§ 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, 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).