Section 250-RICR-40-00-2.10 - Hearings and Dispute ResolutionA. The following shall apply an order for the recall, embargo, destruction, or stop sale order and an appeal therefrom: 1. No person shall donate, remove, dispose of, sell or offer for sale such produce subject to an embargo, destruction or quarantine order without the permission of the Department. Any person aggrieved by an embargo, destruction or quarantine order may request a hearing before the Department not more than five (5) business days after the issuance of such order. The hearing shall be conducted not later than five (5) business days after the receipt of the appeal. If no appeal is made pursuant to this subsection the order shall be deemed agreed to and shall be enforced.2. Following any hearing, the Department shall make a determination as to whether such produce complies with the provisions of the Act, incorporated above at § 2.2 of this Part, and these regulations and is safe for use as a food. If the Department determines the produce is unsafe or unfit for use as food, the Department may order the owner or custodian to destroy, denature or dispose of such produce. The Department shall supervise the destruction or other disposition of such produce. If the Department finds the produce is safe for use as food and is not detrimental to public health, or finds such produce can be properly packaged, marked or otherwise brought into compliance with the provisions of the Act, incorporated above at § 2.2 of this Part, or these regulations, the Department may order such produce to be so packaged, marked or otherwise brought into compliance and may thereafter authorize the release produce. The owner of such produce shall pay all of the costs of storage, handling, destruction and other related expenses.3. If the embargo, destruction or quarantine order is removed by the Director, an Administrative Hearing Officer, or by a court, neither the Department, any employee of the Department, nor the State shall be held liable for damages unless the court finds that there was no probable cause for the embargo, destruction or quarantine order.B. Any person aggrieved by an order issued pursuant to this section may appeal therefrom pursuant to R.I. Gen. Laws §§ 42-17.1-2(21) and 42-17.7-1etseq. Nothing in this section shall be construed to prevent the Department from entering into a stipulated agreement or any other remedy with an aggrieved party which resolves the dispute.250 R.I. Code R. 250-RICR-40-00-2.10
Adopted effective 6/22/2020