State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-27 > 21-27-6-1

SECTION 21-27-6.1

   § 21-27-6.1  Farm home food manufacture.– Notwithstanding the other provisions of this chapter, the department of healthshall permit farm home food manufacture and the sale of the products of farmhome food manufacture at farmers' markets, farmstands, and other markets andstores operated by farmers for the purpose of the retail sale of the productsof Rhode Island farms, provided that the requirements of this section are met.

   (1) The farm home food products shall be produced in akitchen that is on the premises of a farm and meets the standards for kitchensas provided for in minimum housing standards, adopted pursuant to chapter 24.2of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant tochapter 24.3 of title 45, and in addition the kitchen shall:

   (i) Be equipped at minimum with either a two (2) compartmentsink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheitafter the final rinse and drying cycle and a one compartment sink;

   (ii) Have sufficient area or facilities, such as portabledish tubs and drain boards, for the proper handling of soiled utensils prior towashing and of cleaned utensils after washing so as not to interfere with safefood handling; equipment, utensils, and tableware shall be air dried;

   (iii) Have drain boards and food preparation surfaces thatshall be of a nonabsorbent, corrosion resistant material such as stainlesssteel, formica or other chip resistant, nonpitted surface;

   (iv) Have self-closing doors for bathrooms that open directlyinto the kitchen;

   (v) If farm is on private water supply it must be tested onceper year.

   (2) The farm home food products are prepared and producedready for sale under the following conditions:

   (i) Pets are kept out of food preparation and food storageareas at all times;

   (ii) Cooking facilities shall not be used for domestic foodpurposes while farm home food products are being prepared;

   (iii) Garbage is placed and stored in impervious coveredreceptacles before it is removed from the kitchen, which removal shall be atleast once each day that the kitchen is used for farm home food manufacture;

   (iv) Any laundry facilities which may be in the kitchen shallnot be used during farm home food manufacture;

   (v) Recipe(s) for each farm home food product with all theingredients and quantities listed, and processing times and procedures, aremaintained in the kitchen for review and inspection;

   (vi) List ingredients on product;

   (vii) Label with farm name, address and telephone number.

   (3) Farm home food manufacture shall be limited to theproduction of nonpotentially hazardous food and foods that do not requirerefrigeration, including:

   (i) Jams, jellies, preserves and acid foods, such asvinegars, that are prepared using fruits, vegetables and/or herbs that havebeen grown locally;

   (ii) Double crust pies that are made with fruit grown locally;

   (iii) Yeast breads;

   (iv) Maple syrup from the sap of trees on the farm or oftrees within a twenty (20) mile radius of the farm;

   (v) Candies and fudges;

   (vi) Dried herbs and spices.

   (4) Each farm home kitchen shall be registered with thedepartment of health and shall require a notarized affidavit of compliance, inany form that the department may require, from the owner of the farm that therequirements of this section have been met and the operation of the kitchenshall be in conformity with the requirements of this section. A certificate ofregistration shall be issued by the department upon the payment of a sixty-fivedollar ($65.00) fee and the submission of an affidavit of compliance. Thecertificate of registration shall be valid for one year after the date ofissuance; provided, however, that the certificate may be revoked by thedirector at any time for noncompliance with the requirements of the section.The certificate of registration, with a copy of the affidavit of compliance,shall be kept in the kitchen where the farm home food manufacture takes place.The director of health shall have the authority to develop and issue a standardform for the affidavit of compliance to be used by persons applying for acertificate of registration; the form shall impose no requirements orcertifications beyond those set forth in this section and § 21-27-1(6). Nocertificates of registration shall be issued by the department prior toSeptember 1, 2002.

   (5) Income from farm home food manufacture shall not beincluded in the calculation of farm income for the purposes of obtaining anexemption from the sales and use tax pursuant to § 44-18-30(32), nor shallany equipment, utensils, or supplies acquired for the purpose of creating oroperating farm home food manufacture be exempt from the sales and use tax asprovided for in § 44-18-30(32).

State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-27 > 21-27-6-1

SECTION 21-27-6.1

   § 21-27-6.1  Farm home food manufacture.– Notwithstanding the other provisions of this chapter, the department of healthshall permit farm home food manufacture and the sale of the products of farmhome food manufacture at farmers' markets, farmstands, and other markets andstores operated by farmers for the purpose of the retail sale of the productsof Rhode Island farms, provided that the requirements of this section are met.

   (1) The farm home food products shall be produced in akitchen that is on the premises of a farm and meets the standards for kitchensas provided for in minimum housing standards, adopted pursuant to chapter 24.2of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant tochapter 24.3 of title 45, and in addition the kitchen shall:

   (i) Be equipped at minimum with either a two (2) compartmentsink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheitafter the final rinse and drying cycle and a one compartment sink;

   (ii) Have sufficient area or facilities, such as portabledish tubs and drain boards, for the proper handling of soiled utensils prior towashing and of cleaned utensils after washing so as not to interfere with safefood handling; equipment, utensils, and tableware shall be air dried;

   (iii) Have drain boards and food preparation surfaces thatshall be of a nonabsorbent, corrosion resistant material such as stainlesssteel, formica or other chip resistant, nonpitted surface;

   (iv) Have self-closing doors for bathrooms that open directlyinto the kitchen;

   (v) If farm is on private water supply it must be tested onceper year.

   (2) The farm home food products are prepared and producedready for sale under the following conditions:

   (i) Pets are kept out of food preparation and food storageareas at all times;

   (ii) Cooking facilities shall not be used for domestic foodpurposes while farm home food products are being prepared;

   (iii) Garbage is placed and stored in impervious coveredreceptacles before it is removed from the kitchen, which removal shall be atleast once each day that the kitchen is used for farm home food manufacture;

   (iv) Any laundry facilities which may be in the kitchen shallnot be used during farm home food manufacture;

   (v) Recipe(s) for each farm home food product with all theingredients and quantities listed, and processing times and procedures, aremaintained in the kitchen for review and inspection;

   (vi) List ingredients on product;

   (vii) Label with farm name, address and telephone number.

   (3) Farm home food manufacture shall be limited to theproduction of nonpotentially hazardous food and foods that do not requirerefrigeration, including:

   (i) Jams, jellies, preserves and acid foods, such asvinegars, that are prepared using fruits, vegetables and/or herbs that havebeen grown locally;

   (ii) Double crust pies that are made with fruit grown locally;

   (iii) Yeast breads;

   (iv) Maple syrup from the sap of trees on the farm or oftrees within a twenty (20) mile radius of the farm;

   (v) Candies and fudges;

   (vi) Dried herbs and spices.

   (4) Each farm home kitchen shall be registered with thedepartment of health and shall require a notarized affidavit of compliance, inany form that the department may require, from the owner of the farm that therequirements of this section have been met and the operation of the kitchenshall be in conformity with the requirements of this section. A certificate ofregistration shall be issued by the department upon the payment of a sixty-fivedollar ($65.00) fee and the submission of an affidavit of compliance. Thecertificate of registration shall be valid for one year after the date ofissuance; provided, however, that the certificate may be revoked by thedirector at any time for noncompliance with the requirements of the section.The certificate of registration, with a copy of the affidavit of compliance,shall be kept in the kitchen where the farm home food manufacture takes place.The director of health shall have the authority to develop and issue a standardform for the affidavit of compliance to be used by persons applying for acertificate of registration; the form shall impose no requirements orcertifications beyond those set forth in this section and § 21-27-1(6). Nocertificates of registration shall be issued by the department prior toSeptember 1, 2002.

   (5) Income from farm home food manufacture shall not beincluded in the calculation of farm income for the purposes of obtaining anexemption from the sales and use tax pursuant to § 44-18-30(32), nor shallany equipment, utensils, or supplies acquired for the purpose of creating oroperating farm home food manufacture be exempt from the sales and use tax asprovided for in § 44-18-30(32).


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-27 > 21-27-6-1

SECTION 21-27-6.1

   § 21-27-6.1  Farm home food manufacture.– Notwithstanding the other provisions of this chapter, the department of healthshall permit farm home food manufacture and the sale of the products of farmhome food manufacture at farmers' markets, farmstands, and other markets andstores operated by farmers for the purpose of the retail sale of the productsof Rhode Island farms, provided that the requirements of this section are met.

   (1) The farm home food products shall be produced in akitchen that is on the premises of a farm and meets the standards for kitchensas provided for in minimum housing standards, adopted pursuant to chapter 24.2of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant tochapter 24.3 of title 45, and in addition the kitchen shall:

   (i) Be equipped at minimum with either a two (2) compartmentsink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheitafter the final rinse and drying cycle and a one compartment sink;

   (ii) Have sufficient area or facilities, such as portabledish tubs and drain boards, for the proper handling of soiled utensils prior towashing and of cleaned utensils after washing so as not to interfere with safefood handling; equipment, utensils, and tableware shall be air dried;

   (iii) Have drain boards and food preparation surfaces thatshall be of a nonabsorbent, corrosion resistant material such as stainlesssteel, formica or other chip resistant, nonpitted surface;

   (iv) Have self-closing doors for bathrooms that open directlyinto the kitchen;

   (v) If farm is on private water supply it must be tested onceper year.

   (2) The farm home food products are prepared and producedready for sale under the following conditions:

   (i) Pets are kept out of food preparation and food storageareas at all times;

   (ii) Cooking facilities shall not be used for domestic foodpurposes while farm home food products are being prepared;

   (iii) Garbage is placed and stored in impervious coveredreceptacles before it is removed from the kitchen, which removal shall be atleast once each day that the kitchen is used for farm home food manufacture;

   (iv) Any laundry facilities which may be in the kitchen shallnot be used during farm home food manufacture;

   (v) Recipe(s) for each farm home food product with all theingredients and quantities listed, and processing times and procedures, aremaintained in the kitchen for review and inspection;

   (vi) List ingredients on product;

   (vii) Label with farm name, address and telephone number.

   (3) Farm home food manufacture shall be limited to theproduction of nonpotentially hazardous food and foods that do not requirerefrigeration, including:

   (i) Jams, jellies, preserves and acid foods, such asvinegars, that are prepared using fruits, vegetables and/or herbs that havebeen grown locally;

   (ii) Double crust pies that are made with fruit grown locally;

   (iii) Yeast breads;

   (iv) Maple syrup from the sap of trees on the farm or oftrees within a twenty (20) mile radius of the farm;

   (v) Candies and fudges;

   (vi) Dried herbs and spices.

   (4) Each farm home kitchen shall be registered with thedepartment of health and shall require a notarized affidavit of compliance, inany form that the department may require, from the owner of the farm that therequirements of this section have been met and the operation of the kitchenshall be in conformity with the requirements of this section. A certificate ofregistration shall be issued by the department upon the payment of a sixty-fivedollar ($65.00) fee and the submission of an affidavit of compliance. Thecertificate of registration shall be valid for one year after the date ofissuance; provided, however, that the certificate may be revoked by thedirector at any time for noncompliance with the requirements of the section.The certificate of registration, with a copy of the affidavit of compliance,shall be kept in the kitchen where the farm home food manufacture takes place.The director of health shall have the authority to develop and issue a standardform for the affidavit of compliance to be used by persons applying for acertificate of registration; the form shall impose no requirements orcertifications beyond those set forth in this section and § 21-27-1(6). Nocertificates of registration shall be issued by the department prior toSeptember 1, 2002.

   (5) Income from farm home food manufacture shall not beincluded in the calculation of farm income for the purposes of obtaining anexemption from the sales and use tax pursuant to § 44-18-30(32), nor shallany equipment, utensils, or supplies acquired for the purpose of creating oroperating farm home food manufacture be exempt from the sales and use tax asprovided for in § 44-18-30(32).