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S2506AFood & Beverage

Food and Drugs - Sanitation in Food Establishments

This bill updates labeling requirements for farm home food products and allows the sale of safely processed pickled vegetables.

Introduced38 Yea0 Nay0 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 6, 2026Committee Senate Special Legislation and Veterans Affairs

Plain-English Summary

This bill updates the rules for farmers making and selling food from their home kitchens. It requires new, detailed labels on these products that list ingredients by weight, highlight common allergens, and include a statement that the food was made in a kitchen not routinely inspected by the government. The bill also allows farmers to make and sell pickled vegetables, provided they follow strict safety guidelines. These guidelines include taking a specialized food safety course, keeping detailed production logs, testing the acidity of the food, and maintaining a written safety plan.

For younger readers

This bill changes the rules for farmers who make food in their own kitchens to sell at farmer's markets. First, it says they must put better labels on their food. The labels have to list all the ingredients, warn people if there are things like nuts or milk that could cause allergies, and mention that the government didn't inspect the kitchen. Second, it allows these farmers to make and sell pickled vegetables (like pickles!), but only if they take a special safety class and test the food to make sure no one gets sick.

Who & Where It Applies

Impacted groups
FarmersConsumers of local farm productsIndividuals with food allergiesLocal food manufacturersFarmers' market operators
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The compelled speech regarding the warning label ("Made by a registered farm home food manufacturer...") is a factual, non-controversial disclosure related to public health and consumer safety. Under the Zauderer standard, such commercial disclosure requirements are generally constitutional as long as they are reasonably related to the state's interest in preventing deception or protecting public health and are not unduly burdensome.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Enhances public health and safety by mandating strict allergen labeling, protecting vulnerable consumers with food allergies.
  • Empowers local farmers and small agricultural businesses by expanding the types of goods they can sell (pickled vegetables), fostering local economic reliance and community welfare.
  • Ensures safe food production through rigorous safety standards (HACCP plans, BPCS courses) for pickled foods, protecting the community from foodborne illnesses without stifling small-scale production.
  • The requirement to take a Better Process Control School (BPCS) course and hire a qualified process authority may be prohibitively expensive for low-income or marginalized farmers, creating a barrier to entry.
  • The mandatory warning label about lack of government inspection might unfairly stigmatize small, local farmers in the eyes of consumers compared to large corporate food producers.
  • Small-scale farmers with limited resources might struggle to maintain the extensive documentation and HACCP plans required for pickling, potentially favoring wealthier operators.
For Conservatives
  • Promotes free enterprise by allowing farmers to expand their product lines to include pickled vegetables, increasing their ability to generate revenue independently.
  • Relies on private sector responsibility (HACCP plans, private lab testing) rather than direct, routine government inspections, maintaining a degree of operational freedom for the farmer.
  • The clear labeling requirements allow consumers to make their own informed choices in the free market regarding the products they purchase and consume.
  • Imposes burdensome new regulations on small farming businesses, including mandatory safety classes, pH testing, and extensive logging requirements for pickled vegetables.
  • Mandates a specific, potentially alarming government-compelled warning label on products, which infringes on the business owner's freedom of speech and marketing.
  • Continues to explicitly deny these farmers sales and use tax exemptions on income and equipment used for home food manufacturing, stifling economic growth and punishing small enterprises.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 40 additions · 9 deletions

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. An affixed label that contains:

(A) Name, address, and telephone number;

(B) The ingredients of the manufactured product, in descending order of predominance by weight or volume;

(C) Allergen information, as specified by federal and state labeling requirements, such as milk, eggs, tree nuts, peanuts, wheat, and soybeans; and

(D) The following statement printed in at least ten-point type in a clear and conspicuous manner that provides contrast to the background label: "Made by a registered farm home food manufacturer that is not subject to routine government food safety inspection." Such statement shall be required unless the products have been prepared in a commercial kitchen licensed by the department.

(3) Farm home food manufacture shall be limited to the production of nonpotentially: (i) Nonpotentially hazardous food and foods that do not require refrigeration, including: (i)(A) 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)(B) Double crust pies that are made with fruit grown locally; (iii)(C) Yeast breads; (iv)(D) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile radius of the farm; (v)(E) Candies and fudges; and (vi)(F) Dried herbs and spices.

(ii) Pickled vegetables prepared using vegetables that have been grown locally, provided that:

(A) The product is manufactured in accordance with a scheduled process established by a qualified process authority with expert knowledge acquired through appropriate training and experience in the acidification and processing of acidified foods;

(B) Each product formulation is evaluated by a laboratory or qualified process authority to verify that the finished product achieves the pH and water activity levels necessary for shelf stability and food safety;

(C) The producer shall measure and document in a production log the pH of each batch of pickled vegetables using a properly calibrated pH meter or other method approved by the department;

(D) The producer maintains a written Hazard Analysis and Critical Control Point (HACCP) plan for the manufacture of the product, which shall be made available to the department upon request;

(E) The producer, or at least one person responsible for the production of the product, has successfully completed a Better Process Control School (BPCS) course; and

(F) Records demonstrating compliance with this subsection are maintained and made available to the department upon request.

(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.