21-1-1. Short title.

This chapter shall be entitled and may be cited as the “Rhode Island Frozen Food Products Act”.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-2. Definitions.

1. Unless the context otherwise requires, the words and phrases defined in this section are used in this chapter in the sense given them in the following definitions:
   1. “Director” means the director of health.
   2. “Frozen food” means and includes any article used for food or drink for man or other animals which has been: (i) processed, (ii) preserved, and/or (iii) packaged, and (iv) is destined for sale in a frozen state.
2. Where the term “and/or” is used, either word shall apply as the context requires.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-3. Transportation and storage.

No person engaged in the business of transporting, storing, or selling frozen food shall transport, store, and/or expose for sale that food within the state unless it is transported, stored, and/or exposed for sale under refrigeration which shall ensure good keeping qualities under temperatures and holding conditions approved by the director.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-4. Rules and regulations.

The director shall, after a public hearing following due notice to interested parties, promulgate rules and regulations consistent with the provisions of this chapter for the storing and transportation of frozen food, including temperature control, sanitation, and other matters, in accordance with recognized standards necessary for the protection of public health and the preservation of frozen food in wholesome condition.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-5. Enforcement.

The director is authorized and directed to administer and supervise the enforcement of this chapter; to provide for any inspections and investigations, that may be necessary to:

1. Disclose violations;
2. Receive and provide for the investigation of complaints; and
3. Provide for the institution and prosecution of civil or criminal actions or both.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-6. Complaints for violations.

Complaints for the violation of any of the provisions of this chapter may be made by the director or by any duly authorized agent of the director, or by any other person, and if made by the director or an agent, surety for costs on any complaint shall not be required, nor costs collected in case of failure to sustain the complaint.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-7. Notice and hearing on violations.

Before any criminal proceeding is commenced for a violation of this chapter, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her views before the director or his or her designated agent, either orally or in writing, in person, or by attorney, with regard to the contemplated proceedings.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-8. Notice of minor violations — Warnings.

Nothing in this chapter shall be construed as requiring the director to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the director believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-9. Injunctions authorized.

In addition to the remedies provided in § 21-1-10 the director is authorized to apply to the superior court for, and that court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter, irrespective of whether or not there exists an adequate remedy at law.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-10. Violations of chapter — Penalty.

Any person that violates any of the provisions of this chapter, or of the rules and regulations promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or employee, who directs or knowingly permits the violation or who aids or assists in the violation, shall upon conviction, be subject to a fine of not more than one hundred dollars ($100); but if a violation is committed after a conviction of the person under this section has become final, the person shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each succeeding offense. Each violation shall be considered a separate offense.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-11. Applicability to retail sales.

Nothing in this chapter shall be construed to apply to the delivery of frozen food by a retailer to the purchaser.

History of Section. P.L. 1963, ch. 164, § 1.

21-1-12 — 21-1-15. Repealed.

21-2-1. Short title.

This chapter shall be known as “The Rhode Island Milk Sanitation Code”.

History of Section. P.L. 1962, ch. 80, § 1; P.L. 1982, ch. 189, § 1.

21-2-2. Declaration of policy.

Milk is recognized to be one of the most perfect foods afforded by nature. It is unique in that its consumption in adequate quantities is essential to the nutritional well-being of the individual; but if its production and distribution are not properly safeguarded, it may be instrumental in the transmission of diseases infectious to people. It is declared to be the policy of the state that, for the protection of the health and welfare of the people of the state of Rhode Island, the environmental conditions surrounding the production, handling, transportation, distribution, and sale of milk and milk products shall be to protect the public health and to provide consumers with products that are identified in such a way as to promote honesty and fair dealing in the best interests of the consumers. Specifically, it is declared to be the policy of the state to provide:

1. That the people of Rhode Island shall have a supply of milk adequate to their needs and demands under all conditions.
2. That milk provided for consumers within the state of Rhode Island shall be of good quality; shall be safe for human consumption; shall contain no live bacteria capable of transmitting disease to people; shall contain adequate nutritional components; and shall be free of adulteration.
3. That milk sold or produced in Rhode Island shall come from healthy cows or goats.
4. That milk sold or produced in Rhode Island shall be produced on farms having standards and conditions of sanitation adequate to ensure production of milk that is safe and of good quality.
5. That milk sold or produced in Rhode Island shall be produced, processed, and handled by personnel free from any communicable disease.
6. That milk to be consumed in the state of Rhode Island shall, at all stages in its travel from animal to ultimate consumer, be transported in equipment and/or packages that shall be designed, filled, operated, maintained, and emptied to prevent the introduction and/or propagation of bacteria, dirt, or any other foreign substances.
7. That all milk sold in Rhode Island shall be handled and processed under conditions of good sanitation and shall be finally packaged free from contamination, dirt, or any other foreign substances and/or adulteration.
8. That all milk sold within the state of Rhode Island shall be, except as specifically authorized by this chapter, pasteurized by a recognized method of pasteurizing adequate to destroy bacteria capable of transmitting disease to people. Provided, that a physician may authorize an individual sale of goat milk directly from producer to consumer by written, signed prescription.
9. That the branding or labeling of packages in which all milk sold in the state of Rhode Island shall be delivered to the consumer shall state the grade of milk packaged; may state any special attributes of the milk; and that all statements made on any packaging labels shall not be false or misleading.
10. That this state shall cooperate in the preparation and promulgation of any set of standards, regulations, statutes, or other means of control of sanitation in the production, transportation, handling, processing, and distribution of milk, or any one or more of them, according to a uniform system of requirements to be adopted alike by all or a majority of the states that contribute milk to the Rhode Island market.

History of Section. P.L. 1962, ch. 80, § 1; P.L. 1984, ch. 132, § 3; P.L. 1989, ch. 205, § 3; P.L. 2016, ch. 536, § 1.

21-2-3. Definitions.

1. “Cream” means the liquid milk product high in fat from milk, which may have been adjusted by adding to it: milk, concentrated milk, dry whole milk, skim milk, or nonfat dry milk.
2. “Director” means the director of the department of health, unless otherwise specified.
3. “Goat milk” is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word “milk” is interpreted to include goat milk.
4. “Grade A” means milk, cream, and products of milk and cream, that comply with the applicable provisions of regulations established by the director.
5. “Milk” means the lacteal secretion, practically free from colostrum, obtained by complete milking of one or more healthy cows. Milk that is in final package form for beverage use shall contain not less than eight and one-fourth percent (8.25%) milk solids not fat and not less than three and one-fourth percent (3.25%) milk fat. Milk may have been adjusted by separating part of the milk fat from it or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk to it. The milk may be homogenized.
6. “Raw milk for pasteurization” means grade “A” milk for pasteurization and raw products of milk that comply with the sanitary standards for their production, transportation, receiving, handling, storage, processing, distribution, and sale as established by the director.
7. “Raw milk cheese” means any cheese manufactured from raw milk that meets United States food and drug administration (USFDA) standards for cheeses set forth in 21 C.F.R. 133 and has not undergone the process of pasteurization and that contains, as appropriate for the cheese, generally recognized as safe (GRAS) and suitable ingredients as defined in 21 C.F.R. 184.

History of Section. P.L. 1982, ch. 78, § 2; P.L. 1984, ch. 132, § 3; P.L. 1989, ch. 205, § 3; P.L. 2005, ch. 285, § 1; P.L. 2016, ch. 536, § 1.

21-2-4. Repealed.

21-2-5. Analysis of raw milk by private milk laboratories.

1. Each milk plant engaged in processing milk shall, at least once in each calendar month, either through its own agents or through its milk haulers, collect, preserve, and submit to a private milk laboratory for analysis a sample or samples of the milk of each producer supplying milk to the milk plant. The laboratory shall determine the bacterial counts of the sample, both as raw milk and after pasteurization in the laboratory, the determination to be made by the standard plate count method, as well as a determination for any harmful substances that the director may by regulation require, and shall keep a record of these findings for a period of not less than one year following the findings which shall be open to inspection by the director or any milk inspector. The laboratory shall make a report to the milk plant submitting the sample with respect to each determination.
2. The director may by regulation require any milk plant to submit samples of milk after pasteurization in the plant to a private laboratory for analysis for the purpose of ascertaining bacterial counts or the presence of harmful substances or organisms as the director may require, and the laboratory shall make its reports on its analysis available to the director in the same manner as with respect to samples of raw milk submitted by producers.
3. Regulations promulgated by the director pursuant to this section requiring sampling by a private milk laboratory shall not impose an unreasonable burden on milk plants. The director may in his or her discretion engage private laboratories to perform any additional tests that he or she may require in the event the expense of the tests constitutes an unreasonable burden on milk plants. The director may by regulation require producers of raw milk cheese to submit samples of unpasteurized milk for said analysis.

History of Section. P.L. 1962, ch. 80, § 1; P.L. 1984, ch. 132, § 3; P.L. 2005, ch. 285, § 1.

21-2-6. Grade A dairy farm permit holders.

1. All grade A dairy farms shall be inspected at least two (2) times each year by the department of health. If the grade A dairy farm is located outside of the state, the department may accept the inspection of some person or agency outside of the state of Rhode Island who has been qualified and approved by the director to make the inspection.
2. Every grade A dairy farm permit holder shall be equipped with a bulk storage and pickup tank with suitable and adequate cooling equipment, and no grade A raw milk for pasteurization from grade A dairy farms shall be picked up in cans.
3. No milk sold or shipped by a grade A dairy farm permit holder as grade A raw milk for pasteurization shall be commingled in any manner with milk or milk products of any other grade if it is to be sold as grade A pasteurized milk.
4. The director of health shall be responsible for the enforcement of this section.

History of Section. P.L. 1962, ch. 80, § 1; impl. am. P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 1984, ch. 132, § 3; P.L. 1989, ch. 205, § 3.

21-2-7. Permits.

1. It shall be unlawful for any milk producer whose dairy farm is located wholly or partly in this state to sell or to offer to sell milk or milk products or to have milk stored for sale who does not possess at all times a Rhode Island producer’s permit from the director.
2. It shall be unlawful for any milk hauler to transport any milk or milk products to any milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in this state unless he or she shall at all times possess a Rhode Island milk hauler’s permit from the director.
3. It shall be unlawful for any person to operate a milk plant in the state of Rhode Island who does not possess a Rhode Island milk plant permit from the director with respect to each plant located in Rhode Island.
4. It shall be unlawful for any milk distributor to sell or offer to sell milk or milk products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all times possess a milk distributor’s permit from the director.
5. It shall be unlawful for any milk hauler to transport any milk or milk products from any point outside the state into the state of Rhode Island for sale or processing in this state or for any milk plant located in Rhode Island to process any milk or milk products which come from any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk products within this state which come from any point outside this state, unless:
   1. Every producer who produces any part of the milk or milk products shall have been inspected and shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated under this chapter in the case of Rhode Island producers;
   2. Every vehicle in which the milk is transported to the plant where processed shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated pursuant to this chapter in the case of Rhode Island milk hauler permittees; and
   3. The operator of each milk plant located outside the state of Rhode Island where any part of the milk is processed at all times possesses an out-of-state milk plant permit from the director.
6. It shall be unlawful for any person located in the state of Rhode Island to sell or offer for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A milk product, unless the person at all times is in possession of a Rhode Island grade A producer’s permit.
7. The fees for the following permits referred to in this section shall be as set forth in § 23-1-54 :
   1. In-state milk processors;
   2. Out-of-state milk processors; and
   3. Milk distributors.
8. Milk producers and milk haulers shall be exempt from permit fees.

History of Section. P.L. 1931, ch. 1777, §§ 1, 11; G.L. 1938, ch. 217, §§ 1, 10; G.L. 1956, §§ 21-2-1 , 21-2-12 ; G.L. 1956, § 21-2-7 , P.L. 1962, ch. 80, § 1; P.L. 1990, ch. 10, art. 8, § 1; P.L. 2001, ch. 77, art. 15, § 1; P.L. 2005, ch. 285, § 1; P.L. 2007, ch. 73, art. 39, § 36; P.L. 2012, ch. 241, art. 9, § 29.

21-2-7.1. Rhode Island raw milk cheese.

It shall be lawful to produce in this state for sale raw milk cheese, as defined in § 21-2-3 , provided that for the facility for making of such raw milk cheese, an in-state processors permit is obtained pursuant to § 21-2-7 . The fee for such permit shall be in accordance with the provisions of § 23-1-54 for permits issued pursuant to § 21-2-7(g)(1) , and the facility where the cheese is made shall comply with applicable standards, administered by the director, for a food business, that are reasonable and appropriate for a facility of this type and nature.

History of Section. P.L. 2016, ch. 536, § 2.

21-2-8. Issuance of permits.

1. General Requirements.  The director shall issue a permit as required in § 21-2-7 of any type or kind only after receipt by him or her of a written application upon a form furnished by the director and setting forth any information concerning the applicant and his or her operation and facilities that the director may by regulation require. No permit shall be issued except on the basis of an inspection of the applicant’s operation and facilities by a milk inspector of the department of health, if the applicant’s place of business or operation is located in the state of Rhode Island, or if located outside the state, upon the basis of an inspection by a milk inspector of the department or by some person or agency outside of the state of Rhode Island but qualified and approved by the director to make inspections of the type required in the state where the applicant’s operation or facilities are located. The permit shall issue only after the foregoing conditions and those special conditions, if any, as may be required in the case of any particular type of permit provided in this chapter, shall have been complied with. Every permit shall be granted upon the express condition that the applicant shall at all times conduct his or her operations and maintain his or her facilities in accordance with: (1) the requirements of this chapter, (2) all regulations of the director promulgated in accordance with the provisions of this chapter, and (3) the terms of § 21-4.1-6 .
2. Rhode Island milk producer’s permit.  A milk producer’s permit shall issue only after the director shall have ascertained that, according to the records of the department, the applicant is currently complying with the provisions of chapters 4 — 7 of title 4.
3. Distributor’s permit.  No distributor’s permit shall be required in the case of retail stores purchasing milk finally bottled or packaged from a permittee under this statute for resale at retail to the ultimate consumer within the state of Rhode Island, but it shall be unlawful for any distributor to sell milk or have milk in his or her possession to sell which has not been processed by a person holding a permit from the director.
4. 1. Out-of-state milk plant permit.  An out-of-state milk plant permit shall be issued by the director only after he or she has received from the applicant for a milk plant permit a statement in writing in an approved form that the applicant agrees, as a condition precedent to the issuance of the permit, that his or her milk plant may be inspected at any time by the director or by milk inspectors of the state of Rhode Island and/or by any other inspectors approved by the director under the provisions of this chapter to make inspections in the state where the milk plant may be located, and that the director and his or her designated agents and representatives may at all reasonable times have access to the books and records of the milk plant for the purpose of enforcing compliance on the part of the applicant with the provisions of this chapter.
   2. Out-of-state milk plants shall meet the provisions of the regulations established by the director to sell, continue to sell, or offer for sale grade A milk or milk products in the state of Rhode Island. The regulations shall be consistent with the Federal Pasteurized Milk Ordinance.

History of Section. P.L. 1931, ch. 1777, §§ 2, 3, 5, 10; P.L. 1932, ch. 1865, § 1; P.L. 1933, ch. 2035, § 1; P.L. 1933, ch. 2036, § 1; P.L. 1936, ch. 2355, §§ 1, 3; P.L. 1937, ch. 2534, § 1; G.L. 1938, ch. 217, §§ 2 to 4, 9; G.L. 1956, §§ 21-2-2 to 21-2-4 , 21-2-6 , 21-2-11 ; G.L. 1956, § 21-2-8 , P.L. 1962, ch. 80, § 1; P.L. 1968, ch. 158, § 1; P.L. 1989, ch. 205, § 3; P.L. 1992, ch. 320, § 2.

21-2-9. Duration and renewal of permits.

1. All permits issued by the director shall, unless renewed, expire at midnight of the last day of the twelfth month after the date of issue.
2. All permits may, except in the case of any permit revoked for cause after a hearing, as provided in this chapter, be renewable by the director upon the filing at least twenty (20) days before the expiration of the permit with the director of an application for renewal giving any information that the director shall, by written regulation, reasonably require.

History of Section. P.L. 1931, ch. 1777, § 5; P.L. 1936, ch. 2355, § 1; P.L. 1937, ch. 2534, § 1; G.L. 1938, ch. 217, § 4; P.L. 1940, ch. 901, § 1; G.L. 1956, § 21-2-6 ; G.L. 1956, § 21-2-9 ; P.L. 1962, ch. 80, § 1; P.L. 1968, ch. 158, § 1; P.L. 1982, ch. 189, § 1.

21-2-10. Issuance of temporary permits.

In any case where a milk plant located outside of the state of Rhode Island shall make application in the first instance for a permit, the director may, in his or her absolute discretion, after taking any measures that he or she shall deem necessary to investigate the health of the animals furnishing milk to the plant, their facilities, and the facilities of the plant and/or the quality of milk of the applicant, as the circumstances shall require, issue a temporary permit which shall permit the milk plant to sell or process milk, as the case may be, for ultimate sale in the state of Rhode Island. No temporary permit shall extend for a period in excess of thirty (30) days.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-11. Emergency powers.

1. In the event of any serious disaster, such as conflagration, enemy attack, earthquake, flood, hurricane, tornado, drought, or other emergency, which shall result in an unusual nonseasonal shortage in the milk supply in the state of Rhode Island, the director shall have power, upon issuance of an order by him or her specifying the nature and extent of the emergency and without notice: (1) to suspend part or all of the regulations made under authority of this chapter; (2) to promulgate other or additional emergency regulations; and (3) to suspend part or all of the requirements of this chapter pertaining to inspection and the obtaining of permits by milk plants located outside the state of Rhode Island from which milk is derived for sale in the state of Rhode Island and pertaining to inspection of their milk producers and haulers.
2. In the case of any special emergency, the director may issue emergency permits for the importation of milk into the state of Rhode Island which has not been inspected at the source in accordance with this statute and the regulations pursuant to this chapter; provided, that the director shall be satisfied that any source of milk admitted by emergency permit shall not constitute a threat to the health of the people of Rhode Island, and provided that environmental conditions surrounding the production, transportation, and processing of the imported milk shall reasonably have been subject to inspection at its source under authority of law other than that of the state of Rhode Island.
3. The suspension and emergency regulations shall be for the duration of the emergency or forty (40) days, whichever period shall be shorter.
4. The director is empowered in the event of any contamination or threat of contamination of the milk supply alone to promulgate additional emergency regulations pertaining to the treatment and conditions of production, distribution, and sale of milk, the regulations to go into effect immediately without a hearing. The emergency regulations shall be in effect forty (40) days or the duration of the emergency, whichever period shall be shorter. The director shall promulgate the emergency regulations by filing a copy of the regulations in the secretary of state’s office and having copies available for public inspection. As soon as practicable, the director shall give notice of the promulgation of the emergency regulations.

History of Section. P.L. 1931, ch. 1777, §§ 2, 13; P.L. 1932, ch. 1865, §§ 1, 3; P.L. 1933, ch. 2037, § 1; G.L. 1938, ch. 217, §§ 2, 12; P.L. 1941, ch. 1043, § 5; G.L. 1956, §§ 21-2-4 , 21-2-14 ; G.L. 1956, § 21-2-11 ; P.L. 1962, ch. 80, § 1; P.L. 1984, ch. 132, § 3; P.L. 1985, ch. 150, § 36; P.L. 2002, ch. 292, § 45.

21-2-12. Revocation of permits.

In the event that any permittee shall be deemed by the director to have violated any of the provisions of this chapter, or of the regulations promulgated under this chapter, or of the terms of § 21-4.1-6 , he or she may, in his or her discretion, initiate proceedings for the revocation of the permit of the permittee. The director shall give the permittee twenty (20) days’ written notice of a hearing at which the permittee shall be given opportunity to show cause as to why his or her permit shall not be revoked. The director may, at the hearing, have the assistance of counsel in ruling upon evidence and in connection with the conduct of the hearing, or, in the alternative, the hearing may be conducted by a subordinate designated by the director for that purpose, who shall take a written record of the proceedings by a competent court stenographer, and the director may decide the issues arising at the hearing upon the basis of the written record. Any decision on the revocation of any permit shall be made by the director in writing by filing his or her written decision containing his or her findings of fact and conclusions in his or her office and serving a copy by registered or certified mail of his or her decision in the matter on the permittee.

History of Section. P.L. 1931, ch. 1777, § 7; P.L. 1936, ch. 2355, § 2; G.L. 1938, ch. 217, § 6; G.L. 1956, § 21-2-8 ; G.L. 1956, § 21-2-12 ; P.L. 1962, ch. 80, § 1; P.L. 1984, ch. 132, § 3; P.L. 1992, ch. 320, § 2.

21-2-13. Appeals.

An appeal from any decision or order of the director may be taken by any aggrieved party to the superior court in the manner provided for in chapter 35 of title 42.

History of Section. P.L. 1984, ch. 132, § 2.

21-2-14. Temporary permit suspension.

Temporary permit suspensions shall take place in accordance with procedures set forth in the Grade “A” Pasteurized Milk Ordinance 1978 recommendations of the U.S. Public Health Serviceood and Drug Administration, and subsequent revisions.

History of Section. P.L. 1989, ch. 205, § 2.

21-2-15. Repealed.

21-2-16. Embargo of sale or distribution of milk.

In the event that any milk inspector or the director shall at any time, upon inspection of any dairy farm of any Rhode Island milk producer or of the facilities or equipment of any hauler or of any milk processing plant or of the plant, store, or other premises of any distributor, or upon the examination, inspection, or analysis of any quantity of milk or milk product, or in the event that he or she shall receive a report of any unsatisfactory inspection as to the animals of any producer, become satisfied or has probable cause to believe that any supply or quantity of milk is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of chapter 31 of this title, he or she may embargo the supply or quantity of milk in accordance with the procedures set forth in § 21-31-6 .

History of Section. P.L. 1962, ch. 80, § 1; impl. am. P.L. 1962, ch. 80, § 12, P.L. 1963, ch. 74, § 1; P.L. 1984, ch. 132, § 3.

21-2-17, 21-2-18. Repealed.

21-2-19. Inspections and inspectors.

The operations and facilities of all permittees located in the state of Rhode Island shall be inspected by the director or a milk inspector subordinate to the director at least twice each year. The operations and facilities of all permittees located outside the state of Rhode Island shall likewise be inspected by the director or a milk inspector subordinate to the director at least twice a year; provided, that in the event that the director shall be satisfied that the entire inspection service of another state shall be adequate and reliable to ensure compliance with the provisions of this chapter on the part of producers, milk haulers, or permittees in another state, or in the event that he or she shall be satisfied as to the reliability of any one or more individual inspectors located in another state to ensure compliance, he or she may certify the service or the inspectors, as the case may be, to make the inspections of the operations and facilities of out-of-state permittees located in another state required under this section and required as a condition precedent to the issuance of permits in the first instance.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-20. Special inspections.

In the event that any operator of a milk plant or distributor shall desire to obtain milk to be sold in the state of Rhode Island from any location outside the state, and inspectors for that location have not been certified or approved by the director, and it shall be necessary in order to make the milk conform to the requirements of this statute and the regulations promulgated to provide specially for the necessary inspections pertaining to it, the director may in the alternative either: (1) approve and certify an inspector specially for the purpose; or (2) send an inspector from the director’s own department for the purposes of making the inspections. In either event the milk haulers, the operator of milk plants, or distributors, as the case may be, requesting the inspection and the issuance of any permits involved, shall pay to the director all of the reasonable expenses and the salary pro rata of the inspectors not only of the inspection in the first instance incident to the issuance of permits, but for all subsequent inspections required by the director in the premises, the expenses to be allocated proportionately, according to volume, among the permittees requesting the inspections, if more than one.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-21. Inspectors and assistants.

The director shall employ any inspectors and assistants in enforcing the provisions of this chapter as he or she shall deem necessary and may delegate to them any powers possessed by him or her under the provisions of this chapter except those conferred upon him or her by §§ 21-2-11 , 21-2-23 , and 21-2-29 and which he or she is not in those sections specifically authorized to delegate.

History of Section. P.L. 1931, ch. 1777, § 14; G.L. 1938, ch. 217, § 13; G.L. 1956, § 21-2-15 ; G.L. 1956, § 21-2-21 , P.L. 1962, ch. 80, § 1.

21-2-22. Inspection of animals and milk.

1. Responsibility for the inspection of herds and animals of milk producers within the state of Rhode Island shall be imposed upon the director of environmental management who shall enforce compliance on the part of Rhode Island producers with the provisions of, and as provided in chapters 4, 5, 6, and 7 of title 4. With respect to the herds of producers of milk sold or destined for sale in the state of Rhode Island whose herds or establishments are located outside the state, it shall be the duty of the director of environmental management, either personally or through the director’s subordinates or veterinarians or technicians approved by the director, to make inspection of the herds and animals, wherever located, to assure himself or herself that they comply in all respects with the same requirements pertaining to the herds and animals of Rhode Island producers under the provisions of chapters 4, 5, 6, and 7 of title 4, or in the event that the director is satisfied as to the competence and reliability of an entire inspection service or of individual inspectors of cattle available in the state where the herds or establishments of the out-of-state producers are located, he or she may approve the service or the inspectors, as the case may be, and solicit and accept the certification of those inspectors to the health of the herds and animals of out-of-state producers furnishing milk to out-of-state milk plant permittees and compliance with the standards provided for Rhode Island producers; provided, that in the case of any producer outside of the state of Rhode Island who desires certification for the production of grade A milk, all inspections for animal disease and compliance with the provisions of chapters 4, 5, 6, and 7 of title 4, and for compliance with the requirements for grade A producers provided in § 21-2-6(b) — (d), shall be made by the director of health himself or herself, his or her own subordinates, or by veterinarians or technicians approved by him or her. It shall be the duty of the director of health to procure any necessary information with respect to the herds of producers located outside the state of Rhode Island, milk from which is processed or sold in Rhode Island, required to ensure that the herds substantially comply with the same requirements as in the case of Rhode Island producers imposed upon them by the provisions of chapters 4, 5, 6, and 7 of title 4.
2. The director of the department of environmental management shall provide all information and reports necessary to the director of department of health for the enforcement of chapter 6.1 of title 4 and this chapter.

History of Section. P.L. 1962, ch. 80, § 1; impl. am. P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 1982, ch. 78, § 6.

21-2-23. Director empowered to make regulations.

1. The director of health is authorized to promulgate any regulations that are necessary to carry into effect the provisions of this chapter, which shall include, but not be limited to, providing for: (1) standards of identity, labeling requirements, maintaining standards for milk and milk products sold or offered for sale in final package forms; (2) standards for the production, transportation, receiving, handling, storage, processing, distributions, and sale of raw milk for pasteurization and products of raw milk, including all pertinent sanitary standards and uniform minimum requirement for inspection of dairy farms, milk plants and receiving stations; and may in like manner amend, modify or repeal those rules and regulations which shall be consistent with the provisions of the Grade “A” Pasteurized Milk Ordinance 1978 recommendations of the U.S. Public Health Service/Food and Drug Administration, 1983 Revisions, which shall become upon the passage of this act the rules and regulations under this chapter in accordance with § 21-2-2(10) .
2. The adoption and amendment of regulations in the future shall be in accordance with chapter 35 of title 42; provided, that amendments to the Grade “A” Pasteurized Milk Ordinance adopted by the interstate milk shippers conference shall become a part of the regulations under this chapter. Provided, that a person adversely affected by any regulation may, within thirty (30) days, file with the director, in writing, those objections to a regulation automatically adopted which stays the effect of the regulation. If no substantial objections are received and no hearing is requested within thirty (30) days after publication of a notice of the adoption of a regulation, it shall be effective as of the date it was adopted by the interstate milk shippers conference. When automatic adoption is stayed by a timely objection, the director, after notice, shall conduct a public hearing in accordance with the provisions of chapter 35 of title 42. The director of health is authorized to adopt any other regulations for milk and other related products that he or she deems necessary in accordance with authority granted under this chapter, chapters 27 and 31 of this title and § 23-1-18(5) .
3. The director shall publish a notice of the adoption in a newspaper having general circulation throughout the state.

History of Section. P.L. 1984, ch. 132, § 2.

21-2-24 — 21-2-28. Repealed.

21-2-29. Standards to be maintained.

All milk and milk products as defined in this chapter which are to be shipped, brought, carried, or transported into Rhode Island for sale, distribution, use, or processing in this state, shall come from animals that are of a substantially equal or higher health status as applied to brucellosis, tuberculosis, or other diseases as those animals located within Rhode Island from which milk is produced for sale, distribution, use, or processing.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-30. Information to be furnished to director.

Every person engaged in the business of producing, handling, transporting, processing, packaging, selling, or distributing milk in Rhode Island shall upon request furnish the director, whenever requested by the director, the following information: (1) full name and place of business; (2) number of quarts of milk handled weekly by him or her or it; and (3) the names and addresses of all producers, milk haulers or milk plants supplying milk to him or her. Every milk plant holding a Rhode Island milk plant permit shall report coincidentally with and by means of a copy of any report which he or she makes, or is required to make, to the federal milk marketing administrator whenever he or she shall have added or dropped a milk producer.

History of Section. P.L. 1931, ch. 1777, § 8; G.L. 1938, ch. 217, § 7; G.L. 1956, § 21-2-9 ; G.L. 1956, § 21-2-30 , P.L. 1962, ch. 80, § 1.

21-2-31. Labeling of containers of milk and milk products.

1. All containers in or from which milk or milk products are sold or offered for sale shall bear a label in accordance with regulations adopted under this chapter.
2. All labels or marks shall be displayed in the manner and include any matters as shall be prescribed by the rules and regulations of the director; provided, nothing contained in this section shall be construed to empower the director to disapprove of or to change any dealer from using the common name of his or her firm, or of any registered trademark, brand, or trade name customarily used by him or her in the identification of any or all of his or her products.
3. Samples of all labels or marks to be used on containers of milk or milk products shall be submitted for approval as to color, size of lettering, and matter. No misleading mark or words shall be placed on any container of milk or milk products. The cap or cover of all containers of milk or milk products must cover the pouring lip to at least its largest diameter.

History of Section. G.L. 1909, ch. 203, § 23; P.L. 1926, ch. 820, § 1; G.L. 1938, ch. 216, § 23; P.L. 1954, ch. 3311, § 2; G.L. 1956, § 21-5-16; P.L. 1959, ch. 184, § 1; G.L. 1956, § 21-2-31 ; P.L. 1962, ch. 80, § 1; P.L. 1963, ch. 91, § 4; P.L. 1984, ch. 132, § 3.

21-2-32. Labeling as to breed of cows.

1. The labels of milk containers may carry in addition to one of the above grade names, but set apart from those grade names, the name of the breed of cows producing the milk or the registered trade name or trademark for the breed; provided containers so labeled contain only milk produced from the breed named.
2. The label of milk product containers may carry in addition to one of the terms defined in § 21-2-31 which correctly describes the contents, but set apart from that term, the name of the breed of cows producing the milk from which the milk product was derived, or the registered trade name or trademark for the breed; provided that containers so labeled contain only a milk product derived from milk produced from the breed named.

History of Section. G.L. 1938, ch. 216, § 22, P.L. 1954, ch. 3311, § 1; G.L. 1956, § 21-5-17; P.L. 1959, ch. 181, § 1; G.L. 1956, § 21-2-32 , as enacted by P.L. 1962, ch. 80, § 1; P.L. 1963, ch. 91, § 5.

21-2-33 — 21-2-42. Repealed.

21-2-43. Enforcement of chapter.

The director is authorized to enforce the provisions of this chapter.

History of Section. P.L. 1962, ch. 80, § 1; P.L. 1968, ch. 158, § 1.

21-2-44. State statutory provisions and rules paramount to local.

Whenever there is any provision of this chapter or any other statute defining a particular kind, type, or grade of milk or milk product or setting forth requirements as to the chemical or bacteriological components, standards, or requirements for that kind, type, or grade of milk or milk product, or specifying standards or methods for the processing, treatment, or packaging or labeling of the milk or milk product, or when the director shall have lawfully established a definition or requirements by regulation, the provisions of that chapter, statute, or regulation shall supersede any definition or requirements for it which may be contained in any city or town ordinance or in the regulations of any city or town office or department, whether made under a statute or an ordinance.

History of Section. P.L. 1931, ch. 1777, § 15; G.L. 1938, ch. 217, § 14; G.L. 1956, § 21-2-16 ; G.L. 1956, § 21-2-44 , P.L. 1962, ch. 80, § 1; P.L. 1989, ch. 542, § 35.

21-2-45. Standardization permitted.

Milk may be standardized by the addition to it of milk, skimmed milk, or cream. The standardized milk shall meet the specifications set forth in this chapter.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-46. Wholesale and contract sales.

Nothing contained in this chapter shall be construed to prohibit the sale of milk, cream, skim milk, or milk products to any milk plant, either at wholesale or pursuant to contract, by weight and test and/or upon the basis of milk fat content and/or on the basis of bacterial counts or other sanitation requirements; provided, that in the case of milk or milk products of a particular description or grade, nothing in this section shall be construed to authorize a sale of any milk or milk product which does not at least conform to the requirements of that description or grade.

History of Section. G.L. 1923, ch. 203, § 39, P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 38; G.L. 1956, § 21-5-26; G.L. 1956, § 21-2-46 , P.L. 1962, ch. 80, § 1.

21-2-47 — 21-2-50. Repealed.

21-2-51. Access of enforcement officers.

The director and the director’s duly authorized milk inspectors, deputies, and assistants, or any of them, shall have access, at all reasonable hours, to all premises and places where milk or milk products are produced, handled, or processed or where the process of pasteurization is carried on, for the purpose of the enforcement of the provisions of this chapter.

History of Section. P.L. 1931, ch. 1777, § 6; G.L. 1938, ch. 217, § 5; G.L. 1956, § 21-2-7 ; G.L. 1956, § 21-2-51 , P.L. 1962, ch. 80, § 1.

21-2-52. Appropriations and disbursements.

The general assembly shall annually appropriate any sums that it may deem necessary for the purpose of carrying out the provisions of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of any sum appropriated, or so much of it as may be required, upon receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1931, ch. 1777, § 17; G.L. 1938, ch. 217, § 16; G.L. 1956, § 21-2-18; G.L. 1956, § 21-2-52 , P.L. 1962, ch. 80, § 1.

21-2-53. Powers of superior court in equity.

In addition to any other remedy set forth in this chapter for the enforcement of the provisions of the chapter or any rule, regulation, order, or decision of the director, the superior court shall have jurisdiction in equity, upon a bill of complaint filed by the director or his or her authorized agents, to restrain or enjoin any person, his or her agents, and servants, from committing any act prohibited by this chapter or prohibited by any lawful rule, regulation, order, or decision of the director. If it is established upon hearing that any person charged, himself or herself or by his or her agents and servants, has been or is committing any act declared to be unlawful by this chapter or is in violation of any rule, regulation, order, and decision of the director, the court shall enter a decree enjoining that person, corporation, or trustee from further commission of that act or actions. In case of violation of an injunction issued under this section, the court or any judge of the court shall summarily try and punish the person, or his or her agents and servants, or both, for contempt of court. The existence of other civil or criminal remedies shall be no defense to this proceeding. The director, or his or her authorized agents, shall not be required in that proceeding to give or post a bond when making an application for an injunction, a restraining order, preliminary injunction, or permanent injunction under this section. The court may issue an ex parte restraining order, until further hearing, upon a reasonable showing ex parte that the respondent has been guilty of a violation, and shall have power to enter preliminary injunctions and grant other relief, pendente lite, which may pertain to equity and justice in the premises. All proceedings under this section, and any appellate proceedings which may follow, shall in all respects follow the course of equity.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-54. Prosecution of violations.

The director, or any duly authorized agent, may file a complaint in writing at the suit of the director as complainant in the district court within the district where any violation of the provisions of this chapter or of the lawful regulations of the director adopted pursuant to this chapter are alleged to have been committed. The director or a duly authorized agent shall be exempt from filing any bond or furnishing any surety for costs.

History of Section. P.L. 1962, ch. 80, § 1.

21-2-55. Penalties for violations.

Persons convicted of violating any of the provisions of this chapter or the regulations adopted in accordance pursuant to this chapter shall be punished by a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense; by a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and by a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) for a third or subsequent offense.

History of Section. P.L. 1984, ch. 132, § 2.

21-2-56. Taking of samples in investigation of violations.

No person, firm, or corporation, nor the employee of any person, firm, or corporation, shall be liable to prosecution under the provisions of this chapter if the prosecution is based upon samples of milk, unless samples of milk or cream upon which the prosecution is based are taken upon his or her premises or while in his or her possession or under his or her control by an inspector of milk or a collector of samples of milk of some city or town or an employee of the state department of health, and a sealed sample of it is given to him or her.

History of Section. G.L. 1909, ch. 173, § 15, P.L. 1921, ch. 2070, § 3; G.L. 1923, ch. 203, § 15; G.L. 1938, ch. 216, § 15; P.L. 1941, ch. 1043, § 1; P.L. 1954, ch. 3311, § 1; G.L. 1956, § 21-5-27; G.L. 1956, § 21-2-56 , P.L. 1962, ch. 80, § 1.

21-2-57. Severability.

In the event that any provision of this chapter or the application of it to any person or circumstance shall be held invalid, that invalidity shall not affect the provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1962, ch. 80, § 1.

21-2.1-1. Calibration, testing, and sealing of farm milk holding tanks — Fees.

The capacity of every farm milk holding tank (when used as a measure) shall be calibrated, tested, and sealed by the director of labor and training. The fee for this calibration shall be five dollars ($5.00) plus a fee of one-half cent ($0.005) per gallon for its determined total capacity.

History of Section. P.L. 1965, ch. 150, § 1.

21-2.1-2. Tampering with the gauging mechanism prohibited — Penalty for violation.

It shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) for each offense for any person to tamper with or alter in any way the gauging mechanism of a farm milk holding tank.

History of Section. P.L. 1965, ch. 150, § 1.

21-2.1-3. Frequency of calibration required.

Every farm milk holding tank (when used as a measure) shall be recalibrated at least once every three (3) years. Following the calibration, testing, and sealing as set forth in § 21-2.1-1 , the state sealer of weights and measures of the department of labor and training shall issue and deliver to the owner of the milk holding tank a gallonage chart and weight conversion chart applicable to that holding tank.

History of Section. P.L. 1965, ch. 150, § 1.

21-3-1 — 21-3-7. Repealed.

21-4-1 — 21-4-31. Repealed.

21-4.1-1. Milk commission — Composition.

There shall be a milk commission which shall consist of three (3) members: the director of health or his or her designee, the attorney general or his or her designee, and the director of environmental management or his or her designee. The members of the commission shall elect a chairperson from among themselves.

History of Section. P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.

21-4.1-2. Definitions.

As used in this chapter, unless otherwise specified, the following words have the following meaning:

1. “Commission” means the Rhode Island milk commission.
2. “Consumer” means any person other than a milk dealer who purchases milk for fluid consumption.
3. “Dealer” means any person who purchases or receives milk from a producer for the purpose of resale.
4. “Department” means the department of health.
5. “Director” means the director of health or his or her duly authorized agents.
6. “Fluid milk products” or “Class 1 milk” means milk, skimmed milk, flavored milk or skimmed milk, cultured skimmed milk, buttermilk, filled milk, concentrated milk, and any mixture of milk or skimmed milk and cream containing less than ten percent (10%) butterfat. The term includes these products in fluid, frozen, fortified, or reconstituted form but does not include sterilized products in hermetically sealed containers and such products as eggnog, yogurt, whey, ice cream mix, ice milk mix, milk shake base mix, evaporated or condensed milk or skimmed milk (in either plain or sweetened form), and any product that contains six percent (6%) or more non-milk fat (or oil). Fluid milk products that have been placed in containers for disposition to retail or wholesale outlets are referred to as packaged fluid milk products.
7. “Market” means any city, town or parts of a city or town of the state, or two (2) or more cities or towns or parts of cities or towns designated by the commission as a natural marketing area.
8. “Person” means any individual, partnership, firm, corporation, association or other unit, and the state and all political subdivisions or agencies of the state, except state owned and operated institutions.
9. “Producer” means a Rhode Island dairy farmer who produces milk that is moved, other than in packaged form, from his or her farm to a pool plant or any other plant as diverted milk.

History of Section. P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.

21-4.1-3. Powers and duties.

1. The commission shall set the minimum price paid to the producer for Class 1 milk.
2. The commission shall conduct independent studies and reviews of the economics and practices of the milk industry in order to determine whether any producer or dealer is engaged in predatory pricing or other anticompetitive activity in violation of § 6-13-2.1 .
3. The commission may adopt, promulgate and enforce all rules, regulations and orders necessary to the commission’s performance of its duties under this chapter.
4. Every producer and every dealer shall keep and render to the commission, at the times and in the manner and form as shall be prescribed by the rules and regulations of the director, accounts of all business transacted which is related to the production, purchasing, processing, distribution or sale of milk in this state. Those accounts shall reasonably and accurately reflect, in any detail that the commission deems necessary and appropriate: (1) milk prices generally, (2) container costs, (3) price categories relating to different quantities of milk packaged and sold in separate containers, (4) distribution costs, and (5) any other matters which affect or which are relevant to retail milk prices in this state.
5. All information collected and renamed by the commission in the performance of its duties shall be confidential, except that the information may be disclosed to public officials when necessary or appropriate to the performance of their official duties. Collective information of a general statistical nature may be reported.
6. The commission shall conduct any public hearings that it deems necessary and appropriate to its performance of its duties under this chapter.

History of Section. P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.

21-4.1-4. Annual report.

1. On or before January 15 of each year the commission shall submit a report to the general assembly, which annual report may include, but need not be limited to:
   1. A summary of its activities during the previous year;
   2. A description of any and all complaints of predatory pricing or other anti-competitive practices which have been referred to the attorney general; and
   3. Any recommendations that it may have relative to the need for and the appropriateness of regulatory or legislative action relative to the milk industry.
2. In making recommendations for regulatory or legislative action, the commission shall take into account, among any other factors which it may deem appropriate:
   1. The public health and welfare and the insuring of an adequate supply of pure and wholesome fluid milk products to the inhabitants of the state under varying conditions in various marketing areas;
   2. Prevailing prices in neighboring states;
   3. Seasonal production and other conditions affecting the cost of production, transportation, and marketing in the milk industry, including a reasonable return to the dealer and different retail delivery volumes of milk;
   4. The effect of prices paid to producers on the ability of the Rhode Island dairy industry to compete in supplying milk to Rhode Island consumers;
   5. The strength and viability of the Rhode Island dairy industry as a whole; and
   6. The extent of any social or economic benefits of maintaining dairy processing in different regions of the state.

History of Section. P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.

21-4.1-5. Recordkeeping.

All producers and dealers shall keep records consistent with all current state and federal law and regulations.

History of Section. P.L. 1991, ch. 344, § 1; P.L. 1992, ch. 320, § 3.

21-4.1-6. Prohibition on pricing.

No dealer shall purchase or receive Class 1 milk from any Rhode Island producer for any price less than the minimum price set by the commission pursuant to § 21-4.1-3(a) of this chapter.

History of Section. P.L. 1992, ch. 320, § 4.

21-4.1-7. Denial or revocation of permit.

Violation of the prohibition set forth in § 21-4.1-6 by any dealer shall be grounds for the denial of any permit sought by that dealer pursuant to § 21-2-8 and for revocation of any permit previously issued to that dealer, in accordance with § 21-2-12 .

History of Section. P.L. 1992, ch. 320, § 4.

21-4.1-8. Preference.

Notwithstanding any provisions to the contrary contained in chapter 2 of title 37 or in any city or town charter or ordinance, any Rhode Island milk processor or distributor which bids on any state, city, town, or regional school district contract for the purchase of milk within this state shall be entitled to and shall be given a percentage preference of one quarter of one percent (0.25%) over any out-of-state milk provider or distributor bidding on the same contract.

History of Section. P.L. 1992, ch. 320, § 4.

21-4.1-9. Severability.

If any clause, sentence, paragraph or part of this chapter or of § 21-2-8 or 21-2-12 shall for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair or invalidate the remainder of it, but shall be confined in its operation to the clause, sentence, paragraph or part directly involved in the controversy in which the judgment shall have been rendered.

History of Section. P.L. 1992, ch. 320, § 4.

21-5-1 — 21-5-3. Repealed.

21-5-4. Annual inspection of testing machines.

Each Babcock or other centrifugal machine used by any person within the state of Rhode Island for determining the composition of milk, cream, or any milk product for purposes of inspection shall be inspected at least once in each calendar year by the director of labor and training.

History of Section. G.L. 1923, ch. 203, § 32; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 31; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-35; G.L. 1956, § 21-5-4 ; P.L. 1962, ch. 80, § 2; P.L. 1968, ch. 158, § 2.

21-5-5. Condemnation or correction of defective machines.

Each Babcock or other centrifugal machine used as described in § 21-5-4 which, in the opinion of the director, is not in condition to give accurate results may be condemned by the director. No Babcock or other centrifugal machine which has been condemned shall be used for determining the composition or value of milk, cream, or any milk product, unless and until that machine is corrected to the satisfaction of the director and approved by him or her.

History of Section. G.L. 1923, ch. 203, § 32; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 31; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-36; G.L. 1956, § 21-5-5 ; P.L. 1962, ch. 80, § 2.

21-5-6. Certification of testing machine operators — Fees.

It shall be unlawful for any person within the state of Rhode Island to manipulate the Babcock or other centrifugal machine to determine the composition of milk, cream, or any milk product for purposes of inspecting milk or milk products without first obtaining a certificate from the director that he or she is competent to do that work. The fee for certification shall be five dollars ($5.00), and shall be paid to the director for the use of the state. If a holder of a certificate is notified by the director to correct his or her use of the centrifugal machine, the actual cost of an inspection to ascertain if that person has corrected his or her use of the machine shall be paid by the person or by his or her employer to the director for the use of the state.

History of Section. G.L. 1923, ch. 203, § 33; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 32; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-37; P.L. 1960, ch. 74, § 10; G.L. 1956, § 21-5-6 ; P.L. 1962, ch. 80, § 2; P.L. 1968, ch. 158, § 2.

21-5-7. Issuance and revocation of machine operator certificates.

The director may issue certificates of competency to persons desiring to manipulate the Babcock or other centrifugal machine who, in his or her opinion, are competent. The director may make and enforce rules governing applications for the certificates and the granting of them, and may revoke the authority of any holder of a certificate who, in the director’s opinion, is not correctly manipulating a machine or is using dirty or unsatisfactory glassware or utensils in connection with the work. No holder of a certificate whose authority has been revoked shall after this manipulate any machine within the state of Rhode Island for the purposes mentioned in § 21-5-6 , until another certificate is granted to that person.

History of Section. G.L. 1923, ch. 203, § 34; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 33; G.L. 1956, § 21-5-38; G.L. 1956, § 21-5-7 ; P.L. 1962, ch. 80, § 2.

21-5-8. Repealed.

21-5-9. Rules and regulations as to weighing and testing.

The director may make any rules and regulations, not inconsistent with law, that in his or her judgment may be helpful in carrying out the provisions of this chapter and for the purpose of insuring accuracy in the weighing, sampling, and testing of milk, cream, and milk products within the state of Rhode Island.

History of Section. G.L. 1956, ch. 203, § 36; P.L. 1928, ch. 1138, § 1; P.L. 1932, ch. 1915, § 1; G.L. 1938, ch. 216, § 35; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-40; G.L. 1956, § 21-5-9 ; P.L. 1962, ch. 80, § 2; P.L. 1968, ch. 158, § 2.

21-5-10. Penalty for obstruction or violations.

Whoever hinders or obstructs the director, or a duly authorized assistant, in the discharge of any authority or duty imposed by any provision of this chapter, and whoever violates any provision of this chapter or of any lawful regulations of the director made under the provisions of this chapter, shall be punished by a fine not more than one hundred dollars ($100).

History of Section. G.L. 1923, ch. 203, § 37; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 36; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 21-5-41; G.L. 1956, § 21-5-10 ; P.L. 1962, ch. 80, § 2.

21-5-11. Testing for information only.

This chapter shall not affect any person using any centrifugal or other machine or test to determine the composition or value of milk, cream, or milk products if that use or test is made for that person’s information only, and not for purposes of inspection, or as a basis for payment in buying or selling.

History of Section. G.L. 1923, ch. 203, § 30; P.L. 1928, ch. 1138, § 1; G.L. 1938, ch. 216, § 37; G.L. 1956, § 21-5-42; G.L. 1956, § 21-5-11 ; P.L. 1962, ch. 80, § 2.

21-5-12. Inspectors and assistants.

The director shall employ and prescribe the duties of inspectors and assistants in enforcing the provisions of this chapter.

History of Section. G.L. 1923, ch. 203, § 29; P.L. 1927, ch. 1014, § 5; P.L. 1931, ch. 1703, § 1; G.L. 1938, ch. 216, § 29; G.L. 1956, § 21-5-43; G.L. 1956, § 21-5-12 ; P.L. 1962, ch. 80, § 2.

21-5-13. Enforcement.

When prosecuting any complaint under any provision of this chapter, the director and his or her deputies and assistants shall not be required to give surety for costs or enter into any recognizance.

History of Section. G.L. 1923, ch. 203, § 29; P.L. 1927, ch. 1014, § 5; P.L. 1931, ch. 1703, § 1; G.L. 1938, ch. 216, § 29; G.L. 1956, § 21-5-43; G.L. 1956, § 21-5-13 ; P.L. 1962, ch. 80, § 2.

21-5-14. Appropriations and disbursements.

The general assembly shall annually appropriate any sums that it shall deem necessary for the purpose of carrying out the provisions of this chapter. The state controller is authorized and directed to draw orders upon the general treasurer for the payment of the sums or so much of them as may be required upon receipt by him or her of properly authenticated vouchers.

History of Section. G.L. 1923, ch. 203, § 29; P.L. 1927, ch. 1014, § 5; P.L. 1931, ch. 1703, § 1; G.L. 1938, ch. 216, § 29; G.L. 1956, § 21-5-43; G.L. 1956, § 21-5-14 ; P.L. 1962, ch. 80, § 2.

21-6-1 — 21-6-12. Repealed.

21-7-1 — 21-7-14. Repealed.

21-8-1 — 21-8-3. Repealed.

21-9-1. Definitions.

1. Unless the context otherwise requires, the words and phrases defined in this section are used in this chapter in the sense given them in the following definitions:
   1. “Advertise” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of frozen desserts and/or frozen dessert mixes.
   2. “Director of health” means the director of health of Rhode Island.
   3. “Frozen dessert mix” means any unfrozen mixture that can be used in the manufacture of frozen desserts or freezer milk shakes and substitutes or imitations of them offered for sale or resale.
   4. “Frozen dessert plant” means any building, establishment, place, or premises or any part of it where frozen desserts and/or frozen dessert mixes are manufactured into a form for distribution, and any building, establishment, place, or premises or any part of it where equipment for the manufacture of frozen desserts and/or frozen dessert mixes is washed, sterilized, kept, or maintained.
   5. “Frozen desserts” are products to be consumed in frozen form and include, but not be limited to: ice cream and frozen custard, ice milk, sherbet, non-fruit sherbet, water ice, non fruit water ice, mellorine, goat’s milk ice cream and goat’s milk ice milk, frozen yogurt, frozen lowfat or lowfat frozen yogurt, frozen nonfat yogurt or nonfat frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, frozen dietary dairy dessert, dietary frozen dessert, manufactured desserts mix, freezer made shake, freezer made milk shake, parevine, lo-mel, lactose reduced ice cream, lactose reduced ice milk, other similar frozen products, substitutes, and imitations of them.
   6. “Labeling” means all labels and other written, printed, or graphic matter: (i) upon a frozen dessert and/or frozen dessert mix or any of its container or wrappers, or (ii) accompanying such products.
   7. “Manufacture” means assemble, process, prepare, produce, and/or convert.
   8. “Misleading” means that if an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, work, design, device, sound, or in any combination of them, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under any conditions of use that are customary or usual.
   9. “Mobile unit” means any vehicle on which frozen desserts are manufactured and which is used for the sale of frozen desserts and/or freezer milk shakes to the consumer.
   10. “Mobile unit depot” means a building from which a mobile unit operates and where it is sanitized.
   11. “Person” includes one or more individuals, a firm, partnership, corporation, or association.
   12. “Retail manufacturer” means a person who manufactures frozen desserts for sale at retail and who is not a wholesale manufacturer as defined by this chapter.
   13. “Sale” means any and every transaction including the barter, dispensing, distributing, delivering, serving, giving away, offer for sale, exposing, storing, or any other possession of frozen desserts and/or frozen dessert mixes by any person whether as principal, proprietor, agent, servant, or employee where the products are subject to transfer to another person.
   14. “Wholesale manufacturer” means a person who manufactures frozen desserts and/or frozen dessert mixes for distribution to a second person for redistribution or for manufacturing purposes.
2. Where the term “and/or” is used, either word shall apply as the context requires.
3. Definitions and standards of identity for frozen desserts and frozen dessert mixes shall be established by regulations promulgated by the director of health under the authority of § 21-9-13 .

History of Section. P.L. 1953, ch. 3176, § 1; G.L. 1956, § 21-9-1 ; P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3; P.L. 1990, ch. 10, art. 7, § 2; P.L. 1990, ch. 129, § 2; P.L. 1990, ch. 471, § 2.

21-9-2. License required.

It shall be unlawful for any person to directly or indirectly manufacture, sell, distribute, receive for distribution, or hold in his or her possession or control any frozen dessert or frozen dessert mix for distribution, sale, or resale without first obtaining a license to do so from the director of health. Application for a license shall be filed with the director of health on forms prescribed and furnished by the director. The application shall include, among other things, the location of each plant at which frozen desserts and/or frozen dessert mixes are to be manufactured into a form for distribution, sale, or resale and the brand name or names, if any, under which they are to be distributed, sold, or resold. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date.

History of Section. P.L. 1962, ch. 129, § 1; P.L. 1982, ch. 190, § 1; P.L. 1983, ch. 31, § 1; P.L. 1986, ch. 238, § 3; P.L. 1993, ch. 94, § 1.

21-9-3. License fee.

1. The annual fees for the following licenses shall be as set forth in § 23-1-54 :
   1. Instate wholesale frozen dessert processors;
   2. Out of state wholesale frozen dessert processors; and
   3. Retail frozen dessert processors.
2. Where a retail frozen dessert processor is also registered as a food service establishment under § 21-27-10 within a single location, the business shall not be required to pay more than one single fee for the highest classified activity listed in § 21-27-10 (e) or subsection (a) of this section.

History of Section. P.L. 1962, ch. 129, § 1; P.L. 1964, ch. 74, § 1; P.L. 1990, ch. 10 art. 7, § 2; P.L. 2001, ch. 77, art. 15, § 2; P.L. 2007, ch. 73, art. 39, § 37; P.L. 2012, ch. 241, art. 9, § 30; P.L. 2018, ch. 47, art. 7, § 5.

21-9-4. Issuance of license.

The license shall be issued in the form and under any terms and conditions consistent with the intent and purpose of this chapter that shall be prescribed by regulations promulgated by the director of health under the authority of § 21-9-13 . The license shall be prominently posted in the plant to which it applies.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-5. Refusal, suspension, or revocation of licenses.

The refusal, suspension, or revocation of any license shall be made in accordance with the Administrative Procedures Act, chapter 35 of title 42.

History of Section. P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, §§ 1, 2.

21-9-6. Appeals.

An appeal from any decision or order of the director may be taken by any aggrieved party to the superior court in the manner provided for in chapter 35 of title 42.

History of Section. P.L. 1982, ch. 388, §§ 3, 6; P.L. 1986, ch. 238, §§ 1, 2.

21-9-7. Records of manufacturers.

Each manufacturer of frozen desserts and frozen dessert mixes shall keep for each frozen dessert plant operated by that manufacturer a true and complete record of milk and milk products received and frozen desserts and frozen dessert mixes manufactured there.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-8. Repealed.

21-9-9. Reports of wholesale manufacturers.

Each manufacturer of frozen desserts and frozen dessert mixes shall report to the director of health on forms prescribed by the director any information and at any times that the director may require.

History of Section. P.L. 1962, ch. 129, § 1; P.L. 1964, ch. 74, § 1.

21-9-10. Repealed.

21-9-11. Inspection and preservation of records, reports, and invoices.

The records, reports, and invoices required by this chapter shall be written in legible English. The original records required by § 21-9-7 and a legible copy of the reports required by § 21-9-9 shall be preserved and kept at the frozen dessert plant to which they apply for a period of one year from the date of the last entry on them. All records, reports, and invoices shall be open at all reasonable hours for inspection by the director of health and/or by the director’s authorized agents.

History of Section. P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3.

21-9-12. Prohibited acts.

The following acts and the causing of them shall be unlawful:

1. To advertise, sell or exchange, deliver, or offer or expose for sale or exchange, or to attempt to deliver, or have in actual or constructive possession with intent to do so any frozen dessert and/or frozen dessert mix unless:
   1. The manufacturer of the product is a licensee under the provisions of § 21-9-2 ;
   2. The brand name of the product, the labeling affixed on it, or accompanying it, and/or the advertising of it gives a true and complete representation of the origin, character, composition, place of manufacture, and manufacturer, and is not false or misleading in any particular or misbranded as defined at § 21-31-11 .
2. To advertise, sell or exchange, deliver, or offer or expose for sale or exchange, or to attempt to deliver, or have in actual constructive possession with intent to do so any substitute or imitation frozen dessert or frozen dessert mix unless it is a special dietary frozen dessert which has been manufactured under regulations pertaining to it promulgated by the director of health under the authority of § 21-9-13 .
3. To sell or exchange, deliver, advertise or offer or expose for sale or exchange, or attempt to deliver, or have in actual or constructive possession with intent to do so, any frozen dessert or frozen dessert mix, ice cream, or ice milk:
   1. If it contains any oils, or fats, other than milk fats, except when those fats or oils are specifically required under standards of identity or are naturally contained in the flavors lawfully used; or
   2. If the frozen dessert and/or frozen dessert mix is adulterated as defined by § 21-31-10 .
4. To refuse to permit entry or inspection, or to refuse to permit the taking of a sample as authorized by § 21-9-19 .
5. To remove or dispose of a detained or embargoed article in violation of § 21-9-18 .
6. To fail to keep records as required by § 21-9-7 .
7. To refuse to make available and to afford full opportunity to check any record, report, or invoice as required by § 21-9-11 .
8. To fail to file reports with the director of health as required by § 21-9-9 .

History of Section. P.L. 1953, ch. 3176, § 6; G.L. 1956, §§ 21-9-13 , 21-9-14 ; P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3; P.L. 1990, ch. 10, art. 7, § 2; P.L. 1990, ch. 129, § 2; P.L. 1990, ch. 471, § 2.

21-9-13. Regulations.

1. The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the director of health, and he or she is authorized to promulgate, among others, regulations, definitions, and standards which are not inconsistent with the provisions of this chapter to govern the manufacture, labeling, transportation, advertising, and sale of frozen desserts and frozen dessert mixes, and the employee health standards and the sanitary conditions of the buildings, grounds, equipment, containers, and vehicles where those products are handled, manufactured, transported, sold, and/or stored.
2. Whenever the action will promote honesty and fair dealing in the interest of consumers, the director of health shall promulgate regulations fixing and establishing for frozen desserts and frozen dessert mixes definitions and standards of identity and quality and reasonable standards of fill of containers. In prescribing a definition and standard of identity for frozen desserts and frozen dessert mixes in which optional ingredients are permitted, the director of health shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.
3. The definitions and standards promulgated under the provisions of this chapter shall conform as far as practicable to the definitions and standards promulgated under the authority of 21 U.S.C. § 341.
4. Hearings authorized or required by this chapter shall be conducted by the director of health or any officer, agent, or employee that the director of health may designate for the purpose.
5. The adoption of regulations shall be in accordance with chapter 35 of title 42.

History of Section. P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-15 ; P.L. 1962, ch. 129, § 1; P.L. 1986, ch. 238, § 3; P.L. 1989, ch. 542, § 36; P.L. 2002, ch. 292, § 46.

21-9-14. Enforcement of chapter.

The director of health is authorized and directed to:

1. Administer and supervise the enforcement of this chapter;
2. Provide for any inspections and investigations that may be necessary to disclose violation;
3. Receive and provide for the investigation of complaints; and
4. Provide for the institution and prosecution of civil or criminal actions or both.

History of Section. P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-15 ; P.L. 1962, ch. 129, § 1.

21-9-15. Violations reported to attorney general — Notice and hearing on violation.

1. It shall be the duty of the attorney general, to whom the director of health reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
2. Before any violation of this chapter is reported to the attorney general for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her views before the director of health or the director’s designated agent, either orally or in writing, in person, or by attorney, with regard to the contemplated proceeding.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-16. Notice of minor violations — Warnings.

Nothing in this chapter shall be construed as requiring the director of health to report for the institution of proceedings under this chapter minor violations of this chapter, whenever the director of health believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-17. Injunctions authorized.

In addition to the remedies provided in this chapter the director of health is authorized to apply to the superior court for, and the court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter, irrespective of whether or not there exists an adequate remedy at law.

History of Section. P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-16 ; P.L. 1962, ch. 129, § 1.

21-9-18. Embargoed articles — Condemnation and destruction.

1. Whenever the director of health or any of the director’s duly authorized agents finds, or has probable cause to believe, that any frozen dessert or frozen dessert mix is adulterated or misbranded as to be dangerous or fraudulent within the meaning of this chapter, or involved in a violation of this chapter or of the regulations promulgated pursuant to this chapter, he or she shall affix to that article a tag or other appropriate marking, giving notice that the article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It shall be unlawful for any person to remove or dispose of the detained or embargoed article by sale or without permission.
2. When an article detained or embargoed under subsection (a) of this section has been found by an agent to be adulterated or misbranded, he or she shall petition the proper judge of the court in whose jurisdiction the article is detained or embargoed for a libel for condemnation of that article. When the agent has found that an article detained or embargoed is not adulterated or misbranded, he or she shall remove the tag or other marking.
3. If the court finds that a detained or embargoed article is adulterated or misbranded, that article shall, after entry of the decree, be destroyed at the expense of the claimant of the article, under the supervision of the agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimant’s agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may by order direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the director of health. The expense of the supervision shall be paid by the claimant. The article shall be returned to the claimant of the article on representation to the court by the director of health that the article is no longer in violation of this chapter, and that the expenses of supervision have been paid.
4. Whenever the director of health or any of the director’s authorized agents shall find in any room, building, vehicle of transportation, or other structure any frozen dessert or frozen dessert mix which contains any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or unsafe, it being declared to be a nuisance, the director of health or the director’s authorized agent shall immediately condemn or destroy it, or in any other manner render it unsalable as human food.

History of Section. P.L. 1953, ch. 3176, § 7; G.L. 1956, § 21-9-16 ; P.L. 1962, ch. 129, § 1.

21-9-19. Inspection of establishments.

1. The director of health or any of the director’s duly authorized agents shall have free access at all reasonable hours to any frozen dessert plant in which frozen desserts and/or frozen dessert mixes are manufactured or held for introduction into commerce, or to enter any vehicle being used to manufacture, transport, or hold frozen desserts and/or frozen dessert mixes in commerce, for the purpose:
   1. Of inspecting the frozen dessert plant or vehicle to determine if any of the provisions of this chapter are being violated, and
   2. To secure samples or specimens of any frozen dessert and/or frozen dessert mix after paying or offering to pay for the sample. It shall be the duty of the director of health to make or cause to be made examination of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.
2. The director of health or any of the director’s duly authorized agents shall make the inspections and secure the samples or specimens at least once during each license year.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-20. Publication of court orders, judgments, and decrees — Dissemination of information.

1. The director of health may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition of it.
2. The director of health may also cause to be disseminated information regarding frozen desserts and/or frozen dessert mixes that the director of health deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director of health from collection, reporting, and illustrating the results of the director’s investigations.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-21. Persons exempt from licensing requirements.

The provisions of §§ 21-9-2 and 21-9-12(1)(i) restricting the sale, possession, or control of any frozen dessert or frozen dessert mix to licensed persons shall not apply to the transfer of a frozen dessert or milk shake by a retailer to a purchaser, or to common carriers or to warehouse operators while engaged in lawfully transporting or storing the frozen desserts and/or frozen dessert mixes, or to any employee of any of those persons acting within the scope of his or her employment.

History of Section. P.L. 1962, ch. 129, § 1.

21-9-22. Violations of chapter — Penalty.

Any person that violates any of the provisions of this chapter, or of the regulations promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or employee, who directs or knowingly permits a violation or who aids or assists a violation, shall upon conviction be subject to a fine of not less than five hundred dollars ($500) or to imprisonment for not more than one year, or to both the fine and imprisonment.

History of Section. P.L. 1953, ch. 3176, § 8; G.L. 1956, § 21-9-17 ; P.L. 1962, ch. 129, § 1.

21-9-23. Severability.

If any provision of this chapter is declared unconstitutional or the applicability of any provision to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability of it to other persons and circumstances shall not be affected by that invalidity.

History of Section. P.L. 1962, ch. 129, § 1.

21-10-1 — 21-10-8. Repealed.

21-11-1. “Animals” defined.

For the purposes of this chapter, “animal” is construed to mean any cattle, swine, sheep, goat, or equine.

History of Section. G.L. 1938, ch. 264, § 1; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-1 ; P.L. 1970, ch. 141, § 1.

21-11-2. Sale of meat not handled in compliance with provisions.

It shall be unlawful for any person, firm, association, or corporation to handle, sell, or possess with intent to sell within this state the carcass of any animal or part of the carcass, any meat, meat product, or meat food product capable of use as human food which has not been slaughtered, canned, cured, smoked, salted, packed, rendered, handled, or processed in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter.

History of Section. P.L. 1935, ch. 2265, § 1; G.L. 1938, ch. 264, § 1; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-2 ; P.L. 1970, ch. 141, § 2.

21-11-3. License required for processing and packing houses.

No person, firm, association, or corporation shall operate within this state any establishment for the purpose of slaughtering any animal for human consumption, or for canning, curing, smoking, salting, packing, rendering, or handling the carcass of any animal or part of the carcass, or for the manufacturing of any meat product or meat food product, until that person, firm, association, or corporation shall have obtained a license from the department of health. This section shall not apply to a retail market offering for sale only those primal parts commonly known in the trade as sides, quarters, shoulders, hams, backs, bellies, tongues, livers, or similar parts, or meat, meat products, or meat food products, which have been obtained from the establishment of a person, firm, association, or corporation licensed in accordance with provisions of this section, nor to any retail market where meat processing consists solely of grinding meat for sale on the premises.

History of Section. G.L. 1938, ch. 264, § 2; P.L. 1943, ch. 1306, § 1; P.L. 1944, ch. 1469, § 1; G.L. 1956, § 21-11-3 ; P.L. 1970, ch. 141, § 3; P.L. 2002, ch. 292, § 47.

21-11-4. Issuance and term of licenses — Suspension or revocation.

The director of health shall, upon receipt of application for a license to operate an establishment for any or all of the purposes mentioned in § 21-11-3 , cause that establishment to be inspected and, if it is found to conform to the provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue a license upon receipt of a fee as set forth in § 23-1-54 ; provided, that the license fee shall be at a reduced rate, as also set forth in § 23-1-54 , for any one establishment where: (1) the meat is sold only at retail, (2) no slaughtering is performed, and (3) no more than one of the activities described in § 21-11-3 for which a license is required is performed. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this section may be suspended or revoked for failure to comply with the provisions of this chapter or the regulations adopted in accordance with this chapter.

History of Section. P.L. 1935, ch. 2265, § 4; G.L. 1938, ch. 264, § 4; P.L. 1939, ch. 716, § 1; G.L. 1938, ch. 264, § 2; P.L. 1943, ch. 1306, § 1; P.L. 1944, ch. 1469, § 1; G.L. 1956, § 21-11-4 ; P.L. 1960, ch. 76, § 20; P.L. 1961, ch. 31, § 1; P.L. 1993, ch. 94, § 1; P.L. 2001, ch. 77, art. 15, § 3; P.L. 2007, ch. 73, art. 39, § 38; P.L. 2012, ch. 241, art. 9, § 31.

21-11-5. Regulations concerning processing and packing plants.

The director of health may adopt regulations governing the plant, equipment, operation, and maintenance of establishments defined in § 21-11-3 , the methods and materials used, the source and quality of water, sewage and waste disposal, the approval or condemnation and disposal of any carcass or part of a carcass, meat, meat products, and meat food product, insofar as they relate to the health and protection of the public and any matters which relate to the health and protection of the public. These regulations may prescribe the manner in which inspection will be performed and the periods during which licensees may operate.

History of Section. P.L. 1935, ch. 2265, § 3; G.L. 1938, ch. 264, § 3; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-5 ; P.L. 1970, ch. 141, § 4.

21-11-6. Stamping of meat — Sale of unstamped meat prohibited.

The director of health shall cause to be prepared a suitable stamp for impression upon the carcass of any animal or part of the carcass or any meat, meat product, or meat food product which has been examined and found to be sound, healthful, wholesome, and fit for human consumption. The carcass of any animal or part of the carcass or any meat, meat product, or meat food product not impressed in this manner shall be unsalable as food, and if exposed or offered for sale shall be confiscated.

History of Section. P.L. 1935, ch. 2265, §§ 5, 6; G.L. 1938, ch. 264, §§ 4-6; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-6 .

21-11-6.1. Watering of meat.

It shall be unlawful for any person, firm, association, or corporation to sell or possess with intent to sell within this state any meat the moisture content of which exceeds the maximum permitted under federal rules or regulations for meat shipped in interstate commerce.

History of Section. P.L. 1968, ch. 5, § 1.

21-11-7. Processing for private use.

The provisions of this chapter shall not apply to slaughtering of animals, or the canning, curing, smoking, packing, or rendering of the carcass of any animal or part of the carcass, where the animal is slaughtered by the owner of the animal and where the meat, meat product, or meat food product obtained from the animal is used for the private use of the owner of the animal slaughtered, or of the owner’s immediate family.

History of Section. G.L. 1938, ch. 264, § 5; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-7 ; P.L. 1972, ch. 279, § 1.

21-11-8. Federally inspected meat exempt.

Nothing in this chapter shall be construed to prevent the sale or possession of the carcass of any animal or part of the carcass or any meat, meat product, or meat food product which has been inspected and passed by the agricultural research service of the United States Department of Agriculture.

History of Section. G.L. 1938, ch. 264, § 1; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-8 .

21-11-9. Penalties for violations.

Any person, firm, association, or corporation violating any of the provisions of this chapter or the regulations authorized by this chapter shall be punished:

1. By a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense;
2. By a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and
3. By a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) or by both the fine and imprisonment for a third or subsequent offense.

History of Section. P.L. 1935, ch. 2265, § 9; G.L. 1938, ch. 264, § 9; G.L. 1938, ch. 264, § 6; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-9 .

21-11-10. Enforcement — Prosecution of violations.

It shall be the duty of the director of health or the director’s duly appointed agents to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of it. In all prosecutions the director, or his or her duly appointed agents, shall not be required to enter into any recognizance or to give surety for costs.

History of Section. G.L. 1938, ch. 264, § 7; P.L. 1943, ch. 1306, § 1; G.L. 1956, § 21-11-10 .

21-11-11 — 21-11-13. Repealed.

21-11-14. Repealed.

21-12-1 — 21-12-12. Repealed.

21-13-1. Definitions.

For the purpose of this chapter, the following words have the meanings ascribed to them in this section:

1. “Director” means the director of health or his or her duly authorized agent.
2. “Person” means the state, any municipality, political subdivision, institution, public or private corporation, individual partnership, or other entity.

History of Section. P.L. 1956, ch. 3804, § 1; G.L. 1956, § 21-13-1 ; P.L. 1963, ch. 74, § 1.

21-13-2. Registration of persons engaged in slaughtering and evisceration.

All persons engaged in slaughtering and/or eviscerating of poultry for human consumption shall register annually with the director of the department of health during the month of January. Registrations issued will expire on December 31 and must be renewed annually.

History of Section. P.L. 1956, ch. 3804, § 3; G.L. 1956, § 21-13-2 ; P.L. 1963, ch. 74, § 1.

21-13-3. Premises for slaughtering or evisceration.

All poultry prepared for human consumption in Rhode Island shall be slaughtered and/or eviscerated on premises approved by the director of health.

History of Section. P.L. 1956, ch. 3804, § 2; G.L. 1956, § 21-13-3 ; P.L. 1963, ch. 74, § 1.

21-13-4. Regulations.

1. The director of health is authorized to adopt regulations relating to the premises, facilities, materials used, and procedures followed at places where poultry for human consumption is slaughtered, eviscerated, or processed or where poultry products for human consumption are prepared, insofar as the regulations relate to the health and protection of the public.
2. The director, for the health and protection of the public, is authorized to make ante-mortem inspections of poultry and to quarantine, or segregate, or re-inspect poultry or poultry products at any places where poultry is slaughtered, eviscerated, or processed or poultry products are prepared. The director, for the health and protection of the public, is authorized to condemn and render inedible diseased or unwholesome poultry or poultry products and to retain poultry or poultry products pending their further examination. The director is authorized to adopt regulations dealing with the identification of poultry and the marketing and labeling of poultry products or their containers, essential to the proper administration of this chapter.

History of Section. P.L. 1956, ch. 3804, § 4; G.L. 1956, § 21-13-4 ; P.L. 1963, ch. 74, § 1; P.L. 1970, ch. 220, § 1.

21-13-5. Hearing on regulations.

Before establishing the regulations as provided for in § 21-13-4 , the director shall hold a public hearing, notice of which shall be given in a newspaper of statewide circulation.

History of Section. P.L. 1956, ch. 3804, § 5; G.L. 1956, § 21-13-5 .

21-13-6. Inspection powers.

The director of health or any of the director’s subordinates may enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the slaughtering, eviscerating, and processing of poultry or poultry products to be used for human consumption.

History of Section. P.L. 1956, ch. 3804, § 7; G.L. 1956, § 21-13-6 ; P.L. 1970, ch. 220, § 2.

21-13-6.1. Watering of poultry.

It shall be unlawful for any person, firm, association, or corporation to sell or possess with intent to sell within this state any poultry or poultry product the moisture content of which exceeds the maximum permitted under federal rules or regulations of poultry or poultry products shipped in interstate commerce.

History of Section. P.L. 1968, ch. 5, § 2.

21-13-7. Penalties for violations.

Any person, firm, or corporation, which, by itself or its agents or employees, violates any provision of this chapter or any regulation made pursuant to this chapter shall be fined not more than one hundred dollars ($100) or less than twenty-five dollars ($25.00) for the first offense and not more than two hundred dollars ($200) or less than fifty dollars ($50.00) for each subsequent offense. The superior court shall have jurisdiction in equity to enforce the provisions of this chapter and the regulations adopted pursuant to this chapter.

History of Section. P.L. 1956, ch. 3804, § 9; G.L. 1956, § 21-13-7 ; P.L. 1970, ch. 220, § 3.

21-13-8. Revocation or refusal of registration.

Upon determination that any person having a registration issued under this chapter, or who has applied for a registration, has violated or failed to comply with any of the provisions of this chapter, or any of the rules or regulations promulgated pursuant to this chapter, the director may, after due notice to the registrant, and after affording the registrant an opportunity to be heard, revoke the registration or refuse to issue a registration to an applicant.

History of Section. P.L. 1956, ch. 3804, § 3; G.L. 1956, § 21-13-8 .

21-13-9. Scope of application.

The provisions of this chapter shall apply to every person, firm, partnership, or corporation engaged in slaughtering or eviscerating poultry, or in the preparation of poultry products for human consumption.

History of Section. P.L. 1956, ch. 3804, § 8; G.L. 1956, § 21-13-9 ; P.L. 1970, ch. 220, § 4.

21-13-10. Responsibility for chapter.

The director of health shall carry out the provisions of this chapter.

History of Section. P.L. 1956, ch. 3804, § 6; G.L. 1956, § 21-13-10 ; P.L. 1963, ch. 74, § 1.

21-14-1. Definitions.

Unless otherwise specifically provided, the following definitions apply to this chapter:

1. “Approved” means approved by the director.
2. “Department” means the department of health.
3. “Director” means the director of health or the director’s duly appointed agents.
4. “Person” means any individual, firm, partnership, association, or private or municipal corporation.
5. “Polluted area” means and includes any shellfish grounds underlying waters which have been examined and found to be unfit for the production of shellfish for human consumption.
6. “Processing” means and includes cleansing, mixing, opening, or packing shellfish which are to be offered for sale or sold.
7. “Shellfish” means and includes oysters, mussels, and all varieties of clams.
8. “Shellfish business” means and includes one of the following: processing, labeling, storing except in commercial warehouses, or transporting except by common carrier shellfish which are to be offered for sale or sold.
9. “Shellfish grounds” means and includes all lands underlying waters within the rise and fall of the tide and the marine limits of the jurisdiction of the state.
10. “Taking” means and includes gathering, digging, raking, tonging, or dredging of shellfish.

History of Section. G.L. 1938, ch. 234, § 1; P.L. 1948, ch. 2039, § 2; G.L. 1956, § 21-14-1 ; P.L. 1980, ch. 263, § 3.

21-14-2. License for shellfish business.

No person shall conduct within this state any shellfish business until that person shall have obtained a license from the department. The director shall, upon receipt of application for a license to conduct a shellfish business, cause the applicant’s shellfish business facilities to be investigated and, if they are found to comply with the provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue a license upon receipt of a fee for a shipper/reshipper or for a shucker packer/repacker as set forth in § 23-1-54 . Any license issued shall apply only to those phases of the shellfish business that appear on the license and are defined by the director in regulations he or she shall adopt in regard to licensing. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, unless sooner suspended or revoked for cause, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Licenses issued pursuant to this section may be suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance with this chapter. The director may, after a hearing, refuse to issue any shellfish business license to any person who has been convicted of any violation of this chapter.

History of Section. G.L. 1938, ch. 234, § 2; P.L. 1948; ch. 2039, § 2; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-2 ; P.L. 1978, ch. 69, § 1; P.L. 1980, ch. 263, § 3; P.L. 1990, ch. 65, art. 53, § 1; P.L. 1993, ch. 94. § 1; P.L. 2001, ch. 77, art. 15, § 4; P.L. 2007, ch. 73, art. 39, § 39; P.L. 2012, ch. 241, art. 9, § 32.

21-14-3. Sanitary regulations.

The director shall adopt any regulations regarding sanitation as he or she shall deem necessary with reference to the conduct of a shellfish business. The director shall also adopt any regulations as he or she deems necessary to assure the sanitary quality of shellfish brought into this state for sale in this state.

History of Section. G.L. 1909, ch. 206, § 10; P.L. 1910, ch. 577, § 1; G.L. 1923, ch. 233, § 5; G.L. 1938, ch. 234, § 5; G.L. 1938, ch. 234, § 3; P.L. 1948, ch. 2039, § 2; G.L. 1956, § 21-14-3 .

21-14-4 — 21-14-8. Repealed.

21-14-9. Sale of noncomplying shellfish prohibited — Confiscation — Search warrants.

No person shall sell or possess with intent to sell within this state for human consumption any shellfish which have not been taken, processed, labeled, transported, or sold in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter. Any shellfish which the director shall have reasonable cause to believe have been taken from polluted areas or which have not been taken, processed, labeled, transported, or sold in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter shall be confiscated. Search warrants may be issued by any district court upon complaint of the director or the director’s duly authorized agents relating to violations of this chapter.

History of Section. G.L. 1938, ch. 234, § 5; P.L. 1948, ch. 2039, § 2; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-9 .

21-14-10. Markets exempt from chapter.

The provisions of this chapter shall not apply to wholesale or retail markets offering for sale only shellfish which have been obtained from persons licensed to operate shellfish establishments.

History of Section. G.L. 1909, ch. 206, § 8; P.L. 1910, ch. 577, § 1; G.L. 1923, ch. 233, § 3; G.L. 1938, ch. 234, § 3; G.L. 1938, ch. 234, § 6; P.L. 1948, ch. 2039, § 2; G.L. 1956, § 21-14-10 .

21-14-11. Enforcement — Prosecution of violations.

It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of them. In all prosecutions pursuant to this section the director shall not be required to enter into any recognizance nor to give surety for costs.

History of Section. P.L. 1905, ch. 1222, § 5; G.L. 1909, ch. 206, § 5; G.L. 1909, ch. 206, § 14; P.L. 1910, ch. 577, § 1; G.L. 1923, ch. 233, § 9; G.L. 1938, ch. 234, § 9; G.L., ch. 234, § 7; P.L. 1948, ch. 2039, § 2; G.L. 1956, § 21-14-11 .

21-14-12. Inspection of business premises — Dockside program established.

1. The director shall make regular inspections of the business premises of licensees and no person shall interfere with or obstruct the entrance of the director to any packing house or structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary conditions during reasonable business hours, and no person shall obstruct the conduct of this inspection; provided, that inspections as to sanitary conditions shall be made only by the director or employees of the department. These employees of the department shall not be construed to include agents whom the director may appoint in other departments for the purpose of enforcing other provisions of this chapter; and provided, that nothing in this section shall be construed as having granted to the director or any duly authorized official of the department the right of search and seizure without a warrant.
2. The director shall be authorized to establish a dockside program, including the promulgation of any rules and regulations deemed necessary or advisable in connection therewith, pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model Ordinance. Promulgating rules and regulations pursuant to the NSSP Model Ordinance shall assure that the marine shellfish processers, licensed by the department to land and process surf clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary fashion that comports with national standards. The rules and regulations shall also be consistent with the landing permit requirements of the department of environmental management in § 20-2.1-7 . The dockside program shall not apply to aquaculture processers.
3. The licensing fees from the dockside program shall be deposited into the general fund. However, the amount of the revenues collected for the dockside program shall be appropriated to the department of health for its administration of this program. The director shall have the authority to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

History of Section. G.L. 1938, ch. 234, § 8; P.L. 1948, ch. 2039, § 2; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-12 ; P.L. 2021, ch. 162, art. 7, § 9, effective July 6, 2021.

21-14-13. Appointment of enforcement agents.

The director may appoint as his or her agents any subordinate officers and employees in the department that may to him or her seem desirable and may assign to these agents the functions vested in the department for the preservation and enforcement of sanitary regulations in and around shellfish packing houses.

History of Section. G.L. 1938, ch. 234, § 9; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-13 ; impl. am. P.L. 1965, ch. 137, § 1; P.L. 1980, ch. 263, § 3.

21-14-14. Powers of enforcement agents.

All agents appointed pursuant to § 21-14-13 , by virtue of their appointment and until these appointments shall be cancelled and revoked, may seize all shellfish in possession of any person violating the provisions of this chapter, and may make complaints for the violations, and in any complaint they shall not be required at the time of complaint or after this to enter into recognizance or in any way to become liable for the costs that may accrue on the complaint.

History of Section. G.L. 1938, ch. 234, § 9; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-14 ; P.L. 1964, ch. 61, § 1; P.L. 1980, ch. 263, § 3.

21-14-15. Penalties for violations.

Persons convicted of violating any of the provisions of this chapter or the regulations adopted in accordance with this chapter shall be punished:

1. By a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense;
2. By a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and
3. By a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) for a third or subsequent offense.

History of Section. P.L. 1905, ch. 1222, § 2; G.L. 1909, ch. 206, § 2; G.L. 1909, ch. 106, § 13; P.L. 1910, ch. 577, § 1; G.L. 1923, ch. 233, § 8; G. L. 1938, ch. 234, § 8; G.L. 1938, ch. 234, § 9; P.L. 1948, ch. 2039, § 2; G.L. 1938, ch. 234, § 10; P.L. 1953, ch. 3149, § 1; G.L. 1956, § 21-14-15 ; P.L. 1964, ch. 61, § 2; P.L. 1980, ch. 263, § 3.

21-15-1. Duties of packers.

In every city or town in which pickled fish are packed for sale or exportation from the state, the packers of every city or town shall see that the fish have been properly pickled and that they are properly repackaged in casks, in good shipping order, with good salt sufficient in each cask to preserve the fish from damage in transportation to any foreign port.

History of Section. G.L. 1896, ch. 134, § 1; G.L. 1909, ch. 160, § 1; G.L. 1923, ch. 190, § 1; G.L. 1938, ch. 380, § 1; G.L. 1956, § 21-15-1 .

21-15-2. Packer’s bond.

Every packer shall give bond to the city or town treasurer of the city or town in which the packer shall be appointed, in the sum of one thousand dollars ($1,000), with sufficient surety or sureties to the satisfaction of the city or town treasurer, for the faithful performance of the duties of his or her office.

History of Section. G.L. 1896, ch. 134, § 2; G.L. 1909, ch. 160, § 2; G.L. 1923, ch. 190, § 2; G.L. 1938, ch. 380, § 2; G.L. 1956, § 21-15-2 .

21-15-3. One kind of fish in cask.

Pickled fish, whether codfish, mackerel, menhaden, herrings, or other fish, shall be sorted and one kind only be put into the same cask.

History of Section. G.L. 1896, ch. 134, § 3; G.L. 1909, ch. 160, § 3; G.L. 1923, ch. 190, § 3; G.L. 1938, ch. 380, § 3; G.L. 1956, § 21-15-3 .

21-15-4. Construction, size, and packing of casks.

Every cask shall be well seasoned and bound with twelve (12) hoops. Casks for menhaden and herrings shall be of the capacity to hold twenty-eight gallons (28 gals.), and those for other fish of the capacity, if a barrel, to hold two hundred pounds (200 lbs.), and if a half barrel, one hundred pounds (100 lbs.) weight of fish. Each cask shall be full and the fish shall be sound and well cured.

History of Section. G.L. 1896, ch. 134, § 4; G.L. 1909, ch. 160, § 4; G.L. 1923, ch. 190, § 4; G.L. 1938, ch. 380, § 4; G.L. 1956, § 21-15-4 .

21-15-5. Inspection and branding of casks.

Every cask before being packed or repacked for exportation shall first be searched, examined, and approved by a packer; and shall, when packed or repacked for exportation, be branded legibly on one head with the kind of fish it contains and the weight of the fish or the capacity of the cask with the first letter of the first name and the whole of the surname of the packer, the name of the town, and the words Rhode Island, in letters not less than three-fourths of an inch (3/4") long, to denote that the cask is merchantable and in good order for exportation.

History of Section. G.L. 1896, ch. 134, § 5; G.L. 1909, ch. 160, § 5; G.L. 1923, ch. 190, § 5; G.L. 1938, ch. 380, § 5; G.L. 1956, § 21-15-5 .

21-15-6. Branding of codfish casks as to quality.

Every cask of pickled codfish offered for sale or for exportation from the state shall also be branded “No. 1,” or “No. 2,” or “No. 3,” to denote the quality of the fish.

History of Section. G.L. 1896, ch. 134, § 6; G.L. 1909, ch. 160, § 6; G.L. 1923, ch. 190, § 6; G.L. 1938, ch. 380, § 6; G.L. 1956, § 21-15-6 .

21-15-7. Grading of mackerel — Bloaters.

There shall be five (5) qualities of mackerel. Mackerel of the best quality, not mutilated, measuring not less than fourteen inches (14") from the extremity of the head to the notch or fork of the tail, free from rust, taint, or damage, and that shall count not more than one hundred fifty (150) fish to the barrel, shall be branded on the barrel or covering containing them “Bloaters.”

History of Section. G.L. 1896, ch. 134, § 7; G.L. 1909, ch. 160, § 7; G.L. 1923, ch. 190, § 7; G.L. 1938, ch. 380, § 7; G.L. 1956, § 21-15-7 .

21-15-8. Number one mackerel.

Mackerel of the best quality, not mutilated, being not less than thirteen inches (13"), measured as provided in § 21-15-7 , free from rust, taint, or damage, that shall count not more than two hundred (200) fish to the barrel, shall be branded “Number one.”

History of Section. G.L. 1896, ch. 134, § 8; G.L. 1909, ch. 160, § 8; G.L. 1923, ch. 190, § 8; G.L. 1938, ch. 380, § 8; G.L. 1956, § 21-15-8 .

21-15-9. Number two mackerel.

Mackerel being not less than eleven inches (11"), measured as provided in § 21-15-7 , free from rust, taint, or damage, and that shall count not more than three hundred fifty (350) fish to the barrel, shall be branded “Number two.”

History of Section. G.L. 1896, ch. 134, § 9; G.L. 1909, ch. 160, § 9; G.L. 1923, ch. 190, § 9; G.L. 1938, ch. 380, § 9; G.L. 1956, § 21-15-9 .

21-15-10. Number three mackerel.

Mackerel of the next inferior quality, free from taint or damage, not less than ten inches (10"), measured as provided in § 21-15-7 , that shall not count more than five hundred (500) fish to the barrel, shall be branded “Number three.”

History of Section. G.L. 1896, ch. 134, § 10; G.L. 1909, ch. 160, § 10; G.L. 1923, ch. 190, § 10; G.L. 1938, ch. 380, § 10; G.L. 1956, § 21-15-10 .

21-15-11. Number four mackerel.

All other mackerel, free from taint or damage, shall be branded “Number four.”

History of Section. G.L. 1896, ch. 134, § 11; G.L. 1909, ch. 160, § 11; G.L. 1923, ch. 190, § 11; G.L. 1938, ch. 380, § 11; G.L. 1956, § 21-15-11 .

21-15-12. Stamping as to quality of mackerel.

No person or persons shall sell or offer for sale any mackerel without having stamped, upon the barrel or covering containing the barrel, in a plain and legible manner the quality of the fish as classified in §§ 21-15-7 — 21-15-11 .

History of Section. G.L. 1896, ch. 134, § 12; G.L. 1909, ch. 160, § 12; G.L. 1923, ch. 190, § 12; G.L. 1938, ch. 380, § 12; G.L. 1956, § 21-15-12 .

21-15-13. Sales and shipments by fishermen unaffected.

Nothing in this chapter shall be construed as to prevent any fishermen or owners of fish, coming to this state from their fishing trips, from selling or reshipping their fish to any other of the United States without being packed into barrels or half barrels.

History of Section. G.L. 1896, ch. 134, § 13; G.L. 1909, ch. 160, § 13; G.L. 1923, ch. 190, § 13; G.L. 1938, ch. 380, § 13; G.L. 1956, § 21-15-13 .

21-15-14. Sale or export of pickled fish not approved and branded.

Every person who shall offer for sale in or attempt to export from the state any pickled fish which have not been approved by a sworn packer, or in casks which are not branded as required in this chapter, shall be fined fifty dollars ($50.00) for each offense.

History of Section. G.L. 1896, ch. 134, § 14; G.L. 1909, ch. 160, § 14; G.L. 1923, ch. 190, § 14; G.L. 1938, ch. 380, § 14; G.L. 1956, § 21-15-14 .

21-15-15. Transfer of fish from branded casks — Misbranding.

Every person who shall shift any fish from any cask after the cask has been branded by the packer, and shall offer to sell or export the fish from this state, or shall brand any cask into which the fish shall be shifted, or shall brand any cask with the branding iron of a packer or with any iron made in imitation of it, shall be fined not less than thirty dollars ($30.00) nor more than one hundred sixty dollars ($160) for each offense.

History of Section. G.L. 1896, ch. 134, § 15; G.L. 1909, ch. 160, § 15; G.L. 1923, ch. 190, § 15; G.L. 1938, ch. 380, § 15; G.L. 1956, § 21-15-15 .

21-15-16. Fraud or neglect by packers.

Every packer who shall be guilty of any fraud or neglect in packing any fish contrary to this chapter, or shall brand any cask not thoroughly examined according to the provisions of this chapter, shall be fined fifty dollars ($50.00) for each offense.

History of Section. G.L. 1896, ch. 134, § 16; G.L. 1909, ch. 160, § 16; G.L. 1923, ch. 190, § 16; G.L. 1938, ch. 380, § 16; G.L. 1956, § 21-15-16 .

21-15-17. Packers’ fees.

The packers of fish shall be paid for opening, assorting, inspecting, weighing, pickling, packing, or repacking, heading up, nailing, and giving a certificate, if pickled codfish or mackerel, twenty cents ($0.20) for every barrel and fifteen cents ($0.15) for every half barrel by the owner of the fish; provided, that for all pickled codfish or mackerel which have been inspected in one of the United States and which shall not in the judgment of the packer require repacking, the owner shall only pay to the packer twenty cents ($0.20) for unheading, inspecting, reheading, branding, nailing, and giving a certificate of the work, and for all other, except codfish and mackerel, the owner of the fish shall pay the packer twenty-five cents ($0.25) for every cask.

History of Section. G.L. 1896, ch. 134, § 17; G.L. 1909, ch. 160, § 17; G.L. 1923, ch. 190, § 17; G.L. 1938, ch. 380, § 17; G.L. 1956, § 21-15-17 .

21-16-1. Violations or deception as to religious dietary laws by dealers in meats.

A person, firm, or corporation shall be guilty of a misdemeanor:

1. Who shall knowingly sell or expose for sale any meat or meat preparation, either raw or prepared for human consumption, and falsely represent it to be kosher or as having been prepared under the supervision of a rabbi or as a product or products sanctioned by the traditional or orthodox Hebrew religious requirements and dietary laws;
2. Who shall falsely represent any food product or the contents of any package or container to be constituted and prepared, by having or permitting to be inscribed on it the word “kosher” in any language;
3. Who shall sell or expose for sale in the same place of business both kosher and non-kosher meat or meat preparation, either raw or prepared for human consumption, who fails to indicate on the window signs and all display advertising, in block letters at least four inches (4") in height, “kosher and non-kosher meat sold here”;
4. Who shall expose for sale in any show window or place of business both kosher and non-kosher meat or meat preparation, either raw or prepared for human consumption, who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least four inches (4") in height reading “kosher meat” or “non-kosher meat,” as the case may be;
5. Who shall, while dealing or purporting to deal in kosher meat or meat preparations, prepare or handle or sell, or cause to be prepared or handled or sold, any food product which, when prepared or handled or sold together with kosher meat or meat preparation, constitutes a violation of the traditional or orthodox Hebrew religious requirements and dietary laws, and by which renders the kosher meat or meat preparation non-kosher;
6. Who shall in the preparation, handling, or sale of kosher meat or meat preparation fail to comply strictly with the religious requirements and dietary laws necessary to constitute the meat or meat preparation genuinely kosher;
7. Who shall, without complying with Hebrew religious or dietary laws, issue or maintain any sign or advertisement in any language purporting to represent that he or she sells or deals in kosher meat or meat preparations; or
8. Who shall display on his or her window, door, or in his or her place of business, words or letters in the Hebrew language, or any sign, emblem, insignia, symbol, or mark in simulation of Hebrew words or letters, the display of which might reasonably be calculated to deceive or lead a person to believe that a representation, express or implied, is being made that the meat or meat preparation exposed for sale is kosher and in conformity with the traditional or orthodox Hebrew religious requirements.

History of Section. P.L. 1937, 2497, 2496, § 1; G.L. 1938, ch. 613, § 1; G.L. 1956, § 21-16-1 ; P.L. 1989, ch. 542, § 38; P.L. 2002, ch. 292, § 48.

21-16-2. Violations and deception by restaurants.

A person, firm, or corporation who shall knowingly sell or expose for sale in any restaurant or other place where food products are sold for consumption on the premises any article of food or food preparation falsely represented as kosher or as having been prepared in accordance with the orthodox or traditional Hebrew religious requirements, either by direct statements, orally or in writing, or by display of the word “kosher” in English or Hebrew letters, or by the display of any sign or mark in simulation of that word, or by the display of any insignia, six-pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food sold is kosher or prepared in accordance with the traditional or orthodox Hebrew religious requirements, or who shall sell or expose for sale in a restaurant or other place both kosher and non-kosher food or food preparation, or who shall prepare, handle, combine, or serve kosher foods in a manner not sanctioned by the traditional or orthodox Hebrew religious requirements, who fails to display on his window signs and all display advertising in block letters at least four inches (4") in height ”kosher and non-kosher food served here” shall be guilty of a misdemeanor.

History of Section. P.L. 1937, ch. 2497, § 2; G.L. 1938, ch. 613, § 2; G.L. 1956, § 21-16-2 .

21-16-3. False labeling as to fitness for Passover.

A person, firm, or corporation who shall stamp or label or cause to be stamped or labeled any can, jar, package, or other container of food or food preparation, falsely representing these to be kosher for Passover use or as having been prepared for Passover use under the supervision or sanction of any accredited rabbi of the traditional or orthodox Hebrew religion, by having or permitting to be inscribed on them the words “kosher for Passover” in any language or any sign or mark in simulation of those words in any language or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that the contents are represented as kosher for Passover use or as prepared under the supervision or sanction of an accredited rabbi of the traditional or orthodox Hebrew religion, and a person, firm, or corporation who shall knowingly sell or expose for sale any falsely stamped or labeled can, jar, package, or other container shall be guilty of a misdemeanor.

History of Section. P.L. 1937, ch. 2497, § 3; G.L. 1938, ch. 613, § 3; G.L. 1956, § 21-16-3 .

21-16-4. Penalties — Prosecution of violations.

A person, firm, or corporation convicted of violating any of the provisions of this chapter shall, for the first offense, be punished by a fine in the sum of not less than ten dollars ($10.00) and not more than three hundred dollars ($300) and for the second and each subsequent offense by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by imprisonment not exceeding one year, or by other fine and imprisonment, in the discretion of the court. It shall be the duty of every board of health and the health department of any city or town and the department of health of the state whenever cognizant of any violation of this chapter to prosecute any person, firm, or corporation which it has reason to believe has violated any of the provisions of this chapter, and after deducting the costs of trial and conviction, to retain for the use of the board or department the balance of the fine or fines recovered.

History of Section. P.L. 1937, ch. 2497, § 4; P.L. 1938, ch. 2612, § 1; G.L. 1938, ch. 613, § 4; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-16-4 .

21-17-1. Shell eggs — Labeling as to grade and size.

All shell eggs sold or offered for sale in this state for human consumption shall be labeled with the grade and size designation as set forth in the Rhode Island consumer grades.

History of Section. G.L. 1938, ch. 211, § 1; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-1 .

21-17-2. Consumer grades — Regulations.

The Rhode Island consumer grades for shell eggs shall be designated AA-A-B-C. The standards for quality of individual eggs shall be established by the director of environmental management under the provisions of § 21-20-5 and shall apply to all shell eggs sold or offered for sale. The means used in determining these grades and standards shall be specified by regulation issued by the director of environmental management.

History of Section. G.L. 1938, ch. 211, § 2; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-2 ; impl. am. P.L. 1965, ch. 137, § 1; P.L. 1977, ch. 171, § 1.

21-17-3. Establishment of size and weight classes.

The size and weight classes for all shell eggs sold or offered for sale in Rhode Island shall be established by the director of environmental management under the provisions of § 21-20-5 .

History of Section. G.L. 1938, ch. 211, § 3; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-3 ; impl. am. P.L. 1965, ch. 137, § 1.

21-17-4. Hearings on quality, weight, and size requirements.

Before establishing or changing the standards of quality, weight, and size requirements for Rhode Island consumer grades for shell eggs, the director shall hold a public hearing, notice of which shall be given in a newspaper of statewide circulation. The specifications for consumer grades and weight classes and the standards for quality of individual eggs shall be those promulgated by the U.S. Department of Agriculture as set forth in the regulations governing the grading of shell eggs and the U.S. standards, grades, and weight classes for shell eggs (7 CFR part 56).

History of Section. G.L. 1938, ch. 211, § 9; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-4 ; P.L. 1977, ch. 171, § 1.

21-17-5. Advertising — Containers — Invoices.

All advertising of shell eggs shall include the correct size and grade designation in describing the eggs and the correct size and grade designation shall appear in clearly legible letters on the top or side of the exterior of any container in which the eggs are offered for sale. An invoice stating both the correct size and the correct quality grade designations shall accompany each delivery of eggs to a retailer. The invoice shall also include the name and address of both buyer and seller, date of sale, and shall conform to regulations issued by the director of environmental management.

History of Section. G.L. 1938, ch. 211, § 4; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-5 ; impl. am. P.L. 1965, ch. 137, § 1.

21-17-6. Use of terms importing freshness.

The terms “fresh eggs,” “strictly fresh eggs,” “new-laid eggs,” or words or descriptions of similar import shall not be used in connection with the sale or offering for sale or advertising for sale of eggs in Rhode Island that do not meet the minimum requirements for Rhode Island consumer grade A or better.

History of Section. P.L. 1936, ch. 2354, § 1; G.L. 1938, ch. 211, § 1; G.L. 1938, ch. 211, § 5; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-6 ; P.L. 1977, ch. 171, § 1.

21-17-7. False representations as to grade or size — Sale of inedible eggs.

No person, firm, or corporation shall falsely advertise, falsely label, or falsely represent in any manner the grade or size of eggs sold or offered for sale in Rhode Island. The sale of inedible eggs for human consumption as defined under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., is prohibited. The sale of restricted eggs as defined by the federal Egg Products Inspection Act, 21 U.S.C. § 1031 et seq., is prohibited to retailers.

History of Section. G.L. 1938, ch. 211, § 6; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-7 ; P.L. 1977, ch. 171, § 1.

21-17-8. Exemption of sales by producers.

All eggs intended for sale to a first receiver who normally grades them into proper sizes and grades before reselling them shall be exempt from the provisions of §§ 21-17-1 — 21-17-10 until they are offered for resale.

History of Section. G.L. 1938, ch. 211, § 7; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-8 .

21-17-9. Enforcement — Appropriations.

The director of environmental management shall administer and enforce the provisions of §§ 21-17-1 — 21-17-10 , and shall make suitable regulations to carry out the administration and enforcement. The general assembly shall annually appropriate any sum that it may deem necessary to carry out the purposes of §§ 21-17-1 — 21-17-10 .

History of Section. P.L. 1936, ch. 2354, § 5; G.L. 1938, ch. 211, § 5; G.L. 1938, ch. 211, § 8; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-9 ; impl. am. P.L. 1965, ch. 137, § 1.

21-17-10. Penalties for violations.

Any person, firm, or corporation, which by itself, or its agents or employees, violates any provisions of §§ 21-17-1 — 21-17-10 , or any regulation made pursuant to those sections, or fails to comply with any of the requirements of those sections or knowingly misrepresents the condition, size, or quality of any eggs, shall be fined not more than fifty dollars ($50.00) for the first offense and not more than two hundred dollars ($200) for each subsequent offense. Complaints for the violation of the provisions of §§ 21-17-1 — 21-17-10 may be made by any person, and if made by the director or a duly authorized agent, the director or agent shall be exempt from giving surety for costs on that complaint.

History of Section. P.L. 1936, ch. 2354, § 7; G.L. 1938, ch. 211, § 7; G.L. 1938, ch. 211, § 10; P.L. 1947, ch. 1880, § 1; G.L. 1956, § 21-17-10 ; P.L. 1977, ch. 171, § 1.

21-17-11. “Cold storage eggs” defined.

“Cold storage eggs” as used in this chapter means eggs that have been artificially cooled for thirty (30) days or more at or below a temperature of forty degrees Fahrenheit (40 degrees F.), and no other eggs shall be sold as “cold storage eggs.”

History of Section. P.L. 1915, ch. 1190, § 1; G.L. 1923, ch. 168, § 29; G.L. 1938, ch. 269, § 23; G.L. 1956, § 21-17-11 .

21-17-12. Labeling of cold storage eggs.

Whenever “cold storage eggs” are sold at wholesale or retail, or offered or exposed for sale, the case, package, box, or other container in which the eggs are placed or delivered shall be marked plainly and conspicuously with the words “cold storage eggs,” or there shall be attached to the container a placard or sign having on it those words. If “cold storage eggs” are sold at retail or offered or exposed for sale without a container or placed upon a counter or elsewhere, a sign or placard having the words “cold storage eggs” plainly and conspicuously marked upon it shall be displayed in, upon, or immediately above the eggs; the display of the words “cold storage eggs” as required by this chapter shall be in letters not less than one inch (1") in height and shall be done in the manner that is approved by the department of health.

History of Section. P.L. 1915, ch. 1190, § 2; G.L. 1923, ch. 168, § 30; G.L. 1938, ch. 269, § 24; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-17-12 .

21-17-13. Penalty for violations.

Any person, firm, or corporation violating any of the provisions of § 21-17-12 shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100), for each offense.

History of Section. P.L. 1915, ch. 1190, § 3; G.L. 1923, ch. 168, § 31; G.L. 1938, ch. 269, § 25; G.L. 1956, § 21-17-13 .

21-17-14. Rules and regulations — Enforcement.

The department of health shall have the same duties and powers relative to the making of rules and regulations relative to the enforcement of § 21-17-12 as is or shall be conferred upon it by chapter 1 of this title with reference to other foods.

History of Section. P.L. 1915, ch. 1190, § 4; G.L. 1923, ch. 168, § 32; G.L. 1938, ch. 269, § 26; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-17-14 .

21-17-15. Complaints for violations.

Complaints for the violation of the provisions of § 21-17-12 may be made by any person, and if made by the director or a duly authorized agent of the director of health, the director or agent shall be exempt from giving surety for costs on that complaint.

History of Section. P.L. 1915, ch. 1190, § 5; G.L. 1923, ch. 168, § 33; G.L. 1938, ch. 269, § 27; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-17-15 .

21-18-1. “Closed package” defined.

“Closed package” when used in this chapter means a barrel, box, basket, or other container the contents of which cannot be sufficiently inspected without opening it or removing any kind of cover or lid to expose the surface contents to view.

History of Section. P.L. 1931, ch. 1701, § 4; G.L. 1938, ch. 212, § 4; G.L. 1956, § 21-18-1 .

21-18-2. Marking of closed packages.

Each closed package of apples packed or repacked within the state and intended for sale within or without the state shall be marked or branded at the time of packing, repacking, or closing with a statement of the quantity of the contents, the name and address of the person by whose authority the apples were packed, the true name of the variety, and the minimum size or numerical count of the apples contained in it, in accordance with § 21-18-6 . If the true name of the variety is not known to the packer or other person by whose authority the apples are packed, the statement shall include the words “Variety Unknown.” If apples are repacked, the packages shall be marked “Repacked,” and shall bear the name and address of the person by whose authority it is repacked in place of that of the person by whose authority it was originally packed.

History of Section. P.L. 1931, ch. 1701, § 1; G.L. 1938, ch. 212, § 1; G.L. 1956, § 21-18-2 .

21-18-3. Marking of minimum size.

Unless the package is marked with the numerical count, the minimum size of all apples, as required by § 21-18-2 , shall be marked upon the package, and shall be determined by taking the transverse diameter of the smallest fruit in the package at right angles to the stem and blossom ends. Minimum sizes shall be stated in variations of one-quarter of an inch (1/4"), such as two inches (2"), two and one-quarter inches (21/4") and so forth, in accordance with the facts. Minimum sizes may be designated by figures instead of words. The word “minimum” may be designated by using the abbreviation “min.”

History of Section. P.L. 1931, ch. 1701, § 6; G.L. 1938, ch. 212, § 6; G.L. 1956, § 21-18-3 .

21-18-4. Style of marking.

The branding or marking of barrels, boxes, or baskets under the provisions of this chapter shall be in block letters and figures not less than one-half inch (1/2") in height. The director of environmental management shall prescribe rules and regulations as to the lettering to be used in branding or marking other packages.

History of Section. P.L. 1931, ch. 1701, § 2; G.L. 1938, ch. 212, § 2; G.L. 1956, § 21-18-4 ; impl. am. P.L. 1965, ch. 137, § 1.

21-18-5. Misbranded packages.

For the purposes of this chapter, apples packed in a closed package shall be deemed to be misbranded:

1. If the package fails to bear all statements required by § 21-18-2 .
2. If the package bears any statement, design, or device regarding the article or its contents which shall be false or misleading in any particular, or is falsely branded in any particular.

History of Section. P.L. 1931, ch. 1701, § 3; G.L. 1938, ch. 212, § 3; G.L. 1956, § 21-18-5 .

21-18-6. Standard barrel and bushel.

The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: length of stave, twenty-eight and one-half inches (281/2"); diameter of heads, seventeen and one-eighth inches (171/8"); distance between heads, twenty-six inches (26"); circumference of bulge, sixty-four inches (64"), outside measurements; and the thickness of staves not greater than four-tenths of an inch (4/10"); provided that any barrel of a different form having a capacity of seven thousand fifty-six cubic inches (7,056 cu. in.) shall be a standard barrel. The standard bushel box or standard bushel basket for apples shall be a container having a capacity of not less than one United States standard bushel or two thousand one hundred fifty and forty-two one-hundredths cubic inches (2,150.42 cu. in.). Containers for apples other than the standard barrel or bushel shall be marked in terms of cubical capacity or count.

History of Section. P.L. 1931, ch. 1701, § 5; G.L. 1938, ch. 212, § 5; G.L. 1956, § 21-18-6 .

21-18-7. Prosecution of violations.

When the director of environmental management becomes cognizant of the violation of any provision of this chapter, he or she shall cause notice of the violation together with a copy of the findings to be given to the person or persons concerned. Persons notified shall be given a hearing under rules and regulations prescribed by the director. Notices of the hearing shall specify the date, hour, and place of the hearing. Whenever any prosecution takes place, the state director of environmental management shall not be required to furnish surety for costs, upon any complaint made by him or her.

History of Section. P.L. 1931, ch. 1701, § 7; G.L. 1938, ch. 212, § 7; G.L. 1956, § 21-18-7 ; impl. am. P.L. 1965, ch. 137, § 1.

21-18-8. Penalties for violations.

Whoever himself or herself or by servant or agent misbrands apples within the meaning of this chapter, or packs, sells, distributes, or offers or exposes for sale or distribution apples which are misbranded, or apples in closed or open packages so packed that the faced or shown surface gives a false representation of the contents of the package, or packs, sells, distributes, or offers or exposes for sale or distribution, apples in violation of any provision of this chapter, shall be punished for the first offense by a fine not exceeding twenty-five dollars ($25.00) and for a subsequent offense by a fine not exceeding one hundred dollars ($100), or be imprisoned for a term of three (3) months, or both the fine and imprisonment.

History of Section. P.L. 1931, ch. 1701, § 8; G.L. 1938, ch. 212, § 8; G.L. 1956, § 21-18-8 .

21-19-1. Definitions.

1. “Grade” or “grades” means the standards for potatoes established by the United States Department of Agriculture and promulgated by the director of environmental management as the official grades of potatoes for Rhode Island under the authority of § 21-20-5 .
2. “Person” or “persons” as used in this chapter includes individuals, corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of that person’s employment or office shall also be deemed to be the act, omission, or failure of the corporation, company, society, or association.
3. “Plainly and conspicuously” means that the lettering used to convey information required by law on containers shall be legible enough so as not to be obscured by other markings or illustrations used. Grade terms shall be in block letters three-eighths inch (3/8") or larger in height.

History of Section. P.L. 1950, ch. 2552, § 2; G.L. 1956, § 21-19-1 .

21-19-2. Scope of chapter.

The provisions of this chapter shall apply to all shipments, packages, containers, or displays in which potatoes are packed, distributed, sold, or offered or exposed for sale except as otherwise provided in this chapter.

History of Section. P.L. 1950, ch. 2552, § 1; G.L. 1956, § 21-19-2 .

21-19-3. Grades.

The United States grades for potatoes as promulgated by the United States Department of Agriculture are made the official grades for purposes of this chapter.

History of Section. P.L. 1950, ch. 2552, § 9; G.L. 1956, § 21-19-3 .

21-19-4. Marking of containers and display racks and bins.

Every shipment, package, or container, containing potatoes which are packed, sold, distributed, or offered or exposed for sale or distribution in the state by any person shall be plainly and conspicuously marked with the name and address of the packer, or the person by whose authority the potatoes are packed or distributed, the net weight, and the proper grade of the potatoes contained in it. The party possessing the potatoes at any time shall be deemed responsible for the proper marking of the potatoes. On display racks or bins from which potatoes are sold in retail quantities, the proper grade must be plainly and conspicuously shown, but the provisions as to markings of name and address of the person by whose authority the potatoes were packed shall not apply.

History of Section. P.L. 1950, ch. 2552, § 3; G.L. 1956, § 21-19-4 .

21-19-5. Potatoes exempt from chapter.

All potatoes intended for sale to a processing plant or to a first receiver who normally grades them into proper grades before reselling them shall be exempt from the provisions of this chapter until they are offered for resale. All ungraded potatoes shipped under this provision must be in turned sacks, in plain paper bags, or in bulk. Properly tagged certified seed potatoes are exempted from these provisions.

History of Section. P.L. 1950, ch. 2552, § 4; G.L. 1956, § 21-19-5 .

21-19-6. Advertising.

All radio, newspaper, or display advertising of potatoes must state the grade or grades of potatoes being advertised.

History of Section. P.L. 1950, ch. 2552, § 5; G.L. 1956, § 21-19-6 .

21-19-7. Enforcement — Appropriations and disbursements.

The director of environmental management shall administer and enforce the provisions of this chapter and shall make suitable regulations to carry out the administration and enforcement. The general assembly shall annually appropriate any sum that it may deem necessary to carry out the purpose of this chapter; and the state controller is authorized and directed to draw orders upon the general treasurer for the payment of that sum, or so much of it as may be required from time to time, upon receipt by the controller of properly authenticated vouchers.

History of Section. P.L. 1950, ch. 2552, § 6; G.L. 1956, § 21-19-7 ; impl. am. P.L. 1965, ch. 137, § 1.

21-19-8. Hearings on violations.

When the director of environmental management learns of any violation of any provisions of this chapter, he or she may cause notice of the violation, together with the copy of his or her findings, to be given to the person or persons concerned. Persons notified may be given a hearing under rules and regulations prescribed by the director. Notice of the hearings shall declare the date, hour, and place of the hearing.

History of Section. P.L. 1950, ch. 2552, § 7; G.L. 1956, § 21-19-8 ; impl. am. P.L. 1965, ch. 137, § 1.

21-19-9. Penalties for violations.

Any person, firm, or corporation, which by itself or its agents or employees, violates any provisions of this chapter, or any regulation made under this chapter, or fails to comply with any of the requirements of this chapter or knowingly misrepresents the grade of any potatoes, shall be fined not more than fifty dollars ($50.00) nor less than twenty-five dollars ($25.00) for the first offense and not more than two hundred dollars ($200) nor less than fifty dollars ($50.00) for each subsequent offense.

History of Section. P.L. 1950, ch. 2552, § 8; G.L. 1956, § 21-19-9 .

21-20-1. Vegetables to be sold by weight.

It shall be unlawful for any person, firm, partnership, or corporation to sell at retail or offer to sell at retail any lima, fava, shell, wax, or green snap beans, peas, spinach, kale, dandelions, and potatoes, and any other vegetables of the commonly accepted staple classes as may be determined by the director of environmental management, in any other manner or measure other than by weight.

History of Section. P.L. 1942, ch. 1202, § 1; G.L. 1956, § 21-20-1 .

21-20-2. Penalty for sales other than by weight.

Every person, firm, partnership, or corporation violating § 21-20-1 shall be fined not less than twenty dollars ($20.00) and not more than fifty dollars ($50.00), one-half (1/2) of the fine to the use of the city or town where the offense was committed and one-half (1/2) of the fine to the use of the state.

History of Section. P.L. 1942, ch. 1202, § 2; G.L. 1956, § 21-20-2 .

21-20-3. Enforcement of provisions.

The enforcement of §§ 21-20-1 and 21-20-2 shall be under the jurisdiction of the director of environmental management.

History of Section. P.L. 1942, ch. 1202, § 3; G.L. 1956, § 21-20-3 ; impl. am. P.L. 1965, ch. 137, § 1.

21-20-4. Sale of nuts, beans, and berries by dry measure.

Nuts and shelled beans and all kinds of berries, whenever sold by measure, shall be sold by dry measure. And any person who shall sell any nuts or shelled beans or any kind of berries by any measure other than dry measure shall be fined not exceeding twenty dollars ($20.00), one-half (1/2) of the fine to the use of the town or city in which the offense shall have been committed and one-half (1/2) of the fine to the complainant.

History of Section. G.L. 1896, ch. 146, § 8; G.L. 1909, ch. 172, § 8; G.L. 1923, ch. 202, § 8; G.L. 1938, ch. 383, § 8; G.L. 1956, § 21-20-4 .

21-20-5. Rules as to grading, packing, and marking of farm products — False representations.

The director of environmental management is authorized and instructed to promulgate reasonable rules and regulations relative to grading, marking, labeling, packing, and branding of products of the farm. Any fruit or vegetable offered or exposed for sale or distribution in a closed or open package so packed that the faced or shown surface gives a false representation of the contents of the package shall be construed to be misbranded under the terms of this section. Products of the farm sold or offered for sale as graded, marked, labeled, packed, or branded as conforming to those rules and regulations must conform.

History of Section. G.L. 1923, ch. 241, § 33; P.L. 1926, ch. 789, § 1; P.L. 1930, ch. 1602, § 1; G.L. 1938, ch. 212, § 9; G.L. 1956, § 21-20-5 ; impl. am. P.L. 1965, ch. 137, § 1.

21-20-6. Penalty for violations.

Any person, firm, or corporation who shall violate any provision of § 21-20-5 or any rule or regulation of the director of environmental management made pursuant to that section shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or be imprisoned for a term of three (3) months, or by both fine and imprisonment.

History of Section. G.L. 1923, ch. 241, § 35; P.L. 1926, ch. 789, § 1; P.L. 1930, ch. 1602, § 1; G.L. 1938, ch. 212, § 10; G.L. 1956, § 21-20-6 ; impl. am. P.L. 1965, ch. 137, § 1.

21-20-7. Exemptions.

When products are grown or produced on a Rhode Island farm and sold or offered for sale at the farm, roadside stands, farmers markets or pick-your-own operations located in Rhode Island, the products may be sold or offered for sale by weight, dry measure or count, provided, that they are clearly marked as to the method of sale being used.

History of Section. P.L. 2003, ch. 184, § 1; P.L. 2003, ch. 188, § 1.

21-21-1. “Olive oil” defined.

“Olive oil,” means the pale yellowish or yellowish green nondrying oil expressed from ripe olives and used or sold or offered for sale as a salad oil, in cooking, or as a lubricant or in illumination.

History of Section. P.L. 1941, ch. 1016, § 1; G.L. 1956, § 21-21-1 .

21-21-2. Sale of mixtures as pure olive oil prohibited.

Olive oil, when it has been mixed or packed with cotton seed oil or other substance, shall not be sold or offered for sale under the name of “Pure olive oil.”

History of Section. P.L. 1941, ch. 1016, § 2; G.L. 1956, § 21-21-2 .

21-21-3. Penalties for misrepresentation — Confiscation — Evidence — Action on contract.

Every person, firm, or corporation who as principal or by servant or agent shall have in his or her or its possession or who shall pack, label, and distribute to be sold or shall offer for sale any can, jar, package, or other container which is stamped or labeled or which is caused to be stamped or labeled as containing pure olive oil, which stamp or label falsely represents the olive oil to be pure when it has been mixed or packed with cotton seed oil or other substance, shall be guilty of a misdemeanor and for the first and second offense shall be punished by a fine of not exceeding two hundred dollars ($200), and for the third and each subsequent offense shall be punished by a fine of two hundred dollars ($200) or by imprisonment for thirty (30) days or by both fine and imprisonment, and the olive oil shall be confiscated and shall become the property of the state for final distribution; and on trial of the offense proof of the possession, packing, labeling, or distributing to be sold or offering for sale, shall be evidence of knowledge of the character of the article possessed, packed, labeled, and distributed for sale or offered for sale and of knowledge that it was not pure olive oil as required by § 21-21-2 . No action shall be maintained in any court of this state to recover on any contract for packing, labeling, and distributing for sale of olive oil so misrepresented as being pure olive oil as required by this chapter.

History of Section. P.L. 1941, ch. 1016, § 3; G.L. 1956, § 21-21-3 .

21-21-4. Prosecution of violations.

It shall be the duty of the department of health to prosecute any person, firm, or corporation violating any of the provisions of this chapter.

History of Section. P.L. 1941, ch. 1016, § 4; G.L. 1956, § 21-21-4 .

21-21-5. Access to premises — Taking and analysis of specimens.

The director of health or the director’s officer or agent may enter any place where olive oil is packed, labeled, distributed, or offered for sale for the purpose of examining into any suspected violation of §§ 21-21-2 and 21-21-3 ; and whenever the director has reason to believe that any olive oil is being packed, labeled, distributed, or offered for sale in violation of §§ 21-21-2 and 21-21-3 , he or she shall take specimens of the oil and cause the specimens to be analyzed or satisfactorily tested, the result of which he or she shall record and preserve as evidence, and a certificate of the result, sworn to by the analyzer, shall be admissible in evidence in all prosecutions under this chapter. Every person refusing the director or other officer or agent responsible entry for the purpose of examination, or refusing to allow him or her to take specimens, shall, upon conviction, be fined a sum not exceeding fifty dollars ($50.00).

History of Section. P.L. 1941, ch. 1016, § 5; G.L. 1956, § 21-21-5 .

21-21-6. Sale of mixed oils so labeled.

Nothing contained in this chapter shall prevent the sale of olive oil, which has been mixed with cotton seed oil or other substance when the can, jar, package, or container in which the mixed olive oil is so stamped or labeled.

History of Section. P.L. 1941, ch. 1016, § 6; G.L. 1956, § 21-21-6 .

21-22-1. False representation as cider vinegar.

No person shall by himself or herself, his or her servant or agent, or as the servant or agent of any other person, sell, exchange, or have in his or her custody or possession, with intent to sell or exchange, or expose or offer for sale or exchange, any adulterated vinegar, or label, brand, or sell as cider vinegar any vinegar not made exclusively from apple cider.

History of Section. G.L. 1896, ch. 148, § 1; P.L. 1903, ch. 1107, § 1; G.L. 1909, ch. 174, § 1; G.L. 1923, ch. 205, § 1; G.L. 1938, ch. 270, § 1; G.L. 1956, § 21-22-1 .

21-22-2. Artificial coloring prohibited — Acetic acid and vinegar solid requirements.

All vinegars shall be without artificial coloring matter, and shall contain not less than four grams (4 gs.) of acetic acid in one hundred grams (100 gs.) of the vinegar. Cider vinegar shall contain in addition to four grams (4 gs.) of acetic acid not less than one and six-tenths grams (1.6 gs.) of cider vinegar solids in one hundred grams (100 gs.) of the vinegar. If any vinegar contains any artificial coloring matter, or less than the amount of acidity required by this section, or, in the case of a cider vinegar, if it contains less than the amount of acidity or cider vinegar solids required by this section, it shall be deemed to be an adulteration within the meaning of this chapter.

History of Section. G.L. 1896, ch. 148, § 2; G.L. 1909, ch. 174, § 2; P.L. 1917, ch. 1468, § 1; G.L. 1923, ch. 205, § 2; G.L. 1938, ch. 270, § 2; G.L. 1956, § 21-22-2 .

21-22-3. Metallic salts — Mineral acids.

All vinegars shall be without any metallic salts of arsenic, lead, copper, tin, or zinc, or any sulphuric, hydrochloric, nitric, or other mineral acid injurious to health; and if any vinegar contains any metallic salts of arsenic, lead, copper, tin, or zinc, or any sulphuric, hydrochloric, nitric, or other mineral acid injurious to health, it shall be deemed to be adulterated within the meaning of this chapter.

History of Section. G.L. 1896, ch. 148, § 6; P.L. 1903, ch. 1107, § 2; G.L. 1909, ch. 174, § 3; G.L. 1923, ch. 205, § 3; G.L. 1938, ch. 270, § 3; G.L. 1956, § 21-22-3 .

21-22-4. Complaints for violations.

It shall be the duty of the director of health to make complaint for all violations of this chapter, and the director shall not be required to give surety for costs.

History of Section. P.L. 1908, ch. 1597, § 12; G.L. 1909, ch. 174, § 4; G.L. 1923, ch. 205, § 4; G.L. 1938, ch. 270, § 4; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-22-4 .

21-22-5. Access to premises — Taking and analysis of specimens.

Every duly authorized agent of the department of health may enter any place where vinegar is stored or kept for sale, and examine all carriages used in the conveyance of vinegar; and whenever the agent has reason to believe any vinegar found by him or her is adulterated, the agent shall take specimens of it and cause the vinegar to be analyzed or satisfactorily tested, the result of which the agent shall record and preserve as evidence, and a certificate of the result, sworn to by the analyzer, shall be admissible in evidence in all prosecutions under this chapter.

History of Section. G.L. 1896, ch. 148, § 4; G.L. 1909, ch. 174, § 5; G.L. 1923, ch. 205, § 5; G.L. 1938, ch. 270, § 5; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-22-5 .

21-22-6. Penalties for violations.

Any person violating the provisions of this chapter shall be subject to the penalties prescribed in chapters 1, 17, 23, and 30 of this title for like offenses.

History of Section. G.L. 1896, ch. 148, § 5; G.L. 1909, ch. 174, § 6; G.L. 1923, ch. 205, § 6; G.L. 1938, ch. 270, § 6; G.L. 1956, § 21-22-6 .

21-23-1. Bottlers’ permits required for manufacture or sale.

It shall be unlawful for any person, firm, or corporation to manufacture or bottle for sale or to sell or offer for sale any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup, bottled drinking water either plain or carbonated, or any other so-called soft drink, without a permit from the department of health. No carbonated or nonalcoholic beverage, soda water, fruit juice, syrup, bottled drinking water either plain or carbonated, or any other so-called soft drink, which has been manufactured outside of this state shall be sold or offered for sale within this state unless the person, firm, or corporation manufacturing or bottling it for sale shall hold a permit to do so from the department of health. The permit shall be known as a “bottlers’ permit” and the person, firm, or corporation receiving the permit shall be known as the “bottler”.

History of Section. G.L. 1909, ch. 183, § 15; P.L. 1919, ch. 1781, § 1; P.L. 1921, ch. 2073, § 1; G.L. 1923, ch. 168, § 15; P.L. 1927, ch. 1059, § 1; P.L. 1928, ch. 1190, § 1; G.L. 1938, ch. 269, § 15; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-23-1 ; P.L. 1979, ch. 384, § 1; P.L. 1988, ch. 581, § 1.

21-23-2. Issuance and renewal of permits — Fee — Posting — Exempt cider.

Blank forms of the application for permits shall be furnished by the department without cost. The fee for the permit shall be as set forth in § 23-1-54 . The fee for a permit to manufacture or bottle apple cider shall also be as set forth in § 23-1-54 . In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Any person applying for a permit to bottle or manufacture apple cider shall certify that he or she does not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup, bottled drinking water, either plain or carbonated, or any other so-called soft drink, other than apple cider. The fee received by the department for “bottlers’ permits” shall be turned over to the general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on the premises of the bottler so that they may readily be seen by any person inspecting the premises; provided that the fees so far as they relate to cider, shall not apply to any person who manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons of cider.

History of Section. G.L. 1909, ch. 183, § 15; P.L. 1919, ch. 1781, § 1; P.L. 1921, ch. 2073, § 1; G.L. 1923, ch. 168, § 15; P.L. 1927, ch. 1059, § 1; P.L. 1928, ch. 1190, § 1; G.L. 1938, ch. 269, § 15; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-23-2 ; P.L. 1960, ch. 76, § 21; P.L. 1979, ch. 384, § 1; P.L. 1990, ch. 65, art. 52, § 1; P.L. 1991, ch. 322, § 1; P.L. 1993, ch. 94, § 1; P.L. 1994, ch. 363, § 1; P.L. 2001, ch. 77, art. 15, § 5; P.L. 2007, ch. 73, art. 39, § 40; P.L. 2012, ch. 241, art. 9, § 33.

21-23-3. Suspension or revocation of permits.

Permits granted under this chapter may be suspended or revoked by the department of health for violation of any provision of this chapter or the regulations promulgated pursuant to this chapter or of chapter 27 of this title or chapter 31 of this title.

History of Section. G.L. 1909, ch. 183, § 16; P.L. 1919, ch. 1781, § 1; G.L. 1923, ch. 168, § 16; G.L. 1938, ch. 269, § 16; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-23-3 ; P.L. 1979, ch. 384, § 1; P.L. 2002, ch. 292, § 49.

21-23-4. Adoption of regulations.

All nonalcoholic beverage, drink, or juice regulations and any amendments to them adopted pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., are the bottled beverage regulations in this state. The department may, by regulation, provide for modification or deviation from those regulations, whether or not the modifications or deviations are in accordance with the regulations adopted pursuant to the Federal Food, Drug, and Cosmetic Act.

The director of health is authorized to adopt any other regulations for bottled beverages he or she deems necessary in accordance with authority granted under this chapter, chapter 27 of this title and § 23-1-18(5) .

History of Section. P.L. 1979, ch. 384, § 1; P.L. 2002, ch. 292, § 49.

21-23-5. Contamination of containers.

Whoever by himself or herself or by his or her servant or agent, or as the servant or agent of any other person, firm, or corporation having custody of a reusable jar, bottle, measure, or other vessel used as a container for any carbonated or nonalcoholic beverage, soda water, fruit juice or drink, bottled drinking water either plain or carbonated, or any other so-called soft drink, places or causes or permits to be placed in it any offal, kerosene, or article other than waters or beverages as enumerated in this chapter, or any agent used for cleaning the jar, bottle, measure or other vessel, shall be punished by a fine of ten dollars ($10.00) for each reusable misused container.

History of Section. G.L. 1909, ch. 183, § 20; P.L. 1919, ch. 1781, § 1; G.L. 1923, ch. 168, § 20; G.L. 1938, ch. 269, § 20; G.L. 1956, § 21-23-7 ; P.L. 1979, ch. 384, § 1; P.L. 1988, ch. 581, § 1.

21-23-6. Retailers exempt.

The provisions of this chapter shall not apply to dealers at retail who purchase from the bottler of any carbonated or nonalcoholic beverage, soda water, fruit juice, bottled drinking water either plain or carbonated, or any other so-called soft drink.

History of Section. G.L. 1909, ch. 183, § 21; P.L. 1919, ch. 1781, § 1; G.L. 1923, ch. 168, § 21; G.L. 1938, ch. 269, § 21; G.L. 1956, § 21-23-8; P.L. 1979, ch. 384, § 1; P.L. 1988, ch. 581, § 1.

21-23-7. Inspections and reports.

It shall be the duty of the department of health to make at least quarterly inspections of all places or premises for which permits are issued and a report kept on file at the office of the department of health as to the sanitary condition maintained by the bottler. The department shall make inspections at any time it shall determine.

History of Section. G.L. 1909, ch. 183, § 16; P.L. 1919, ch. 1781, § 1; G.L. 1923, ch. 168, § 16; G.L. 1938, ch. 269, § 16; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-23-9; P.L. 1979, ch. 384, § 1.

21-24-1. Definitions.

1. “Department” means the department of health.
2. “Director” means the director of health.
3. “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any group of persons whether incorporated or not, engaged in the commercial manufacture or sale of flour, white bread, or rolls.

History of Section. P.L. 1982, ch. 76, § 1.

21-24-2. Regulations.

All bakery products, cereal flours, and related products regulations and any amendments to them adopted by the federal government pursuant to the Food, Drug, and Cosmetic Act, CFR 21, Parts 136, entitled “Bakery Products,” and 137, entitled “Cereal Flours and Related Products,” are the regulations in this state. The department may by regulation provide for modification or deviation from these regulations where the interest of Rhode Island consumers may warrant, whether or not the modifications or deviations are in accordance with the regulations adopted pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.; provided, the amendments do not interfere with interstate commerce. A federal regulation automatically adopted pursuant to this chapter takes effect in this state on the date it becomes effective as a federal regulation. The director shall publish a notice of the adoption in a newspaper having general circulation throughout the state. A person who may be adversely affected by a regulation may, within thirty (30) days after a federal regulation is automatically adopted, file with the director, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation. If no substantial objections are received and no hearing is requested within thirty (30) days after publication of a notice of the adoption of a federal regulation, it shall be effective as of the date it was adopted by the federal government. If timely substantial objections are made to a federal regulation within thirty (30) days after it is automatically adopted, the director, after notice, shall conduct a public hearing in accordance with the provisions of chapter 35 of title 42. The director of health is authorized to adopt any regulations for bakery products, cereal flours, and related products that he or she deems necessary in accordance with authority granted under this chapter, chapter 31 of this title, chapter 27 of this title, and § 23-1-18(5) .

History of Section. P.L. 1982, ch. 76, § 1; P.L. 2002, ch. 292, § 51.

21-24-3. Corn and corn meal.

Nothing in this chapter or the regulations adopted or in effect pursuant to this chapter shall supersede the provisions of chapter 25 of this title as it relates to “Rhode Island corn” and corn meal made from Rhode Island corn.

History of Section. P.L. 1982, ch. 76, § 1.

21-24-4. Enforcement of provisions.

Enforcement of this chapter shall be in accordance with the provisions of §§ 23-1-20 — 23-1-24 .

History of Section. P.L. 1982, ch. 76, § 1; P.L. 2002, ch. 292, § 51.

21-24-5. Investigative powers.

For the purpose of enforcement of this chapter and the regulations in effect or adopted pursuant to this chapter, the director, or the officers or employees under his or her supervision as he or she may designate, is authorized to take samples for analysis and to conduct examinations and investigations, and to enter at reasonable times any factory, mill, bakery, warehouse, shop, or establishment where cereal flours, bread, rolls, or related products are manufactured, processed, packed, sold, or held, or any vehicle being used for their transportation, and to inspect the place or vehicle and any flours, bakery products, or related products in the place or vehicle, and all pertinent equipment, materials, containers, and labeling.

History of Section. P.L. 1982, ch. 76, § 1.

21-24-6. Penalties for violations.

Any person who violates any of the provisions of this chapter or the orders, rules, or regulations promulgated by the director under authority of this chapter shall be subject to the provisions of chapter 1 of title 23 pertaining to violation of laws administered by the director of health or rules or regulations adopted pursuant to the director’s authority.

History of Section. P.L. 1982, ch. 76, § 1; P.L. 1989, ch. 542, § 39.

21-24-7. Appropriations and disbursements.

The general assembly shall annually appropriate any sums that it may deem necessary to carry out the provisions of this chapter and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be required, upon receipt by him or her of proper vouchers approved by the director of health.

History of Section. P.L. 1982, ch. 76, § 1.

21-24-8. Severability.

If any provision of this chapter or of any rule or regulation made pursuant to this chapter or the application of it to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of the provision to other persons or circumstances shall not be affected by that invalidity. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1982, ch. 76, § 1.

21-25-1. “Rhode Island corn” defined.

Within the meaning of this chapter “Rhode Island corn” means corn of a light amber color, hard and sound of kernel, generally known as Rhode Island white cap corn and grown in the soil of Rhode Island within the state of Rhode Island.

History of Section. P.L. 1940, ch. 898, § 1; G.L. 1956, § 21-25-1 .

21-25-2. Labeling of containers of corn.

The words “Rhode Island” shall not be stamped, marked, printed, branded, or used on any package, bag, bottle, can, box, tub, firkin, or container of any kind in which any corn may be stored or from or in which corn may be sold or offered or exposed for sale unless the corn shall be Rhode Island corn within the meaning of this chapter.

History of Section. P.L. 1940, ch. 898, § 2; G.L. 1956, § 21-25-2 .

21-25-3. Labeling of corn meal.

The words “Rhode Island” shall not be stamped, marked, printed, branded, or used on any package, bag, bottle, can, box, tub, firkin, or container of any kind in which any corn meal may be stored or from or in which corn meal may be sold or offered or exposed for sale unless the corn meal has been ground or manufactured in Rhode Island from Rhode Island corn within the meaning of this chapter.

History of Section. P.L. 1940, ch. 898, § 3; G.L. 1956, § 21-25-3 .

21-25-4. Penalty for misbranding.

Every person, firm, or corporation, as principal, or by a servant, or agent, who shall sell or offer to sell or expose for sale or have in their possession with intent to sell, contrary to the provisions of this chapter, any package, bag, bottle, can, box, tub, firkin, or container of any kind which has been stamped, marked, printed, branded, and is to be used for the sale, offering, or exposing for sale of any Rhode Island corn meal when the corn meal contained in it has not been ground or manufactured in Rhode Island from Rhode Island corn as required by this chapter, shall for each offense be fined one hundred dollars ($100), one-half (1/2) of the fine to the use of the complainant and one-half (1/2) of the fine to the use of the state; and on trial for the offense, proof of the sale or offering to sell or of the exposing for sale of the article or substance shall be evidence or knowledge of the character of the article or substance so sold or offered or exposed for sale and of knowledge that it was not stamped, marked, printed, branded, or used in accordance with the requirements of this chapter.

History of Section. P.L. 1940, ch. 898, § 4; G.L. 1956, § 21-25-4 .

21-25-5. Prosecution of violations.

It shall be the duty of the director of health to prosecute any person, firm, or corporation violating any of the provisions of this chapter, and the director when making a complaint shall not be required to give surety for the payment of costs.

History of Section. P.L. 1940, ch. 898, § 5; G.L. 1956, § 21-25-5 .

21-26-1. Appointment of municipal inspectors.

The city and town councils of the several cities and towns may, appoint an inspector of saleratus, bicarbonate of soda, and cream of tartar for the cities and towns.

History of Section. G.L. 1896, ch. 40, § 7; G.L. 1896, ch. 138, § 1; G.L. 1909, ch. 50, § 7; G.L. 1909, ch. 164, § 1; G.L. 1923, ch. 51, § 7; G.L. 1923, ch. 194, § 1; G.L. 1938, ch. 333, § 7; G.L. 1938, ch, 390, § 1; G.L. 1956, § 21-26-1 ; P.L. 2002, ch. 292, § 52.

21-26-2. Testing and certification — Fee.

Every inspector shall, whenever requested, test any of the articles which shall be presented to him or her for inspection, and shall give his or her certificate to any person applying for it, whether the article is impure or adulterated, and for every certificate the inspector shall be entitled to the sum of two dollars ($2.00).

History of Section. G.L. 1896, ch. 138, § 2; G.L. 1909, ch. 164, § 2; G.L. 1923, ch. 194, § 2; G.L. 1938, ch. 390, § 2; G.L. 1956, § 21-26-2 .

21-26-3. Analysis — Fee.

Every inspector shall, whenever requested, make an analysis of an article which may be presented to him or her for that purpose, and shall give his or her certificate to any person who shall apply for it, of the result of the analysis, for which certificate he or she shall be entitled to the sum of ten dollars ($10.00).

History of Section. G.L. 1896, ch. 138, § 3; G.L. 1909, ch. 164, § 3; G.L. 1923, ch. 194, § 3; G.L. 1938, ch. 390, § 3; G.L. 1956, § 21-26-3 .

21-26-4. Sale of adulterated articles.

Every person who shall sell saleratus, bicarbonate of soda, or cream of tartar which has been adulterated and thereby rendered an impure article, shall be fined twenty dollars ($20.00), together with the cost of testing and analyzing the impure article; one-half (1/2) of the fine to the use of the city or town where the sale shall be made, and one-half (1/2) of the fine, together with the cost of testing and analyzing the impure article, to the use of the person who shall sue for it.

History of Section. G.L. 1896, ch. 138, § 4; G.L. 1909, ch. 164, § 4; G.L. 1923, ch. 194, § 4; G.L. 1938, ch. 390, § 4; G.L. 1956, § 21-26-4 .

21-27-1. Definitions.

Unless otherwise specifically provided in this chapter, the following definitions apply to this chapter:

1. “Approved” means approved by the director.
2. “Commissary” means a central processing establishment where food is prepared for sale or service off the premises or by mobile vendor.
3. “Department” means the department of health.
4. “Director” means the director of health or the director’s duly appointed agents.
5. “Farmers market” means a market where two (2) or more farmers are selling produce exclusively grown on their own farms on a retail basis to consumers. Excluded from this term is any market where farmers or others are selling produce at wholesale and/or any market in which any individual is selling produce not grown on his or her own farm.
6. “Farm home food manufacture” means the production in accordance with the requirements of § 21-27-6.1 of food for retail sale in a residential kitchen on a farm which produces agricultural products for human consumption and the operator of which is eligible for exemption from the sales and use tax in accordance with § 44-18-30(32) .
7. “Food” means: (i) articles used for food or drink for people or other animals, (ii) chewing gum, and (iii) articles used for components of any food or drink article.
8. “Food business” means and includes any establishment or place, whether fixed or mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served, transported, or sold.
9. “Food service establishment” means any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern; bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage education facility, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
10. “Mobile food service unit” means a unit that prepares and/or sells food products for direct consumption.
11. “Person” means any individual, firm, co-partnership, association, or private or municipal corporation.
12. “Processor” means one who combines, handles, manufactures or prepares, packages, and stores food products.
13. “Operator” in relation to food vending machines means any person who by contract, agreement, lease, rental, or ownership sells food from vending machines.
14. “Retail” means when eighty percent (80%) or more of sales are made directly to consumers.
15. “Retail peddler” means a food business which sells meat, seafood, and dairy products directly to the consumer, house to house or in a neighborhood.
16. “Roadside farmstand” means a stand or location adjacent to a farm where produce grown only on that farm is sold at the time of harvest.
17. “Vending machine site or location” means the room, enclosure, space, or area where one or more vending machines are installed and/or operated.
18. “Warehouse” means a place for the storage of dried, fresh, or frozen food or food products, not including those areas associated within or directly part of a food service establishment or retail market.
19. “Wholesale” means when eighty percent (80%) or more of the business is for resale purposes.
20. “Cultural heritage education facility” means a facility for up to ten (10) individuals who, for a fee, participate in the preparation and consumption of food, limited to an owner-occupied site documented to be at least one hundred fifty (150) years old and whose drinking water shall be obtained from an approved source which meets all of the requirements of chapter 46-13.

History of Section. G.L. 1938, ch. 260, § 1; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-1 ; P.L. 1970, ch. 143, § 1; P.L. 1981, ch. 128, § 1; P.L. 1984, ch. 51, § 1; P.L. 1995, ch. 55, § 1; P.L. 2002, ch. 415, § 1; P.L. 2005, ch. 410, § 11; P.L. 2007, ch. 379, § 2; P.L. 2007, ch. 530, § 2; P.L. 2009, ch. 117, § 1; P.L. 2009, ch. 175, § 1.

21-27-2. Food businesses required to comply.

No person shall operate any food business within this state except in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter.

History of Section. G.L. 1938, ch. 260, § 2, as enacted by P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-2 .

21-27-3. Sanitary regulations.

The director shall adopt any regulations relating to sanitation that he or she may deem advisable with reference to any food business and with reference to the premises, property, equipment, and utensils used in connection with any food business.

History of Section. G.L. 1938, ch. 260, § 3; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-3 .

21-27-4. Sale of food not handled in compliance with chapter prohibited — Confiscation.

No person shall sell or possess with intent to sell within this state for human consumption any food which has not been processed, transported, or sold in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter. Any food which the director shall have reasonable cause to believe has not been processed, transported, or sold in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter may be confiscated.

History of Section. G.L. 1938, ch. 260, § 4; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-4 .

21-27-5. Notice to cease business.

Whenever the director deems it necessary in the interests of public health to cause any food business to cease operating the director may do so by serving written notice upon the owner or manager of the food business; provided, that before the notice is given the owner or manager shall have been given an opportunity to show cause why the food business should not cease operating. Written notice to cease operating a food business shall remain in effect until the director serves further notice permitting the resumption of operation of the food business. The director may obtain relief in equity or by prerogative writ whenever this relief shall be necessary in the proper performance of his or her duties under this section.

History of Section. G.L. 1938, ch. 260, § 5; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-5 .

21-27-6. Businesses exempt.

The provisions of this chapter shall not apply to those activities of food business which are licensed and regulated in accordance with the provisions of this title; provided, that retail food businesses and food vending machines limited solely to selling or dispensing ice and/or non-perishable foods, including, but not limited to, gumballs, unopened bottled or canned beverages, and prepackaged candy, nuts, gum, popcorn, chips, pretzels, cookies, and crackers. Honey producers who are registered with the state are exempt from the provisions of this chapter.

History of Section. G.L. 1938, ch. 260, § 6; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-6 ; impl. am. P.L. 1962, ch. 80, § 5; P.L. 1984, ch. 51, § 1; P.L. 1986, ch. 237, § 1; P.L. 1986, ch. 276, § 1; P.L. 1995, ch. 55, § 1.

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:
   1. Be equipped at minimum with either a two (2) compartment sink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one compartment sink;
   2. 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;
   3. 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;
   4. Have self-closing doors for bathrooms that open directly into the kitchen;
   5. 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:
   1. Pets are kept out of food preparation and food storage areas at all times;
   2. Cooking facilities shall not be used for domestic food purposes while farm home food products are being prepared;
   3. 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;
   4. Any laundry facilities which may be in the kitchen shall not be used during farm home food manufacture;
   5. 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;
   6. List ingredients on product;
   7. 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:
   1. Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits, vegetables and/or herbs that have been grown locally;
   2. Double crust pies that are made with fruit grown locally;
   3. Yeast breads;
   4. Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile radius of the farm;
   5. Candies and fudges;
   6. 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(6) . 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) .

History of Section. P.L. 2002, ch. 415, § 2; P.L. 2005, ch. 410, § 11; P.L. 2007, ch. 73, art. 39, § 41; P.L. 2012, ch. 241, art. 9, § 34.

21-27-7. Enforcement — Prosecution of violations.

It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of them. In these prosecutions the director shall not be required to enter into any recognizance nor to give surety for costs.

History of Section. G.L. 1909, ch. 78, § 31; P.L. 1910, ch. 576, § 3; G.L. 1923, ch. 85, § 31; P.L. 1930, ch. 1570, § 1; P.L. 1935, ch. 2250, § 113; G.L. 1938, ch. 260, §§ 1, 15; G.L. 1938, ch. 260, § 7; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-7 .

21-27-8. Obstruction of entry to premises in enforcement of chapter.

No person shall interfere with or obstruct the entrance of the director to any house, structure, vessel, vehicle, or other premises in the discharge of the director’s official duties in connection with the enforcement of this chapter or the regulations adopted in accordance with this chapter.

History of Section. G.L. 1938, ch. 260, § 8; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-8 .

21-27-9. Penalties for violations.

Persons convicted of violating any of the provisions of this chapter or the regulations adopted in accordance with this chapter shall be punished:

1. By a term of imprisonment not exceeding three (3) months or by a fine not exceeding one hundred dollars ($100) for the first offense;
2. By a term of imprisonment not exceeding six (6) months or by a fine not exceeding two hundred dollars ($200) for the second offense; and
3. By a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500) for a third or subsequent offense.

History of Section. G.L. 1938, ch. 260, § 14; G.L. 1938, ch. 260, § 9; P.L. 1948, ch. 2026, § 1; G.L. 1956, § 21-27-9 .

21-27-10. Registration of food businesses.

1. No person shall operate a food business as defined in § 21-27-1(8) unless he or she annually registers the business with the state director of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farm stands, or any municipality shall be exempt from payment of any required fee.
2. In order to set the registration renewal dates so that all activities for each establishment can be combined on one registration instead of on several registrations, the registration renewal date shall be set by the department of health. The registration period shall be for twelve (12) months commencing on the registration renewal date. Any renewal registration fee shall be at the full, annual rate regardless of the date of renewal. Any fee for a first-time application shall have the registration fee pro-rated based upon the date of issuance of registration. If the registration renewal date is changed, the department may make an adjustment to the fees of registered establishments, not to exceed the annual registration fee, in order to implement the changes in registration renewal date. Registrations issued under this chapter may be suspended or revoked for cause. Any registration or license shall be posted in a place accessible and prominently visible to an agent of the director.
3. Registration with the director of health shall be based upon satisfactory compliance with all laws and regulations of the director applicable to the food business for which registration is required.
4. The director of health is authorized to adopt regulations necessary for the implementation of this chapter.
5. Classification for registration shall be as follows:
   1. In-state and out-of-state food processors that sell food in Rhode Island (Wholesale)
   2. Food processors (Retail)
   3. Food service establishments:
      1. 50 seats or less
      2. More than 50 seats
      3. Mobile food service units
      4. Industrial caterer or food vending machine commissary
      5. Cultural heritage educational facility
   4. Vending machine sites or location:
      1. Three (3) or less machines
      2. Four (4) to ten (10) machines
      3. Eleven (11) or more machines
   5. Retail markets:
      1. 1 to 2 cash registers
      2. 3 to 5 cash registers
      3. 6 or more cash registers
   6. Retail food peddler (meat, seafood, dairy, and frozen dessert products)
   7. Food warehouses
6. In no instance, where an individual food business has more than one activity eligible under this chapter for state registration within a single location, shall the business be required to pay more than a single fee for the one highest classified activity listed in subsection (e) of this section; provided, that, where several separate but identically classified activities are located within the same building and under the management and jurisdiction of one person, one fee shall be required. In each of the instances in this subsection, each activity shall be separately registered.
7. Fees for registration of the above classifications shall be as set forth in § 23-1-54 .

History of Section. P.L. 1980, ch. 316, § 1; P.L. 1984, ch. 51, § 1; P.L. 1986, ch. 237, § 1; P.L. 1986, ch. 276, § 1; P.L. 1990, ch. 10, art. 9, § 1; P.L. 1990, ch. 65, art. 54, § 1; P.L. 1993, ch. 94, § 1; P.L. 1995, ch. 55, § 1; P.L. 2001, ch. 77, art. 15, § 6; P.L. 2006, ch. 216, § 4; P.L. 2007, ch. 73, art. 39, § 41; P.L. 2007, ch. 379, § 2; P.L. 2007, ch. 530, § 2; P.L. 2012, ch. 241, art. 9, § 34; P.L. 2014, ch. 435, § 1; P.L. 2014, ch. 469, § 1; P.L. 2016, ch. 512, art. 1, § 8.

21-27-11. Certification of managers in food safety.

In order to protect the health, safety, and welfare of the public there shall be a certification procedure for managers in food safety and requiring the employment of managers certified in food safety by food establishments.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.1. Definitions applicable to §§ 21-27-11 — 21-27-11.13.

As used in §§ 21-27-11 — 21-27-11 .13:

1. “Bed and breakfast” establishment means an owner-occupied residence providing accommodations for a charge to the public in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided only to guests. The total number of individuals served shall not exceed twelve (12), including the owner and any other individuals living or eating on the premises. Bed and breakfast establishments shall not include motels, hotels, or boarding houses.
2. “Director” refers to the director of the department of health.
3. “Division” means the division of food protection, the department of health.
4. “Employee” means any person who works with or without pay in a food establishment.
5. “Food establishment” means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes, but is not limited to, restaurants, caterers, nursing and retirement homes, hospitals, private clubs, industrial cafeterias, public and private educational institutions, and delicatessens in retail food stores that cook and offer prepared food in individual service portions.
6. “Full-time equivalent” means forty (40) hours a week.
7. “Itinerant vendor” means a food vending business serving food or drink from any establishment or conveyance without fixed locations and without connection to water supply and sewage disposal systems.
8. “Manager certified in food safety” means a person certified in this state in accordance with the requirements in this chapter.
9. “Potentially hazardous foods” means any food or food ingredient, natural or synthetic in a form capable of supporting: (i) the rapid and progressive growth of infectious or toxigenic microorganisms, or (ii) the slower growth of Clostridium botulinum.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.2. Application for certification.

Any person who shall desire to be certified in food safety shall submit in writing, on any forms as provided by the division, an application for certification that shall be accompanied by an application fee as set forth in § 23-1-54 , together with any other credentials that the rules and regulations and the division may require. There shall be no requirement for an instructor to hold a bachelor’s degree; provided that the instructor is certified by a nationally accredited food-safety-certification program recognized by the state, including, but not limited to, the ServSafe program of the National Restaurant Association.

History of Section. P.L. 1992, ch. 393, § 1; P.L. 2001, ch. 77, art. 15, § 7; P.L. 2007, ch. 73, art. 39, § 41; P.L. 2012, ch. 241, art. 9, § 34; P.L. 2016, ch. 478, § 1.

21-27-11.3. Qualifications for certification.

Qualification for certification pursuant to §§ 21-27-11 — 21-27-11 .4, shall be successful completion of an examination and a training course as defined in the regulations. The regulation may include a provision for acceptance of prior training and experience in lieu of a training course for managers currently employed in the food industry. The training course, instructors, and examinations used for certification shall be approved by the division. The passing score for the examination shall be established by the division.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.4. Use of “manager certified in food safety”.

No person shall use the title “manager certified in food safety” or in any way, represent themselves as a “manager certified in food safety” unless they shall hold a current certificate as provided in § 21-27-11.2 .

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.5. Recertification — Renewal.

Every holder of a certificate issued pursuant to these sections shall, every five (5) years, present evidence to the division of continued eligibility as established by regulations. All certificates issued pursuant to these sections shall expire every five (5) years on a date as established in the rules and regulations unless sooner suspended or revoked. Application for certification renewal shall be made as described in the rules and regulations. A renewal fee shall be required every five (5) years. Managers of municipal or state food establishments shall be exempt from payment of the fee set forth in this section.

History of Section. P.L. 1992, ch. 393, § 1; P.L. 2018, ch. 47, art. 7, § 6.

21-27-11.6. Requirements of food establishments.

1. Food establishments which prepare potentially hazardous foods shall employ at least one fulltime manager certified in food safety. Establishments who employ ten (10) or more full-time equivalent employees directly involved in food preparation shall be required to employ two (2) managers certified in food safety. Establishments who primarily serve the elderly and individuals with diminished immune systems shall have a manager certified in food safety present during preparation of all hot potentially hazardous foods.
2. Notwithstanding subsection (a) of this section, assisted living residences, licensed by the director of health pursuant to chapter 17.4 of title 23, which have a licensed capacity of twenty-five (25) or fewer residents and which employ five (5) or fewer full-time equivalent employees involved in preparation and serving of food, shall only be required to employ one full-time manager certified in food safety.
3. Once a manager certified in food safety terminates employment, establishments shall have sixty (60) days to employ a new manager certified in food safety, or have an individual enrolled in a division approved food manager certification program in food safety.
4. Notwithstanding subsection (a) of this section, assisted living residences, licensed by the director of health pursuant to chapter 17.4 of title 23, which have a licensed capacity of twenty-five (25) or fewer residents and which employ five (5) or fewer full-time equivalent employees involved in preparation and serving of food, shall only have fifteen (15) days to employ a new manager certified in food safety. However said time period may be extended by the division.

History of Section. P.L. 1992, ch. 393, § 1; P.L. 2003, ch. 229, § 1; P.L. 2003, ch. 318, § 1.

21-27-11.7. Issuance of certification.

The division shall certify managers in food safety who have met the requirements in §§ 21-27-11 — 21-27-11 .13 and in the rules and regulations.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.8. Exemptions.

The provisions of §§ 21-27-11 — 21-27-11 .13 shall not apply to:

1. Special events sponsored by city or town or nonprofit civic organizations such as, but not limited to, school sporting events, firefighter’s picnics, little league food booths, grange and church suppers, and fairs;
2. Temporary food services which have a frequency of less than six (6) events a year such as bazaars, bake sales, and suppers. Individuals responsible for temporary food operations preparing potentially hazardous foods shall be required to register with the division, obtain food safety informational brochures, and distribute these materials to the individuals engaged in food preparation for the event;
3. Itinerant vendors and other food establishments that serve only commercially pre-packaged foods, beverages, and commercially precooked potentially hazardous foods requiring no manual handling of the food product such as frankfurters;
4. Retail food stores and delicatessens where only cold foods are prepared;
5. Private homes, and bed and breakfast establishments.
6. Any private or public housing complex designated by the federal government as housing for the elderly located in this state, in connection with limited, not-for-profit sales of food to residents of the complex.
7. Private clubs which do not charge the general public for the sale of food or beverages which serve less than twenty (20) at any one time, and serve less than one hundred (100) meals per month.

History of Section. P.L. 1992, ch. 393, § 1; P.L. 1995, ch. 81, § 1; P.L. 1999, ch. 287, § 1.

21-27-11.9. Rules and regulations.

The director shall make all necessary rules and regulations for:

1. The filing of applications for certification;
2. The qualifications and responsibilities of applicants, training instructors, and managers certified in food safety; and
3. The administration and enforcement of §§ 21-27-11 — 21-27-11 .13.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.10. Suspension or revocation of certification/training required.

Manager certification in food safety may be suspended or revoked for repeated violations of the rules and regulations of the state pertaining to food establishments or for preventing health department personnel from performing their duty. The individual shall surrender the certificate to the division when certification has been suspended or revoked. In lieu of suspension of certification, or of the establishment license, mandatory training may be required for managers employed in establishments where there is displayed an inability to maintain safe and sanitary food handling practices as demonstrated by food-borne illnesses, serious repeat violations, or other factors increasing the risk to consumers. The certificate or license holders at that establishment may be required to attend a training program approved by the department and repeat all requirements for certification. Under the conditions specified in this section, the department may also require all of the food establishment staff to attend a training program on food protection approved by the department.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.11. Administrative fines.

The division, after due notice and after opportunity for a hearing, shall have the right to levy administrative fines of up to five hundred dollars ($500) against any manager certified in food safety or food establishment who violates the provisions of the rules and regulations governing food establishments.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-11.12. Receipts.

The proceeds of any fees and administrative fines collected pursuant to the provisions of §§ 21-27-11 — 21-27-11 .13 shall be deposited as general revenues.

History of Section. P.L. 1992, ch. 393, § 1; P.L. 1995, ch. 370, art. 40, § 56.

21-27-11.13. Enforcement.

The director of health, or the director’s authorized agents, shall enforce the provisions of this chapter.

History of Section. P.L. 1992, ch. 393, § 1.

21-27-12. Outdoor dining — Dogs permitted.

1. A restaurant with an outdoor dining area may allow a patron’s dog to accompany the patron in the outdoor dining area during the hours designated by the owner of the restaurant.
2. The owner of a restaurant:
   1. Shall determine the location and the amount of space in the outdoor dining area designated for a patron accompanied by a dog;
   2. May establish limits on the size and type of dogs and any other limitations relating to dogs that may accompany a patron into the outdoor dining area of a restaurant;
   3. May deny entry to the restaurant or eject from the restaurant any patron accompanied by a dog at the discretion of the owner; and
   4. Shall place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person and that is in a location that is plainly visible to the patrons of the restaurant notifying the patrons of the policy of the restaurant allowing dogs in the outdoor dining area.
3. A patron accompanied by a dog:
   1. Shall not allow the dog to travel through an indoor space of a restaurant to enter or exit an outdoor dining area;
   2. Shall keep the dog on a leash at all times with the patron at the table at which the patron is seated;
   3. Shall not leave the dog unattended at any time in the restaurant;
   4. Shall be an adult who is responsible for the behavior of the dog; and
   5. Shall be liable for any damages caused by the dog to the restaurant or any other patron of the restaurant.
4. This section shall not affect the right of an individual to use a service animal as provided by the Rhode Island general laws.

History of Section. P.L. 2016, ch. 502, § 1.

21-27.1-1. Short title.

This chapter shall be known as “The Plastic Recycling and Litter Act”.

History of Section. P.L. 1988, ch. 598, § 1.

21-27.1-2. Products produced with chlorofluorocarbons prohibited.

No disposable prepared food service products shall be purchased or sold in this state if they have been produced with chlorofluorocarbons.

History of Section. P.L. 1988, ch. 598, § 1.

21-27.1-3. Plastic recycling and litter commission.

1. There is created a permanent commission consisting of thirteen (13) members: one of whom shall be the director of the department of environmental management or his or her designee, who shall act as chairperson of the commission; one of whom shall be the director of the solid waste management corporation or his or her designee; one of whom shall be the chairperson of the source reduction task force or his or her designee; one of whom shall be a state senator appointed by the president of the senate; one of whom shall be a state representative appointed by the speaker; one of whom shall be a representative of the plastic packaging industry, appointed by the governor; one of whom shall be a distributor of plastic/foam food service products, appointed by the lieutenant governor; one of whom shall be a retailer who sells plastic/foam food service products, appointed by the president of the senate; one of whom shall be a fast food service representative or owner, appointed by the speaker; one of whom shall be a representative of a hospital or hospital organization, appointed by the governor; two (2) of whom shall be representatives of environmental groups involved with litter issues; one of whom shall be appointed by the lieutenant governor and the other appointed by the president of the senate; one of whom shall be a representative from an educational institution food service, appointed by the speaker.
2. The purpose of the commission shall be to produce a plan which will provide for the maximum recycling of plastic and foam food service products. For those products which cannot be recycled, the commission will develop guidelines for the use of photodegradable and biodegradable products wherever feasible.
3. The commission shall monitor the plan and guidelines and study and update its findings and recommendations on a continuing basis.

History of Section. P.L. 1989, ch. 542, § 98; P.L. 1990, ch. 234, § 1; P.L. 2001, ch. 180, § 21; P.L. 2002, ch. 292, § 53.

21-27.2-1. Definitions.

As used in this chapter:

1. “Food service establishment” shall have the meaning set forth in § 21-27-1 .
2. “Single-use plastic straw” means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. “Single-use plastic straw” does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.

History of Section. P.L. 2021, ch. 203, § 1, effective January 1, 2022; P.L. 2021, ch. 202, § 1, effective January 1, 2022.

21-27.2-2. Prohibited practices exception.

A food service establishment shall not provide a single-use plastic straw to a consumer unless requested by the consumer.

History of Section. P.L. 2021, ch. 203, § 1, effective January 1, 2022; P.L. 2021, ch. 202, § 1, effective January 1, 2022.

21-27.2-3. Penalties.

The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall be punishable by a fine of twenty-five dollars ($25.00) for each violation by the service establishment, but not to exceed three hundred dollars ($300) annually.

History of Section. P.L. 2021, ch. 203, § 1, effective January 1, 2022; P.L. 2021, ch. 202, § 1, effective January 1, 2022.

21-27.2-4. Enforcement.

The director of health shall promulgate and adopt such rules and regulations as may be necessary to enforce the provisions of this chapter.

History of Section. P.L. 2021, ch. 203, § 1, effective January 1, 2022; P.L. 2021, ch. 202, § 1, effective January 1, 2022.

21-28-1 — 21-28-68. Repealed.

21-28-1.01. Short title and declaration.

1. This chapter may be cited as the “Rhode Island Controlled Substances Act”, and shall be so interpreted and construed as to effectuate its general purpose.
2. The general purposes of this chapter are as follows:
   1. To establish a more rational system of regulating substances which may pose a danger to the public health;
   2. To create a system for classifying the substances relative to their abuse potential, their medical utility, and their likelihood of creating dependency;
   3. To fix penalties for the sale, possession, or manufacture of substances which are in proportion to their danger to the public health;
   4. To develop a system of tracing the flow of substances in commerce and in health as to prevent their improper diversion;
   5. To establish and define the powers of investigation, enforcement, and adjudication required to implement the above purposes; and to establish a system of substances control which is, to the extent possible, uniform with the laws of the United States and of its states.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-1.02. Definitions. [Effective until January 1, 2023.]

Unless the context otherwise requires, the words and phrases as defined in this section are used in this chapter in the sense given them in the following definitions:

1. “Administer” refers to the direct application of controlled substances to the body of a patient or research subject by:
   1. A practitioner, or, in his or her presence by his or her authorized agent; or
   2. The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means.
2. “Agent” means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier’s or warehouse operator’s business.
3. “Apothecary” means a registered pharmacist as defined by the laws of this state and, where the context requires, the owner of a licensed pharmacy or other place of business where controlled substances are compounded or dispensed by a registered pharmacist; and includes registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be construed as conferring on a person who is not registered as a pharmacist any authority, right, or privilege that is not granted to him or her by the pharmacy laws of the state.
4. “Automated data processing system” means a system utilizing computer software and hardware for the purposes of record keeping.
5. “Certified law enforcement prescription drug diversion investigator” means a certified law enforcement officer assigned by his or her qualified law enforcement agency to investigate prescription drug diversion.
6. “Computer” means programmable electronic device capable of multi-functions, including, but not limited to: storage, retrieval, and processing of information.
7. “Control” means to add a drug or other substance or immediate precursor to a schedule under this chapter, whether by transfer from another schedule or otherwise.
8. “Controlled substance” means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.
9. “Co-prescribing” means issuing a prescription for an opioid antagonist along with a prescription for an opioid analgesic.
10. “Counterfeit substance” means a controlled substance that, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than the person or persons who in fact manufactured, distributed, or dispensed the substance and that thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or represented to be one of the controlled substances by a manufacturer, distributor, or dispenser.
11. “CRT” means cathode ray tube used to impose visual information on a screen.
12. “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship.
13. “Department” means the department of health of this state.
14. “Depressant or stimulant drug” means:
    1. A drug that contains any quantity of:
       1. Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; and
       2. “Barbiturate” or “barbiturates” includes all hypnotic and/or somnifacient drugs, whether or not derivatives of barbituric acid, except that this definition shall not include bromides and narcotics.
    2. A drug that contains any quantity of:
       1. Amphetamine or any of its optical isomers;
       2. Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them.
    3. A drug that contains any quantity of coca leaves. “Coca leaves” includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine or ecgonine may be synthesized or made.
    4. Any other drug or substance that contains any quantity of a substance that the attorney general of the United States, or the director of health, after investigation, has found to have, or by regulation designates as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system.
15. “Director” means the director of health.
16. “Dispense” means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery.
17. “Dispenser” is a practitioner who delivers a controlled substance to the ultimate user or human research subject.
18. “Distribute” means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. “Distributor” means a person who so delivers a controlled substance or an imitation controlled substance.
19. “Downtime” means that period of time when a computer is not operable.
20. “Drug addicted person” means a person who exhibits a maladaptive pattern of behavior resulting from drug use, including one or more of the following: impaired control over drug use; compulsive use; and/or continued use despite harm, and craving.
21. “Drug Enforcement Administration” means the Drug Enforcement Administration, United States Department of Justice or its successor.
22. “Federal law” means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that federal act.
23. “Hardware” means the fixed component parts of a computer.
24. “Hospital” means an institution as defined in chapter 17 of title 23.
25. “Imitation controlled substance” means a substance that is not a controlled substance, that by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance and, which imitation controlled substances contain substances that if ingested, could be injurious to the health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an “imitation controlled substance” (for example in the case of powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to “representations made” in determining whether the substance is an “imitation controlled substance”:
    1. Statement made by an owner, possessor, transferor, recipient, or by anyone else in control of the substance concerning the nature of the substance, or its use or effect.
    2. Statements made by the owner, possessor, or transferor, to the recipient that the substance may be resold for substantial profit.
    3. Whether the substance is packaged in a manner reasonably similar to packaging of illicit controlled substances.
    4. Whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable value of the non-controlled substance.
26. “Immediate precursor” means a substance:
    1. That the director of health has found to be, and by regulation designated as being, the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;
    2. That is an immediate chemical intermediary used, or likely to be used, in the manufacture of those controlled substances; and
    3. The control of which is necessary to prevent, curtail, or limit the manufacture of that controlled substance.
27. “Laboratory” means a laboratory approved by the department of health as proper to be entrusted with controlled substances and the use of controlled substances for scientific and medical purposes and for the purposes of instruction.
28. “Manufacture” means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice.
29. “Manufacturer” means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions.
30. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination. Marijuana shall not include “industrial hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of title 2, nor shall it include products that have been approved for marketing as a prescription medication by the U.S. Food and Drug Administration and legally prescribed.
31. “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
    1. Opium and opiates.
    2. A compound, manufacture, salt, derivative, or preparation of opium or opiates.
    3. A substance (and any compound, manufacture, salt, derivative, or preparation of it) that is chemically identical with any of the substances referred to in subsections 31(i) and (31)(ii).
    4. Any other substance that the attorney general of the United States, or his or her successor, or the director of health, after investigation, has found to have, and by regulation designates as having, a potential for abuse similar to opium and opiates.
32. “Official written order” means an order written on a form provided for that purpose by the Drug Enforcement Administration under any laws of the United States making provision for an official form, if order forms are authorized and required by federal law, and if no order form is provided, then on an official form provided for that purpose by the director of health.
33. “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.
34. “Opioid analgesics” means and includes, but is not limited to, the medicines buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well as their brand names, isomers, and combinations, or other medications approved by the department.
35. “Opioid antagonist” means naloxone hydrochloride and any other drug approved by the United States Food and Drug Administration for the treatment of opioid overdose.
36. “Opium poppy” means the plant of the species papaver somniferum L., except the seeds of the plant.
37. “Ounce” means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids.
38. “Person” means any corporation, association, partnership, or one or more individuals.
39. “Physical dependence” means a state of adaptation that is manifested by a drug class specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and/or administration of an antagonist.
40. “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
41. “Practitioner” means:
    1. A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
    2. A pharmacy, hospital, or other institution licensed, registered, or permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
42. “Printout” means a hard copy produced by computer that is readable without the aid of any special device.
43. “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
44. “Qualified law enforcement agency” means the U.S. Food and Drug Administration, Drug Enforcement Administration, Federal Bureau of Investigation, Office of Inspector General of the U.S. Department of Health & Human Services, or the Medicaid Fraud and Patient Abuse Unit in the Office of the Attorney General.
45. “Researcher” means a person authorized by the director of health to conduct a laboratory as defined in this chapter.
46. “Sell” includes sale, barter, gift, transfer, or delivery in any manner to another, or to offer or agree to do the same.
47. “Software” means programs, procedures, and storage of required information data.
48. “Synthetic drugs” means any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in schedule I.
49. “Ultimate user” means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household.
50. “Wholesaler” means a person who sells, vends, or distributes at wholesale, or as a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled substance.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1986, ch. 215, § 1; P.L. 2005, ch. 93, § 1; P.L. 2005, ch. 104, § 1; P.L. 2013, ch. 326, § 1; P.L. 2013, ch. 404, § 1; P.L. 2017, ch. 262, § 1; P.L. 2017, ch. 263, § 1; P.L. 2018, ch. 183, § 1; P.L. 2018, ch. 277, § 1; P.L. 2019, ch. 88, art. 15, § 3; P.L. 2019, ch. 122, § 2; P.L. 2019, ch. 134, § 2.

21-28-1.02. Definitions. [Effective January 1, 2023.]

Unless the context otherwise requires, the words and phrases as defined in this section are used in this chapter in the sense given them in the following definitions:

1. “Administer” refers to the direct application of controlled substances to the body of a patient or research subject by:
   1. A practitioner, or, in his or her presence by his or her authorized agent; or
   2. The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means.
2. “Agent” means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier’s or warehouse operator’s business.
3. “Apothecary” means a registered pharmacist as defined by the laws of this state and, where the context requires, the owner of a licensed pharmacy or other place of business where controlled substances are compounded or dispensed by a registered pharmacist; and includes registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be construed as conferring on a person who is not registered as a pharmacist any authority, right, or privilege that is not granted to him or her by the pharmacy laws of the state.
4. “Automated data processing system” means a system utilizing computer software and hardware for the purposes of record keeping.
5. “Computer” means programmable electronic device capable of multi-functions, including, but not limited to: storage, retrieval, and processing of information.
6. “Control” means to add a drug or other substance or immediate precursor to a schedule under this chapter, whether by transfer from another schedule or otherwise.
7. “Controlled substance” means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.
8. “Co-prescribing” means issuing a prescription for an opioid antagonist along with a prescription for an opioid analgesic.
9. “Counterfeit substance” means a controlled substance that, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than the person or persons who in fact manufactured, distributed, or dispensed the substance and that thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or represented to be one of the controlled substances by a manufacturer, distributor, or dispenser.
10. “CRT” means cathode ray tube used to impose visual information on a screen.
11. “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship.
12. “Department” means the department of health of this state.
13. “Depressant or stimulant drug” means:
    1. A drug that contains any quantity of:
       1. Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; and
       2. “Barbiturate” or “barbiturates” includes all hypnotic and/or somnifacient drugs, whether or not derivatives of barbituric acid, except that this definition shall not include bromides and narcotics.
    2. A drug that contains any quantity of:
       1. Amphetamine or any of its optical isomers;
       2. Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them.
    3. A drug that contains any quantity of coca leaves. “Coca leaves” includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine or ecgonine may be synthesized or made.
    4. Any other drug or substance that contains any quantity of a substance that the attorney general of the United States, or the director of health, after investigation, has found to have, or by regulation designates as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system.
14. “Director” means the director of health.
15. “Dispense” means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery.
16. “Dispenser” is a practitioner who delivers a controlled substance to the ultimate user or human research subject.
17. “Distribute” means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. “Distributor” means a person who so delivers a controlled substance or an imitation controlled substance.
18. “Downtime” means that period of time when a computer is not operable.
19. “Drug addicted person” means a person who exhibits a maladaptive pattern of behavior resulting from drug use, including one or more of the following: impaired control over drug use; compulsive use; and/or continued use despite harm, and craving.
20. “Drug Enforcement Administration” means the Drug Enforcement Administration, United States Department of Justice or its successor.
21. “Federal law” means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that federal act.
22. “Hardware” means the fixed component parts of a computer.
23. “Hospital” means an institution as defined in chapter 17 of title 23.
24. “Imitation controlled substance” means a substance that is not a controlled substance, that by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance and, which imitation controlled substances contain substances that if ingested, could be injurious to the health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an “imitation controlled substance” (for example in the case of powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to “representations made” in determining whether the substance is an “imitation controlled substance”:
    1. Statement made by an owner, possessor, transferor, recipient, or by anyone else in control of the substance concerning the nature of the substance, or its use or effect.
    2. Statements made by the owner, possessor, or transferor, to the recipient that the substance may be resold for substantial profit.
    3. Whether the substance is packaged in a manner reasonably similar to packaging of illicit controlled substances.
    4. Whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable value of the non-controlled substance.
25. “Immediate precursor” means a substance:
    1. That the director of health has found to be, and by regulation designated as being, the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;
    2. That is an immediate chemical intermediary used or likely to be used in the manufacture of those controlled substances; and
    3. The control of which is necessary to prevent, curtail, or limit the manufacture of that controlled substance.
26. “Laboratory” means a laboratory approved by the department of health as proper to be entrusted with controlled substances and the use of controlled substances for scientific and medical purposes and for the purposes of instruction.
27. “Manufacture” means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice.
28. “Manufacturer” means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions.
29. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination. Marijuana shall not include “industrial hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of title 2, nor shall it include products that have been approved for marketing as a prescription medication by the U.S. Food and Drug Administration and legally prescribed.
30. “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
    1. Opium and opiates.
    2. A compound, manufacture, salt, derivative, or preparation of opium or opiates.
    3. A substance (and any compound, manufacture, salt, derivative, or preparation of it) that is chemically identical with any of the substances referred to in subsections (30)(i) and (30)(ii).
    4. Any other substance that the attorney general of the United States, or his or her successor, or the director of health, after investigation, has found to have, and by regulation designates as having, a potential for abuse similar to opium and opiates.
31. “Official written order” means an order written on a form provided for that purpose by the Drug Enforcement Administration under any laws of the United States making provision for an official form, if order forms are authorized and required by federal law, and if no order form is provided then on an official form provided for that purpose by the director of health.
32. “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.
33. “Opioid analgesics” means and includes, but is not limited to, the medicines buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well as their brand names, isomers, and combinations, or other medications approved by the department.
34. “Opioid antagonist” means naloxone hydrochloride and any other drug approved by the United States Food and Drug Administration for the treatment of opioid overdose.
35. “Opium poppy” means the plant of the species papaver somniferum L., except the seeds of the plant.
36. “Ounce” means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids.
37. “Person” means any corporation, association, partnership, or one or more individuals.
38. “Physical dependence” means a state of adaptation that is manifested by a drug class specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and/or administration of an antagonist.
39. “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
40. “Practitioner” means:
    1. A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
    2. A pharmacy, hospital, or other institution licensed, registered or permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
41. “Printout” means a hard copy produced by computer that is readable without the aid of any special device.
42. “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
43. “Researcher” means a person authorized by the director of health to conduct a laboratory as defined in this chapter.
44. “Sell” includes sale, barter, gift, transfer, or delivery in any manner to another, or to offer or agree to do the same.
45. “Software” means programs, procedures, and storage of required information data.
46. “Synthetic drugs” means any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in schedule I.
47. “Ultimate user” means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household.
48. “Wholesaler” means a person who sells, vends, or distributes at wholesale, or as a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled substance.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1986, ch. 215, § 1; P.L. 2005, ch. 93, § 1; P.L. 2005, ch. 104, § 1; P.L. 2013, ch. 326, § 1; P.L. 2013, ch. 404, § 1; P.L. 2017, ch. 262, § 1; P.L. 2017, ch. 263, § 1; P.L. 2018, ch. 183, § 1; P.L. 2018, ch. 277, § 1; P.L. 2019, ch. 88, art. 15, § 3; P.L. 2019, ch. 122, § 2; P.L. 2019, ch. 134, § 2.

21-28-2.01. Authority to control — Registration requirements and procedures.

1. 1. The director of health shall control all substances enumerated in § 21-28-2.08 or may by motion or on the petition of any interested party pursuant to the procedures of chapter 35 of title 42, the Administrative Procedures Act, add, reschedule, or delete a substance as a controlled substance. In making this determination, the director of health shall consider, but not be limited to the following:
      1. ( Its actual or relative potential for abuse;
      2. Scientific evidence of its pharmacological effect if known;
      3. State of current scientific knowledge regarding the substance;
      4. Its history and current pattern of abuse;
      5. The scope, duration, and significance of abuse;
      6. What, if any, risk there is to the public health;
      7. Its psychic or physiological dependence liability;
      8. Whether the substance is an immediate precursor of a substance already controlled under this chapter.
   2. After considering the factors in subdivision (1) of this section the director of health shall make findings with respect to these factors and shall issue an order controlling the substance if it is found that the substance has potential for abuse.
2. If the director of health designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
3. If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice of that action is given to the director of health, he or she shall similarly control the substance under this chapter after the expiration of sixty (60) days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that sixty (60) day period, the director of health objects to inclusion, rescheduling, or deletion. In that case, the director of health shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the director of health shall publish his or her decision, which shall be final unless altered by statute. The director of health shall publish and file his or her decision with the secretary of state. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the director of health, control under this chapter is stayed until the director of health publishes his or her decision.
4. The following persons need not register and may lawfully possess controlled substances under this chapter:
   1. An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he or she is acting in the usual course of his or her business or employment;
   2. A common or contract carrier or warehouse operator, or an employee of a carrier or warehouse operator, whose possession of any controlled substance is in the usual course of business or employment;
   3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.
5. The director of health may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if he or she finds it consistent with the public health and safety.
6. A separate registration is required at each place of business where the applicant manufactures, distributes, or dispenses controlled substances. A separate registration is required at each place of professional practice at which a practitioner stores controlled substances. A practitioner may prescribe and administer controlled substances, upon registering with the director of health at the applicant’s principal place of professional practice.
7. The director of health or his or her authorized agent may inspect the establishment of a registrant or applicant for registration in accordance with his or her regulations.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1979, ch. 168, § 1.

21-28-2.02. Schedules of controlled substances — Establishment.

1. There are established five (5) schedules of controlled substances, to be known as schedules I, II, III, IV, and V.
2. The schedules I, II, III, IV, and V shall, unless and until amended pursuant to this chapter, consist of: those enumerated in this article and include substances to be controlled by rule and/or regulation of the director of health as published, except all substances in schedules II, III, IV, and V will require a prescription to be dispensed by an apothecary in the state of Rhode Island; provided, that a prescription will not be required in the following cases: administering, dispensing, or selling at retail of any medicinal preparation that contains in one fluid ounce or if a solid or semi-solid preparation, in one avoirdupois ounce, not more than thirty and one-tenth (30.1) milligrams of opium. Notwithstanding the definition of the word opium contained in any other general or special law, the word opium for purposes of this section shall be as defined in the official United States pharmacopoeia. The prescription exemption authorized by this section shall be subject to the following conditions: (1) That the medicinal preparation administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone;

   (2) That the preparation shall be administered, dispensed, or sold in good faith as a medicine and not for the purpose of evading the provisions of this chapter, and provided the preparation shall be dispensed or sold only to a person who shall sign his or her name and address in a legible manner in a record book to be kept for that purpose by the seller.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.03. Schedule I tests.

The director of health shall place a substance in schedule I if he or she finds that the substance:

1. Has high potential for abuse; and
2. Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.04. Schedule II tests.

The director of health shall place a substance in schedule II if he or she finds that:

1. The substance has high potential for abuse;
2. The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
3. The abuse of the substance may lead to severe psychic or physical dependence.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.05. Schedule III tests.

The director of health shall place a substance in schedule III if he or she finds that:

1. The substance has a potential for abuse less than the substances listed in schedules I and II;
2. The substance has currently accepted medical use in treatment in the United States; and
3. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.06. Schedule IV tests.

The director of health shall place a substance in schedule IV if he or she finds that:

1. The substance has a low potential for abuse relative to substances in schedule III;
2. The substance has currently accepted medical use in treatment in the United States; and
3. Abuse of the substances may lead to limited physical dependence or psychological dependence relative to the controlled substances in schedule III.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.07. Schedule V tests.

The director of health shall place a substance in schedule V if he or she finds that:

1. The substance has low potential for abuse relative to the controlled substances in schedule IV;
2. The substance has currently accepted medical use in treatment in the United States; and
3. The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule IV.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.08. Contents of schedules.

21-28-2.09. Exemption of compounds containing counteragents.

Nothing in this chapter shall apply to any compound, mixture, or preparation containing any depressant or stimulant drug in schedule II or in subsection (a) of schedule III or in schedule IV or V if: (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) these ingredients are included in the compound, mixture or preparation in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the drugs which do have a depressant or stimulant effect on the central nervous system.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-2.10. Exemption of dextromethorphan.

Dextromethorphan shall not be deemed to be included in any schedule unless controlled pursuant to the provisions of this article.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 2002, ch. 292, § 54.

21-28-3.01. Rules and regulations — Fees.

The director of health is authorized, empowered, and directed to make any rules and regulations consistent with the provisions of this chapter and to provide any fees for licenses, registrations, and forms that he or she may deem proper to promote the enforcement of this chapter.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.02. Registration requirements.

1. Every person who manufactures, distributes, prescribes, administers, or dispenses any controlled substance within this state, or who proposes to engage in the manufacture, distribution, prescribing, administering, or dispensing of any controlled substance within this state, must obtain annually a registration issued by the director of health in accordance with his or her rules.
2. Persons registered by the director of health under this chapter to manufacture, distribute, prescribe, administer, dispense, or conduct research with those substances may do so to the extent authorized by their registration and in conformity with the other provisions of this chapter.
3. As a condition of the initial registration or renewal of the practitioner’s authority to prescribe controlled substances, all such practitioners shall be automatically registered with the prescription-drug-monitoring database maintained by the department of health.
4. By January 1, 2017, the director of health shall develop regulations for appropriate training in best prescribing practices needed for license renewal.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 2016, ch. 180, § 1; P.L. 2016, ch. 199, § 1.

21-28-3.03. Registration.

1. The director of health shall register an applicant to manufacture, distribute, prescribe, administer, or dispense controlled substances unless he or she determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the director of health may consider, but shall not be limited to, the following factors:
   1. Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
   2. Compliance with applicable federal, state, and local law;
   3. Conviction of a crime or plea of nolo contendere by the applicant of any state or federal law involving the sale of, trafficking in, or abuse of a controlled substance;
   4. Past experience in the manufacture, distribution, prescribing, administration, or dispensing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;
   5. Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
   6. Suspension or revocation of the applicant’s federal registration to manufacture, distribute, prescribe, administer, or dispense controlled substances as authorized by federal law.
2. Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in his or her registration.
3. Practitioners must be registered in accordance with subsection (a) of this section to prescribe, administer, and dispense any controlled substance or to conduct research with controlled substances in schedules II through V. The director of health need not require separate registration under this section for practitioners engaging in research with non-narcotic controlled substances in schedules II through V where the registrant is already registered under this chapter in another capacity. Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the director of health evidence of that federal registration.
4. Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 257, § 1.

21-28-3.04. Suspension or revocation of registration.

1. A registration to manufacture, distribute, prescribe, administer, or dispense a controlled substance may be suspended or revoked by the director of health upon a finding that the continuance of that registration would be inconsistent with the public interest. In considering the public interest, the director of health may consider, but shall not be limited to, the following factors:
   1. Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
   2. The registrant is not in compliance with applicable federal, state, or local law;
   3. The registrant has been convicted of a crime or has pleaded nolo contendere to a violation of any state or federal law;
   4. The registrant or registrant’s establishment lacks or cannot establish or maintain effective controls to guard against diversion of controlled substances;
   5. That the applicant or registrant has furnished false or fraudulent material information in any application filed under this chapter;
   6. That the registrant has had his or her federal registration to manufacture, distribute, prescribe, administer, or dispense controlled substances suspended or revoked;
   7. Abuse or excessive use of controlled substances by the registrant; or
   8. Possessing, using, prescribing, dispensing, or administering controlled substances except for a legitimate medical or scientific purpose.
2. The director of health may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
3. If the director of health suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under embargo. No disposition may be made of substances under embargo until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application for the court order, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances or the proceeds of the sale of the controlled substances shall be forfeited to the state.
4. The director of health shall promptly notify the Drug Enforcement Administration of all orders or revoking registration and all forfeitures of controlled substances.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 257, § 1.

21-28-3.05. Order to show cause.

1. Before denying, suspending, or revoking a registration, or refusing a renewal of a registration, the director of health shall serve upon the applicant or registrant an order to show cause why the registration should not be denied, revoked, or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis of the order and shall call upon the applicant or registrant to appear before the director of health at a time and place stated in the order but in no event less than thirty (30) days after the date of receipt of the order. Proceedings to deny, suspend, or revoke shall be conducted pursuant to this section in accordance with chapter 35 of title 42, the Administrative Procedures Act. The proceedings shall be independent of, and not in lieu of, criminal prosecution or other proceedings under this chapter or any law of the state.
2. The director of health may suspend for a period of ten (10) days any registration simultaneously with the institution of proceedings under this section in cases where he or she finds that there is an imminent danger to the public health or safety. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review of them, unless sooner withdrawn by the director of health or dissolved by a court of competent jurisdiction.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 2002, ch. 292, § 54.

21-28-3.06. License required for manufacture.

No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare controlled substances, and no person as a wholesaler shall supply controlled substances, without first having obtained a license to do so from the director of health.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.07. Qualifications for licensees.

1. No license shall be issued under § 21-28-3.06 unless and until the applicant for the license has furnished proof satisfactory to the department:
   1. That the applicant is of good moral character or, if the applicant is an association or corporation, that the managing officers are of good moral character.
   2. That the applicant is equipped as to land, buildings, and paraphernalia to properly carry on the business prescribed in his or her application.
   3. That the applicant maintains effective controls against diversion of controlled substances into other than legitimate channels.
2. No license shall be granted to any person who has within five (5) years been convicted of a willful violation of any law of the United States or of any state relating to controlled substances.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.08. Disposition of license fees.

All fees for licenses and registrations under this chapter shall be turned over to the general treasurer for the use of the state.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.09. Denial, revocation, or suspension of licenses.

1. A license to manufacture, distribute, or dispense a controlled substance, may be suspended or revoked by the director of health upon finding that the licensee:
   1. Has materially falsified any application filed pursuant to this chapter or required by this chapter;
   2. Has been convicted of any violation of the provisions of this chapter or any law of the United States or of any state relating to any substances defined in this chapter as a controlled substance;
   3. Has had his or her federal registration suspended or revoked by competent federal law to engage in the manufacture, distribution, or dispensing of controlled substances; or
   4. Has violated any provisions of this chapter.
2. The director of health may limit revocation or suspension of a license to a particular controlled substance with respect to which grounds for revocation or suspension exist.
3. Before taking action pursuant to this section or pursuant to a denial of license under this section, the director of health shall serve upon the applicant or licensee an order to show cause why license should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis of the order and shall call upon the applicant or licensee to appear before the director of health at a time and place stated in the order but in no event less than thirty (30) days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with chapter 35 of title 42, the Administrative Procedures Act. The proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this chapter or any law of the state.
4. The director of health may suspend for a period of ten (10) days any license simultaneously with the institution of proceedings under this section in cases where he or she finds that there is an imminent danger to the public safety or health. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review of them, unless sooner withdrawn by the director of health or dissolved by a court of competent jurisdiction.
5. In the event the director of health suspends or revokes a license granted under this chapter, all controlled substances owned or possessed by the licensee pursuant to the licensure at the time of suspension or the effective date of the revocation order, as the case may be, may be placed under embargo by the director of health. No disposition may be made of substances under embargo until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application for the court order, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon revocation order becoming final, all controlled substances shall be forfeited to the director of health for destruction.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.10. Authorized sales by manufacturers and wholesalers on official written orders.

A duly licensed manufacturer or wholesaler may sell and distribute controlled substances on official written orders to any of the following persons:

1. To a manufacturer or wholesaler;
2. To a practitioner;
3. To a person in charge of a hospital, but only for use by or in that hospital;
4. To a person in charge of a laboratory, but only for use by or in that laboratory;
5. To any other person lawfully permitted to possess controlled substances under federal law.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.11. Form, delivery, and preservation of official written orders.

1. An official written order for any controlled substance shall be signed in duplicate by the person giving the order or by his or her duly authorized agent. The original shall be presented to the person who sells or distributes the controlled substances named in it. In the event of the acceptance of the order by that person, each party to the transaction shall preserve his or her copy of the order for a period of two (2) years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter. It shall be deemed a compliance with this section if the parties to the transaction have complied with the federal law respecting the requirements governing the use of order forms.
2. Nothing in this section shall be construed as prohibiting the person giving the order, or his or her duly authorized agent, from presenting said order to the person who sells or distributes the controlled substances named in it by use of facsimile transmission.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 2014, ch. 481, § 1; P.L. 2014, ch. 532, § 1.

21-28-3.12. Records of controlled substances used in professional practice.

Every practitioner or other person who is authorized to administer or professionally use controlled substances shall keep a record of controlled substances received by him or her, and a record of all controlled substances administered, dispensed, or professionally used by him or her; other than by prescription.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.13. Records of manufacturers and wholesalers.

Manufacturers and wholesalers shall keep records of all controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all controlled substances received and disposed of by them in accordance with the provisions of this chapter.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.14. Records of apothecaries.

Apothecaries shall keep records of all controlled substances received and disposed of by them, as provided in this chapter.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.15. Records of vendors of schedule V substances.

Every person who purchases for resale, or who sells controlled substances listed in schedule V excepted by this chapter, shall keep a record showing the quantities and kinds of controlled substances received and sold, or disposed of otherwise, in accordance with the provisions of this chapter.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.16. Form, content, and preservation of records.

1. 1. The form of records and who shall keep the records shall be prescribed by the director of health. The records of controlled substances received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of controlled substances received.
   2. A manufacturer shall maintain on a current basis a complete and accurate record of all controlled substances manufactured, sold, delivered, or otherwise disposed of by him or her. The records shall be reported to the director of health monthly.
   3. A wholesaler shall maintain on a current basis a complete and accurate record of all controlled substances sold, delivered, or disposed of by him or her. The records shall be reported to the director of health monthly.
   4. All persons authorized to handle controlled substances under this chapter shall immediately report to the director of health all controlled substances lost, destroyed, or stolen, and the kind and quantity of the controlled substances and the date of the discovery of the loss, destruction or theft.
2. The record of all controlled substances sold, administered, dispensed, or disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of the controlled substance. Every record shall be kept for a period of two (2) years from the date of the transaction recorded. The keeping of a record required by or under the federal law, containing substantially the same information as is specified in this section, shall constitute compliance with this section. All persons authorized to handle controlled substances shall conduct a biannual inventory of all controlled substances.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.17. Records open to inspection.

All records required to be kept under the provisions of this chapter shall at all times be open to inspection by the director of health and by the authorized agents of the director of health.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.18. Prescriptions.

1. An apothecary in good faith may sell and dispense controlled substances in schedules II, III, IV, and V to any person upon a valid prescription by a practitioner licensed by law to prescribe or administer those substances; dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient to whom, or of the owner of the animal for which, the substance is dispensed; and the full name, address, and registration number under the federal law of the person prescribing, if he or she is required by that law to be registered. If the prescription is for an animal, it shall state the species of the animal for which the substance is prescribed.
2. When filling a hard-copy prescription for a schedule II controlled substance, the apothecary filling the prescription shall sign his or her full name and shall write the date of filling on the face of the prescription.
3. The prescription shall be retained on file by the proprietor of the pharmacy in which it was filled for a period of two (2) years so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter.
4. 1. Hard-copy prescriptions for controlled substances in schedule II shall be filed separately and shall not be refilled.
   2. The director of health shall, after appropriate notice and hearing pursuant to § 42-35-3 , promulgate rules and regulations for the purpose of adopting a system for electronic data transmission of prescriptions for controlled substances in schedules II, III, IV, and V. Opioid antagonists, including, but not limited to, naloxone, as may be further determined by rules and regulations, shall be transmitted with controlled substances in schedules II, III, IV, and V. Provided, information collected regarding dispensing of opioid antagonists shall be for statistical, research, or educational purposes only. The department’s rules and regulations shall require the removal of patient, recipient, or prescriber information that could be used to identify individual patients or recipients of opioid antagonists.
   3. A practitioner shall sign and transmit electronic prescriptions for controlled substances in schedules II, III, IV, and V to a pharmacy in accordance with rules and regulations as shall be promulgated by the department and which shall require electronic transmission no sooner than January 1, 2020, and a pharmacy may dispense an electronically transmitted prescription for these controlled substances in accordance with the code of federal regulations, 21 C.F.R., pt. 1300, et seq.
5. Subject to the rules and regulations promulgated by the department pursuant to subsection (d)(3) of this section, a prescription for a schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by the practitioner, or practitioner’s agent, to the pharmacy by facsimile. The facsimile will serve as the original prescription.
6. Subject to the rules and regulations promulgated by the department pursuant to subsection (d)(3) of this section, a prescription for a schedule II substance for a resident of a long-term-care facility may be transmitted by the practitioner, or the practitioner’s agent, to the dispensing pharmacy by facsimile. The facsimile serves as the original prescription.
7. Subject to the rules and regulations promulgated by the department pursuant to subsection (d)(3) of this section, a prescription for a schedule II narcotic substance for a patient residing in a hospice certified by Medicare under title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq., or licensed by the state, may be transmitted by the practitioner, or practitioner’s agent, to the dispensing pharmacy by facsimile. The practitioner, or the practitioner’s agent, will note on the prescription that the patient is a hospice patient. The facsimile serves as the original, written prescription.
8. An apothecary, in lieu of a written prescription, may sell and dispense controlled substances in schedules III, IV, and V to any person upon an oral prescription of a practitioner. In issuing an oral prescription, the prescriber shall furnish the apothecary with the same information as is required by subsection (a) of this section and the apothecary who fills the prescription shall immediately reduce the oral prescription to writing and shall inscribe the information on the written record of the prescription made. This record shall be filed and preserved by the proprietor of the pharmacy in which it is filled in accordance with the provisions of subsection (c) of this section. In no case may a prescription for a controlled substance listed in schedules III, IV, or V be filled or refilled more than six (6) months after the date on which the prescription was issued and no prescription shall be authorized to be refilled more than five (5) times. Each refilling shall be entered on the face or back of the prescription and note the date and amount of controlled substance dispensed and the initials or identity of the dispensing apothecary.
9. In the case of an emergency situation as defined in federal law, an apothecary may dispense a controlled substance listed in schedule II upon receiving an oral authorization of a prescribing practitioner provided that:
   1. The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period and dispensing beyond the emergency period must be pursuant to a written prescription signed by the prescribing practitioner.
   2. The prescription shall be immediately reduced to writing and shall contain all the information required in subsection (a).
   3. The prescription must be dispensed in good faith in the normal course of professional practice.
   4. Within seven (7) days after authorizing an emergency oral prescription, the prescribing practitioner shall cause a prescription for the emergency quantity prescribed to be delivered to the dispensing apothecary. The prescription shall have written on its face “authorization for emergency dispensing” and the date of the oral order. The prescription, upon receipt by the apothecary, shall be attached to the oral emergency prescription that had earlier been reduced to writing.
10. 1. The partial filling of a prescription for a controlled substance listed in schedule II is permissible, if the apothecary is unable to supply the full quantity called for in a prescription or emergency oral prescription and he or she makes a notation of the quantity supplied on the face of the prescription or oral emergency prescription that has been reduced to writing. The remaining portion of the prescription may be filled within seventy-two (72) hours of the first partial filling, however, if the remaining portion is not, or cannot be, filled within seventy-two (72) hours, the apothecary shall notify the prescribing practitioner. No further quantity may be supplied beyond seventy-two (72) hours without a new prescription.
    2. 1. A prescription for a schedule II controlled substance written for a patient in a long-term-care facility (LTCF), or for a patient with a medical diagnosis documenting a terminal illness, may be filled in partial quantities to include individual dosage units. If there is a question whether a patient may be classified as having a terminal illness, the pharmacist must contact the practitioner prior to partially filling the prescription. Both the pharmacist and the prescribing practitioner have a corresponding responsibility to assure that the controlled substance is for a terminally ill patient.
       2. The pharmacist must record on the prescription whether the patient is “terminally ill” or an “LTCF patient.” A prescription that is partially filled, and does not contain the notation “terminally ill” or “LTCF patient,” shall be deemed to have been filled in violation of this chapter.
       3. For each partial filling, the dispensing pharmacist shall record on the back of the prescription (or on another appropriate record, uniformly maintained, and readily retrievable), the:
          1. Date of the partial filling;
          2. Quantity dispensed;
          3. Remaining quantity authorized to be dispensed; and
          4. Identification of the dispensing pharmacist.
       4. The total quantity of schedule II controlled substances dispensed in all partial fillings must not exceed the total quantity prescribed.
       5. Schedule II prescriptions for patients in a LTCF, or patients with a medical diagnosis documenting a terminal illness, are valid for a period not to exceed sixty (60) days from the issue date, unless sooner terminated by the discontinuance of medication.
11. Automated data-processing systems.  As an alternative to the prescription record-keeping provision of subsection (h) of this section, an automated data-processing system may be employed for the record-keeping system if the following conditions have been met:
    1. The system shall have the capability of producing sight-readable documents of all original and refilled prescription information. The term “sight readable” means that an authorized agent shall be able to examine the record and read the information. During the course of an on-site inspection, the record may be read from the CRT, microfiche, microfilm, printout, or other method acceptable to the director. In the case of administrative proceedings, records must be provided in a paper printout form.
    2. The information shall include, but not be limited to, the prescription requirements and records of dispensing as indicated in subsection (h) of this section.
    3. The individual pharmacist responsible for completeness and accuracy of the entries to the system must provide documentation of the fact that prescription information entered into the computer is correct. In documenting this information, the pharmacy shall have the option to either:
       1. Maintain a bound logbook, or separate file, in which each individual pharmacist involved in the dispensing shall sign a statement each day attesting to the fact that the prescription information entered into the computer that day has been reviewed and is correct as shown. The book or file must be maintained at the pharmacy employing that system for a period of at least two (2) years after the date of last dispensing; or
       2. Provide a printout of each day’s prescription information. That printout shall be verified, dated, and signed by the individual pharmacist verifying that the information indicated is correct. The printout must be maintained at least two (2) years from the date of last dispensing.
    4. An auxiliary, record-keeping system shall be established for the documentation of refills if the automated data-processing system is inoperative for any reason. The auxiliary system shall ensure that all refills are authorized by the original prescription and that the maximum number of refills is not exceeded. When this automated data-processing system is restored to operation, the information regarding prescriptions filled and refilled during the inoperative period shall be entered into the automated data-processing system within ninety-six (96) hours.
    5. Any pharmacy using an automated data-processing system must comply with all applicable state and federal laws and regulations.
    6. A pharmacy shall make arrangements with the supplier of data-processing services or materials to ensure that the pharmacy continues to have adequate and complete prescription and dispensing records if the relationship with the supplier terminates for any reason. A pharmacy shall ensure continuity in the maintenance of records.
    7. The automated data-processing system shall contain adequate safeguards for security of the records to maintain the confidentiality and accuracy of the prescription information. Safeguards against unauthorized changes in data after the information has been entered and verified by the registered pharmacist shall be provided by the system.
12. Prescriptions for controlled substances as found in schedule II will become void unless dispensed within ninety (90) days of the original date of the prescription and in no event shall more than a thirty-day (30) supply be dispensed at any one time.
    1. In prescribing controlled substances in schedule II, practitioners may write up to three (3) separate prescriptions, each for up to a one-month supply, each signed and dated on the date written. For those prescriptions for the second and/or third month, the practitioner must write the earliest date each of those subsequent prescriptions may be filled, with directions to the pharmacist to fill no earlier than the date specified on the face of the prescription.
13. The prescriptions in schedules III, IV, and V will become void unless dispensed within one hundred eighty (180) days of the original date of the prescription. For purposes of this section, a “dosage unit” shall be defined as a single capsule, tablet, or suppository, or not more than one five (5) ml. of an oral liquid.
    1. Prescriptions in schedule III cannot be written for more than one hundred (100) dosage units and not more than one hundred (100) dosage units may be dispensed at one time. Provided, however, manufacturer prepackaged steroids and hormones in schedule III shall be exempt from this subsection.
    2. Prescriptions in schedules IV and V may be written for up to a ninety-day (90) supply based on directions. No more than three hundred and sixty (360) dosage units may be dispensed at one time.
14. A pharmacy shall transmit prescription information to the prescription-monitoring database at the department of health within one business day following the dispensing of an opioid prescription.
15. The pharmacist shall inform patients verbally or in writing about the proper disposal of expired, unused, or unwanted medications, including the location of local disposal sites as listed on the department of health website.
16. The pharmacist shall inform patients verbally or in writing in the proper use of any devices necessary for the administration of controlled substances.
17. 1. A healthcare professional authorized to issue prescriptions shall, prior to issuing an initial prescription for an opioid drug, specifically discuss with the patient who is eighteen (18) years of age or older, or the patient’s parent or guardian if the patient is under eighteen (18) years of age, the risks of developing a dependence or addiction to the prescription opioid drug and potential of overdose or death; the adverse risks of concurrent use of alcohol or other psychoactive medications and the patient’s or the minor patient’s parent or guardian’s responsibility to safeguard all medications; and, if the prescriber deems it appropriate, discuss such alternative treatments as may be available. For patients in recovery from substance dependence, education shall be focused on relapse risk factors. This discussion shall be noted in the patient’s record.
    2. The director of the department of health shall develop and make available to prescribers guidelines for the discussion required pursuant to this subsection.
    3. The discussion required under this subsection shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a licensed hospice.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1978, ch. 358, § 1; P.L. 1986, ch. 215, § 1; P.L. 1986, ch. 474, § 1; P.L. 1993, ch. 179, § 1; P.L. 1994, ch. 335, § 2; P.L. 1995, ch. 370, art. 4, § 1; P.L. 1997, ch. 30, art. 28, § 5; P.L. 1999, ch. 91, § 1; P.L. 1999, ch. 143, § 1; P.L. 2002, ch. 292, § 54; P.L. 2003, ch. 132, § 1; P.L. 2003, ch. 338, § 1; P.L. 2006, ch. 176, § 1; P.L. 2006, ch. 251, § 1; P.L. 2008, ch. 221, § 1; P.L. 2008, ch. 317, § 1; P.L. 2009, ch. 183, § 1; P.L. 2009, ch. 208, § 1; P.L. 2013, ch. 124, § 1; P.L. 2013, ch. 132, § 1; P.L. 2014, ch. 481, § 1; P.L. 2014, ch. 532, § 1; P.L. 2016, ch. 180, § 1; P.L. 2016, ch. 181, § 1; P.L. 2016, ch. 195, § 1; P.L. 2016, ch. 199, § 1; P.L. 2017, ch. 198, § 1; P.L. 2017, ch. 207, § 1; P.L. 2017, ch. 247, § 1; P.L. 2017, ch. 250, § 1; P.L. 2018, ch. 56, § 1; P.L. 2018, ch. 59, § 1.

21-28-3.19. Sale of stock on discontinuance of pharmacy business.

The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in the controlled substances, may sell the stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.20. Authority of practitioner to prescribe, administer, and dispense.

1. 1. A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, and dispense controlled substances, or he or she may cause the controlled substances to be administered by a nurse or intern under his or her direction and supervision.
   2. When issuing an initial prescription for an opiate to an adult patient, a practitioner shall not exceed the maximum daily dose requirements established by the department of health.
   3. Except as provided in subsection (a)(4) of this section, a practitioner shall not issue an opiate prescription to a minor for more than twenty (20) doses at any time. Prior to issuing an opiate prescription to a minor, a practitioner shall discuss with the parent or guardian of the minor the risks associated with opiate use and the reasons why the prescription is necessary. The practitioner shall document his or her discussion with the parent or guardian in the medical record.
   4. Notwithstanding the limitations referenced in subsection (a)(3) of this section, if, in the professional medical judgment of a practitioner, a greater dosage or supply of an opiate is required to treat the minor patient’s acute medical condition or is necessary for the treatment of chronic pain management, sickle cell related pain, intractable pain treatment as defined in chapter 37.4 of title 5, pain associated with a cancer diagnosis, or for palliative care, then the practitioner may issue a prescription for the quantity needed to treat the acute medical condition, chronic pain, sickle cell related pain, intractable pain, pain associated with a cancer diagnosis, or pain experienced while the patient is in palliative care, provided that this dosage shall not exceed the maximum daily dosage permitted for the treatment of this pain as set forth in the department of health regulations. The condition triggering the prescription of an opiate shall be documented in the minor patient’s medical record, and the practitioner shall indicate that a non-opiate alternative was not appropriate to address the medical condition.
   5. Notwithstanding subsections (a)(2) and (a)(3) of this section, this section shall not apply to medications designed for the treatment of substance abuse or opioid dependence.
2. The prescription-monitoring program shall be reviewed prior to starting any opioid. A prescribing practitioner, or designee as authorized by § 21-28-3.32(a)(3) , shall review the prescription-monitoring program prior to refilling or initiating opioid therapy with an intrathecal pump. For patients the prescribing practitioner is maintaining on continuous opioid therapy for pain for three (3) months or longer, the prescribing practitioner shall review information from the prescription-monitoring program at least every three (3) months. Documentation of that review shall be noted in the patient’s medical record.
3. The director of health shall develop regulations for prescribing practitioners on appropriate limits of opioid use in acute pain management. Initial prescriptions of opioids for acute pain management of outpatient adults shall not exceed thirty (30) morphine milligram equivalents (MMEs) total daily dose per day for a maximum total of twenty (20) doses, and, for pediatric patients, the appropriate opioid dosage maximum per the department of health.
4. For the purposes of this section, acute pain management shall not include chronic pain management, pain associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic intractable pain, as provided in § 5-37.4-2 , or other exception in accordance with department of health regulations.
5. Subsection (c) shall not apply to medications designed for the treatment of substance abuse or opioid dependence.
6. On or before September 1, 2018, the director of health shall develop, and make available to healthcare practitioners, information on best practices for co-prescribing opioid antagonists to patients. The best practices information shall identify situations in which co-prescribing an opioid antagonist may be appropriate, including, but not limited to:
   1. In conjunction with a prescription for an opioid medication, under circumstances in which the healthcare practitioner determines the patient is at an elevated risk for an opioid drug overdose;
   2. In conjunction with medications prescribed pursuant to a course of medication therapy management for the treatment of a substance use disorder involving opioids; or
   3. Under any other circumstances in which a healthcare practitioner identifies a patient as being at an elevated risk for an opioid drug overdose.
7. The best practices information developed pursuant to subsection (f) of this section shall include guidelines for determining when a patient is at an elevated risk for an opioid drug overdose, including, but not limited to, situations in which the patient:
   1. Meets the criteria provided in the opioid overdose toolkit published by the federal substance abuse and mental health service administration;
   2. Is receiving high-dose, extended-release, or long-acting opioid medications;
   3. Has a documented history of an alcohol or substance use disorder, or a mental health disorder;
   4. Has a respiratory ailment or other co-morbidity that may be exacerbated by the use of opioid medications;
   5. Has a known history of intravenous drug use or misuse of prescription opioids;
   6. Has received emergency medical care or been hospitalized for an opioid overdose; or
   7. Uses opioids with antidepressants, benzodiazepines, alcohol, or other drugs.
8. On or before September 1, 2018, the director of health and the secretary of the executive office of health and human services shall develop strategies that include:
   1. Allowing practitioners in non-pharmacy settings to prescribe and dispense opioid antagonists; and
   2. Ensuring that opioid antagonists that are distributed in a non-pharmacy setting are eligible for reimbursement from any health insurance carrier, as defined under chapters 18, 19, 20, and 41 of title 27, and the Rhode Island medical assistance program, as defined under chapter 7.2 of title 42.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1992, ch. 434, § 1; P.L. 1999, ch. 83, § 43; P.L. 1999, ch. 130, § 43; P.L. 2005, ch. 93, § 1; P.L. 2005, ch. 104, § 1; P.L. 2016, ch. 180, § 1; P.L. 2016, ch. 199, § 1; P.L. 2018, ch. 183, § 2; P.L. 2018, ch. 277, § 2; P.L. 2019, ch. 105, § 1; P.L. 2019, ch. 154, § 1; P.L. 2021, ch. 37, § 2, effective June 2, 2021; P.L. 2021, ch. 38, § 2, effective June 2, 2021.

21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense — Cancer, palliative care and chronic intractable pain.

1. A practitioner, in good faith and in the course of his or her professional practice managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic intractable pain as provided in § 5-37.4-2 , or other condition allowed by department of health regulations pursuant to the exception in § 21-28-3.20(d) , may prescribe, administer, and dispense controlled substances without regard to the 2016 CDC Guideline for Prescribing Opioids for Chronic Pain.
2. The director of health may promulgate those rules and regulations necessary to effectuate the provisions of this section and ensure that rules governing pain management associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic intractable pain as provided in § 5-37.4-2 , or other condition allowed by department of health regulations pursuant to the exception created in § 21-28-3.20(d) , shall:
   1. Take into consideration the individualized needs of patients covered by this section; and
   2. Make provisions for practitioners, acting in good faith, and in the course of their profession, and managing pain associated with their patients’ illness to use their best judgment notwithstanding any statute, rule, or regulation to the contrary.

History of Section. P.L. 2021, ch. 37, § 3, effective June 2, 2021; P.L. 2021, ch. 38, § 3, effective June 2, 2021.

21-28-3.21. Operation of treatment and rehabilitation programs for drug dependent persons.

The administering or dispensing directly, but not prescribing, of any controlled substance listed in any schedule to a drug dependent person for the purpose of continuing his or her dependence upon the drugs in the course of conducting an authorized clinical investigation in the development of a treatment and rehabilitation program for drug dependent persons shall be deemed to be within the meaning of the term “in the course of professional practice,” provided that:

1. Approval is obtained prior to the initiation of the program by submission of an application for approval to proper federal authorities; and
2. A license to operate the program within the state is obtained from the director of health.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.22. Administration, dispensation or use restricted to scope of employment or duty.

A person in charge of a hospital or a laboratory, or in the employ of this state, or of any other state, or of any political subdivision of a state, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his or her profession, or a retired commissioned medical officer of the United States Army, Navy, Air Force, or public health service employed upon that ship or aircraft who obtains controlled substances whether under the provisions of this chapter or otherwise, shall not administer nor dispense, nor use those controlled substances within this state, except within the scope of his or her employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this chapter.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.23. Advertising controlled substances.

No practitioner, manufacturer, or wholesaler shall solicit by public advertisement or otherwise application to him or her for prescription for, or sales of, controlled substances, or shall publicly advertise any treatment the principal element of which consists in the administering, dispensing, furnishing, giving away, or delivering of a controlled substance, except, that the manufacturer or wholesaler may advertise in journals and publications or by other means intended for circulation among the medical profession and drug trade generally.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.24. Examination before use of controlled substances.

No physician, dentist, osteopath, chiropodist, or veterinarian shall administer, dispense, or prescribe any controlled substance in schedules II, III, and IV, except after an original physical examination of the person for whom, or the animal for which the controlled substance is intended.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.25. Subpoena powers.

The director of health shall have power to administer oaths, summon and examine witnesses, and order the production and examination of books, accounts, papers, records, and documents in any proceedings within the jurisdiction of the department. All subpoenas, and orders for the production of books, accounts, papers, records, and documents shall be signed and issued by the director of health and served as subpoenas in civil cases in the superior court are now served, or in lieu of that service served by an officer, agent, or representative designated by the director of health. If the person subpoenaed before the director of health fails to obey the command of the subpoena without reasonable cause, or if a person in attendance before the director of health shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal or pertinent question, or if any person shall fail to produce the books, accounts, papers, records, and documents material to the issue, set forth in an order duly served on him or her, the director of health may apply to any justice of the superior court of any county, upon proof of affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing that person to show cause before the justice who made the order to any other justice why he or she should not be adjudged in contempt. Upon the return of the order the justice before whom the matter is brought on for a hearing shall examine under oath that person, and that person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents, material to the issue which he or she was ordered to bring or produce, he or she may immediately commit the offender to jail, there to remain until the offender submits to do the act which he or she was required to do, or is discharged according to law; provided, that no person testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.26. Labeling by manufacturers and wholesalers.

Whenever a manufacturer sells a controlled substance in packages designed for sale at retail and whenever a wholesaler sells or distributes a controlled substance in a package prepared by him or her, the manufacturer shall securely affix to each individual package in which that controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained in it. No person, except an apothecary for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1975, ch. 268, § 1.

21-28-3.27. Labeling by dispensing apothecaries.

Whenever an apothecary sells or dispenses any controlled substance on a prescription issued by a practitioner, he or she shall affix to the container in which the controlled substance is sold or dispensed, a label showing his or her own name and address, or the name, and address of the apothecary for whom he or she is lawfully acting; the label shall be printed, typed, or a combination of printed and typed, but shall not be hand written; the name and address of the patient, or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; the name of the practitioner by whom the prescription was written or ordered; the number of pills dispensed, and any directions that may be stated on the prescription. No person shall alter, deface, or remove any label so affixed.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1987, ch. 396, § 1; P.L. 1990, ch. 310, § 1; P.L. 1999, ch. 91, § 1; P.L. 1999, ch. 143, § 1.

21-28-3.28. Security requirements generally.

Security requirements for controlled substances shall be the same as those enumerated in federal law; provided, that the director of health may promulgate additional rules and regulations as required to prevent diversion of controlled substances.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-3.29. Repealed.

21-28-3.30. Persons exempt from restrictions on possession of controlled substances.

The provisions of this chapter restricting the possession and having control of controlled substances shall not apply to:

1. Common carriers or to warehouse operators while engaged in lawfully transporting or storing controlled substances, or to any employee of them acting within the scope of his or her employment;
2. Public officers or their employees in the performance of their official duties requiring possession or control of controlled substances;
3. Temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties, or emergency medical personnel in the performance of their official duties; or
4. Persons lawfully in possession or control by reason of a proper order, prescription, license, or registration.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1992, ch. 434, § 1.

21-28-3.31. Use of imitation controlled substance in research — Immunity.

No civil or criminal liability shall be imposed by virtue of this chapter on any practitioner, apothecary, or other person registered under this chapter who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research.

History of Section. P.L. 1982, ch. 151, § 2.

21-28-3.32. Electronic prescription database. [Effective until January 1, 2023.]

1. The information contained in any prescription-drug-monitoring database maintained by the department of health pursuant to § 21-28-3.18 shall be disclosed only:
   1. To a practitioner who certifies that the requested information is for the purpose of evaluating the need for, or providing medical treatment to, a current patient to whom the practitioner is prescribing or considering prescribing a controlled substance;
   2. To a pharmacist who certifies that the requested information is for a current client to whom the pharmacist is dispensing, or considering dispensing, a controlled substance;
   3. To an authorized designee of the practitioner and/or pharmacist to consult the prescription-drug-monitoring database on the practitioner’s and/or pharmacist’s behalf, or to a medical director of the practitioner’s practice for quality improvement activities within the practice, provided that:
      1. The designee so authorized is employed by the same professional practice or pharmacy;
      2. The practitioner or pharmacist takes reasonable steps to ensure that the designee is sufficiently competent in the use of the database;
      3. The practitioner or pharmacist remains responsible for ensuring that access to the database by the designee is limited to authorized purposes as provided for in subsections (a)(1) and (a)(2);
      4. The practitioner or pharmacist remains responsible for ensuring access to the database by the designee occurs in a manner that protects the confidentiality of information obtained from the database and remains responsible for any breach of confidentiality;
      5. The practitioner or pharmacist terminates the designee’s access to the database at the termination of the designee’s employment; and
      6. The ultimate decision as to whether or not to prescribe or dispense a controlled substance remains with the practitioner or pharmacist and is reasonably informed by the relevant, controlled-substance history information obtained from the database;
   4. Pursuant to a valid search warrant based on probable cause to believe a violation of federal or state criminal law has occurred and that specified information contained in the database would assist in the investigation of the crime;
   5. By a department employee to a certified law enforcement prescription drug diversion investigator of a qualified law enforcement agency for use in an investigation.
      1. A certified law enforcement prescription drug diversion investigator shall provide to the department the following information in order to receive information from the database:
         1. The identification credentials assigned by the department; and
         2. The case number of the investigation.
      2. A qualified law enforcement agency shall submit to the department quarterly reports of the data received by all certified law enforcement prescription drug diversion investigators in the qualified law enforcement agency, including, without limitation:
         1. Written verification that the inquiries were part of a lawful prescription drug diversion investigation as provided to the department through the case number of the investigation; and
         2. A brief description of each case closed during that quarter for which the qualified law enforcement agency used information from the database; and
         3. The disposition of the investigation.
      3. The department shall:
         1. Create a verification form for use under subsection (a)(5)(ii)(A) of this section; and
         2. Make the verification form available annually to the qualified law enforcement agency.
      4. The verification form under subsection (a)(5)(ii)(A) of this section shall be submitted to the department within thirty (30) days of receipt of the form by the qualified law enforcement agency.
      5. Failure to submit a verification form under subsection (a)(5)(iv) of this section shall result in the immediate suspension of disclosure of information from the database by the department to the qualified law enforcement agency and its certified law enforcement prescription drug diversion investigators until a determination is made by the department to allow continued disclosure.
      6. The director shall, beginning January 1, 2018, and annually thereafter, review disclosure of information pursuant to subsection (a)(5) of this section. Thereafter, the disclosure of information pursuant to subsection (a)(5) of this section shall automatically renew for successive one-year terms unless the director provides written notice to:
         1. The qualified law enforcement agencies; and
         2. The speaker of the house and the president of the senate, at least sixty (60) days in advance of the then-existing term’s end, that the department wishes to discontinue providing information from the database pursuant to this subsection. The director may reinstitute disclosure by providing written notice to the same parties;
   6. To a patient who requests his or her own prescription information, or the parent or legal guardian of a minor child who requests the minor child’s prescription information;
   7. To a health professional regulatory board that documents, in writing, that the requested information is necessary for an investigation related to licensure, renewal, or disciplinary action involving the applicant, licensee, or registrant to whom the requested information pertains;
   8. To any vendor or contractor with whom the department has contracted, pursuant to state purchasing law and regulations in the contracting of vendors, to establish or maintain the electronic system of the prescription-drug-monitoring database;
   9. To public or private entities for statistical, research, or educational purposes, after removing the patient and prescriber information that could be used to identify individual patients. This shall not include entities receiving a waiver from the institutional review board; or
   10. To any vendor, agent, contractor, or designee who or that operates an electronic health record or clinical-management system for the purpose of sharing data with practitioners, pharmacists, or licensed healthcare facilities or designees.
2. Information stored in the prescription-drug-monitoring database shall include only the following:
   1. Patient’s first and last name and/or patient identification number; provided, however, the patient’s social security number shall not be recorded in whole or in part, patient sex, patient date of birth, and patient address;
   2. Prescribing practitioner’s name and Drug Enforcement Administration prescriber-information number;
   3. Prescribing practitioner’s office or hospital contact information;
   4. Prescription name, prescription number, prescription species code, national drug code number, prescription dosage, prescription quantity, days’ supply, new-refill code, number of refills authorized, date the prescription was written, date the prescription was filled, payment type; provided, however, no credit card number shall be recorded in whole or in part; and
   5. The Drug Enforcement Administration pharmacy number of the pharmacy filling the prescription.
3. The department shall disclose any information relating to a patient maintained in the prescription-drug-monitoring database to that patient, at no cost to the patient, within thirty (30) business days after the department receives a written request from the patient for the information. This information shall include the records maintained by the department pursuant to subsection (e). Notwithstanding the above, the department may, at the request of the law enforcement agency, withhold, for up to sixty (60) days following the conclusion of a law enforcement investigation that has been confirmed by the department, the disclosure to the patient that information has been obtained pursuant to subsections (a)(4) and (a)(5) of this section.
4. A patient may request, from the dispensing pharmacy, correction of any inaccurate information contained within the prescription-drug-monitoring database in accordance with the procedure specified by § 5-37.3-5(c) .
5. The department shall, for the period of time that prescription information is maintained, maintain records of the information disclosed through the prescription-drug-monitoring database, including, but not limited to:
   1. The identity of each person who requests or receives information from the prescription-drug-monitoring database and the organization, if any, the person represents;
   2. The information released to each person or organization and the basis for its release under subsection (a); and
   3. The dates the information was requested and provided.
6. Prescription information contained within the prescription-drug-monitoring database shall be removed no later than five (5) years from the date the information is entered into the database. Records in existence prior to the enactment of this section shall be removed no later than ten (10) years from the date the information is entered into the database.
7. The department shall promptly notify any affected individual of an improper disclosure of information from the prescription-drug-monitoring database or a breach in the security of the prescription-drug-monitoring database that poses a significant risk of disclosure of patient information to an unauthorized individual.
8. At the time of signing a prescription that is required by the department to be entered into the prescription-drug-monitoring database, the prescribing practitioner shall inform the patient in writing of the existence of the prescription-drug-monitoring database; the patient’s right to access his or her own prescription information; and the name and contact information of the agency operating the program.
9. No person shall access information in the prescription-monitoring-database except to the extent and for the purposes authorized by subsection (a).
10. In any civil action allowing a violation of this chapter, the court may award damages, including punitive damages, and reasonable attorneys’ fees and costs to a prevailing plaintiff, and injunctive and any other appropriate relief.
11. Any pharmacist who, in his or her professional judgment, refuses to fill a prescription based on information contained within the prescription-drug-monitoring database shall inform the prescribing physician within twenty-four (24) hours.
12. All practitioners shall, as a condition of the initial registration or renewal of the practitioner’s authority to prescribe controlled substances, register with the prescription-drug-monitoring database maintained by the department of health.
13. The prescription-monitoring program shall be reviewed prior to starting any opioid. A prescribing practitioner, or designee as authorized by subsection (a)(3) of this section, shall review the prescription-monitoring program prior to refilling or initiating opioid therapy with an intrathecal pump. For patients the prescribing practitioner is maintaining on continuous opioid therapy for pain for three (3) months or longer, the prescribing practitioner shall review information from the prescription-monitoring program at least every three (3) months. Documentation of that review shall be noted in the patient’s medical record.
14. The department shall improve the usefulness and value of the prescription-drug-monitoring database program by increasing its analytical functionality, timeliness, and scope, such as by:
    1. Utilizing data from additional data sources as permissible under state and federal statutes;
    2. Analyzing information submitted to the prescription-drug-monitoring database to ensure that prescription data collected from dispensing pharmacists is readily accessible for a given patient; to identify unusual or aberrant patterns of prescribing, dispensing, or receiving controlled substances; and to generate an automatic alert when such patterns arise to automate standard reports; and to provide ad hoc reports on a real-time basis on this data as well as other data feeds. These reports shall comply with the patient confidentiality requirements of federal and state law;
    3. Developing regulations to ensure that prescription-drug-monitoring analyses are updated and disseminated regularly to appropriate officials and that summary reports are provided to the general assembly on or before February 1 of each year. Given the intent to decrease the number of Rhode Island citizens affected by opioid use, the department shall provide an interim report on the status of the directives included herein and any progress made as of October 1, 2016. In the development of the regulations, the department may include any of the following analytical functions, within the boundaries of patient confidentiality rights under state and federal law:
       1. Consolidate raw prescription data collected from dispensing pharmacists into a single view of all prescriptions filled for a given patient;
       2. Identify unusual or aberrant patterns of prescribing controlled substances, by relevant prescriber attributes, and generate an automatic alert when these patterns arise;
       3. Identify unusual or aberrant patterns of receiving prescriptions for controlled substances, by relevant patient attributes, and generate an automatic alert when these patterns arise;
       4. Identify unusual or aberrant patterns of dispensing controlled substances, by relevant dispenser attributes, and generate an automatic alert when these patterns arise;
       5. Identify and visually display linkages among prescribers, patients, and dispensers that can be used to detect any collusive behaviors; and
       6. The department shall apply for federal funding in support of the goals and objectives contained in this subsection.

History of Section. P.L. 2013, ch. 124, § 2; P.L. 2013, ch. 132, § 2; P.L. 2014, ch. 48, § 1; P.L. 2014, ch. 55, § 1; P.L. 2016, ch. 180, § 1; P.L. 2016, ch. 194, § 1; P.L. 2016, ch. 199, § 1; P.L. 2016, ch. 200, § 1; P.L. 2016, ch. 351, § 1; P.L. 2016, ch. 464, § 1; P.L. 2017, ch. 262, § 1; P.L. 2017, ch. 263, § 1; P.L. 2021, ch. 90, § 1, effective June 25, 2021.

21-28-3.32. Electronic prescription database. [Effective January 1, 2023.]

1. The information contained in any prescription-drug-monitoring database maintained by the department of health pursuant to § 21-28-3.18 shall be disclosed only:
   1. To a practitioner who certifies that the requested information is for the purpose of evaluating the need for, or providing medical treatment to, a current patient to whom the practitioner is prescribing or considering prescribing a controlled substance;
   2. To a pharmacist who certifies that the requested information is for a current client to whom the pharmacist is dispensing, or considering dispensing, a controlled substance;
   3. To an authorized designee of the practitioner and/or pharmacist to consult the prescription-drug-monitoring database on the practitioner’s and/or pharmacist’s behalf, or to a medical director of the practitioner’s practice for quality improvement activities within the practice, provided that:
      1. The designee so authorized is employed by the same professional practice or pharmacy;
      2. The practitioner or pharmacist takes reasonable steps to ensure that the designee is sufficiently competent in the use of the database;
      3. The practitioner or pharmacist remains responsible for ensuring that access to the database by the designee is limited to authorized purposes as provided for in subsections (a)(1) and (a)(2);
      4. The practitioner or pharmacist remains responsible for ensuring access to the database by the designee occurs in a manner that protects the confidentiality of information obtained from the database and remains responsible for any breach of confidentiality;
      5. The practitioner or pharmacist terminates the designee’s access to the database at the termination of the designee’s employment; and
      6. The ultimate decision as to whether or not to prescribe or dispense a controlled substance remains with the practitioner or pharmacist and is reasonably informed by the relevant, controlled substance history information obtained from the database;
   4. Pursuant to a valid search warrant based on probable cause to believe a violation of federal or state criminal law has occurred and that specified information contained in the database would assist in the investigation of the crime;
   5. To a patient who requests his or her own prescription information, or the parent or legal guardian of a minor child who requests the minor child’s prescription information;
   6. To a health professional regulatory board that documents, in writing, that the requested information is necessary for an investigation related to licensure, renewal, or disciplinary action involving the applicant, licensee, or registrant to whom the requested information pertains;
   7. To any vendor or contractor with whom the department has contracted, pursuant to state purchasing law and regulations in the contracting of vendors, to establish or maintain the electronic system of the prescription-drug-monitoring database;
   8. To public or private entities for statistical, research, or educational purposes, after removing the patient and prescriber information that could be used to identify individual patients. This shall not include entities receiving a waiver from the institutional review board; or
   9. To any vendor, agent, contractor, or designee who operates an electronic health record or clinical-management system for the purpose of sharing data with practitioners, pharmacists, or licensed healthcare facilities or designees.
2. Information stored in the prescription-drug-monitoring database shall include only the following:
   1. Patient’s first and last name and/or patient identification number; provided, however, the patient’s social security number shall not be recorded in whole or in part, patient sex, patient date of birth, and patient address;
   2. Prescribing practitioner’s name and Drug Enforcement Administration prescriber-information number;
   3. Prescribing practitioner’s office or hospital contact information;
   4. Prescription name, prescription number, prescription species code, national drug code number, prescription dosage, prescription quantity, days’ supply, new-refill code, number of refills authorized, date the prescription was written, date the prescription was filled, payment type; provided, however, no credit card number shall be recorded in whole or in part; and
   5. The Drug Enforcement Administration pharmacy number of the pharmacy filling the prescription.
3. The department shall disclose any information relating to a patient maintained in the prescription-drug-monitoring database to that patient, at no cost to the patient, within thirty (30) business days after the department receives a written request from the patient for the information. This information shall include the records maintained by the department pursuant to subsection (e). Notwithstanding the above, the department may, at the request of the law enforcement agency, withhold, for up to sixty (60) days following the conclusion of a law enforcement investigation, the disclosure to the patient that information has been obtained pursuant to subdivision (a)(4).
4. A patient may request, from the dispensing pharmacy, correction of any inaccurate information contained within the prescription-drug-monitoring database in accordance with the procedure specified by § 5-37.3-5(c) .
5. The department shall, for the period of time that prescription information is maintained, maintain records of the information disclosed through the prescription-drug-monitoring database, including, but not limited to:
   1. The identity of each person who requests or receives information from the prescription-drug-monitoring database and the organization, if any, the person represents;
   2. The information released to each person or organization and the basis for its release under subsection (a); and
   3. The dates the information was requested and provided.
6. Prescription information contained within the prescription-drug-monitoring database shall be removed no later than five (5) years from the date the information is entered into the database. Records in existence prior to the enactment of this section shall be removed no later than ten (10) years from the date the information is entered into the database.
7. The department shall promptly notify any affected individual of an improper disclosure of information from the prescription-drug-monitoring database or a breach in the security of the prescription-drug-monitoring database that poses a significant risk of disclosure of patient information to an unauthorized individual.
8. At the time of signing a prescription that is required by the department to be entered into the prescription-drug-monitoring database, the prescribing practitioner shall inform the patient in writing of the existence of the prescription-drug-monitoring database; the patient’s right to access his or her own prescription information; and the name and contact information of the agency operating the program.
9. No person shall access information in the prescription-monitoring database except to the extent and for the purposes authorized by subsection (a).
10. In any civil action allowing a violation of this chapter, the court may award damages, including punitive damages, and reasonable attorneys’ fees and costs to a prevailing plaintiff, and injunctive and any other appropriate relief.
11. Any pharmacist who, in his or her professional judgment, refuses to fill a prescription based on information contained within the prescription-drug-monitoring database shall inform the prescribing physician within twenty-four (24) hours.
12. All practitioners shall, as a condition of the initial registration or renewal of the practitioner’s authority to prescribe controlled substances, register with the prescription-drug-monitoring database maintained by the department of health.
13. The prescription-monitoring program shall be reviewed prior to starting any opioid. A prescribing practitioner, or designee as authorized by subsection (a)(3) of this section, shall review the prescription-monitoring program prior to refilling or initiating opioid therapy with an intrathecal pump. For patients the prescribing practitioner is maintaining on continuous opioid therapy for pain for three (3) months or longer, the prescribing practitioner shall review information from the prescription-monitoring program at least every three (3) months. Documentation of that review shall be noted in the patient’s medical record.
14. The department shall improve the usefulness and value of the prescription-drug-monitoring database program by increasing its analytical functionality, timeliness, and scope, such as by:
    1. Utilizing data from additional data sources as permissible under state and federal statutes;
    2. Analyzing information submitted to the prescription-drug-monitoring database to ensure that prescription data collected from dispensing pharmacists is readily accessible for a given patient; to identify unusual or aberrant patterns of prescribing, dispensing, or receiving controlled substances; and to generate an automatic alert when such patterns arise to automate standard reports and to provide ad hoc reports on a real-time basis on this data as well as other data feeds. These reports shall comply with the patient confidentiality requirements of federal and state law;
    3. Developing regulations to ensure that prescription-drug-monitoring analyses are updated and disseminated regularly to appropriate officials and that summary reports are provided to the general assembly on or before February 1 of each year. Given the intent to decrease the number of Rhode Island citizens affected by opioid use, the department shall provide an interim report on the status of the directives included herein and any progress made as of October 1, 2016. In the development of the regulations, the department may include any of the following analytical functions, within the boundaries of patient confidentiality rights under state and federal law:
       1. Consolidate raw prescription data collected from dispensing pharmacists into a single view of all prescriptions filled for a given patient;
       2. Identify unusual or aberrant patterns of prescribing controlled substances, by relevant prescriber attributes, and generate an automatic alert when these patterns arise;
       3. Identify unusual or aberrant patterns of receiving prescriptions for controlled substances, by relevant patient attributes, and generate an automatic alert when these patterns arise;
       4. Identify unusual or aberrant patterns of dispensing controlled substances, by relevant dispenser attributes, and generate an automatic alert when these patterns arise;
       5. Identify and visually display linkages among prescribers, patients, and dispensers that can be used to detect any collusive behaviors; and
       6. The department shall apply for federal funding in support of the goals and objectives contained in this subsection.

History of Section. P.L. 2013, ch. 124, § 2; P.L. 2013, ch. 132, § 2; P.L. 2014, ch. 48, § 1; P.L. 2014, ch. 55, § 1; P.L. 2016, ch. 180, § 1; P.L. 2016, ch. 194, § 1; P.L. 2016, ch. 199, § 1; P.L. 2016, ch. 200, § 1; P.L. 2016, ch. 351, § 1; P.L. 2016, ch. 464, § 1; P.L. 2017, ch. 262, § 1; P.L. 2017, ch. 263, § 1; P.L. 2021, ch. 90, § 1, effective June 25, 2021; P.L. 2021, ch. 91, § 1, effective June 25, 2021.

21-28-3.33. Voluntary non-opiate directive form.

1. The department shall establish a voluntary non-opiate directive form. The form shall indicate to all practitioners that an individual shall not be administered or offered a prescription or medication order for an opiate. The form shall be posted on the department’s searchable website. An individual may execute and file a voluntary non-opiate directive form with a practitioner licensed under chapter 37 of title 5 or other authority authorized by the director to accept the voluntary non-opiate directive form for filing. An individual may revoke the voluntary non-opiate directive form for any reason and may do so by written or oral means.
2. The department shall promulgate regulations for the implementation of the voluntary non-opiate directive form that shall include, but not be limited to:
   1. The procedures to record the voluntary non-opiate directive form in the individual’s electronic health record and in the prescription drug monitoring program established pursuant to § 21-28-3.18 ;
   2. A standard form for the recording and transmission of the voluntary non-opiate directive form that shall include verification by a practitioner registered under chapter 37 of title 5 and that shall comply with the written consent requirements of the Public Health Service Act, 42 U.S.C. § 290dd-2(b), and 42 C.F.R. Part 2; provided, however, that the voluntary non-opiate directive form shall also provide the basic procedures necessary to revoke the voluntary non-opiate directive form;
   3. The requirements for an individual to appoint a duly authorized guardian or healthcare proxy to override a previously recorded voluntary non-opiate directive form;
   4. The procedures to ensure that any recording, sharing, or distribution of data relative to the voluntary non-opiate directive form complies with all state and federal confidentiality laws; and
   5. Appropriate exemptions for pre-hospital emergency medical services providers and other medical personnel.
3. A written prescription that is presented at an outpatient pharmacy or a prescription that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the purposes of this section and a pharmacist in an outpatient setting shall not be held in violation of this section for dispensing a controlled substance in contradiction to a voluntary non-opiate directive form, except upon evidence that the pharmacist acted knowingly against the voluntary non-opiate directive form.
4. No healthcare provider or employee of a healthcare provider acting in good faith shall be subject to criminal or civil liability or be considered to have engaged in unprofessional conduct for failing to offer or administer a prescription or medication order for an opiate under the voluntary non-opiate directive form.
5. No person acting as an agent pursuant to a healthcare proxy shall be subject to criminal or civil liability for making a decision under subsection (b)(3) of this section in good faith.
6. The board of medical licensure and discipline may limit, condition, or suspend the license of or assess fines against a licensed healthcare provider who recklessly or negligently fails to comply with a person’s voluntary non-opiate directive form.

History of Section. P.L. 2018, ch. 152, § 1; P.L. 2018, ch. 252, § 1.

21-28-4.01. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 100, § 1 and P.L. 2021, ch. 101, § 1.]

1. 1. Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
   2. Any person who is not a drug-addicted person, as defined in § 21-28-1.02 , who violates this subsection with respect to a controlled substance classified in schedule I or II, except the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten thousand dollars ($10,000), or both.
   3. Where the deliverance as prohibited in this subsection shall be the proximate cause of death to the person to whom the controlled substance is delivered, it shall not be a defense that the person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 21-28-1.02 .
   4. Any person, except as provided for in subsection (a)(2), who violates this subsection with respect to:
      1. A controlled substance, classified in schedule I or II, is guilty of a crime and, upon conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
      2. A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both.
      3. A controlled substance, classified in schedule V, is guilty of a crime and, upon conviction, may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.
2. 1. Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.
   2. Any person who violates this subsection with respect to:
      1. A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000), or both;
      2. A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both.
      3. A counterfeit substance, classified in schedule V, is guilty of a crime and, upon conviction, may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.
3. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
   2. Any person who violates this subsection with respect to:
      1. A controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned for not more than three (3) years, or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both;
      2. More than one ounce (1 oz.) of a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
      3. Notwithstanding any public, special, or general law to the contrary, the possession of one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or disqualification. Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen (18) months.
      4. Notwithstanding any public, special, or general law to the contrary, possession of one ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender completes an approved, drug-awareness program and community service as determined by the court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years fails to complete an approved, drug-awareness program and community service within one year of the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program or community service is available, the penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen (18) shall be notified of the offense and the availability of a drug-awareness and community-service program. The drug-awareness program must be approved by the court, but shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of community service. Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall apply if the offense is the first or second violation within the previous eighteen (18) months.
      5. Notwithstanding any public, special, or general law to the contrary, a person not exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times in the eighteen (18) months prior to the third (3rd) offense.
      6. Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again to six hundred dollars ($600) if it has not been paid within ninety (90) days.
      7. No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection except as provided in this subparagraph. Any person in possession of an identification card, license, or other form of identification issued by the state or any state, city, or town, or any college or university, who fails to produce the same upon request of a police officer who informs the person that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of identification who fails or refuses to truthfully provide his or her name, address, and date of birth to a police officer who has informed such person that the officer intends to provide such individual with a citation for possession of one ounce (1 oz.) or less of marijuana, may be arrested.
      8. No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a violation of parole or probation.
      9. Any records collected by any state agency, tribunal, or the family court that include personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to public inspection in accordance with § 8-8.2-21 .
   3. Jurisdiction.  Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth.
   4. Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:
      1. Perform up to one hundred (100) hours of community service;
      2. Attend and complete a drug-counseling and education program, as prescribed, by the director of the department of behavioral healthcare, developmental disabilities and hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be deposited as general revenues. Failure to attend may result, after hearing by the court, in jail sentence up to one year;
      3. The court shall not suspend any part or all of the imposition of the fee required by this subsection, unless the court finds an inability to pay;
      4. If the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense after.
   5. All fees assessed and collected pursuant to (c)(3)(ii) shall be deposited as general revenues and shall be collected from the person convicted or who pleads nolo contendere before any other fines authorized by this chapter.
4. It shall be unlawful for any person to manufacture, distribute, or possess with intent to manufacture or distribute, an imitation controlled substance. Any person who violates this subsection is guilty of a crime and, upon conviction, shall be subject to the same term of imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the controlled substance that the particular imitation controlled substance forming the basis of the prosecution was designed to resemble and/or represented to be; but in no case shall the imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars ($20,000).
5. It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more than one thousand dollars ($1,000), or both.
6. It is unlawful for any person to knowingly or intentionally possess, manufacture, distribute, or possess with intent to manufacture or distribute, any extract, compound, salt derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is exempt pursuant to the provisions of § 21-28-3.30 . Notwithstanding any laws to the contrary, any person who violates this section is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or both. The provisions of this section shall not apply to licensed physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or datura stramonium and shall not apply to any person participating in clinical trials involving the use of salvia divinorum or datura stramonium.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1985, ch. 154, § 1; P.L. 1986, ch. 346, § 1; P.L. 1986, ch. 457, § 1; P.L. 1988, ch. 521, § 1; P.L. 1989, ch. 198, § 1; P.L. 1989, ch. 523, § 1; P.L. 1991, ch. 44, art. 66, § 1; P.L. 1991, ch. 211, § 1; P.L. 1991, ch. 256, § 1; P.L. 1992, ch. 418, § 4; P.L. 1995, ch. 370, art. 14, § 5; P.L. 1995, ch. 370, art. 40, § 57; P.L. 2002, ch. 292, § 54; P.L. 2005, ch. 93, § 1; P.L. 2005, ch. 104, § 1; P.L. 2010, ch. 23, art. 18, § 1; P.L. 2011, ch. 366, § 1; P.L. 2012, ch. 221, § 1; P.L. 2012, ch. 233, § 1; P.L. 2014, ch. 68, § 2; P.L. 2014, ch. 71, § 2; P.L. 2015, ch. 98, § 1; P.L. 2015, ch. 110, § 1; P.L. 2016, ch. 407, § 3; P.L. 2016, ch. 408, § 3; P.L. 2021, ch. 100, § 1, effective July 1, 2021; P.L. 2021, ch. 101, § 1, effective July 1, 2021.

21-28-4.01. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 286, § 2 and P.L. 2021, ch. 287, § 2.]

1. 1. Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
   2. Any person who is not a drug-addicted person, as defined in § 21-28-1.02 , who violates this subsection with respect to a controlled substance classified in schedule I or II, except the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten thousand dollars ($10,000), or both.
   3. Where the deliverance as prohibited in this subsection shall be the proximate cause of death to the person to whom the controlled substance is delivered, it shall not be a defense that the person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § 21-28-1.02 .
   4. Any person, except as provided for in subsection (a)(2), who violates this subsection with respect to:
      1. A controlled substance, classified in schedule I or II, is guilty of a crime and, upon conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
      2. A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both.
      3. A controlled substance, classified in schedule V, is guilty of a crime and, upon conviction, may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.
2. 1. Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.
   2. Any person who violates this subsection with respect to:
      1. A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000), or both;
      2. A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not more than twenty thousand dollars ($20,000), or both.
      3. A counterfeit substance, classified in schedule V, is guilty of a crime and, upon conviction, may be imprisoned for not more than one year, or fined not more than ten thousand dollars ($10,000), or both.
3. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
   2. Any person who violates this subsection with respect to:
      1. Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2 , ten grams (10 g.) or less of a mixture or substance containing a detectable amount of a controlled substance classified in schedules I, II, III, IV, and V, except the substance classified as marijuana, is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) years, or fined not more than five hundred dollars ($500) or both.
      2. Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2 , more than ten grams (10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of a controlled substance classified in schedules I, II and III, IV, and V, except the substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both.
      3. More than one ounce (1 oz.) of a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or both.
      4. Notwithstanding any public, special, or general law to the contrary, the possession of one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or disqualification. Notwithstanding any public, special, or general law to the contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen (18) months.
      5. Notwithstanding any public, special, or general law to the contrary, possession of one ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender completes an approved, drug-awareness program and community service as determined by the court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years fails to complete an approved, drug-awareness program and community service within one year of the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program or community service is available, the penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen (18) shall be notified of the offense and the availability of a drug-awareness and community-service program. The drug-awareness program must be approved by the court, but shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of community service. Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall apply if the offense is the first or second violation within the previous eighteen (18) months.
      6. Notwithstanding any public, special, or general law to the contrary, a person not exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iv) or (c)(2)(v) two (2) times in the eighteen (18) months prior to the third (3rd) offense.
      7. Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again to six hundred dollars ($600) if it has not been paid within ninety (90) days.
      8. No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection except as provided in this subparagraph. Any person in possession of an identification card, license, or other form of identification issued by the state or any state, city, or town, or any college or university, who fails to produce the same upon request of a police officer who informs the person that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of identification who fails or refuses to truthfully provide his or her name, address, and date of birth to a police officer who has informed such person that the officer intends to provide such individual with a citation for possession of one ounce (1 oz.) or less of marijuana, may be arrested.
      9. No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation of parole or probation.
      10. Any records collected by any state agency, tribunal, or the family court that include personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to public inspection in accordance with § 8-8.2-21 .
   3. Jurisdiction.
      1. Any and all adjudications of violations of (c)(2)(i) shall be within the original jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute any and all violations of (c)(2)(i).
      2. Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or (c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or (c)(2)(v) shall be expended on drug-awareness and treatment programs for youth.
   4. Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(iii), who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:
      1. Perform up to one hundred (100) hours of community service;
      2. Attend and complete a drug-counseling and education program, as prescribed, by the director of the department of behavioral healthcare, developmental disabilities and hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be deposited as general revenues. Failure to attend may result, after hearing by the court, in jail sentence up to one year;
      3. The court shall not suspend any part or all of the imposition of the fee required by this subsection, unless the court finds an inability to pay;
      4. If the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under (c)(2)(i), (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense after.
   5. All fees assessed and collected pursuant to (c)(2)(iii) shall be deposited as general revenues and shall be collected from the person convicted or who pleads nolo contendere before any other fines authorized by this chapter.
4. It shall be unlawful for any person to manufacture, distribute, or possess with intent to manufacture or distribute, an imitation controlled substance. Any person who violates this subsection is guilty of a crime and, upon conviction, shall be subject to the same term of imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the controlled substance that the particular imitation controlled substance forming the basis of the prosecution was designed to resemble and/or represented to be; but in no case shall the imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars ($20,000).
5. It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more than one thousand dollars ($1,000), or both.
6. It is unlawful for any person to knowingly or intentionally possess, manufacture, distribute, or possess with intent to manufacture or distribute, any extract, compound, salt derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is exempt pursuant to the provisions of § 21-28-3.30 . Notwithstanding any laws to the contrary, any person who violates this section is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or both. The provisions of this section shall not apply to licensed physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or datura stramonium and shall not apply to any person participating in clinical trials involving the use of salvia divinorum or datura stramonium.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1985, ch. 154, § 1; P.L. 1986, ch. 346, § 1; P.L. 1986, ch. 457, § 1; P.L. 1988, ch. 521, § 1; P.L. 1989, ch. 198, § 1; P.L. 1989, ch. 523, § 1; P.L. 1991, ch. 44, art. 66, § 1; P.L. 1991, ch. 211, § 1; P.L. 1991, ch. 256, § 1; P.L. 1992, ch. 418, § 4; P.L. 1995, ch. 370, art. 14, § 5; P.L. 1995, ch. 370, art. 40, § 57; P.L. 2002, ch. 292, § 54; P.L. 2005, ch. 93, § 1; P.L. 2005, ch. 104, § 1; P.L. 2010, ch. 23, art. 18, § 1; P.L. 2011, ch. 366, § 1; P.L. 2012, ch. 221, § 1; P.L. 2012, ch. 233, § 1; P.L. 2014, ch. 68, § 2; P.L. 2014, ch. 71, § 2; P.L. 2015, ch. 98, § 1; P.L. 2015, ch. 110, § 1; P.L. 2016, ch. 407, § 3; P.L. 2016, ch. 408, § 3; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.

21-28-4.01.1. Certain quantities of controlled substances.

1. Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain controlled substances:
   1. One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of heroin;
   2. One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of:
      1. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
      2. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
      3. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
      4. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in paragraphs (i) — (iii) of this subdivision;
   3. One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);
   4. One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
   5. One kilogram (1 kg.) to five kilograms (5 kgs.) of a mixture containing a detectable amount of marijuana;
   6. One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs; or
   7. One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or
   8. One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of carfentanil; or
   9. One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or
   10. One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of its optical isomers; or
   11. One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.
2. Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand dollars ($500,000).

History of Section. P.L. 1988, ch. 651, § 1; P.L. 1991, ch. 256, § 1; P.L. 2009, ch. 345, § 1; P.L. 2009, ch. 346, § 1; P.L. 2014, ch. 81, § 1; P.L. 2014, ch. 90, § 1; P.L. 2017, ch. 103, § 1; P.L. 2017, ch. 114, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.

21-28-4.01.2. Certain quantities of controlled substances.

1. Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:
   1. More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of heroin;
   2. More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of:
      1. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
      2. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
      3. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
      4. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in paragraphs (i) — (iii) of this subdivision;
   3. More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);
   4. More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
   5. More than five kilograms (5 kgs.) of a mixture containing a detectable amount of marijuana;
   6. More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs; or
   7. More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or
   8. More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of carfentanil; or
   9. More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or
   10. More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of its optical isomers; or
   11. More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.
2. Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

History of Section. P.L. 1988, ch. 337, § 1; P.L. 1991, ch. 256, § 1; P.L. 1991, ch. 296, § 1; P.L. 2009, ch. 345, § 1; P.L. 2009, ch. 346, § 1; P.L. 2014, ch. 81, § 1; P.L. 2014, ch. 90, § 1; P.L. 2017, ch. 103, § 1; P.L. 2017, ch. 114, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.

21-28-4.02. Prohibited acts B — Penalties.

1. It shall be unlawful for any person:
   1. Who is subject to article III to distribute or dispense a controlled substance in violation of § 21-28-3.18 ;
   2. Who is a registrant to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
   3. To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice or information required under this chapter;
   4. To refuse an entry into any premises for any inspection authorized by this chapter.
2. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.

21-28-4.03. Prohibited acts C — Penalties.

1. It is unlawful for any person knowingly or intentionally:
   1. To distribute as a registrant a controlled substance, except pursuant to an order form as required by § 21-28-3.10 ;
   2. To use in the course of the manufacture or distribution of a controlled substance a registration number, which is fictitious, revoked, suspended, or issued to another person;
   3. To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
   4. To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter or any record required to be kept by this chapter; or
   5. To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these upon any drug or container or labeling of the drug or container so as to render the drug a counterfeit substance.
2. Any person who violates this chapter is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.

21-28-4.04. Sale of hypodermic syringes and needles and retractable hypodermic syringes and needles.

1. Hypodermic and retractable hypodermic syringes, needles, or any instrument adapted for the administration of drugs by injection shall not be sold except in licensed pharmacies. Every sale shall be made subject to the rules and regulations of the director of the department of health.
2. The following conditions shall apply to all purchases of hypodermic and retractable hypodermic syringes or needles:
   1. Pharmacists shall make available to each purchaser at the time of purchase information regarding the safe disposal of hypodermic and retractable hypodermic syringes or needles, as promulgated by the Rhode Island resource recovery corporation, in conjunction with the department of health, including local disposal locations or a telephone number to call for that information;
   2. Pharmacists may also provide purchasers with information on drug addiction treatment, including a local telephone number to get assistance;
   3. The director of health shall adopt rules and regulations relative to the content, format, and distribution of any materials required under this section and any other matter necessary to effectuate the purposes of this section;
   4. At all licensed pharmacies where hypodermic and retractable hypodermic needles and syringes are kept for retail sale pursuant to this section, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers;
   5. A registered pharmacy or licensed pharmacist that sells hypodermic and retractable hypodermic needles or syringes must certify to the director of the department of health participation in an activity that supports proper disposal of used hypodermic and retractable hypodermic needles or syringes.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1979, ch. 73, § 1; P.L. 1985, ch. 154, § 1; P.L. 1994, ch. 30, § 2; P.L. 1998, ch. 264, § 1; P.L. 2000, ch. 363, § 1; P.L. 2000, ch. 520, § 1; P.L. 2001, ch. 285, § 1.

21-28-4.05. Prohibited acts E — False representations to obtain controlled substances.

1. No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance:
   1. By fraud, deceit, misrepresentation, or subterfuge;
   2. By the forgery or alteration of a prescription or of any written order;
   3. By the concealment of material fact; or
   4. By the use of a false name or the giving of a false address.
2. Information communicated to a physician in an unlawful effort to procure the administration of a controlled substance shall not be deemed a privileged communication.
3. No person shall willfully make a false statement in any prescription, order, report, or record, required by this chapter.
4. No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of, or represent himself or herself to be, a manufacturer, wholesaler, practitioner, or other authorized person.
5. No person shall make or utter any false or forged prescription or false or forged written order for controlled substances.
6. No person shall affix any false or forged label to a package or receptacle containing controlled substances.
7. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, and fined not more than ten thousand dollars ($10,000), or both.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.

21-28-4.06. Prohibited acts F — Places used for unlawful sale, use, or keeping of controlled substances.

1. Any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is used for the unlawful sale, use, or keeping of a controlled substance shall be deemed a common nuisance.
2. Any person who violates this section with respect to:
   1. Knowingly keeping and maintaining a common nuisance as described in subsection (a) may be imprisoned for not more than five (5) years, and fined not more than five thousand dollars ($5,000), or both;
   2. Knowingly permitting any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is owned or controlled by him or her to be used as a common nuisance may be imprisoned for not more than fifteen (15) years, and fined not more than twenty thousand dollars ($20,000), or both;
   3. Knowingly visiting a common nuisance as described in subsection (a) for the purpose of using or taking in any manner any controlled substance may be imprisoned for not more than one year and fined not more than five hundred dollars ($500).

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.

21-28-4.07. Distribution to persons under age 18.

1. Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance, excluding marijuana, listed in schedules I and II to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than fifteen (15) years and may be imprisoned for life, or fined not more than five hundred thousand dollars ($500,000), or both. In all such cases, the justice imposing sentence shall impose a minimum sentence of fifteen (15) years’ imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen (15) years is imposed, the trial justice shall set forth on the record the circumstances, which he or she found as justification for imposition of the lesser sentence.
2. Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance listed in schedules III and IV to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than five (5) years nor more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both.
3. Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing any controlled substance listed in schedule V or marijuana to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than two (2) years nor more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.
4. Any person eighteen (18) years of age or over who violates § 21-28-4.01(d) by distributing an imitation controlled substance to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be punished by imposition of a fine authorized by § 21-28-4.01(d) , and by a term of imprisonment up to twice that authorized by § 21-28-4.01(d), or both.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1988, ch. 645, § 1; P.L. 1990, ch. 275, § 1.

21-28-4.07.1. Distribution or manufacturing in or near schools.

Any person who violates § 21-28-4.01(A), 21-28-4.01.1 , or 21-28-4.07 by distributing or manufacturing a controlled substance listed in schedules I or II in the building or on the grounds, or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or secondary school, or public park or playground shall be punished by a term of imprisonment or fine, or both, up to twice that authorized by § 21-28-4.01(A) or 21-28-4.07 , but not exceeding life imprisonment.

History of Section. P.L. 1988, ch. 253, § 1; P.L. 1993, ch. 56, § 1; P.L. 1996, ch. 282, § 1.

21-28-4.07.2. Distribution to individuals without knowledge — Crime of violence.

1. Definitions:  For the purposes of this section the following words shall have the following definitions:
   1. “Crime of violence” means:
      1. An offense that has an element, the use, attempted use, or threatened use of physical force against the person or property of another; or
      2. Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
   2. “Without that individual’s knowledge” means: that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct, or to decline participation in, or communicate unwillingness to participate in conduct, is administered to the individual.
2. Whoever, with the intent to commit a crime of violence against an individual, as defined in this section and in chapter 11-37, violates this section by distributing a controlled substance, as defined in § 21-28-1.02 , or a controlled substance analogue to an individual without that individual’s knowledge, shall be punished by a term of imprisonment not to exceed ten (10) years.

History of Section. P.L. 2010, ch. 308, § 1; P.L. 2010, ch. 313, § 1.

21-28-4.08. Conspiracy.

Any person who conspires to violate any provision of this chapter is guilty of a crime and is subject to the same punishment prescribed in this chapter for the commission of the substantive offense of which there is a conspiracy to violate.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-4.09. General penalty clause.

Any person who violates any provision of this chapter, the penalty for which is not specified in this chapter, and of the rules and regulations of the director of health made under authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year, a fine of five hundred dollars ($500), or both.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-4.10. Penalties under other laws.

Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-4.11. Second offenses.

1. Any person convicted of a second offense under this chapter, except for violations of § 21-28-4.01(c)(2)(i) , § 21-28-4.01(c)(2)(iii) , § 21-28-4.01(c)(2)(iv) , § 21-28-4.01(c)(2)(v) , or § 21-28-4.01(c)(2)(vi) , may be imprisoned for a term up to twice the term authorized, fined an amount up to twice that authorized, or both.
2. For purposes of this section, an offense is considered a second offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, except for violations of § 21-28-4.01(c)(2)(i) , § 21-28-4.01(c)(2)(iii) , § 21-28-4.01(c)(2)(iv) , § 21-28-4.01(c)(2)(v) , or § 21-28-4.01(c)(2)(vi) , or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1; P.L. 2012, ch. 221, § 1; P.L. 2012, ch. 233, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.

21-28-4.12. Bar to prosecution.

If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-4.13. Impersonation of health officials — Penalties.

Every person who shall falsely assume or pretend to be the director of health or an officer, agent, inspector, or representative designated by the director as having enforcement powers shall be imprisoned not exceeding one year and/or be fined not exceeding five hundred dollars ($500).

History of Section. P.L. 1979, ch. 210, § 1.

21-28-4.14. Third or subsequent offenses.

1. Any person convicted of a third or subsequent offense under this chapter, except for violations of § 21-28-4.01(c)(2)(iv) , § 21-28-4.01(c)(2)(v) , or § 21-28-4.01(c)(2)(vi) , may be imprisoned for a term up to three (3) times the term authorized, and fined an amount up to three (3) times that authorized by § 21-28-4.11 , or both.
2. For purposes of this section, an offense is considered a third or subsequent offense if, prior to his or her conviction of the offense, the offender has at any time been convicted twice under this chapter, except for violations of § 21-28-4.01(c)(2)(iii) , § 21-28-4.01(c)(2)(iv) , § 21-28-4.01(c)(2)(v) , or § 21-28-4.01(c)(2)(vi) , or twice under any statute of the United States or of any other state, or any combination of them, relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.

History of Section. P.L. 1985, ch. 154, § 2; P.L. 2012, ch. 221, § 1; P.L. 2012, ch. 233, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.

21-28-4.15. Employment of person under age eighteen (18).

1. It shall be unlawful for any person eighteen (18) years of age or older to hire, employ or use any person under eighteen (18) years of age who is at least three (3) years his or her junior to manufacture, transport, carry, sell, prepare for sale or offer for sale a controlled substance; provided, that the provisions of this subsection shall not apply to individuals enrolled in a pharmacy training program approved by the director.
2. Any person who violates this section with respect to:
   1. A controlled substance classified in schedules I and II, except the substance classified as marijuana, is guilty of a crime and upon conviction shall be imprisoned for not less than fifteen (15) years and may be imprisoned for a term up to life and fined not more than five hundred thousand dollars ($500,000). In all these cases, the justice imposing sentence shall impose a minimum sentence of fifteen (15) years imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen (15) years is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence;
   2. A controlled substance classified in schedule III or IV, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years or fined not more than forty thousand dollars ($40,000) or both;
   3. A controlled substance classified in schedule V or marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than one year or fined not more than ten thousand dollars ($10,000), or both.

History of Section. P.L. 1986, ch. 474, § 2; P.L. 1988, ch. 644, § 1; P.L. 2001, ch. 170, § 1; P.L. 2001, ch. 368, § 1; P.L. 2001, ch. 413, § 1; P.L. 2002, ch. 292, § 54.

21-28-4.16. Crimes against pharmacies.

Any person who: (1) breaks and enters a pharmacy or commits larceny or robbery from a pharmacist of a controlled substance, (2) aids and abets or enters any pharmacy with the intent to steal any controlled substance, or (3) takes, without permission, the controlled substance of another, shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment for not more than fifteen (15) years, or both.

History of Section. P.L. 1986, ch. 474, § 2.

21-28-4.16.1. Larceny of a controlled substance.

Any person who steals or attempts to steal any controlled substance from a health care facility, as defined in § 23-17-2 , a licensed pharmacy, or any other lawful place of business, where controlled substances are compounded, dispensed, administered, stored, or manufactured, including common carriers, contract carriers, or any usual or lawful carrier, shall be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment of not more than ten (10) years, or both.

History of Section. P.L. 1992, ch. 390, § 1.

21-28-4.16.2. Tampering with a controlled substance.

Any person who alters, tampers, substitutes, adulterates in any manner or form, the compound, mixture, or preparation of any controlled substance in a health care facility, as defined in § 23-17-2 , shall be punished by a fine of not more than fifteen thousand dollars ($15,000), or by imprisonment of not more than ten (10) years, or both.

History of Section. P.L. 1992, ch. 390, § 1.

21-28-4.17. Additional assessment.

Should any person be convicted of or accept any plea bargain relating to an offense involving the sale of a controlled substance, that person shall, in addition to any fine imposed, be assessed an amount up to one thousand dollars ($1,000) by the court. The assessment shall be transferred to the general treasury and deposited in the special account designated as the forfeited property account. The funds may be used by law enforcement officials in accordance with the requirements set forth in § 21-28-5.04 .

History of Section. P.L. 1986, ch. 474, § 2.

21-28-4.17.1. Assessment for drug education, counseling and treatment.

Any person convicted of any offense under this article, other than the possession offenses described in § 21-28-4.01(c) , shall, in addition to any other sentence and/or fine imposed, be assessed four hundred dollars ($400) by the court and the assessment shall be collected from the person convicted before any other fines authorized by this chapter. The court shall not suspend any part or all of the imposition of the assessment required by this subsection, unless the court finds an inability to pay. The assessment shall be deposited in the drug education, assessment and treatment account to be used by the department of behavioral healthcare, developmental disabilities and hospitals and the department of health for the purpose of administration, drug education, and treatment.

History of Section. P.L. 1989, ch. 198, § 2; P.L. 1992, ch. 418, § 4; P.L. 2002, ch. 292, § 54.

21-28-4.18. Prohibited acts by law enforcement officials — Penalties.

1. It shall be unlawful for any state or municipal law enforcement official, including department of correction officers, state marshals, capital police, or other peace officers who are empowered to enforce the provisions of this chapter, or any employee of a law enforcement agency to:
   1. Offer for sale or sell any information pertaining to an ongoing investigation conducted by any law enforcement agency of a violation of any of the provisions of this chapter; or
   2. Use for any unauthorized purpose or sell or destroy or remove from unlawful custody any of the evidence confiscated as a result of an arrest or seizure arising from the enforcement of the provisions of this chapter.
2. Any person who violates this section shall be guilty of a crime and upon conviction shall be imprisoned not less than ten (10) years, and may be imprisoned for a term of twenty (20) years. In all these cases, the justice imposing sentence shall impose a minimum sentence of ten (10) years imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice shall set forth on the record the circumstances, which he or she found as justification for imposition of the lesser sentence.

History of Section. P.L. 1988, ch. 386, § 1.

21-28-4.19. Reduction of sentence.

1. Any sentence of a person convicted for any violation of this chapter may, at any time subsequent to the imposition of the sentence, be reduced by the court upon receipt of a motion for reduction of sentence submitted by the attorney general based upon the person’s demonstrated cooperation with law enforcement authorities in the investigation and prosecution of violations of this chapter.
2. Nothing contained in this section shall in any way limit the court’s authority pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure.

History of Section. P.L. 1988, ch. 394, § 1.

21-28-4.20. Human Immunodeficiency Virus (HIV) — Testing.

1. Any person convicted of possession of any controlled substance that has been administered with a hypodermic instrument, retractable hypodermic syringe, needle, or any similar instrument adapted for the administration of drugs shall be required to be tested for human immunodeficiency virus (HIV) as provided for in chapter 23-6.3.
2. [Deleted by P.L. 2009, ch. 196, § 4, and by P.L. 2009, ch. 289, § 4].
3. [Deleted by P.L. 2009, ch. 196, § 4, and by P.L. 2009, ch. 289, § 4].
4. [Deleted by P.L. 2009, ch. 196, § 4, and by P.L. 2009, ch. 289, § 4].

History of Section. P.L. 1988, ch. 405, § 9; P.L. 1990, ch. 169, § 5; P.L. 1998, ch. 391, § 3; P.L. 2006, ch. 599, § 2; P.L. 2009, ch. 196, § 4; P.L. 2009, ch. 289, § 4.

21-28-4.21. Drug testing required.

Every person who shall be placed on probation for a violation of any section in this chapter prohibiting the unlawful sale, distribution, manufacture, delivery or possession with intent to manufacture, sell, distribute or deliver any controlled substance as classified in schedule I or II or possession of a controlled substance as classified in schedule I or II shall, as a condition of the probation, be required to at his or her own expense submit to drug testing in accordance with the standards and procedures of the department of health not less than once per month.

History of Section. P.L. 1990, ch. 457, § 2.

21-28-4.22. Preparation of summons and related records — Consent and form.

The laws related to summonses, subpoenas and related records for violations of subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) , shall be served and heard in the same manner and in a similar form as ordinary civil actions in the traffic tribunal, as provided for in §§ 31-27-12 , 31-27-12 .1, 31-41.1-1 , and as may be prescribed by rules and regulations promulgated by the chief magistrate of the traffic tribunal pursuant to § 8-6-2 .

History of Section. P.L. 2012, ch. 221, § 2; P.L. 2012, ch. 233, § 2.

21-28-5.01. Powers of enforcement personnel.

It is made the duty of all peace officers within the state, and of all prosecuting officers, to enforce all provisions of this chapter except those specifically delegated in the chapter, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to controlled substances.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1997, ch. 30, art. 28, § 5.

21-28-5.02. Administrative inspections.

The director of health may make administrative inspections of controlled premises in accordance with the following provisions:

1. For purposes of this section only, “controlled premises” means:
   1. Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
   2. Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or dispose of any controlled substance.
2. An officer or employee designated by the director of health, upon presenting the appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
3. An officer or employee designated by the director of health may:
   1. Inspect and copy records required by this chapter to be kept;
   2. Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found in the premises, and, except as provided in subdivision (4) of this section, all other things in the premises, including records, files, papers, processes, controls, and facilities bearing on the enforcement of this chapter; and
   3. Inventory any stock of any controlled substance in the premises and obtain samples of the controlled substance;
4. An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.03. [Reserved.]

21-28-5.04. Forfeiture of property and money.

1. Any property, real or personal, including, but not limited to, vessels, vehicles, or aircraft, and money or negotiable instruments, securities, or other things of value or any property constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person for the transportation of, or in exchange for, a controlled substance and that has been, or is being used, in violation of § 21-28-4.01(a) or 21-28-4.01(b) or in, upon, or by means of which any violation of  §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08 has taken, or is taking place, and all real property including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements that is used in the commission of a violation of  §§  21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08 , or that was purchased with funds obtained as a result of the commission of a violation of  §§ 21-28-4.01(a) or  §§  21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08, shall be seized and forfeited; provided that no property or money, as enumerated in this subsection, used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the property or money had knowledge, actual or constructive, and was a consenting party to the alleged illegal act. All moneys, coin and currency, found in close proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records of the importation, manufacture, or distribution of controlled substances, are presumed to be unlawfully furnished in exchange for a controlled substance or used in violation of this chapter. The burden of proof is upon claimants of the property to rebut this presumption.
2. Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure and whenever property or money is forfeited under this chapter it shall be utilized as follows:
   1. Where the seized property is a vessel, vehicle, aircraft, or other personal property it may be retained and used by the law enforcement agency that seized the property where the use of the property is reasonably related to the law enforcement duties of the seizing agency. If the seized property is a motor vehicle that is inappropriate for use by the law enforcement agency due to style, size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade-in value of the vehicle towards the purchase of an appropriate vehicle for use in activities reasonably related to law enforcement duties.
   2. The law enforcement agency may sell any forfeited property not required by this chapter to be destroyed and not harmful to the public. The proceeds from the sale are to be distributed in accordance with subdivision (3) of this subsection.
   3. As to the proceeds from the sale of seized property as referred to in subdivision (2) of this subsection, and as to moneys, coin and currency, negotiable instruments, securities, or other things of value as referred to in subsection (a) of this section, the distribution shall be as follows:
      1. 1. All proceeds of the forfeiture of real or personal property shall be distributed as follows: All costs of advertising administrative forfeitures shall first be deducted from the amount forfeited. Of the remainder, twenty percent (20%) of the proceeds shall be provided to the attorney general’s department to be used for further drug-related law enforcement activities including, but not limited to, investigations, prosecutions, and the administration of this chapter; seventy percent (70%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited; and ten percent (10%) of the proceeds shall be provided to the department of health for distribution to substance abuse treatment programs.
         2. The law enforcement agencies involved in the investigation, with the assistance of the attorney general, shall by agreement determine the respective proportionate share to be received by each agency. If the agencies are unable to reach agreement, application shall be made by one or more of the agencies involved to the presiding justice of the superior court who shall determine the respective proportionate share attributable to each law enforcement agency. The proceeds from all forfeitures shall be held by the general treasurer in a separate account until such time as an allocation is determined by agreement of the agencies or by the presiding justice. It shall be the duty and responsibility of the general treasurer to disburse the allocated funds from the separate account to the respective law enforcement agencies.
      2. Each state or local law enforcement agency shall be entitled to keep the forfeited money or the proceeds from sales of forfeited property. The funds shall be used for law enforcement purposes and investigations of violations of this chapter. The funds received by a state law enforcement agency shall be maintained in a separate account by the general treasurer. The funds received by a local law enforcement agency shall be maintained in a separate account by the local agency’s city or town treasurer.
3. 1. There is established in the state’s treasury a special fund to be known as the asset forfeiture fund in which shall be deposited the excess proceeds of forfeitures arising out of criminal acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-related law enforcement activity and the treatment and rehabilitation of victims of drug abuse. The fund shall be administered through the office of the general treasurer. The presiding justice of the superior court shall have the authority to determine the feasibility and amount of disbursement to those state or local law enforcement agencies that have made application.
   2. Upon the application of any law enforcement agency of the state of Rhode Island, when a special need exists concerning the enforcement of the provisions of this chapter, the attorney general, or his or her designee, may apply to the presiding justice of the superior court for the release from the general treasury of sums of money. When the presiding justice upon consideration of the reasons set forth by that agency deems them to be reasonable and necessary to the accomplishment of a goal within the powers and duties of that law enforcement agency, he or she may issue an order ex parte providing for the release of the funds.
4. Each law enforcement agency making any seizure(s) that result(s) in a forfeiture pursuant to this section shall certify and file with the state treasurer between January 1 and January 30 an annual report detailing the property or money forfeited during the previous calendar year and the use or disposition of the property or money. The report shall be made in the form and manner as may be provided or specified by the treasurer and these annual law enforcement agency reports shall be provided to the local governmental body governing the agency and to the house and senate judiciary committees.
5. Any law enforcement agency whose duty it is to enforce the laws of this state relating to controlled substances is empowered to authorize designated officers or agents to carry out the seizure provisions of this chapter. It shall be the duty of any officer or agent authorized or designated, or authorized by law, whenever he or she shall discover any property or monies that have been, or are being, used in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize the property or monies and to place it in the custody of the person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to those provisions.
6. For purposes of this section and § 30-14-2 only, the Rhode Island national guard shall be deemed a law enforcement agency eligible to participate in the forfeiture of money and assets seized through counterdrug operations in which members of the guard support federal, state or municipal efforts.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 179, § 1; P.L. 1983, ch. 269, § 1; P.L. 1987, ch. 371, § 1; P.L. 1988, ch. 666, § 1; P.L. 1989, ch. 126, art. 31, § 2; P.L. 1992, ch. 288, § 1; P.L. 1992, ch. 418, § 4; P.L. 1998, ch. 391, § 3; P.L. 2002, ch. 292, § 54; P.L. 2011, ch. 327, § 1; P.L. 2011, ch. 374, § 1; P.L. 2014, ch. 70, § 2; P.L. 2014, ch. 75, § 2.

21-28-5.04.1. Criminal forfeiture procedures.

1. Any criminal complaint, information, or indictment charging one or more covered offenses shall set forth with reasonable particularity property that the attorney general seeks to forfeit pursuant to this section.
2. The court may, upon application of the attorney general, enter a restraining order or injunction, require any person claiming any interest in the subject property to execute a satisfactory performance bond to the state, or take any other action to preserve the availability of property subject to forfeiture described in § 21-28-5.04 , whether prior or subsequent to the filing of a complaint, indictment, or information. Written notice and an opportunity for a hearing shall be afforded to persons appearing to have an interest in the property, the hearing to be limited to the issues of whether:
   1. There is a substantial probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, or made unavailable for forfeitures; and
   2. The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
3. 1. A temporary restraining order under this section may be entered upon application of the attorney general without notice or opportunity for a hearing when a complaint, information, or indictment has not yet been filed with respect to the property if the attorney general demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under § 21-28-5.04 and that provision of notice will jeopardize the availability of the property for forfeiture. The temporary restraining order shall expire within ten (10) days of the date on which it is entered unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.
   2. A hearing requested by any party in interest concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.
   3. The court may receive and consider, at the hearing held pursuant to this subsection, evidence and information that would be inadmissible in court.
4. Upon conviction of a person for a covered offense the court shall enter a judgment of forfeiture of the property described in § 21-28-5.04 to the state and shall also authorize the attorney general to seize all property ordered forfeited upon any terms and conditions that the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the attorney general, enter any appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state in the property ordered forfeited. Any income accruing to or derived from an enterprise or an interest in an enterprise that has been ordered forfeited under this section may be used to offset ordinary and necessary expenses of the enterprise as required by law or that are necessary to protect the interest of the state or innocent third parties.
5. All right, title, and interest in property described in § 21-28-5.04 vests in the state upon the commission of the act giving rise to forfeiture under this chapter. Any property that is subsequently transferred to any person may be the subject of a special verdict of forfeiture and after this shall be ordered forfeited to the state, unless the transferee establishes in a hearing pursuant to subsection (f) of this section that he or she is a bona fide purchaser for value of the property who at the time of purchase was reasonably without cause to believe that the property was subject for forfeiture.
6. Procedures subsequent to the special verdict of forfeiture shall be as follows:
   1. Following the entry of an order of forfeiture under this section, the state shall publish notice of the order and of its intent to dispose of the property once per week for at least three (3) weeks in the manner that the attorney general may provide by regulation. The attorney general shall also, to the extent practicable, provide written notice to all parties known to have an interest in the property and all parties whose identity is reasonably subject to discovery and who may have an interest in the forfeited property.
   2. Any person, other than the defendant, asserting any interest in property that has been ordered forfeited to the state pursuant to this section may, within one hundred eighty (180) days of the final publication of notice or his or her receipt of notice under subdivision (1) of this subsection, whichever is earlier, petition the court for a hearing to adjudicate the validity of his or her alleged interest in the property.
   3. The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property; and additional facts supporting the petitioner’s claim; and the relief sought.
   4. The hearing on the petition shall, to the extent practicable and consistent with the interest of justice, be held within thirty (30) days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant and concerning the same property.
   5. At a hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The state may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case that resulted in the order of forfeiture.
   6. In accordance with its findings at the hearing, the court shall amend the order of forfeiture if it determines that the petitioner has established by a preponderance of the evidence that:
      1. The petitioner has a right, title, or interest in the property, and the right, title or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or
      2. The petitioner is a bona fide purchaser for value of any right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section.
   7. Following the court’s disposition of all petitions filed under this section, or if no such petitions are filed, following the expiration of the period provided in § 21-28-5.04 for the filing of the petitions, the state shall have clear title to property that is the subject of the order of forfeiture and shall transfer good and sufficient title to any subsequent purchaser, transferee, or fund as provided in this chapter.
   8. Except as provided in this section, no party claiming an interest in property subject to forfeiture under this section may:
      1. Intervene in a trial or appeal of a criminal case involving the forfeiture of the property; or
      2. Commence any action against the state concerning the validity of the alleged interest.
7. In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of petitions filed pursuant to § 21-28-5.04 after the entry of an order declaring forfeited property to the state, the court may, upon application of the attorney general, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording (electronic or otherwise), or other material not privileged, be produced at the same time and place, in the same manner as provided for the taking of depositions under the Rules of Civil Procedure.
8. If any of the property described in § 21-28-5.04 : (1) cannot be located; (2) has been transferred to, sold to or deposited with a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value by any act or omission of the defendant; or (5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of the subject property.
9. The court shall have jurisdiction to enter orders as provided in this section without regard to the location of any property that may be subject to forfeiture under this section or that has been ordered forfeited under this section.

History of Section. P.L. 1987, ch. 371, § 2.

21-28-5.04.2. Civil forfeiture procedure.

1. In addition to or in lieu of the criminal forfeiture procedures of this chapter, any property described in § 21-28-5.04 except as designated in subsection (b) of this section, is subject to civil forfeiture to the state. Civil forfeiture proceedings shall be in the nature of an action in rem and shall be governed by the civil rules for in rem proceedings.
2. All property described in § 21-28-5.04 is subject to civil forfeiture except that:
   1. No conveyances used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the covered offense charged;
   2. No conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner of it to have been committed or omitted by any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or of the United States; and
   3. No property shall be forfeited under this section, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without knowledge or consent of that owner.
3. Property subject to forfeiture under this section may be seized by a law enforcement officer:
   1. Upon process issued pursuant to the Rules of Civil Procedure applicable to in rem proceedings;
   2. Upon process issued pursuant to a legally authorized search warrant; or
   3. Without court process when:
      1. The seizure is incident to a lawful arrest or search;
      2. The property subject to seizure has been the subject of a prior judgment in favor of the state in a controlled substance act;
      3. The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
      4. The law enforcement officer has probable cause to believe that the property is forfeitable under § 21-28-5.04 .
4. In the event of a seizure under § 21-28-5.04 the property shall not be subject to sequestration or attachment but is deemed to be in the custody of the law enforcement agency making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the law enforcement agency making the seizure may:
   1. Place the property under seal;
   2. Remove the property to a storage area for safekeeping;
   3. Remove the property to a place designated by the court; or
   4. Request another agency authorized by law to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.
5. As soon as practicable after seizure, the seizing agency shall conduct an inventory upon and cause the appraisal of the property seized.
6. In the event of a seizure under this section, the seizing agency shall within thirty (30) days send to the attorney general a written request for forfeiture, which shall include a statement of all facts and circumstances including the names of all witnesses then known, the appraised value of the property and the statutory provision relied upon for forfeiture.
7. The attorney general shall immediately examine the facts and applicable law of the cases referred to him or her pursuant to this section, and if it is probable that the property is subject to forfeiture shall immediately cause the initiation of administrative or judicial proceedings against the property. If, upon inquiry and examination, the attorney general determines that those proceedings probably cannot be sustained or that justice does not require the institution of the proceedings, he or she shall make a written report of those findings, transmit a copy to the seizing agency, and immediately authorize the release of the property.
8. If the value of any personal property seized does not exceed twenty thousand dollars ($20,000), the attorney general may forfeit the property administratively in the following manner:
   1. The attorney general shall provide notice of intention to forfeit property administratively by publication in a local newspaper of general circulation, one day per week for three (3) consecutive weeks.
   2. In addition, to the extent practicable, the attorney general shall provide notice by registered mail of intent to forfeit the property administratively to all known interested parties and all parties whose identity is reasonably subject to discovery who may have an interest in the property seized.
   3. Notice by publication and by mail shall include:
      1. A description of the property;
      2. The appraised value of the property;
      3. The date and place of seizure;
      4. The violation of law alleged against the subject property;
      5. The instructions for filing claim and cost bond or a petition for remission or mitigation; and
      6. A notice that the property will be forfeited to the state if a petition for remission or mitigation or a claim and cost bond has not been timely filed.
   4. Persons claiming an interest in the property may file petitions for remission or mitigation of forfeiture or a claim and cost bond with the attorney general within thirty (30) days of the final notice by publication or receipt of written notice, whichever is earlier.
   5. The attorney general shall inquire into the facts and circumstances surrounding petitions for remission or mitigation of forfeiture.
   6. The attorney general shall provide the seizing agency and the petitioner a written decision on each petition for remission or mitigation within sixty (60) days of receipt of the petition unless the circumstances of the case require additional time, in which case the attorney general shall notify the petitioner in writing and with specificity within the sixty (60) day period that the circumstances of the case require additional time and further notify the petitioner of the expected decision date.
   7. Any person claiming seized property under this subsection may institute de novo judicial review of the seizure and proposed forfeiture by timely filing with the attorney general a claim and bond to the state in the amount of ten percent (10%) of the appraised value of the property or in the penal sum of two hundred fifty dollars ($250), whichever is greater, with sureties to be approved by the attorney general, upon condition that in the case of forfeiture the claimant shall pay all costs and expenses of the proceedings at the discretion of the court. Upon receipt of the claim and bond, or if he or she elects, the attorney general shall file with the court a complaint in rem in accordance with the procedures set forth in this section. Any funds received by the attorney general as cost bonds shall be placed in an escrow account pending final disposition of the case.
   8. If no petitions or claims with bonds are timely filed, the attorney general shall prepare a written declaration of forfeiture of the subject property to the state and dispose of the property in accordance with this chapter.
   9. If the petition is denied, the attorney general shall prepare a written declaration of forfeiture to the state and dispose of the property in accordance with this chapter and the attorney general’s regulations, if any, pursuant to this chapter.
   10. A written declaration of forfeiture signed by the attorney general pursuant to this chapter shall be deemed to provide good and sufficient title to the forfeited property.
9. If the value of any personal property seized exceeds twenty thousand dollars ($20,000), the attorney general shall file a complaint in rem against the property within twenty (20) days of the receipt of the report referred to in subsection (f) of this section and after this provide notice of intention to forfeit by publication in a local newspaper of general circulation for a period of at least once per week for three (3) consecutive weeks. The notice shall include:

   (1) A description of the property;

   (2) The appraised value of the property;

   (3) The date and place of seizure;

   (4) The violation of law alleged against the subject property.

10. 1. The case may be tried by a jury, if in the superior court, upon the request of either party, otherwise by the court, and the cause of forfeiture alleged being proved, the court which shall try the case shall enter upon judgment for the forfeiture and disposition of the property according to law.
    2. An appeal may be claimed by either party from any judgment of forfeiture rendered by the district court, to be taken in like manner as by defendants in criminal cases within the jurisdiction of the district court to try and determine, to the superior court for the same county in which the division of the district court rendering judgment is situated and like proceedings may be had therein as in cases of informations for forfeitures originally filed in that court.
    3. The judgment of the superior court shall be final in all cases of the forfeitures, whether originally commenced in that court or brought there by appeal, unless a new trial is ordered, for cause shown by the supreme court.
11. The in rem action shall be brought in the district court if the value of the property seized is less than two hundred fifty thousand dollars ($250,000), otherwise the in rem action shall be brought in the superior court. The attorney general shall also, to the extent practicable, provide written notice of the action in rem to all known interested parties and all persons whose identity is reasonably subject to discovery who may have an interest in the property.
12. Persons claiming an interest in the property may file claims against the property within thirty (30) days of the final notice by publication or receipt of written notice, whichever is earlier. The claims shall be filed and adjudicated in the manner set forth for petitions in criminal proceedings in § 21-28-5.04.1(f) .
13. If the property sought to be forfeited is real property, the attorney general shall file a complaint in rem in the superior court against the property. In addition to providing notice as required by this chapter, the attorney general shall file a lis pendens with respect to the property with the recorder of deeds in the city or town in which the property is located.
14. Upon order of the court forfeiting the subject property to the state, the state shall have clear title to the forfeited property, and the attorney general may transfer good and sufficient title to any subsequent purchaser or transferee. Title to the forfeited property shall be deemed to have vested in the state upon the commission of the act giving rise to the forfeiture under this chapter.
15. Upon entry of judgment for the claimant in any proceeding to forfeit property under this chapter, the property shall immediately be returned to the claimant. If it appears that there was reasonable cause for the seizure or the filing of the complaint, the court shall cause a proper certificate of that to be entered, and the claimant shall not, in that case, be entitled to costs or damages, nor shall the person or agency who made the seizure, nor the attorney general nor the prosecutor, be liable to suit or judgment on account of the seizure, suit, or prosecution.
16. In any action brought under this section, the state shall have the initial burden of showing the existence of probable cause for seizure or arrest of the property. Upon that showing by the state, the claimant shall have the burden of showing by a preponderance of evidence that the property was not subject to forfeiture under this section.

History of Section. P.L. 1987, ch. 371, § 2; P.L. 1988, ch. 666, § 1; P.L. 2002, ch. 292, § 56.

21-28-5.05. Forfeiture of controlled substances, related materials and other property, equipment and records.

1. The following shall be subject to forfeiture to the state and no property right shall exist in them:
   1. All controlled substances manufactured, distributed, dispensed, or acquired in violation of this chapter.
   2. All raw materials, products, and equipment of any kind used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter.
   3. All property used, or intended for use, as a container for property described in subdivision (1) or (2) of this subsection, subject to the limitations of § 21-28-5.04 .
   4. All books, records and research, including formulas, microfilm, tapes, and data used, or intended for use, in violation of this chapter.
   5. All imitation controlled substances manufactured, distributed, or acquired in violation of this chapter.
2. Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure. Whenever property is forfeited under this chapter the law enforcement agency may:
   1. Retain the property for official use;
   2. Sell any forfeited property which is not required by this chapter to be destroyed and which is not harmful to the public, but the proceeds of the sale, after first deducting an amount sufficient for all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs, shall be paid to the general treasurer for the use of the state.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 2002, ch. 292, § 54.

21-28-5.06. Seizure of contraband.

All controlled substances, which may be handled, sold, possessed, or distributed in violation of any of the provisions of this chapter shall be and are declared to be contraband; and shall be subject to seizure and confiscation by any state or local officer whose duty it is to enforce the laws of this state relating to controlled substances.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.07. Disposition of controlled substances.

1. Any person lawfully in possession of excess or undesired controlled substances shall dispose of the controlled substances in a manner established in regulation by the director which shall include, but not be limited to, requirements that the person shall keep a full and complete record of all controlled substances received and of all controlled substances disposed of, showing: (1) the exact kinds, quantities, and forms of the controlled substances; (2) the persons from whom received and to whom delivered; (3) by whose authority received, delivered, and destroyed; and (4) the date of the receipt, disposal or destruction, which record shall be open to inspection by all federal or state officers, including the director of health and the director’s delegated personnel, charged with the enforcement of federal law or of this chapter.
2. Controlled substances and imitation controlled substances seized by or in the possession of the Rhode Island state police shall be distributed or destroyed as provided by regulation. The superintendent of state police shall keep a full and complete record of all controlled substances received and of all controlled substances disposed of, showing: (1) the exact kinds, quantities, and forms of the controlled substances; (2) the persons from whom received and to whom delivered; (3) by whose authority received, delivered, and destroyed; and (4) the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal or state officers charged with the enforcement of federal law or of this chapter.
3. Controlled substances and imitation controlled substances seized by or in the possession of any municipal or state law enforcement agency other than the Rhode Island state police shall be distributed or destroyed as provided by regulation. The chief law enforcement official of each agency shall keep a full and complete record of all controlled substances received and of all controlled substances disposed of, showing: (1) the exact kinds, quantities, and forms of the controlled substances; (2) the persons from whom received and to whom delivered; (3) by whose authority received, delivered, and destroyed; and (4) the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal or state officers charged with the enforcement of federal law or of this chapter.
4. The director of health or his or her designee is authorized: (1) to enter any premises where controlled substances are brought for disposal pursuant to this section; (2) to inspect any and all aspects of the disposal process and related records; and (3) to obtain and test samples of any and all controlled substances being processed for disposal for the purpose of determining compliance with state and federal law.

History of Section. P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1983, ch. 194, § 1; P.L. 1997, ch. 30, art. 28, § 5; P.L. 2002, ch. 292, § 54.

21-28-5.07.1. Application for use in other cases.

1. Notwithstanding any provision of § 21-28-5.07 , the attorney general may apply ex parte to the presiding justice of the superior court for an order authorizing the state police, local police or an investigator appointed pursuant to § 42-9-8.1 designated by the attorney general, to use controlled substances seized as contraband in matters which have been finally disposed by the courts, in the investigation of other controlled substance violations.
2. Prior to the application by the attorney general, the law enforcement agency requesting the use of the controlled substance shall submit to the attorney general, or an assistant attorney general designated by the attorney general, an enforcement plan outlining the proposed use of the controlled substances.
3. The attorney general or an assistant attorney general specially designated by the attorney general may apply ex parte to the presiding justice of the superior court for an order authorizing the use of controlled substances seized as contraband in matters which have been finally disposed of by the courts in the investigation of other controlled substance violations. Each application shall be in writing, subscribed and sworn to by the applicant. The application shall contain:
   1. The identity of the officer making the application;
   2. A full and complete statement of facts and circumstances relied upon by the applicant to justify his or her belief that an order should be issued, which shall include details as to the particular offense that has been, is being, or is about to be committed, and the identity of the person or persons, who has committed, is committing or is about to commit a particular designated offense;
   3. The court case number(s), the name of the defendant(s), and the status of the case from which the controlled substances have been derived; and
   4. The quantity and type of controlled substances which are sought to be used.
4. The presiding justice may require the applicant to furnish additional testimony under oath or produce other documentary evidence in support of the application.
5. Allegation of fact in the application may be based either upon the personal knowledge of the applicant or upon information and belief. If the applicant personally knows the fact alleged it must be so stated. If the facts establishing reasonable cause are derived in whole or in part from the statements of persons other than the applicant, the sources of that information and belief must be either disclosed or described, and the application must contain facts establishing the existence and reliability of the informant or the reliability of the information supplied by him or her. The application must also state, as far as possible, the basis of the informant’s knowledge or belief. If the applicant’s information and belief is derived from tangible evidence or recorded oral evidence, a copy or detailed description of it should be annexed to or included in the application. Affidavits of persons other than the applicant must be submitted in conjunction with the application if they tend to support any fact or conclusion alleged in the application. The accompanying affidavit may be based either on personal knowledge of the affiant, or information and belief with the source of the information and belief and reasons for it specified.
6. An application may be made to the senior associate justice if the presiding justice shall deem it appropriate to disqualify himself or herself from hearing the application.

History of Section. P.L. 1991, ch. 295, § 1.

21-28-5.07.2. Issuance of orders.

Upon an application as provided in § 21-28-5.07.1 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, authorizing the use of controlled substances seized as contraband if the justice determines on the basis of the evidence submitted that:

1. There is probable cause to believe that a particular, identified individual is committing, has committed or is about to commit a particular designated offense;
2. It has been demonstrated that the use of the controlled substances will assist law enforcement officials in the investigation of felony violations of this chapter or felony violations of other criminal laws of this state and that normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.

History of Section. P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.

21-28-5.07.3. Disclosure.

Notwithstanding the decision of the justice, any materials submitted or testimony offered pursuant to § 21-28-5.07.1 shall be kept under seal and not available for inspection, except after a hearing by the issuing justice who shall determine, prior to their release, that the sealing of the records is no longer necessary for the protection of the integrity of the investigation or that the protection of any sources of information which contributed to the investigation will not be compromised by the release.

History of Section. P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.

21-28-5.07.4. Control of controlled substance.

1. Any controlled substance, which has been authorized to be used by the state police, local police or investigator appointed pursuant to § 42-9-8.1 designated by the attorney general in investigations of controlled substance violations shall be kept under the physical control of the requesting law enforcement agency until the controlled substance is to be used in an investigation.
2. When used in an investigation, at no time shall any substantial amount of the controlled substance be physically delivered to a person unless the police intend to and are able to immediately arrest the person to whom the controlled substance was delivered for commission of a felony criminal offense.
3. Upon final disposition of all matters regarding the use of any controlled substances in accordance with § 21-28-5.07.1 , the controlled substance shall be destroyed in accordance with the provisions of § 21-28-5.07 .

History of Section. P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.

21-28-5.07.5. Rules and regulations.

The attorney general shall promulgate rules and regulations in furtherance of the administration of his or her responsibilities pursuant to this chapter and concerning the custody and control of all controlled substances utilized pursuant to § 21-28-5.07.1 and no application for use of controlled substances shall be applied for until the rules and regulations have been formally approved by the attorney general.

History of Section. P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.

21-28-5.08. Burden of proof.

1. It shall not be necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of pleading and proof of any exemption or exception shall be upon the person claiming its benefit.
2. In the absence of proof that a person is the duly authorized holder of an appropriate registration or an official written order issued under federal law, he or she shall be presumed not to be the holder of the registration form, and the burden of proof shall be upon him or her to rebut the presumption.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.09. Revocation of license of persons convicted.

On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment or decision and the sentence, and of the opinion of the court, if one is filed, shall immediately be sent by the clerk of the court to the director of health, who in turn shall notify the board, division, commission, officer, or officers by whom the convicted person was licensed or registered to practice his or her profession, trade, occupation, or to carry on his or her business. The licensing board, division, commission, officer, or officers shall enter upon its records a statement of the conviction and shall immediately revoke the license or registration and notify the director of health within seven (7) days to that effect. On the application of any person whose license or registration has been revoked, and upon proper showing and for good cause, the board, division, commission, officer, or officers may reinstate the license or registration, and when it does it shall so notify the director of health.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.10. Inspection of records — Information or knowledge obtained confidential.

Prescriptions, orders, and records required by this chapter, and stocks of controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. No person having information or knowledge by virtue of his or her office of any prescription, order, or record shall divulge or shall be required to divulge that information or knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer to which prosecution or proceeding the person to whom the prescription, orders, or records relate is a party. Any personal records of individual use of controlled substances shall be destroyed after two (2) years unless the records relate to an on-going judicial proceeding.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.11. Suspension of license or registration of drug dependent persons.

If any person licensed or registered to practice his or her profession, trade, occupation, or carry on his or her business shall at any time, after a fair hearing held upon reasonable notice, and upon the production of sufficient evidence, is found by the director of health to be a drug dependent person, then the director shall, within seven (7) days after the hearing, give notice in writing to the board, division, commission, officer, or officers issuing a license to the practitioner or nurse, that the practitioner, or nurse is a drug dependent person, and the board, division, commission, officer, or officers empowered to issue the license or registration shall in regular course examine the facts in the case and shall, in their judgment, suspend the license or registration and shall immediately notify the director of health that the license or registration has been suspended, and the license or registration shall remain suspended until the time as the director of health shall notify the board, division, commission, officer, or officers empowered to issue the license or registration that in the opinion of the director of health the person whose license or registration is suspended is no longer a drug dependent person, and upon that notice the license or registration may be reissued by the board, commission, officer, or officers empowered to issue the license or registration.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.12. Appropriations and disbursements.

The general assembly shall annually appropriate any sums that it may deem necessary for the payment of the necessary expenses incurred by the department in the performance of its duties; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums or so much of them as is required, upon receipt by him or her of proper vouchers approved by the director of health.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.13. Severability.

If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1974, ch. 183, § 2.

21-28-5.14. Judicial review.

All final determinations, findings, and conclusions of the director of health under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by the decision may obtain review of the decision in the superior court. Findings of fact by the director of health, if supported by substantial evidence, shall be conclusive. Judicial review shall be conducted subject to the provisions of § 42-35-15 .

History of Section. P.L. 1974, ch. 183, § 2.

21-28-6.01, 21-28-6.02. Repealed.

21-28.1-1. Creation of narcotic guidance council.

The city or town council of any city or town in this state may, by resolution, create one or more narcotic guidance councils.

History of Section. P.L. 1970, ch. 24, § 2.

21-28.1-2. Powers and duties.

Narcotic guidance councils shall develop a program of community participation regarding control of the use of narcotics at the local level. These councils shall direct themselves toward accomplishing the following:

1. Make immediately available to the community, basic knowledge acquired in the field of drug use especially by youth;
2. Create a climate in which persons seeking assistance in coping with narcotics problems can meet, without embarrassment, with responsible individuals or agencies in a position to render assistance;
3. Authorize persons approved by the council to contact and counsel persons within the community suspected of using narcotics or those persons allegedly having knowledge of that usage; and
4. Cooperate with other narcotic guidance councils and with the state, and federal narcotics commissions and agencies in bringing local and community trouble areas to their attention.

History of Section. P.L. 1970, ch. 24, § 1.

21-28.1-3. Composition of councils.

1. Narcotic guidance councils shall consist of not less than three (3) nor more than five (5) members who shall be appointed by the local city or town councils for a term not exceeding three (3) years and shall whenever practicable include at least one member of the clergy, one attorney and one physician.
2. The presiding officer or chairperson of the council shall be designated by the local city or town council from among the members as appointed to the council. The local city or town council shall have authority to remove any member of the council appointed for cause, after a public hearing, if requested. A vacancy shall be filled for the unexpired term in the same manner as an original appointment. The local city or town council may provide for compensation to be paid to the members of the council and is also empowered and authorized to make any appropriation for expenses incurred by the council. The council may appoint any clerks and other employees as it may require with the approval of the local city or town council. The services and expenses of the council shall not exceed the appropriation that may be made for them by the local city or town council.

History of Section. P.L. 1970, ch. 24, § 1.

21-28.1-4. State agencies — Cooperation.

All state departments and agencies shall give all necessary aid and assistance to the various guidance councils in order to carry out the purposes of this chapter.

History of Section. P.L. 1970, ch. 24, § 1.

21-28.2-1. Definitions.

Unless the context otherwise requires, the following terms shall be construed in this chapter to have the following meanings:

1. “Department” means the department of health.
2. “Director” means the director of the department of health.
3. “Narcotic addict” means a person who is at the time of examination dependent upon opium, heroin, morphine, or any derivative or synthetic drug of that group or any other narcotic drug as defined in § 21-28-1.02 , or a depressant or stimulant substance, or who by reason of the repeated use of any such drug is in imminent danger of becoming dependent upon opium, heroin, morphine, or any derivative or synthetic drug of that group, or any other narcotic drug as defined in § 21-28-1.02 ; or any person who is or has been so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his or her addiction; provided, that no person shall be deemed a narcotic addict solely by virtue of his or her taking of any of the drugs pursuant to a lawful prescription issued by a physician in the course of professional treatment for legitimate medical purposes. For the purpose of this section, “depressant or stimulant substance” means:
   1. A drug which contains any quantity of: (A) barbituric acid or any of the salts of barbituric acid; or (B) any derivative of barbituric acid which the director after investigation has found to be habit forming;
   2. A drug which contains any quantity of: (A) amphetamine or any of its optical isomers; (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (C) any substance which the director, after investigation, has found to be and by regulation designated as habit forming because of its stimulant effect on the central nervous system;
   3. Lysergic acid diethylamide; or
   4. Any drug which contains any quantity of a substance which the director, after investigation, has found to have and by regulation designated as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
4. “Police officer” means any municipal or state police officer or any employee of the department with police powers.

History of Section. P.L. 1970, ch. 163, § 1; P.L. 1973, ch. 123, § 1; P.L. 1989, ch. 542, § 40.

21-28.2-2. Rules and regulations.

The department shall make any rules and regulations respecting the care and treatment of patients and persons referred to the department’s care and the management of the department’s affairs as are deemed necessary to carry out the expressed purposes of this chapter.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-3. Admission of narcotic addict on civil certification.

A justice of the family court or a judge of the district court may certify a narcotic addict to the care and custody of the department in the following manner:

1. Except as provided in this section, whenever any narcotic addict desires to obtain treatment for his or her addiction, whenever a related individual has reason to believe that any person is a narcotic addict, or whenever the director of health has reason to believe that any person is a narcotic addict, the addict, related individual, or director of health may apply for an order certifying that person to the care and custody of the department by presenting a verified petition setting forth knowledge, information, or belief that the person is a narcotic addict, together with a statement of the facts upon which that knowledge, information, or belief is based. When the petition is presented, the court may examine the petitioner, or any witness, under oath and shall determine whether there are reasonable grounds to believe that the person in whose behalf the application is made is a narcotic addict. If the court determines that there are reasonable grounds to believe that the person is a narcotic addict, and if the person is not also the petitioner, it shall issue an order in accordance with subdivision (2) of this section; provided, that if the court determines that the person would not comply with the order the court shall issue, in lieu of an order, a warrant in accordance with subdivision (3) of this section. When the alleged addict is the petitioner and the court determines that there are reasonable grounds to believe that the person is a narcotic addict, the court shall immediately proceed in accordance with subdivision (4) of this section. The state shall be a party in all proceedings pursuant to this section and shall act on the relation of the petitioner. The attorney general shall represent the state.
2. An order issued pursuant to this section shall direct the alleged narcotic addict to appear at a specified time before the court for a determination whether there are reasonable grounds to order that person to undergo a medical examination at a facility or by two (2) physicians designated by the director. The court shall direct that the order and petition be served upon the alleged narcotic addict personally or by registered mail and the court may direct that the order and petition be served personally or by mail upon the husband or wife, father or mother, or next of kin of the alleged narcotic addict.
3. A warrant issued pursuant to this section shall be directed to any police officer in the state commanding the officer: (i) to take the alleged narcotic addict into custody, and (ii) to immediately bring the alleged narcotic addict before the court for a determination whether there are reasonable grounds to order him or her to undergo a medical examination at a facility designated by the department. If the court is not then in session, the alleged narcotic addict may be held at a facility designated by the department or at any other detention facility until the court is in session. In this case, the head of the facility or a duly appointed representative shall advise the alleged addict of the nature of the proceeding, the reason for his or her detention, and that he or she will appear before a judge at the next court session in connection with the allegation that he or she is a narcotic addict. This person shall also inform the alleged addict that he or she has the right to the aid of counsel at every stage of the proceedings, and that if the person desires the aid of counsel and is financially unable to obtain counsel, counsel shall be assigned by the court, and that he or she is entitled to communicate free of charge, by telephone or letter, in order to obtain counsel and in order to inform a relative or friend of the proceeding. The warrant may be executed on any day including Saturdays, Sundays, and holidays and the alleged narcotic addict shall not be subjected to any more restraint than is necessary for the purposes specified in the warrant. The police officer shall exhibit the warrant to the alleged narcotic addict, and inform the alleged addict of the purpose for which he or she is being taken into custody. The officer shall not break open any outer or inner door or window of a building, or any part of the building, or anything in a building, to execute the warrant unless, if after notice of the officer’s authority and purpose, he or she is refused admittance. The warrant must be executed within thirty (30) days after its date and if not executed shall be void.
4. Upon the appearance of the alleged narcotic addict the court shall provide the alleged addict with a copy of any paper not yet served upon him or her and shall explain that, if the court finds reasonable grounds to believe that the person is a narcotic addict, it shall order him or her to undergo a medical examination at a facility or by two (2) physicians designated by the department. The court shall then advise the alleged narcotic addict that if the medical examination is ordered the alleged addict shall appear before the court after the examination as provided in paragraph (5)(i) of this section, and, if the petition and the report of the medical examination set forth reasonable grounds to believe that the person is a narcotic addict, he or she may after this be certified to the care and custody of the department for an indefinite period not exceeding three (3) years and that he or she shall have a right to a hearing prior to the certification. If the alleged narcotic addict appears without counsel, the court shall advise the person that he or she has the right to the aid of counsel at every stage of the proceedings, and that if he or she desires the aid of counsel and is financially unable to obtain counsel, then counsel shall be assigned. The court shall allow the alleged narcotic addict a reasonable time to send for counsel and shall adjourn the proceedings for that purpose. The court shall inform the alleged addict, if the person is being held in custody, that he or she is entitled to communicate free of charge, by letter or telephone, in order to obtain counsel and in order to inform a relative or friend of the proceeding. If the alleged narcotic addict does not desire the aid of counsel the court must determine that the person waived counsel having knowledge of the significance of his or her act. If the court is not satisfied that the alleged narcotic addict knows the significance of his or her act in waiving counsel, the court shall assign counsel.
5. 1. If the court, after the appearance of the alleged addict, is satisfied that there are reasonable grounds to believe that the person is a narcotic addict it shall issue an order directing the person to appear on a specified date and place for a medical examination in accordance with § 21-28.2-4 . A copy of this order shall be given to the person and a copy of the order and of any order or warrant issued in accordance with subdivisions (2), (3), or (6) of this section shall be furnished to the department.
   2. If the court has reason to believe that the person will fail to appear for the medical examination, the order shall make provision commanding any police officer of the state to immediately take the person into custody and deliver him or her to the place specified for the medical examination.
   3. Any order issued pursuant to this subdivision shall direct the person to appear before the court within seven (7) days, exclusive of Saturdays, Sundays, and holidays, after the person’s admission for the medical examination.
6. If the alleged narcotic addict fails to appear as directed by an order pursuant to this section, and the court is satisfied that timely service has been made or that service cannot be effected with due diligence, it may issue a warrant directed to any police officer in the state commanding the officer: (i) to take the alleged narcotic addict into custody, and (ii) to immediately bring the alleged addict to a specified place for a specific purpose, which shall be the place and purpose specified in the order. If the warrant commands the officer to bring the alleged addict to court and the court is not then in session, the alleged addict may be held at a facility designated by the department or at any other detention facility until the court is in session. The warrant shall be executed in the same manner and subject to the same restrictions as provided in subdivision (3) of this section.

History of Section. P.L. 1970, ch. 163, § 1; P.L. 1976, ch. 140, § 4; P.L. 2002, ch. 292, § 62.

21-28.2-4. Medical examination.

The department shall designate facilities and physicians and establish procedures for the conduct of medical examinations pursuant to this chapter. In all these cases the department shall designate two (2) qualified physicians to examine the patient. The department shall provide for the use of accepted medical procedures, tests, and treatment, which may include, but are not limited to, narcotic antagonists and thin layer chromotography. Upon conclusion of the medical examination, the persons conducting the medical examination shall promptly transmit a report of the examination to the court that directed the medical examination. If after reviewing the report the court is not satisfied that there are reasonable grounds to believe the person is a narcotic addict, it shall dismiss the petition and discharge the person. If after reviewing the report the court is satisfied that there are reasonable grounds to believe the person is a narcotic addict, it shall proceed as hereinafter provided.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-5. Determination of narcotic addiction.

The court shall promptly advise the alleged narcotic addict that the petition and the report of the medical examination set forth reasonable grounds to believe that the person is a narcotic addict, shall give him or her a copy of the report, and explain that if the court finds him or her to be a narcotic addict he or she shall be certified to the care and custody of the department for an indefinite period not exceeding three (3) years, provided that facilities are available. The court shall then advise the alleged narcotic addict that he or she has a right to a hearing before the court or a jury trial, without fee, as provided in this section. If the alleged narcotic addict appears without counsel, the court shall advise the person of his or her right to counsel and proceed in regard thereto as provided in subdivision (4) of § 21-28.2-3 .

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-6. No application for hearing or jury trial.

When no application is made for a hearing before the court or a jury trial by or on behalf of the alleged narcotic addict, the court shall, if satisfied that the person is a narcotic addict, immediately issue an order certifying the person to the care and custody of the department for the indefinite period as provided in § 21-28.2-8 , provided that facilities are available.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-7. Application for hearing or jury trial.

Upon demand by the alleged narcotic addict or anyone on his or her behalf, the court shall, or it may upon its own motion, issue an order directing the hearing of the application before the court unless the alleged addict requests a hearing before a jury. If the proceeding is in the district court, upon request, the matter shall be transferred to the superior court for the hearing and determination. The order shall be served upon the parties interested in the application and upon any other person that the court, in its discretion, may name. If the alleged addict elects a hearing before the court, he or she shall not be entitled to a jury trial. If a jury is requested, it shall be held in accordance with the rules of the superior court. At the time and place designated for the hearing by the appropriate court, it and the jury, if requested, shall proceed to hear the testimony introduced for and against the application, and the alleged narcotic addict may be examined, if deemed advisable. The court may issue subpoenas for attendance of witnesses at the hearing or trial and the alleged narcotic addict shall have the right to have subpoenas issued for this purpose. At the hearing or trial the alleged narcotic addict shall have the right to be represented by counsel, to present witnesses on his or her behalf, and to cross-examine witnesses. For purposes of this section, in a proceeding in which the alleged addict’s spouse is the petitioner, no communication made by the alleged addict to the spouse shall be deemed confidential within the provision of the general laws relating to confidential communications between husband and wife. If, from the facts ascertained upon the hearing, the proofs produced, the petition, and the report of the medical examination, the jury or, if there is no jury, the court, shall determine that the person is a narcotic addict, the court shall immediately issue an order certifying that person to the care and custody of the department for the period provided in § 21-28.2-8 , provided that facilities are available.

History of Section. P.L. 1970, ch. 163, § 1; P.L. 1976, ch. 140, § 4.

21-28.2-8. Period of commitment.

1. The period of commitment to the department shall be a period of unspecified duration which shall commence and terminate as provided in subsection (b) of this section and the court shall not fix the minimum or maximum length of the period.
2. The period shall commence on the date the order of certification is made provided that facilities are available, and shall terminate upon the first to occur of:
   1. The discharge of the narcotic addict by the department as rehabilitated; or
   2. The expiration of a period of thirty-six (36) months from the date the period commenced.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-9. Private session — Records of proceedings.

Unless the alleged narcotic addict requests, all proceedings under this chapter shall be private and shall be conducted in closed sessions. The petition, the report of the medical examination, the order directing a hearing before the court or a jury trial, if one is issued, the decision of the court, and the order of certification shall be filed in the office of the clerk of the court in which the proceedings under this chapter were had, and copies shall be presented to the department at the time of commitment of the narcotic addict to the department. The court shall order all these filed papers in the clerk’s office and all other papers in the proceeding sealed, and exhibited only to the parties to the proceedings, or someone properly interested, upon order of the court.

History of Section. P.L. 1970, ch. 163, § 1; P.L. 1976, ch. 140, § 4.

21-28.2-10. Writ of habeas corpus — Discharge.

If a writ of habeas corpus is obtained in behalf of a person certified to the department, and it appears at the hearing on the return to the writ that the person may properly be discharged, the judge or justice before whom the hearing is had shall direct.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-11. Detention — Pending hearings.

The court may, in an appropriate case, direct the detention of an alleged narcotic addict in any detention facility designated by the department on pending proceedings pursuant to this chapter.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-12. Retention, supervision, and transfer.

The department may retain any narcotic addict certified to its care and custody in a rehabilitation center or other facility designated by the department, or under any form of supervision it may deem appropriate, or may assign or transfer the narcotic addict to the facilities or supervision of any other department or agency of the state or of a person, association, or corporation providing facilities or services approved by the department provided that any assignment or transfer shall be pursuant to procedures prescribed by law and rules and regulations adopted by the department and agreed to by the department, agency, person, association, or corporation, and provided, that no narcotic addict certified to the care and custody of the department pursuant to §§ 21-28.2-3 — 21-28.2-11 shall be assigned or transferred to any correctional institution. A person assigned or transferred shall continue to be under the jurisdiction of the department except that the person shall be temporarily cared for, treated, or supervised by the department, agency, person, association, or corporation to which he or she is transferred.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-13. Preservation of rights.

The certification of a narcotic addict to the care and custody of the department pursuant to §§ 21-28.2-3 — 21-28.2-11 , or the transfer of the narcotic addict pursuant to § 21-28.2-12 , shall not forfeit or abridge any of the rights of the narcotic addict as a citizen of the United States or of the state of Rhode Island, nor shall the provisions of the election law depriving or limiting the right of a person admitted or certified to a mental institution to register or vote be applicable to the narcotic addict; nor shall the facts or proceedings relating to the admission, certification, or treatment of the narcotic addict be used against that person in any proceeding in any court, other than a proceeding pursuant to the provisions of this chapter.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-14. Proceedings with respect to juveniles.

Nothing in this chapter shall deprive any narcotic addict of the right to the jurisdiction of the family court, provided that if the family court in accordance with the procedures as set out in this chapter determines that any person is a narcotic addict the court shall certify the defendant to the care and custody of the department in accordance with the procedures specified in this chapter, provided that facilities are available.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-14.1. Appeals.

A party aggrieved by a final order of a court entered in a proceeding brought under this chapter may appeal that order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.

History of Section. P.L. 1976, ch. 140, § 5.

21-28.2-15. Chapter inapplicable in criminal cases.

The provisions of this chapter shall not be applicable with respect to any person against whom there is pending a criminal charge, whether by indictment or by information, which has not been fully determined or who is on probation or whose sentence following conviction on that charge, including any time on parole or mandatory release, has not been fully served, except that:

1. This provision shall be applicable to any person on probation, parole, or mandatory release if the authority authorized to require that person’s return to custody consents to his or her commitment;
2. This provision shall be applicable to any person who is before a judge or justice on any criminal charge, only if the judge or justice finds reasonable grounds to believe that the person is a narcotic addict. If the judge or justice finds such reasonable grounds he or she shall inform the director of health of this finding and the director of health shall then proceed in accordance with the provisions of this chapter.

History of Section. P.L. 1970, ch. 163, § 1; P.L. 1989, ch. 542, § 40.

21-28.2-16. Department’s consent to certification.

Notwithstanding the provisions of this chapter, no narcotic addict shall be certified to the care and custody of the department unless the department consents to the certification and facilities are available.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-17. Care, custody, and supervision of narcotic addicts.

1. The department shall establish regulations and standards for custody, release, aftercare, and aftercare supervision of narcotic addicts who have been certified to its care and custody pursuant to any provision of this chapter.
2. A person who has been certified to the care and custody of the department pursuant to any provision of this chapter who, while confined in any facility, escapes from the facility, or who either fails to report as required or who absconds from aftercare supervision shall be declared delinquent by the department as of the date of escape, failure to report, or abscondence. The declaration of delinquency shall interrupt the period of the commitment as of the date of delinquency and the interruption shall continue until the return of the person to the facility from which he or she escaped or until his or her return to the authorized supervision of the department.
3. The department shall have the power to issue a warrant for the arrest of a person declared delinquent by it. A warrant issued pursuant to this subsection shall be directed to any police officer in the state for execution. The warrant shall constitute sufficient authority to hold in temporary custody the person retaken pursuant to it until the time as the person can be returned to the department and no order of commitment shall be necessary for it.

History of Section. P.L. 1970, ch. 163, § 1; P.L. 1974, ch. 242, § 1.

21-28.2-18. Discharge of certified narcotic addicts.

Any other provisions of this article notwithstanding, a narcotic addict certified to the care and custody of the department may be discharged from that care and custody in order to serve another certification, commitment, or sentence, provided the period of the other certification, commitment, or sentence is likely to extend beyond the termination of the certification from which he or she would be discharged.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-19. Aftercare — Supervision of certain narcotic addicts.

The department shall establish and conduct programs of care and supervision for narcotic addicts into which narcotic addicts who have completed a prescribed course of inpatient treatment may be placed upon the department’s determination that the narcotic addict will benefit by supervision and aftercare treatment. The facilities and programs for supervision and aftercare by private agencies and agencies of political subdivisions of the state shall be reviewed and approved by the department to determine if they conform to the standards established by the department. The department shall establish regulations and standards for release and aftercare placement of narcotic addicts. The department shall have the power to order any narcotic addict from aftercare supervision to inpatient treatment.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-20. Approval of rehabilitation facilities and service.

1. No narcotic addict certified to the care and custody of the department shall be assigned or transferred to or retained by any person, association, or corporation operating a facility for the care, treatment, or rehabilitation of narcotic addicts, or providing organized services for the treatment, care, or rehabilitation of narcotic addicts, unless the facility or services have been approved by the department pursuant to this section. That approval shall be granted pursuant to rules and regulations of the department which rules and regulations shall prescribe standards of good moral character, financial responsibility, adequacy of buildings and equipment, quality of care, qualifications of personnel, and form of records to be maintained, and shall provide for periodic review of the approval.
2. An application for the approval of the department pursuant to subsection (a) of this section shall be filed with the director together with any other forms and information that shall be prescribed by, or acceptable to, the department.
3. If the department proposes to disapprove the application, it shall afford the applicant an opportunity to request a public hearing. If requested, a public hearing shall be held and may be conducted by the director or the director’s duly appointed designee.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-21. Annual appropriation.

The general assembly shall annually appropriate a sum that it may deem necessary to carry out the purposes of this chapter.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.2-22. Severability.

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1970, ch. 163, § 1.

21-28.3-1. Drug abuse reporting system established.

The director of health, or the director’s designee, shall establish and maintain a drug abuse reporting system to compile relevant statistics of incidents of drug abuse, for the purpose of aiding and assisting health and social service agencies, public and private, in the treatment and rehabilitation of victims of drug abuse.

History of Section. P.L. 1972, ch. 263, § 1; P.L. 1997, ch. 30, art. 28, § 6.

21-28.3-2. Contents of statistics.

The statistics shall include, but not be limited to, the age, sex, occupation, background, and degree of apparent dependency of the individual involved, and the nature and type of drug involved, according to forms and regulations established by the director, which forms and regulations are exempted from the Administrative Procedures Act, chapter 35 of title 42. All hospitals, physicians, and state and local law enforcement agencies shall be required to report, on a monthly basis, the facts and circumstances of incidents of drug abuse to the department of health in accordance with the reporting system established by the director of the department of health.

History of Section. P.L. 1972, ch. 263, § 1.

21-28.3-3. Confidentiality.

In the maintenance, compilation, and providing of the statistics, the director of health, the hospitals, and the physicians shall maintain a confidentiality with respect to the identity of the individuals involved except where ordered to the contrary by any court of competent jurisdiction in the state; that confidentiality shall not extend to the records and files of the law enforcement agencies, except insofar as the confidentiality is protected under other provisions of the general laws, or otherwise. The director is authorized to provide any public or private drug control agency or social service agency with the compilation and detail of the statistics described in §§ 21-28.3-1 and 21-28.3-2 .

History of Section. P.L. 1972, ch. 263, § 1.

21-28.3-4. Breach of confidentiality.

Any person who directly or indirectly violates or conspires to violate the confidentiality provisions of § 21-28.3-3 shall be guilty of a misdemeanor and shall be punishable by a sentence of up to six (6) months in jail and/or a fine of up to one thousand dollars ($1000).

History of Section. P.L. 1972, ch. 263, § 1.

21-28.4-1. Controlled substances therapeutic research program established — Participation.

1. There is established within the department of health the “controlled substances therapeutic research program.” The program shall be administered by the director of health or the director’s designee. The department shall promulgate rules and regulations necessary for proper administration of this chapter.
2. The controlled substances therapeutic research program shall be limited to patients who are certified by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional drug therapies or where these conventional therapies have proven effective but expose the patient to intolerable side effects.
3. The director of health is authorized to protect the privacy of individuals who are participants in the controlled substances therapeutic program by withholding from all persons not directly connected with the conduct of the program the names and other identifying characteristics of the participants. Persons who are given this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are participants in the controlled substances therapeutic research program, except to the extent necessary to permit the director of health to determine whether the controlled substances therapeutic program is being conducted in accordance with the authorization.

History of Section. P.L. 1980, ch. 375, § 1; P.L. 1986, ch. 236, § 1.

21-28.4-2. Review of program applications and practitioners.

The director of health or the director’s designee shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners, and certify their participation in the program.

History of Section. P.L. 1986, ch. 236, § 1.

21-28.4-3. Acquisition of supplies.

The director of health is authorized to apply for controlled substances in schedule I of § 21-28-2.08 , in accordance with the provisions of § 21-31-16 .

History of Section. P.L. 1980, ch. 375, § 1; P.L. 1989, ch. 542, § 41.

21-28.4-4. Distribution of supplies.

The director of health shall cause the controlled substances to be dispensed to the certified patient by a practitioner or facility approved by the director of health. The director of health shall file the names of certified practitioners and facilities with the secretary of state.

History of Section. P.L. 1980, ch. 375, § 1.

21-28.4-5. Form of record.

The form of records and who shall keep records shall be the same as required by § 21-28-3.16 .

History of Section. P.L. 1980, ch. 375, § 1.

21-28.4-6. Security.

The security requirements for controlled substances used shall be the same as those provided for in § 21-28-3.28 .

History of Section. P.L. 1980, ch. 375, § 1.

21-28.4-7. Report.

The director of health shall report his or her findings and recommendations to the governor and the legislature on an annual basis.

History of Section. P.L. 1980, ch. 375, § 1; P.L. 1986, ch. 236, § 1.

21-28.4-8. Disposition of controlled substances.

Excess or undesired controlled substances used in the controlled substances therapeutic research program shall be disposed of in accordance with the provisions of § 21-28-5.07 .

History of Section. P.L. 1980, ch. 375, § 1.

21-28.4-9. Enforcement.

It is the duty of the department of health and its agents designated by the director of health to enforce all provisions of this chapter.

History of Section. P.L. 1980, ch. 375, § 1.

21-28.4-10. Penalties.

Any person who violates any provision of this chapter, the penalty for which is not specified in the Uniform Controlled Substances Act, chapter 28 of this title, or of the rules and regulations of the director of health made under authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than five hundred dollars ($500), or both.

History of Section. P.L. 1980, ch. 375, § 1.

21-28.4-11. Appropriations.

The director of health shall provide necessary space, personnel, and material to carry out the provisions of this chapter. Extra costs incurred shall be annually submitted by the director of health in the director’s budget request in a one-line item for the controlled substance therapeutic research program.

History of Section. P.L. 1980, ch. 375, § 1.

21-28.5-1. “Drug paraphernalia” defined.

1. As used in this chapter, “drug paraphernalia” means all equipment, products, and materials of any kind which are intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repackaging, storing, containing, concealing, ingesting, inhaling, or introducing into the human body a controlled substance in violation of chapter 28 of this title. “Drug paraphernalia” includes, but is not limited to, all of the following:
   1. Kits intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
   2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
   3. Isomerization devices intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance;
   4. Testing equipment intended for use or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
   5. Scales and balances intended for use or designed for use in weighing or measuring controlled substances;
   6. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances;
   7. Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in cleaning or refining, marijuana;
   8. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances;
   9. Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances;
   10. Containers and other objects intended for use or designed for use in storing or concealing controlled substances; and
   11. Objects intended for use or designed for use in ingesting, inhaling, or introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
       1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
       2. Water pipes;
       3. Carburetion tubes and devices;
       4. Smoking and carburetion masks;
       5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
       6. Miniature cocaine spoons, and cocaine vials;
       7. Chamber pipes;
       8. Carburetor pipes;

          (xi) Electric pipes;

          (x) Air-driven pipes;

          (xi) Chillums;

          (xii) Bongs;

          (xiii) Ice pipes or chillers; and

          (xiv) Wide rolling papers which are designed for drug use.

2. In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
   1. Statements by an owner or by anyone in control of the object concerning its use;
   2. Prior conviction, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
   3. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who the owner or person in control of the object knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
   4. Instructions, oral or written, provided with the object concerning its use;
   5. Descriptive materials accompanying the object that explain or depict its use;
   6. National and local advertising concerning its use;
   7. The manner in which the object is displayed for sale;
   8. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
   9. The existence and scope of legitimate uses for the object in the community; and
   10. Expert testimony concerning its use.

History of Section. P.L. 1982, ch. 384, § 1; P.L. 2000, ch. 363, § 2; P.L. 2000, ch. 520, § 2.

21-28.5-2. Manufacture or delivery of drug paraphernalia — Penalty.

It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human body a controlled substance in violation of chapter 28 of this title. A violation of this section shall be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding two (2) years, or both.

Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery of drug paraphernalia to a person acting in accordance with chapter 28.6 of this title shall not be considered a violation of this chapter.

History of Section. P.L. 1982, ch. 384, § 1; P.L. 2019, ch. 88, art. 15, § 4.

21-28.5-3. Delivery of drug paraphernalia to a minor — Penalty.

Any person eighteen (18) years of age or over who violates § 21-28.5-2 by delivering drug paraphernalia to a person under eighteen (18) years of age shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment not to exceed five (5) years, or both.

History of Section. P.L. 1982, ch. 384, § 1; P.L. 2004, ch. 6, § 1.

21-28.5-4. Severability.

If any provisions of this chapter or application of any provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.

History of Section. P.L. 1982, ch. 384, § 1.

21-28.6-1. Short title.

This chapter shall be known and may be cited as “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.”

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1.

21-28.6-2. Legislative findings.

The general assembly finds and declares that:

1. Modern medical research has discovered beneficial uses for marijuana in treating or alleviating pain, nausea, and other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences’ Institute of Medicine in March 1999.
2. According to the U.S. Sentencing Commission and the Federal Bureau of Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.
3. Although federal law currently prohibits any use of marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the health and welfare of its citizens.
4. States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.
5. State law should make a distinction between the medical and nonmedical use of marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical conditions, and their physicians and primary caregivers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana.
6. The general assembly enacts this chapter pursuant to its police power to enact legislation for the protection of the health of its citizens, as reserved to the state in the Tenth Amendment of the United States Constitution.
7. It is in the state’s interests of public safety, public welfare, and the integrity of the medical marijuana program to ensure that the possession and cultivation of marijuana for the sole purpose of medical use for alleviating symptoms caused by debilitating medical conditions is adequately regulated.
8. The goal of the medical marijuana program is to create a system that is transparent, safe, and responsive to the needs of patients. Consequently, the medical marijuana program requires regulation and a comprehensive regulatory structure that allows for oversight over all suppliers of medical marijuana while ensuring both safety and patient access.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1.

21-28.6-3. Definitions.

For the purposes of this chapter:

1. “Authorized purchaser” means a natural person who is at least twenty-one (21) years old and who is registered with the department of health for the purposes of assisting a qualifying patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no more than one patient, and is prohibited from consuming marijuana obtained for the use of the qualifying patient. An authorized purchaser shall be registered with the department of health and shall possesses a valid registry identification card.
2. “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including “marijuana,” and “industrial hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of title 2.
3. “Cannabis testing laboratory” means a third-party analytical testing laboratory licensed by the department of health, in coordination with the department of business regulation, to collect and test samples of cannabis.
4. “Cardholder” means a person who has been registered or licensed with the department of health or the department of business regulation pursuant to this chapter and possesses a valid registry identification card or license.
5. “Commercial unit” means a building, or other space within a commercial or industrial building, for use by one business or person and is rented or owned by that business or person.
6. 1. “Compassion center” means a not-for-profit corporation, subject to the provisions of chapter 6 of title 7, and is licensed under § 21-28.6-12 , that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.
   2. “Compassion center cardholder” means a principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the department of business regulation and has been issued and possesses a valid, registry identification card.
7. “Debilitating medical condition” means:
   1. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these conditions;
   2. A chronic or debilitating disease or medical condition, or its treatment, that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn’s disease; or agitation of Alzheimer’s Disease; or
   3. Any other medical condition or its treatment approved by the department of health, as provided for in § 21-28.6-5 .
8. “Department of business regulation” means the office of cannabis regulation within the Rhode Island department of business regulation or its successor agency.
9. “Department of health” means the Rhode Island department of health or its successor agency.
10. “Department of public safety” means the Rhode Island department of public safety or its successor agency.
11. “Dried marijuana” means the dried leaves and flowers of the marijuana plant as defined by regulations promulgated by the department of business regulation.
12. “Dwelling unit” means the room, or group of rooms, within a residential dwelling used or intended for use by one family or household, or by no more than three (3) unrelated individuals, with facilities for living, sleeping, sanitation, cooking, and eating.
13. “Equivalent amount” means the portion of usable marijuana, be it in extracted, edible, concentrated, or any other form, found to be equal to a portion of dried marijuana, as defined by regulations promulgated by the department of business regulation.
14. “Immature marijuana plant” means a marijuana plant, rooted or unrooted, with no observable flower or buds.
15. “Licensed medical marijuana cultivator” means a person or entity, as identified in § 43-3-6 , who or that has been licensed by the department of business regulation to cultivate medical marijuana pursuant to § 21-28.6-16 .
16. “Marijuana” has the meaning given that term in § 21-28-1.02 .
17. “Marijuana establishment licensee” means any person or entity licensed by the department of business regulation under this chapter whose license permits it to engage in or conduct activities in connection with the medical marijuana program. “Marijuana establishment licensees” shall include compassion centers, medical marijuana cultivators, and cannabis testing laboratories.
18. “Mature marijuana plant” means a marijuana plant that has flowers or buds that are readily observable by an unaided visual examination.
19. “Medical marijuana emporium” means any establishment, facility or club, whether operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, or use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among registered patients, registered caregivers, authorized purchaser cardholders or any other person. This shall not include a compassion center regulated and licensed by the department of business regulation pursuant to the terms of this chapter.
20. “Medical marijuana” means marijuana and marijuana products that satisfy the requirements of this chapter and have been given the designation of “medical marijuana” due to dose, potency, form. Medical marijuana products are only available for use by patient cardholders, and may only be sold to or possessed by patient cardholders, or their registered caregiver, or authorized purchaser in accordance with this chapter. Medical marijuana may not be sold to, possessed by, manufactured by, or used except as permitted under this chapter.
21. “Medical marijuana plant tag set” or “plant tag” means any tag, identifier, registration, certificate, or inventory tracking system authorized or issued by the department or which the department requires be used for the lawful possession and cultivation of medical marijuana plants in accordance with this chapter.
22. “Medical use” means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the consumption of marijuana to alleviate a patient cardholder’s debilitating medical condition or symptoms associated with the medical condition in accordance with the provisions of this chapter.
23. “Practitioner” means a person who is licensed with authority to prescribe drugs pursuant to chapters 34, 37, and 54 of title 5, who may provide a qualifying patient with a written certification in accordance with regulations promulgated by the department of health.
24. “Primary caregiver” means a natural person who is at least twenty-one (21) years old who is registered under this chapter in order to, and who may assist one qualifying patient, but no more than five (5) qualifying patients, with their medical use of marijuana, provided that a qualified patient may also serve as his or her own primary caregiver subject to the registration and requirements set forth in § 21-28.6-4 .
25. “Qualifying patient” means a person who has been certified by a practitioner as having a debilitating medical condition and is a resident of Rhode Island.
26. “Registry identification card” means a document issued by the department of health or the department of business regulation, as applicable, that identifies a person as a registered qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued by the department of business regulation that identifies a person as a registered principal officer, board member, employee, volunteer, or agent of a compassion center, licensed medical marijuana cultivator, cannabis testing lab, or any other medical marijuana licensee.
27. “Unusable marijuana” means marijuana seeds, stalks, and unusable roots and shall not count towards any weight-based possession limits established in this chapter.
28. “Usable marijuana” means the leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.
29. “Wet marijuana” means the harvested leaves and flowers of the marijuana plant before they have reached a dry state, as defined by regulations promulgated by the department of health and department of business regulation.
30. “Written certification” means a statement signed by a practitioner, stating that, in the practitioner’s professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. A written certification shall be made only in the course of a bona fide, practitioner-patient relationship after the practitioner has completed a full assessment of the qualifying patient’s medical history. The written certification shall specify the qualifying patient’s debilitating medical condition or conditions which may include the qualifying patient’s relevant medical records.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2016, ch. 415, § 1; P.L. 2016, ch. 416, § 1; P.L. 2018, ch. 47, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5.

21-28.6-4. Protections for the medical use of marijuana.

1. A qualifying patient cardholder who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for the medical use of medical marijuana; provided that the qualifying patient cardholder possesses an amount of medical marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature marijuana plants that are accompanied by valid medical marijuana plant tags, two and one-half ounces (2.5 oz.) of dried medical marijuana, or its equivalent amount which satisfies the requirements of this chapter, and an amount of wet medical marijuana to be set by regulations promulgated by the department of business regulation. The plants shall be stored in an indoor facility. Marijuana plants and the marijuana they produce shall only be grown, stored, manufactured, and processed in accordance with regulations promulgated by the department of business regulation;
2. An authorized purchaser who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the possession of medical marijuana; provided that the authorized purchaser possesses an amount of medical marijuana that does not exceed two and one-half (2.5) ounces of usable marijuana, or its equivalent amount, and this medical marijuana was purchased legally from a compassion center for the use of their designated qualifying patient.
3. A qualifying patient cardholder, who has in his or her possession a registry identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or before December 31, 2016, to a compassion center cardholder, medical marijuana of the type and in an amount not to exceed that set forth in subsection (a) that he or she has cultivated or manufactured pursuant to this chapter.
4. No school or landlord may refuse to enroll, or lease to, or otherwise penalize, a person solely for his or her status as a cardholder. Provided, however, due to the safety and welfare concern for other tenants, the property, and the public, as a whole, a landlord may have the discretion not to lease, or continue to lease, to a cardholder who cultivates, manufactures, processes, smokes, or vaporizes medical marijuana in the leased premises.
5. No employer may refuse to employ, or otherwise penalize, a person solely for his or her status as a cardholder, except:
   1. To the extent employer action is taken with respect to such person’s:
      1. Use or possession of marijuana or being under the influence of marijuana in any workplace;
      2. Undertaking a task under the influence of marijuana when doing so would constitute negligence or professional malpractice or jeopardize workplace safety;
      3. Operation, navigation, or actual physical control of any motor vehicle or other transport vehicle, aircraft, motorboat, machinery or equipment, or firearms while under the influence of marijuana; or
      4. Violation of employment conditions pursuant to the terms of a collective bargaining agreement; or
   2. Where the employer is a federal contractor or otherwise subject to federal law such that failure of the employer to take such action against the employee would cause the employer to lose a monetary or licensing related benefit.
6. A primary caregiver cardholder, who has in his or her possession a registry identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a patient cardholder, to whom he or she is connected through the department of health or department of business regulation’s registration process, with the medical use of medical marijuana; provided, that the primary caregiver cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants that are accompanied by valid medical marijuana tags, two and one-half (2.5) ounces of usable marijuana, or its equivalent amount, and an amount of wet marijuana set in regulations promulgated by the departments of health and business regulation for each qualified patient cardholder to whom he or she is connected through the department of health’s registration process.
7. A qualifying patient cardholder shall be allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) immature marijuana plants that are accompanied by valid medical marijuana tags. A primary caregiver cardholder shall be allowed to possess a reasonable amount of unusable marijuana, including up to twenty-four (24) immature marijuana plants that are accompanied by valid medical marijuana tags and an amount of wet marijuana set in regulations promulgated by the departments of health and business regulation.
8. There shall exist a presumption that a cardholder is engaged in the medical use of marijuana if the cardholder:
   1. Is in possession of a registry identification card; and
   2. Is in possession of an amount of marijuana that does not exceed the amount permitted under this chapter. Such presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the medical condition.
9. A primary caregiver cardholder may receive reimbursement for costs associated with assisting a qualifying patient cardholder’s medical use of marijuana. A primary caregiver cardholder may only receive reimbursement for the actual costs of goods, materials, services or utilities for which they have incurred expenses. A primary caregiver may not receive reimbursement or compensation for his or her time, knowledge, or expertise. Compensation shall not constitute sale of controlled substances under state law. The department of business regulation may promulgate regulations for the documentation and tracking of reimbursements and the transfer of medical marijuana between primary caregivers and their registered patients.
10. A primary caregiver cardholder, who has in his or her possession a registry identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or before December 31, 2016, to a compassion center cardholder, marijuana, of the type, and in an amount not to exceed that set forth in subsection (f), if:
    1. The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not to exceed the limits of subsection (f); and
    2. Each qualifying patient cardholder the primary caregiver cardholder is connected with through the department of health’s registration process has been provided an adequate amount of the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a).
11. A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by the Rhode Island board of medical licensure and discipline, or an employer or occupational or professional licensing board or bureau solely for providing written certifications in accordance with this chapter and regulations promulgated by the department of health, or for otherwise stating that, in the practitioner’s professional opinion, the potential benefits of the medical marijuana would likely outweigh the health risks for a patient.
12. Any interest in, or right to, property that is possessed, owned, or used in connection with the lawful medical use of marijuana, or acts incidental to such use, shall not be forfeited.
13. No person shall be subject to arrest or prosecution for constructive possession, conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the presence or vicinity of the medical use of marijuana as permitted under this chapter, or for assisting a qualifying patient cardholder with using or administering marijuana.
14. A practitioner, licensed with authority to prescribe drugs pursuant to chapters 34, 37, and 54 of title 5, or pharmacist, licensed under chapter 19.1 of title 5, or certified school nurse teacher, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by an employer or occupational or professional licensing board or bureau solely for:
    1. Discussing the benefits or health risks of medical marijuana or its interaction with other substances with a patient; or
    2. Administering a non-smokable and non-vaporized form of medical marijuana in a school setting to a qualified patient registered in accordance with this chapter.
15. A qualifying patient or primary caregiver registry identification card, or its equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to permit the medical use of marijuana by a patient with a debilitating medical condition, or to permit a person to assist with the medical use of marijuana by a patient with a debilitating medical condition, shall have the same force and effect as a registry identification card.
16. Notwithstanding the provisions of subsection (f), no primary caregiver cardholder shall possess an amount of marijuana in excess of twenty-four (24) mature marijuana plants that are accompanied by valid medical marijuana tags and five ounces (5 oz.) of usable marijuana, or its equivalent, and an amount of wet medical marijuana set in regulations promulgated by the departments of health and business regulation for patient cardholders to whom he or she is connected through the department of health and/or department of business regulation registration process.
17. A qualifying patient or primary caregiver cardholder may give marijuana to another qualifying patient or primary caregiver cardholder to whom they are not connected by the department’s registration process, provided that no consideration is paid for the marijuana, and that the recipient does not exceed the limits specified in this section.
18. Qualifying patient cardholders and primary caregiver cardholders electing to grow marijuana shall only grow at one premises, and this premises shall be registered with the department of business regulation. Except for licensed compassion centers, and licensed cooperative cultivations, and licensed cultivators, no more than twenty-four (24) mature marijuana plants that are accompanied by valid medical marijuana tags shall be grown or otherwise located at any one dwelling unit or commercial unit. The number of qualifying patients or primary caregivers residing, owning, renting, growing, or otherwise operating at a dwelling or commercial unit does not affect this limit. The department of business regulation shall promulgate regulations to enforce this provision.
19. For the purposes of medical care, including organ transplants, a patient cardholder’s authorized use of marijuana shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance.
20. Notwithstanding any other provisions of the general laws, the manufacture of marijuana using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the protections of this chapter.
21. Notwithstanding any provisions to the contrary, nothing in this chapter or the general laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale, prescribing, and dispensing of a product that has been approved for marketing as a prescription medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, in accordance with chapter 26 of title 2, be defined as marijuana or marihuana pursuant to this chapter, chapter 28 of this title or elsewhere in the general laws.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2018, ch. 47, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5.

21-28.6-5. Departments of health and business regulation to issue regulations.

1. Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider petitions from the public to add debilitating medical conditions to those included in this chapter. In considering such petitions, the department of health shall include public notice of, and an opportunity to comment in a public hearing, upon such petitions. The department of health shall, after hearing, approve or deny such petitions within one hundred eighty (180) days of submission. The approval or denial of such a petition shall be considered a final department of health action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a petition shall not disqualify qualifying patients with that condition, if they have a debilitating medical condition as defined in § 21-28.6-3 . The denial of a petition shall not prevent a person with the denied condition from raising an affirmative defense.
2. Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider applications for, and renewals of, registry identification cards for qualifying patients and authorized purchasers. The department of health’s regulations shall establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this chapter. The department of health may vary the application and renewal fees along a sliding scale that accounts for a qualifying patient’s or caregiver’s income. The department of health may accept donations from private sources in order to reduce the application and renewal fees.
3. Not later than October 1, 2019, the department of business regulation shall promulgate regulations not inconsistent with law, to carry into effect the provisions of this section, governing the manner in which it shall consider applications for, and renewals of, registry identification cards for primary caregivers. The department of business regulation’s regulations shall establish application and renewal fees. The department of business regulation may vary the application and renewal fees along a sliding scale that accounts for a qualifying patient’s or caregiver’s income. The department of business regulation may accept donations from private sources in order to reduce the application and renewal fees.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5.

21-28.6-6. Administration of departments of health and business regulation regulations.

1. The department of health shall issue registry identification cards to qualifying patients who submit the following, in accordance with the department’s regulations. Applications shall include but not be limited to:
   1. Written certification as defined in § 21-28.6-3 ;
   2. Application fee, as applicable;
   3. Name, address, and date of birth of the qualifying patient; provided, however, that if the patient is homeless, no address is required;
   4. Name, address, and telephone number of the qualifying patient’s practitioner;
   5. Whether the patient elects to grow medical marijuana plants for himself or herself; and
   6. Name, address, and date of birth of one primary caregiver of the qualifying patient and any authorized purchasers for the qualifying patient, if any primary caregiver or authorized purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the departments of health or business regulation.
2. The department of health shall not issue a registry identification card to a qualifying patient under the age of eighteen (18) unless:
   1. The qualifying patient’s practitioner has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and
   2. A parent, guardian, or person having legal custody consents in writing to:
      1. Allow the qualifying patient’s medical use of marijuana;
      2. Serve as the qualifying patient’s primary caregiver or authorized purchaser; and
      3. Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.
3. The department of health shall renew registry identification cards to qualifying patients in accordance with regulations promulgated by the department of health and subject to payment of any applicable renewal fee.
4. The department of health shall not issue a registry identification card to a qualifying patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18).
5. The department of health shall verify the information contained in an application or renewal submitted pursuant to this section, and shall approve or deny an application or renewal within thirty-five (35) days of receiving it. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section, or if the department determines that the information provided was falsified, or that the renewing applicant has violated this chapter under their previous registration. Rejection of an application or renewal is considered a final department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior court.
6. If the qualifying patient’s practitioner notifies the department of health in a written statement that the qualifying patient is eligible for hospice care or chemotherapy, the department of health and department of business regulation, as applicable, shall give priority to these applications when verifying the information in accordance with subsection (e) and issue a registry identification card to these qualifying patients, primary caregivers and authorized purchasers within seventy-two (72) hours of receipt of the completed application. The departments shall not charge a registration fee to the patient, caregivers or authorized purchasers named in the application. The department of health may identify through regulation a list of other conditions qualifying a patient for expedited application processing.
7. Following the promulgation of regulations pursuant to § 21-28.6-5(c) , the department of business regulation may issue or renew a registry identification card to the qualifying patient cardholder’s primary caregiver, if any, who is named in the qualifying patient’s approved application. The department of business regulation shall verify the information contained in applications and renewal forms submitted pursuant to this chapter prior to issuing any registry identification card. The department of business regulation may deny an application or renewal if the applicant or appointing patient did not provide the information required pursuant to this section, or if the department determines that the information provided was falsified, or if the applicant or appointing patient has violated this chapter under his or her previous registration or has otherwise failed to satisfy the application or renewal requirements.
   1. A primary caregiver applicant or an authorized purchaser applicant shall apply to the bureau of criminal identification of the department of attorney general, department of public safety division of state police, or local police department for a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any disqualifying information as defined in subsection (g)(5) of this section, and in accordance with the rules promulgated by the director, the bureau of criminal identification of the department of attorney general, department of public safety division of state police, or the local police department shall inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, shall notify the department of business regulation or department of health, as applicable, in writing, that disqualifying information has been discovered.
   2. In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of attorney general, department of public safety division of state police, or the local police shall inform the applicant and the department of business regulation or department of health, as applicable, in writing, of this fact.
   3. The department of health or department of business regulation, as applicable, shall maintain on file evidence that a criminal records check has been initiated on all applicants seeking a primary caregiver registry identification card or an authorized purchaser registry identification card and the results of the checks. The primary caregiver cardholder shall not be required to apply for a national criminal records check for each patient he or she is connected to through the department’s registration process, provided that he or she has applied for a national criminal records check within the previous two (2) years in accordance with this chapter. The department of health and department of business regulation, as applicable, shall not require a primary caregiver cardholder or an authorized purchaser cardholder to apply for a national criminal records check more than once every two (2) years.
   4. Notwithstanding any other provision of this chapter, the department of business regulation or department of health may revoke or refuse to issue any class or type of registry identification card or license if it determines that failing to do so would conflict with any federal law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses, or other institutions may implement to mitigate the potential for federal intervention or enforcement. This provision shall not be construed to prohibit the overall implementation and administration of this chapter on account of the federal classification of marijuana as a schedule I substance or any other federal prohibitions or restrictions.
   5. Information produced by a national criminal records check pertaining to a conviction for any felony offense under chapter 28 of this title (“Rhode Island controlled substances act”); murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; assault or battery involving grave bodily injury; and/or assault with intent to commit any offense punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the applicant and the department of health or department of business regulation, as applicable, disqualifying the applicant. If disqualifying information has been found, the department of health or department of business regulation, as applicable, may use its discretion to issue a primary caregiver registry identification card or an authorized purchaser registry identification card if the applicant’s connected patient is an immediate family member and the card is restricted to that patient only.
   6. The primary caregiver or authorized purchaser applicant shall be responsible for any expense associated with the national criminal records check.
   7. For purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.
   8. The office of cannabis regulation may adopt rules and regulations based on federal guidance provided those rules and regulations are designed to comply with federal guidance and mitigate federal enforcement against the registrations and licenses issued under this chapter.
8. 1. On or before December 31, 2016, the department of health shall issue registry identification cards within five (5) business days of approving an application or renewal that shall expire two (2) years after the date of issuance.
   2. Effective January 1, 2017, and thereafter, the department of health or the department of business regulation, as applicable, shall issue registry identification cards within five (5) business days of approving an application or renewal that shall expire one year after the date of issuance.
   3. Registry identification cards shall contain:
      1. The date of issuance and expiration date of the registry identification card;
      2. A random registry identification number;
      3. A photograph; and
      4. Any additional information as required by regulation of the department of health or business regulation as applicable.
9. Persons issued registry identification cards by the department of health or department of business regulation shall be subject to the following:
   1. A qualifying patient cardholder shall notify the department of health of any change in his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have his or her debilitating medical condition, within ten (10) days of the change.
   2. A qualifying patient cardholder who fails to notify the department of health of any of these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical condition, the card shall be deemed null and void and the person shall be liable for any other penalties that may apply to the person’s nonmedical use of marijuana.
   3. A primary caregiver cardholder or authorized purchaser shall notify the issuing department of any change in his or her name or address within ten (10) days of the change. A primary caregiver cardholder or authorized purchaser who fails to notify the department of any of these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred fifty dollars ($150).
   4. When a qualifying patient cardholder or primary caregiver cardholder notifies the department of health or department of business regulation, as applicable, of any changes listed in this subsection, the department of health or department of business regulation, as applicable, shall issue the qualifying patient cardholder and each primary caregiver cardholder a new registry identification card within ten (10) days of receiving the updated information and a ten-dollar ($10.00) fee.
   5. When a qualifying patient cardholder changes his or her primary caregiver or authorized purchaser, the department of health or department of business regulation, as applicable, shall notify the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary caregiver cardholder’s protections as provided in this chapter as to that patient shall expire ten (10) days after notification by the issuing department. If the primary caregiver cardholder or authorized purchaser is connected to no other qualifying patient cardholders in the program, he or she must return his or her registry identification card to the issuing department.
   6. If a cardholder or authorized purchaser loses his or her registry identification card, he or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department of health or department of business regulation shall issue a new registry identification card with a new random identification number.
   7. Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration with regard to the growing of medical marijuana for himself or herself, he or she shall notify the department prior to the purchase of medical marijuana tags or the growing of medical marijuana plants.
   8. If a cardholder or authorized purchaser willfully violates any provision of this chapter as determined by the department of health or the department of business regulation, his or her registry identification card may be revoked.
10. Possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.
11. 1. Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers, authorized purchaser, and practitioners, are confidential and protected in accordance with the federal Health Insurance Portability and Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to authorized employees of the departments of health and business regulation as necessary to perform official duties of the departments, and pursuant to subsections (l) and (m).
    2. The application for a qualifying patient’s registry identification card shall include a question asking whether the patient would like the department of health to notify him or her of any clinical studies about marijuana’s risk or efficacy. The department of health shall inform those patients who answer in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The department of health may also notify those patients of medical studies conducted outside of Rhode Island.
    3. The department of health and the department of business regulation, as applicable, shall maintain a confidential list of the persons to whom the department of health or department of business regulation has issued authorized patient, primary caregiver, and authorized purchaser registry identification cards. Individual names and other identifying information on the list shall be confidential, exempt from the provisions of Rhode Island access to public records, chapter 2 of title 38, and not subject to disclosure, except to authorized employees of the departments of health and business regulation as necessary to perform official duties of the departments and pursuant to subsections (l) and (m) of this section.
12. Notwithstanding subsections (k) and (m) of this section, the departments of health and business regulation, as applicable, shall verify to law enforcement personnel whether a registry identification card is valid and may provide additional information to confirm whether a cardholder is compliant with the provisions of this chapter and the regulations promulgated hereunder. The department of business regulation shall verify to law enforcement personnel whether a registry identification card is valid and may confirm whether the cardholder is compliant with the provisions of this chapter and the regulations promulgated hereunder. This verification may occur through the use of a shared database, provided that any medical records or confidential information in this database related to a cardholder’s specific medical condition is protected in accordance with subsection (k)(1).
13. It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one thousand dollar ($1,000) fine, for any person, including an employee or official of the departments of health, business regulation, public safety, or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision, the department of health and department of business regulation employees may notify law enforcement about falsified or fraudulent information submitted to the department or violations of this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety, fire, or building officials from investigating violations of, or enforcing state law.
14. On or before the fifteenth day of the month following the end of each quarter of the fiscal year, the department of health and the department of business regulation shall report to the governor, the speaker of the house of representatives, and the president of the senate on applications for the use of marijuana for symptom relief. The report shall provide:
    1. The number of applications for registration as a qualifying patient, primary caregiver, or authorized purchaser that have been made to the department of health and the department of business regulation during the preceding quarter, the number of qualifying patients, primary caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registrations revoked, and the number and specializations, if any, of practitioners providing written certification for qualifying patients.
15. On or before September 30 of each year, the department of health and the department of business regulation, as applicable, shall report to the governor, the speaker of the house of representatives, and the president of the senate on the use of marijuana for symptom relief. The report shall provide:
    1. The total number of applications for registration as a qualifying patient, primary caregiver, or authorized purchaser that have been made to the department of health and the department of business regulation, the number of qualifying patients, primary caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registrations revoked, and the number and specializations, if any, of practitioners providing written certification for qualifying patients;
    2. The number of active qualifying patient, primary caregiver, and authorized purchaser registrations as of June 30 of the preceding fiscal year;
    3. An evaluation of the costs permitting the use of marijuana for symptom relief, including any costs to law enforcement agencies and costs of any litigation;
    4. Statistics regarding the number of marijuana-related prosecutions against registered patients and caregivers, and an analysis of the facts underlying those prosecutions;
    5. Statistics regarding the number of prosecutions against physicians for violations of this chapter; and
    6. Whether the United States Food and Drug Administration has altered its position regarding the use of marijuana for medical purposes or has approved alternative delivery systems for marijuana.
16. After June 30, 2018, the department of business regulation shall report to the speaker of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors within 60 days of the close of the prior fiscal year. The report shall provide:
    1. The number of applications for registry identification cards to compassion center staff, the number approved, denied and the number of registry identification cards revoked, and the number of replacement cards issued;
    2. The number of applications for compassion centers and licensed cultivators;
    3. The number of marijuana plant tag sets ordered, delivered, and currently held within the state;
    4. The total revenue collections of any monies related to its regulator activities for the prior fiscal year, by the relevant category of collection, including enumerating specifically the total amount of revenues foregone or fees paid at reduced rates pursuant to this chapter.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2010, ch. 110, § 1; P.L. 2010, ch. 229, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2018, ch. 47, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5; P.L. 2020, ch. 1, § 1; P.L. 2020, ch. 2, § 1.

21-28.6-6.1. [Repealed.]

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2010, ch. 110, § 1; P.L. 2010, ch. 229, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 415, § 1; P.L. 2016, ch. 416, § 1; Repealed by P.L. 2018, ch. 47, art. 14, § 3, effective June 22, 2018.

21-28.6-7. Scope of chapter.

1. This chapter shall not permit:
   1. Any person to undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice;
   2. The smoking of marijuana:
      1. In a school bus or other form of public transportation;
      2. On any school grounds;
      3. In any correctional facility;
      4. In any public place;
      5. In any licensed drug treatment facility in this state; or
      6. Where exposure to the marijuana smoke significantly adversely affects the health, safety, or welfare of children;
   3. Any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying patient shall not be considered to be under the influence solely for having marijuana metabolites in his or her system;
   4. The operation of a medical marijuana emporium, which is expressly prohibited.
2. Nothing in this chapter shall be construed to require:
   1. A government medical assistance program or private health insurer or workers’ compensation insurer, workers’ compensation group self-insurer, or employer self-insured for workers’ compensation under § 28-36-1 to reimburse a person for costs associated with the medical use of marijuana; or
   2. An employer to accommodate the medical use of marijuana in any workplace.
3. Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for making a false statement for the nonmedical use of marijuana.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2019, ch. 88, art. 15, § 5.

21-28.6-8. Affirmative defense and dismissal.

1. Except as provided in § 21-28.6-7 , a qualifying patient may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, and the defense shall be presumed valid where the evidence shows that:
   1. The qualifying patient’s practitioner has stated that, in the practitioner’s professional opinion, after having completed a full assessment of the person’s medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the potential benefits of using marijuana for medical purposes would likely outweigh the health risks for the qualifying patient; and
   2. The qualifying patient was compliant with this chapter and all regulations promulgated hereunder and in possession of a quantity of marijuana that was not more than what is permitted under this chapter to ensure the uninterrupted availability of marijuana for the purpose of alleviating the person’s medical condition or symptoms associated with the medical condition.
2. A person may assert the medical purpose for using marijuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the defendant shows the elements listed in subsection (a) of this section.
3. Any interest in, or right to, property that was possessed, owned, or used in connection with a qualifying patient’s use of marijuana for medical purposes shall not be forfeited if the qualifying patient demonstrates the qualifying patient’s medical purpose for using marijuana pursuant to this section.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2014, ch. 515, § 2; P.L. 2019, ch. 88, art. 15, § 5.

21-28.6-9. Enforcement.

1. If the department of health fails to adopt regulations to implement this chapter within one hundred twenty (120) days of the effective date of this act, a qualifying patient may commence an action in a court of competent jurisdiction to compel the department to perform the actions mandated pursuant to the provisions of this chapter.
2. If the department of health or the department of business regulation fails to issue a valid registry identification card in response to a valid application submitted pursuant to this chapter within thirty-five (35) days of its submission, the registry identification card shall be deemed granted and a copy of the registry identification application shall be deemed a valid registry identification card.
3. The department of health and the department of business regulation shall revoke and shall not reissue the registry identification card of any cardholder or licensee who is convicted of; placed on probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for any felony offense under chapter 28 of this title (“Rhode Island controlled substances act”) or a similar offense from any other jurisdiction.
4. If a cardholder exceeds the possession limits set forth in § 21-28.6-4 or § 21-28.6-14 , or is in violation of any other section of this chapter or the regulations promulgated hereunder, he or she may be subject to arrest and prosecution under chapter 28 of this title (“Rhode Island controlled substances act”).
5. 1. Notwithstanding any other provision of this chapter, if the director of the department of business regulation, or his or her designee, has cause to believe that a violation of any provision of this chapter or the regulations promulgated thereunder has occurred by a licensee or registrant under the department’s jurisdiction, or that any person or entity is conducting any activities requiring licensure or registration by the department of business regulation under this chapter or the regulations promulgated thereunder without such licensure or registration, or is otherwise violating any provisions of this chapter, the director, or his or her designee, may, in accordance with the requirements of the administrative procedures act, chapter 35 of title 42:
      1. With the exception of patient and authorized purchaser registrations, revoke or suspend any license or registration issued under chapter 26 of title 2 or this chapter;
      2. Levy an administrative penalty in an amount established pursuant to regulations promulgated by the department of business regulation;
      3. Order the violator to cease and desist such actions;
      4. Require a licensee or registrant or person or entity conducting any activities requiring licensure or registration under this chapter to take those actions as are necessary to comply with this chapter and the regulations promulgated thereunder; or
      5. Any combination of the above penalties.
   2. If the director of the department of business regulation finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in his or her order, summary suspension of license or registration and/or cease and desist may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
6. All cannabis products that are held for sale or distribution within the borders of this state in violation of the requirements of this chapter are declared to be contraband goods and may be seized by the department of business regulation, the tax administrator, or his or her agents or employees, or by any sheriff, or his or her deputy, or any police officer when requested by the tax administrator or the department of business regulation to do so, without a warrant. All contraband goods seized by the state under this chapter may be destroyed.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5.

21-28.6-10. Severability.

If any provision of this chapter or its application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1.

21-28.6-11. [Repealed.]

21-28.6-12. Compassion centers.

1. A compassion center licensed under this section may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers or authorized purchasers, or out-of-state patient cardholders or other marijuana establishment licensees. Except as specifically provided to the contrary, all provisions of this chapter (the Edward O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the provision(s) conflict with a provision contained in this section.
2. License of compassion centers — authority of the departments of health and business regulation:
   1. Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider applications for licenses for compassion centers, including regulations governing:
      1. The form and content of license and renewal applications;
      2. Minimum oversight requirements for compassion centers;
      3. Minimum record-keeping requirements for compassion centers;
      4. Minimum security requirements for compassion centers; and
      5. Procedures for suspending, revoking, or terminating the license of compassion centers that violate the provisions of this section or the regulations promulgated pursuant to this subsection.
   2. Within ninety (90) days of the effective date of this chapter, the department of health shall begin accepting applications for the operation of a single compassion center.
   3. Within one hundred fifty (150) days of the effective date of this chapter, the department of health shall provide for at least one public hearing on the granting of an application to a single compassion center.
   4. Within one hundred ninety (190) days of the effective date of this chapter, the department of health shall grant a single license to a single compassion center, providing at least one applicant has applied who meets the requirements of this chapter.
   5. If at any time after fifteen (15) months after the effective date of this chapter, there is no operational compassion center in Rhode Island, the department of health shall accept applications, provide for input from the public, and issue a license for a compassion center if a qualified applicant exists.
   6. Within two (2) years of the effective date of this chapter, the department of health shall begin accepting applications to provide licenses for two (2) additional compassion centers. The department shall solicit input from the public, and issue licenses if qualified applicants exist.
   7. 1. Any time a compassion center license is revoked, is relinquished, or expires on or before December 31, 2016, the department of health shall accept applications for a new compassion center.
      2. Any time a compassion center license is revoked, is relinquished, or expires on or after January 1, 2017, the department of business regulation shall accept applications for a new compassion center.
   8. 1. If at any time after three (3) years after the effective date of this chapter and on or before December 31, 2016, fewer than three (3) compassion centers are holding valid licenses in Rhode Island, the department of health shall accept applications for a new compassion center. If at any time on or after January 1, 2017, fewer than three (3) compassion centers are holding valid licenses in Rhode Island, the department of business regulation shall accept applications for a new compassion center. There shall be nine (9) compassion centers that may hold valid licenses at one time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding valid licenses in Rhode Island, the department of business regulation shall accept applications for new compassion centers and shall continue the process until nine (9) licenses have been issued by the department of business regulation.
   9. Any compassion center application selected for approval by the department of health on or before December 31, 2016, or selected for approval by the department of business regulation on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations adopted by the departments of health and business regulation subsequent to passage of this legislation.
   10. A licensed cultivator may apply for, and be issued, an available compassion center license, provided that the licensed cultivation premises is disclosed on the compassion center application as the permitted second location for growing medical marijuana in accordance with subsection (c)(i) of this section. If a licensed cultivator is issued an available compassion center license, their cultivation facility license will merge with and into their compassion center license in accordance with regulations promulgated by the department of business regulation. Once merged, the cultivation of medical marijuana may then be conducted under the compassion center license in accordance with this section and the cultivation license will be considered null and void and of no further force or effect.
3. Compassion center and agent applications and license:
   1. Each application for a compassion center shall be submitted in accordance with regulations promulgated by the department of business regulation and shall include, but not be limited to:
      1. A non-refundable application fee paid to the department in the amount of ten thousand dollars ($10,000);
      2. The proposed legal name and proposed articles of incorporation of the compassion center;
      3. The proposed physical address of the compassion center, if a precise address has been determined, or, if not, the general location where it would be located. This may include a second location for the cultivation of medical marijuana;
      4. A description of the enclosed, locked facility that would be used in the cultivation of medical marijuana;
      5. The name, address, and date of birth of each principal officer and board member of the compassion center;
      6. Proposed security and safety measures that shall include at least one security alarm system for each location, planned measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction manual including security policies, safety and security procedures, personal safety, and crime-prevention techniques; and
      7. Proposed procedures to ensure accurate record keeping.
   2. 1. For applications submitted on or before December 31, 2016, any time one or more compassion center license applications are being considered, the department of health shall also allow for comment by the public and shall solicit input from registered qualifying patients, registered primary caregivers, and the towns or cities where the applicants would be located;
      2. For applications submitted on or after January 1, 2017, any time one or more compassion center license applications are being considered, the department of business regulation shall also allow for comment by the public and shall solicit input from registered qualifying patients, registered primary caregivers, and the towns or cities where the applicants would be located.
   3. Each time a new compassion center license is issued, the decision shall be based upon the overall health needs of qualified patients and the safety of the public, including, but not limited to, the following factors:
      1. Convenience to patients from areas throughout the state of Rhode Island;
      2. The applicant’s ability to provide a steady supply to the registered qualifying patients in the state;
      3. The applicant’s experience running a non-profit or business;
      4. The interests of qualifying patients regarding which applicant be granted a license;
      5. The interests of the city or town where the dispensary would be located taking into consideration need and population;
      6. Nothing herein shall prohibit more than one compassion center being geographically located in any city or town;
      7. The sufficiency of the applicant’s plans for record keeping and security, which records shall be considered confidential healthcare information under Rhode Island law and are intended to be deemed protected healthcare information for purposes of the Federal Health Insurance Portability and Accountability Act of 1996, as amended; and
      8. The sufficiency of the applicant’s plans for safety and security, including proposed location, security devices employed, and staffing.
   4. A compassion center approved by the department of health on or before December 31, 2016, shall submit the following to the department before it may begin operations:
      1. A fee paid to the department in the amount of five thousand dollars ($5,000);
      2. The legal name and articles of incorporation of the compassion center;
      3. The physical address of the compassion center; this may include a second address for the secure cultivation of marijuana;
      4. The name, address, and date of birth of each principal officer and board member of the compassion center; and
      5. The name, address, and date of birth of any person who will be an agent of, employee, or volunteer of  the compassion center at its inception.
   5. 1. A compassion center approved or renewed by the department of business regulation on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations promulgated by the department of business regulation before it may begin operations:
         1. A fee paid to the department in the amount of five thousand dollars ($5,000);
         2. The legal name and articles of incorporation of the compassion center;
         3. The physical address of the compassion center; this may include a second address for the secure cultivation of medical marijuana;
         4. The name, address, and date of birth of each principal officer and board member of the compassion center;
         5. The name, address, and date of birth of any person who will be an agent, employee, or volunteer of the compassion center at its inception.
      2. A compassion center approved or renewed by the department of business regulation on or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department of business regulation before it may begin operations, which shall include but not be limited to:
         1. A fee paid to the department in the amount of five hundred thousand dollars ($500,000);
         2. The legal name and articles of incorporation of the compassion center;
         3. The physical address of the compassion center; this may include a second address for the secure cultivation of medical marijuana;
         4. The name, address, and date of birth of each principal officer and board member of the compassion center, and any person who has a direct or indirect ownership interest in any marijuana establishment licensee, which ownership interest shall include, but not be limited to, any interests arising pursuant to the use of shared management companies, management agreements or other agreements that afford third-party management or operational control, or other familial or business relationships between compassion center or cultivator owners, members, officers, directors, managers, investors, agents, or key persons that effect dual license interests as determined by the department of business regulation;
         5. The name, address, and date of birth of any person who will be an agent, employee, or volunteer of the compassion center at its inception.
   6. Except as provided in subsection (c)(7) of this section, the department of health or the department of business regulation shall issue each principal officer, board member, agent, volunteer, and employee of a compassion center a registry identification card or renewal card after receipt of the person’s name, address, date of birth; a fee in an amount established by the department of health or the department of business regulation; and, except in the case of an employee, notification to the department of health or the department of business regulation by the department of public safety division of state police, attorney general’s office, or local law enforcement that the registry identification card applicant has not been convicted of a felony drug offense or has not entered a plea of nolo contendere for a felony drug offense and received a sentence of probation. Each card shall specify that the cardholder is a principal officer, board member, agent, volunteer, or employee of a compassion center and shall contain the following:
      1. The name, address, and date of birth of the principal officer, board member, agent, volunteer, or employee;
      2. The legal name of the compassion center to which the principal officer, board member, agent, volunteer, or employee is affiliated;
      3. A random identification number that is unique to the cardholder;
      4. The date of issuance and expiration date of the registry identification card; and
      5. A photograph, if the department of health or the department of business regulation decides to require one.
   7. Except as provided in this subsection, neither the department of health nor the department of business regulation shall issue a registry identification card to any principal officer, board member, or agent, of a compassion center who has been convicted of a felony drug offense or has entered a plea of nolo  contendere for a felony drug offense and received a sentence of probation. If a registry identification card is denied, the compassion center will be notified in writing of the purpose for denying the registry identification card. A registry identification card may be granted if the offense was for conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater medical marijuana act or that was prosecuted by an authority other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater medical marijuana act would otherwise have prevented a conviction.
      1. All registry identification card applicants shall apply to the department of public safety division of state police, the attorney general’s office, or local law enforcement for a national criminal identification records check that shall include fingerprints submitted to the federal bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo contendere for a felony drug offense with a sentence of probation, and in accordance with the rules promulgated by the department of health and the department of business regulation, the department of public safety division of state police, the attorney general’s office, or local law enforcement shall inform the applicant, in writing, of the nature of the felony and the department of public safety division of state police shall notify the department of health or the department of business regulation, in writing, without disclosing the nature of the felony, that a felony drug offense conviction or a plea of nolo contendere for a felony drug offense with probation has been found.
      2. In those situations in which no felony drug offense conviction or plea of nolo contendere for a felony drug offense with probation has been found, the department of public safety division of state police, the attorney general’s office, or local law enforcement shall inform the applicant and the department of health or the department of business regulation, in writing, of this fact.
      3. All registry identification card applicants, except for employees with no ownership, equity, financial interest, or managing control of a marijuana establishment license, shall be responsible for any expense associated with the criminal background check with fingerprints.
   8. A registry identification card of a principal officer, board member, agent, volunteer, employee, or any other designation required by the department of business regulation shall expire one year after its issuance, or upon the expiration of the licensed organization’s license, or upon the termination of the principal officer, board   member, agent, volunteer, or employee’s relationship with the compassion center, whichever occurs first.
   9. A compassion center cardholder shall notify and request approval from the department of business regulation of any change in his or her name or address within ten (10) days of the change. A compassion center cardholder who fails to notify the department of business regulation of any of these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred fifty dollars ($150).
   10. When a compassion center cardholder notifies the department of health or the department of business regulation of any changes listed in this subsection, the department shall issue the cardholder a new registry identification card within ten (10) days of receiving the updated information and a ten-dollar ($10.00) fee.
   11. If a compassion center cardholder loses his or her registry identification card, he or she shall notify the department of health or the department of business regulation and submit a ten-dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department shall issue a new registry identification card with new random identification number.
   12. On or before December 31, 2016, a compassion center cardholder shall notify the department of health of any disqualifying criminal convictions as defined in subsection (c)(7) of this section. The department of health may choose to suspend and/or revoke his or her registry identification card after the notification.
   13. On or after January 1, 2017, a compassion center cardholder shall notify the department of business regulation of any disqualifying criminal convictions as defined in subsection (c)(7) of this section. The department of business regulation may choose to suspend and/or revoke his or her registry identification card after the notification.
   14. If a compassion center cardholder violates any provision of this chapter or regulations promulgated hereunder as determined by the departments of health and business regulation, his or her registry identification card may be suspended and/or revoked.
4. Expiration or termination of compassion center:
   1. On or before December 31, 2016, a compassion center’s license shall expire two (2) years after its license is issued. On or after January 1, 2017, a compassion center’s license shall expire one year after its license is issued. The compassion center may submit a renewal application beginning sixty (60) days prior to the expiration of its license.
   2. The department of health or the department of business regulation shall grant a compassion center’s renewal application within thirty (30) days of its submission if the following conditions are all satisfied:
      1. The compassion center submits the materials required under subsections (c)(4) and (c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee;
      2. The compassion center’s license has never been suspended for violations of this chapter or regulations issued pursuant to this chapter; and
      3. The department of business regulation finds that the compassion center is adequately providing patients with access to medical marijuana at reasonable rates.
   3. If the department of health or the department of business regulation determines that any of the conditions listed in subsections (d)(2)(i) — (iii) of this section have not been met, the department may begin an open application process for the operation of a compassion center. In granting a new license, the department of health or the department of business regulation shall consider factors listed in subsection (c)(3) of this section.
   4. The department of business regulation shall issue a compassion center one or more thirty-day (30) temporary licenses after that compassion center’s license would otherwise expire if the following conditions are all satisfied:
      1. The compassion center previously applied for a renewal, but the department had not yet come to a decision;
      2. The compassion center requested a temporary license; and
      3. The compassion center has not had its license suspended or revoked due to violations of this chapter or regulations issued pursuant to this chapter.
   5. A compassion center’s license shall be denied, suspended, or subject to revocation if the compassion center:
      1. Possesses an amount of marijuana exceeding the limits established by this chapter;
      2. Is in violation of the laws of this state;
      3. Is in violation of other departmental regulations;
      4. Employs or enters into a business relationship with a medical practitioner who provides written certification of a qualifying patient’s medical condition; or
      5. If any compassion center owner, member, officer, director, manager, investor, agent, or key person as defined in regulations promulgated by the department of business regulation, has any interest, direct or indirect, in another compassion center or another licensed cultivator, except as permitted in subsection (b)(10) of this section. Prohibited interests shall also include interests arising pursuant to the use of shared management companies, management agreements, or other agreements that afford third-party management or operational control, or other familial or business relationships between compassion center or cultivator owners, members, officers, directors, managers, investors, agents, or key persons that effect dual license interests as determined by the department of business regulation.
5. Inspection.  Compassion centers are subject to reasonable inspection by the department of health, division of facilities regulation, and the department of business regulation. During an inspection, the departments may review the compassion center’s confidential records, including its dispensing records, which shall track transactions according to qualifying patients’ registry identification numbers to protect their confidentiality.
6. Compassion center requirements:
   1. A compassion center shall be operated on a not-for-profit basis for the mutual benefit of its patients. A compassion center need not be recognized as a tax-exempt organization by the Internal Revenue Service. A compassion center shall be subject to regulations promulgated by the department of business regulation for general operations and record keeping, which shall include, but not be limited to:
      1. Minimum security and surveillance requirements;
      2. Minimum requirements for workplace safety and sanitation;
      3. Minimum requirements for product safety and testing;
      4. Minimum requirements for inventory tracking and monitoring;
      5. Minimum requirements for the secure transport and transfer of medical marijuana;
      6. Minimum requirements to address odor mitigation;
      7. Minimum requirements for product packaging and labeling;
      8. Minimum requirements and prohibitions for advertising;
      9. Minimum requirements for the testing and destruction of marijuana. Wherever destruction of medical marijuana and medical marijuana product is required to bring a person or entity into compliance with any provision of this chapter, any rule or regulation promulgated thereunder, or any administrative order issued in accordance therewith, the director of the department of business regulation may designate his or her employees or agents to facilitate the destruction;
      10. A requirement that if a compassion center violates this chapter, or any regulation thereunder, and the department of business regulation determines that violation does not pose an immediate threat to public health or public safety, the compassion center shall pay to the department of business regulation a fine of no less than five-hundred dollars ($500); and
      11. A requirement that if a compassion center violates this chapter, or any regulation promulgated hereunder, and the department of business regulation determines that the violation poses an immediate threat to public health or public safety, the compassion center shall pay to the department of business regulation a fine of no less than two thousand dollars ($2,000) and the department shall be entitled to pursue any other enforcement action provided for under this chapter and the regulations.
   2. A compassion center may not be located within one thousand feet (1,000´) of the property line of a preexisting public or private school.
   3. On or before December 31, 2016, a compassion center shall notify the department of health within ten (10) days of when a principal officer, board member, agent, volunteer, or employee ceases to work at the compassion center. On or after January 1, 2017, a compassion center shall notify the department of business regulation within ten (10) days of when a principal officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His or her card shall be deemed null and void and the person shall be liable for any penalties that may apply to any nonmedical possession or use of marijuana by the person.
   4. 1. On or before December 31, 2016, a compassion center shall notify the department of health in writing of the name, address, and date of birth of any new principal officer, board member, agent, volunteer, or employee and shall submit a fee in an amount established by the department for a new registry identification card before that person begins his or her relationship with the compassion center;
      2. On or after January 1, 2017, a compassion center shall notify the department of business regulation, in writing, of the name, address, and date of birth of any new principal officer, board member, agent, volunteer, or employee and shall submit a fee in an amount established by the department of business regulation for a new registry identification card before that person begins his or her relationship with the compassion center;
   5. A compassion center shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and shall ensure that each location has an operational security alarm system. Each compassion center shall request that the department of public safety division of state police visit the compassion center to inspect the security of the facility and make any recommendations regarding the security of the facility and its personnel within ten (10) days prior to the initial opening of each compassion center. The recommendations shall not be binding upon any compassion center, nor shall the lack of implementation of the recommendations delay or prevent the opening or operation of any center. If the department of public safety division of state police does not inspect the compassion center within the ten-day (10) period, there shall be no delay in the compassion center’s opening.
   6. The operating documents of a compassion center shall include procedures for the oversight of the compassion center and procedures to ensure accurate record keeping.
   7. A compassion center is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any purpose except to assist patient cardholders with the medical use of marijuana directly or through the qualifying patient’s primary caregiver or authorized purchaser.
   8. All principal officers and board members of a compassion center must be residents of the state of Rhode Island.
   9. Each time a new, registered, qualifying patient visits a compassion center, it shall provide the patient with a frequently-asked-questions sheet, designed by the department, that explains the limitations on the right to use medical marijuana under state law.
   10. Effective July 1, 2017, each compassion center shall be subject to any regulations promulgated by the departments of health and business regulation that specify how marijuana must be tested for items, included but not limited to, cannabinoid profile and contaminants.
   11. Effective January 1, 2017, each compassion center shall be subject to any product labeling requirements promulgated by the department of business regulation.
   12. Each compassion center shall develop, implement, and maintain on the premises employee, volunteer, and agent policies and procedures to address the following requirements:
       1. A job description or employment contract developed for all employees and agents, and a volunteer agreement for all volunteers, that includes duties, authority, responsibilities, qualifications, and supervision; and
       2. Training in, and adherence to, state confidentiality laws.
   13. Each compassion center shall maintain a personnel record for each employee, agent, and  volunteer that includes an application and a record of any disciplinary action taken.
   14. Each compassion center shall develop, implement, and maintain on the premises an on-site training curriculum, or enter into contractual relationships with outside resources capable of meeting employee training needs, that includes, but is not limited to, the following topics:
       1. Professional conduct, ethics, and patient confidentiality; and
       2. Informational developments in the field of medical use of marijuana.
   15. Each compassion center entity shall provide each employee, agent, and volunteer, at the time of his or her initial appointment, training in the following:
       1. The proper use of security measures and controls that have been adopted; and
       2. Specific procedural instructions on how to respond to an emergency, including robbery or violent accident.
   16. All compassion centers shall prepare training documentation for each employee and volunteer and have employees and volunteers sign a statement indicating the date, time, and place the employee and volunteer received the training and topics discussed, to include name and title of presenters. The compassion center shall maintain documentation of an employee’s and a volunteer’s training for a period of at least six (6) months after termination of an employee’s employment or the volunteer’s volunteering.
7. Maximum amount of usable marijuana to be dispensed:
   1. A compassion center or principal officer, board member, agent, volunteer, or employee of a compassion center may not dispense more than two and one-half ounces (2.5 oz.) of usable marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient’s primary caregiver or authorized purchaser during a fifteen-day (15) period.
   2. A compassion center or principal officer, board member, agent, volunteer, or employee of a compassion center may not dispense an amount of usable marijuana, or its equivalent, to a patient cardholder, qualifying patient, a qualifying patient’s primary caregiver, or a qualifying patient’s authorized purchaser that the compassion center, principal officer, board member, agent, volunteer, or employee knows would cause the recipient to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas C. Slater medical marijuana act.
   3. Compassion centers shall utilize a database administered by the departments of health and business regulation. The database shall contain all compassion centers’ transactions according to qualifying patients’, authorized purchasers’, and primary caregivers’ registry identification numbers to protect the confidentiality of patient personal and medical information. Compassion centers will not have access to any applications or supporting information submitted by qualifying patients, authorized purchasers or primary caregivers. Before dispensing marijuana to any patient or authorized purchaser, the compassion center must utilize the database to ensure that a qualifying patient is not dispensed more than two and one-half ounces (2.5 oz.) of usable marijuana or its equivalent directly or through the qualifying patient’s primary caregiver or authorized purchaser during a fifteen-day (15) period.
8. Immunity:
   1. No licensed compassion center shall be subject to prosecution; search, except by the departments pursuant to subsection (e) of this section; seizure; or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for acting in accordance with this section to assist registered qualifying patients.
   2. No licensed compassion center shall be subject to prosecution, seizure, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action, by a business, occupational, or professional licensing board or entity, for selling, giving, or distributing marijuana in whatever form, and within the limits established by, the department of health or the department of business regulation to another registered compassion center.
   3. No principal officers, board members, agents, volunteers, or employees of a registered compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for working for or with a compassion center to engage in acts permitted by this section.
   4. No state employee shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct that occurs within the scope of his or her employment regarding the administration, execution and/or enforcement of this act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.
   5. An employee, agent, volunteer, principal officer or board member of any compassion center found in violation of subsection (h)(2) or (h)(3) of this section shall have his or her registry identification revoked immediately; and
   6. No person who has been convicted of a felony drug offense or has entered a plea of nolo contendere for a felony drug offense with a sentence of probation may be the principal officer, board member, or agent of a compassion center unless the department has determined that the person’s conviction was for the medical use of marijuana or assisting with the medical use of marijuana in accordance with the terms and conditions of this chapter. A person who is employed by or is an agent, volunteer, principal officer, or board member of a compassion center in violation of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section is a misdemeanor.
9. Prohibitions:

   (1) A compassion center must limit its inventory of seedlings, plants, and marijuana to reflect the projected needs of qualifying patients;

   (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a person other than a patient cardholder or to a qualified patient’s primary caregiver or authorized purchaser;

   (3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from any entity other than a marijuana establishment licensee in accordance with the provisions of this chapter;

   (4) A person found to have violated subsection (h)(2) or (h)(3) of this section may not be an employee, agent, volunteer, principal officer, or board member of any compassion center;

10. Legislative oversight committee:
    1. The general assembly shall appoint a nine-member (9) oversight committee comprised of: one member of the house of representatives; one member of the senate; one physician to be selected from a list provided by the Rhode Island medical society; one nurse to be selected from a list provided by the Rhode Island state nurses association; two (2) registered qualifying patients; one registered primary caregiver; one patient advocate to be selected from a list provided by the Rhode Island patient advocacy coalition; and the superintendent of the department of public safety, or his/her designee.
    2. The oversight committee shall meet at least six (6) times per year for the purpose of evaluating and making recommendations to the general assembly regarding:
       1. Patients’ access to medical marijuana;
       2. Efficacy of compassion centers;
       3. Physician participation in the Medical Marijuana Program;
       4. The definition of qualifying medical condition; and
       5. Research studies regarding health effects of medical marijuana for patients.
    3. On or before January 1 of every even numbered year, the oversight committee shall report to the general assembly on its findings.
11. License required.  No person or entity shall engage in activities described in this section without a compassion center license issued by the department of business regulation.