250 R.I. Code R. 250-RICR-40-00-2.9

Current through December 26, 2024

Section 250-RICR-40-00-2.9 - Enforcement and Compliance

A. Whenever an inspection or investigation reveals any violation of the Act, incorporated above at § 2.2 of this Part or these regulations which does not rise to the level of an Egregious Violation, the registrant, applicant or respondent shall be notified in writing of such violations(s) and of any corrective actions necessary to cure the violation and specifying the time period within which such corrective action(s) shall be implemented. After notification, if such registrant, applicant or respondent fails to correct a violation within the specified time period, the Department may suspend, revoke, deny or refuse to renew any registration or certificate issued pursuant to the Act, incorporated above at § 2.2 of this Part, and these regulations. The Department may also issue orders for recall, embargo, destruction, or stop sale in the event that registrant, applicant, or respondent fails to correct a violation within a specified time frame.

B. Whenever an inspection or investigation reveals a violation of the Act, incorporated above at § 2.2 of this Part, or these regulations that constitutes an Egregious Condition warranting immediate action, the Department shall have the authority to issue recall, embargo, destruction or stop sale orders immediately as necessary to ensure adequate mitigation and correction of conditions. Such orders shall become effective upon issuance. Following issuance of any such order, subsequent proceedings shall proceed in accordance with R.I. Gen. Laws § 42-17.1-2 (21)(ii).

C. The Department may place an embargo on produce with probable cause to believe is Adulterated or has been associated with an Egregious Condition or presents an immediate public health risk, provided that:

1. A written notice is issued to the registrant or the person in charge at the facility, or if no one is present at the facility, conspicuously posted at the facility; and

2. The notice specifies the reason(s) for the embargo order.

D. The Department shall affix a tag, label, or shall otherwise identify any produce subject to the embargo order. The tag or label shall state that the product:

1. Is believed to be Adulterated or is associated with an Egregious Condition or presents an immediate public health risk;

2. Has been embargoed for ten (10) days; and

3. Cannot be removed, used, sold, or disposed of without permission of the Director or his or her agent.

E. The Department shall permit storage of the produce under conditions specified in the embargo order, unless storage is not possible without imminent threat to the public health, in which case immediate destruction or isolation of the produce may be ordered and accomplished. If the produce subject to embargo is found to be Adulterated or Misbranded, the Department shall take such steps as they shall deem necessary, to affect the condemnation and disposal or reconditioning of the produce.

F. If the produce subject to embargo is found not to be Adulterated or associated with an Egregious Condition or an immediate public health risk, it shall be released.

G. The farm owner/operator is responsible for the storage of embargoed produce. If storage facilities are not available, the farm owner/operator is responsible for any cost incurred to store embargoed produce. The farm owner/operator is responsible for any additional fees associated with the embargoed produce.

H. Nothing in this section shall be construed to limit the Department's authority to issue a cease and desist order, stop sale, or destruction order, in order to respond to a condition that may present a public health hazard, or to issue orders necessary to effectuate the purposes of the Act, incorporated above at § 2.2 of this Part, and these regulations, including, but not limited to, orders for the embargo, destruction, and release of produce. Any orders described herein shall become effective upon service by the Department.

I. The reasonable period of time for correction of violations shall be within the discretion of the Department to establish in each instance and shall be based on an evaluation of the type and the severity of each violation, corrective action or deficiency.

250 R.I. Code R. 250-RICR-40-00-2.9

Adopted effective 6/22/2020