Section 250-RICR-40-00-2.7 - Adulterated and Misbranded ProduceA. The sale or offering for sale of Adulterated or Misbranded produce shall be prohibited.B. The Department may investigate any allegation of adulteration, misbranding, illness or injury alleged to have been caused by produce grown and offered for sale by a Covered Farm, or a farm that has requested voluntary inspection, or any other farm in the State. Such investigation may include any area, building or vehicle under the respondent's control where produce is grown, harvested, packed, stored, held, or transported. Such investigation may include obtaining samples and specimens for laboratory analysis.C. Whenever a complaint is investigated the Department shall inform the respondent of the nature of the complaint and of their right to provide a written response to the complaint and to obtain a copy of the complaint and any reports, results of laboratory analysis and other documentation in the custody of the Department upon completion of the investigation and subject to the provisions of R.I. Gen. Laws Chapter 38-2.D. A certificate of analysis from a laboratory of the Rhode Island Department of Health, the United States Food and Drug Administration, the United States Department of Agriculture or other accredited laboratory acceptable to the Department, shall be considered prima facie evidence of the ingredients and constituents of any sample or specimen submitted for analysis by the Department.E. Violations of this section shall be subject to the enforcement provisions set out in §§ 2.9 through 2.11 of this Part.250 R.I. Code R. 250-RICR-40-00-2.7
Adopted effective 6/22/2020