250 R.I. Code R. 250-RICR-40-00-2.5

Current through December 26, 2024
Section 250-RICR-40-00-2.5 - Registration of Produce Farms, Voluntary Inspections
A. The owner of a produce farm shall be required to register annually with the Department and provide the following information on a form prescribed by the Department:
1. Name;
2. Address;
3. Name and address of the produce farm that the applicant seeks to register;
4. Description of all produce to be grown at the produce farm; and
5. Address of actual location where produce will be grown and acreage; and
6. Address of actual location where produce will be grown and type of indoor growing facility (greenhouse, hoop house, etc.), if applicable.
7. Address of actual location where produce will be packaged, held or stored.
8. Such other information as the Department may reasonably require to protect public health and safety.
B. All registrations shall expire on February 28 of the year after the date of issuance and shall be eligible for renewal annually. Renewal applications shall be filed not later than thirty (30) days prior to expiration of existing registration.
C. If not renewed within sixty (60) days of expiration, a registration shall be deemed surrendered and a new application shall be required.
D. All Covered Farms shall be subject to a routine inspection as part of the annual registration renewal process for compliance with the Act, incorporated above at § 2.2 of this Part, and these regulations for all Covered Produce. The Department shall conduct inspections in accordance with these regulations. If the inspection does not reveal any violations that are found to be significant or to pose a concern to public health, then the Department shall issue the registration and a certificate to the owner or operator of the Covered Farm.
E. The owner or operator of a produce farm that is not a Covered Farm or a Farm eligible for modified requirements through an exemption (either Qualified Exemption or Processing Exemption) may submit an affidavit and supporting documents to the Department that it is not a Covered Farm by reason of exclusion or exempt by reason of Qualified Exemption or Processing Exemption on a form to be provided by the Department. This affidavit is valid until February 28 of the year after submission. The affidavit is not binding on the Department for any determination that such farm is not a Covered Farm or meets the criteria for modified requirements through an exemption. Not covered farms, Processing Exempt and Qualified Exempt farms are subject to further document review to verify the farm's coverage status. The Department will issue an approval for not covered, Processing Exempt and Qualified Exempt Farms. The owner or operator of a produce farm that is not a Covered Farm may register and request an inspection of such produce farm for compliance with the Act, incorporated above at § 2.2 of this Part, and these regulations. The Department shall conduct inspections in accordance with these regulations. If the inspection does not reveal any violations that are found to be significant or to pose a concern to public health, then the Division shall issue a registration and certificate to the owner or operator of the produce farm.
F. Any person who receives a registration pursuant to these regulations shall notify the Department of any changes to the information supplied on the application for such registration no later than ten (10) business days after such change.
G. After registration, farms shall be inspected periodically, as determined by the Department.
H. Registrations are not transferrable or assignable.
I. Qualified Exemptions may be withdrawn at any time of the Department identifies through any report, document, or findings provided to the Department that an Egregious Condition or imminent threat to public health or safety exists or has existed.

250 R.I. Code R. 250-RICR-40-00-2.5

Adopted effective 6/22/2020