit organization that sells food occasionally to raise money, provided the sale occurs on the premises of the organization. If the sale is to occur off the premises of the organization, a permit shall be required.
b. 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:
(1) 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.
(2) 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.
1.9.5Approval Procedure
A. RIDOH shall conduct an inspection of the temporary food establishment at the special event and approve or reject the license.
B. RIDOH shall record the findings on an inspection report and furnish the original to the temporary food establishment.
C. The temporary food establishment shall ensure that all documented violations are corrected as specified on the health inspection report.
1.9.6General Requirements
A. Each temporary 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 temporary food establishment. Facilities without such person in charge shall not be approved to open or operate.
B. When indicated by menu and/or food preparation, the temporary food establishment may need a manager certified in food safety as specified in Part 2 of this Subchapter.

216 R.I. Code R. § 216-RICR-50-10-1.9

Amended effective 2/1/2021
Amended effective 12/12/2022