Skip to main content
H 7742Food & Beverage

Food and Drugs - Sanitation in Food Establishments

This bill allows farmers to produce and sell pickles, relishes, and vinegars from home kitchens under specific sanitary guidelines.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 12, 2026Committee House Health & Human Services

Plain-English Summary

This legislation amends the "Sanitation in Food Establishments" laws to specifically regulate "farm home food manufacture." It allows farmers to produce certain foods in their home kitchens for sale at farmers' markets and farmstands, provided they meet specific sanitary requirements, including kitchen equipment standards and water testing. The bill expands the list of allowable products to include acid foods like vinegars, pickles, and relishes made from locally grown ingredients, in addition to previously allowed items like jams, pies, and breads. It requires farmers to register with the Department of Health and submit a notarized affidavit of compliance.

For younger readers

This law changes the rules for farmers who want to cook food in their home kitchens to sell at market stands. Before, they were mostly allowed to sell sweet things like jams and breads. Now, this law says they can also make and sell sour things like pickles and relish, as long as they grow the vegetables themselves. Farmers must keep their kitchens very clean, keep pets away while cooking, and sign a paper for the health department promising they are following all the safety rules.

Who & Where It Applies

Impacted groups
FarmersFarmers' market shoppersDepartment of HealthSmall food producersConsumers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Supports local agriculture and small-scale farmers by expanding the variety of products they can create and sell, potentially increasing their income and economic stability.
  • Promotes sustainable food systems by encouraging the processing and sale of locally grown fruits, vegetables, and herbs, reducing the carbon footprint associated with mass-produced food transport.
  • Lowers barriers to entry for rural entrepreneurs and small business owners by allowing them to utilize existing home infrastructure rather than requiring expensive commercial kitchen upgrades.
  • The inclusion of acid foods like pickles and relishes carries a higher risk of foodborne illness (such as botulism) compared to jams, which could pose a public health risk to community members if home-canning procedures are not strictly monitored.
  • Explicitly excludes income and equipment for these operations from sales tax exemptions, which could burden lower-income farmers trying to diversify their revenue streams.
  • Reliance on a "notarized affidavit of compliance" rather than consistent, rigorous government inspections may result in inadequate oversight of food safety standards.
For Conservatives
  • Expands economic freedom for farmers and small business owners by allowing them to produce and sell a wider range of products, such as pickles and vinegars, without burdensome commercial facility requirements.
  • Utilizes a streamlined regulatory approach by relying on a notarized affidavit of compliance rather than mandating aggressive, constant government inspections of private property.
  • Encourages self-reliance and entrepreneurship within the agricultural community, allowing families to generate income from their own land and labor with less government interference.
  • Maintains government oversight by requiring farmers to register their home kitchens with the Department of Health and pay a fee, rather than allowing completely free enterprise.
  • Explicitly denies sales and use tax exemptions for equipment and supplies used in these home businesses, which could be seen as the government refusing to cut taxes for small entrepreneurs.
  • Requires the submission of recipes and ingredients for review and inspection, which could be viewed as an intrusive government overreach into proprietary business information.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 2 additions

SECTION 1. Section 21-27-6.1 of the General Laws in Chapter 21-27 entitled "Sanitation in Food Establishments" is hereby amended to read as follows: 21-27-6.1. Farm home food manufacture. Notwithstanding the other provisions of this chapter, the department of health shall permit farm home food manufacture and the sale of the products of farm home food manufacture at farmers’ markets, farmstands, and other markets and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island farms, provided that the requirements of this section are met.

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

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

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

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

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

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

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

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

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

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

(iv) Any laundry facilities which may be in the kitchen shall not be used during farm home food manufacture;

(v) Recipe(s) for each farm home food product with all the ingredients and quantities listed, and processing times and procedures, are maintained 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 the production of nonpotentially hazardous food and foods that do not require refrigeration, including:

(i) Jams, jellies, preserves and acid foods, such as vinegars, pickles, and relish that are prepared using fruits, vegetables and/or herbs that have been 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 of trees 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 the department of health and shall require a notarized affidavit of compliance, in any form that the department may require, from the owner of the farm that the requirements of this section have been met and the operation of the kitchen shall be in conformity with the requirements of this section. A certificate of registration shall be issued by the department upon the payment of a fee as set forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of registration shall be valid for one year after the date of issuance; provided, however, that the certificate may be revoked by the director 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 standard form for the affidavit of compliance to be used by persons applying for a certificate of registration; the form shall impose no requirements or certifications beyond those set forth in this section and § 21-27-1(8). No certificates of registration shall be issued by the department prior to September 1, 2002.

(5) Income from farm home food manufacture shall not be included in the calculation of farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to § 44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating or operating farm home food manufacture be exempt from the sales and use tax as provided for in § 44-18-30(32).

SECTION 2. This act shall take effect upon passage.