AN ACT RELATING TO FOOD AND DRUGS -- CONSUMER-PROVIDED TAKEOUT CONTAINERS (Permits eating and drinking establishments to accept consumer-provided containers to fill or refill with takeout food or beverages.)

S2773

2026 -- S 2773
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO FOOD AND DRUGS -- CONSUMER-PROVIDED TAKEOUT
CONTAINERS

Introduced By:
Senators Gu, Paolino, Murray, Urso, Valverde, Appollonio, McKenney,
Ujifusa, and Thompson

Date Introduced:
March 04, 2026

Referred To:
Senate Commerce
It is enacted by the General Assembly as follows:
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SECTION 1. The General Assembly finds and declares that:
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(1) Single-use food service ware including, but not limited to, takeout containers,
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represents a significant and growing portion of the municipal solid waste stream in the United States
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and Rhode Island, contributing to landfill disposal, litter, and environmental pollution.
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(2) The United States environmental protection agency has identified containers and
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packaging as one of the largest categories of municipal solid waste generated annually.
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(3) Rhode Island’s central landfill has finite remaining capacity, and reducing the volume
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of disposable materials entering the waste stream is necessary to extend landfill life, reduce disposal
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costs, and protect the environment.
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(4) Disposable plastic food containers and packaging may contribute to environmental
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contamination and the presence of microplastics in soil and water, and consumers increasingly seek
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alternatives that reduce plastic waste.
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(5) Many consumers prefer to use reusable, personally owned containers for takeout food
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and beverages in order to reduce waste and to avoid potential exposure to single-use plastic food
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packaging.
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(6) The purpose of this act is to authorize restaurants and retailers to accept consumer-
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provided reusable containers for filling or refilling under controlled, safe conditions, and to ensure
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guidance and best practices are provided.

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SECTION 2. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 27.4
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CONSUMER-PROVIDED TAKEOUT CONTAINERS
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21-27.4-1. Definitions.

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For purposes of this chapter:
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(1) “Department” means the department of health.
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(2) “Consumer-provided container” means a reusable receptacle, brought by a consumer
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to an establishment, that is designed and manufactured to safely hold food or drink, is capable of
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being effectively cleaned, and is made of materials suitable for repeated contact with food or drink
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including, but not limited to, cups, bottles, jars, tubs, and similar durable containers, provided they
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are structurally sound, free from cracks or contamination, and able to be filled or refilled without
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creating a risk to food safety or cross contamination.
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(3) “Establishment” means any and all eating and/or drinking establishments including, but
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not limited to, restaurants, bars, taverns, lounges, cafeterias, lunch counters, drive-ins, roadside ice
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cream and refreshments stands, fish and chip places, fried chicken places, pizzerias, food and drink
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concessions, or similar facilities in amusement parks, bowling alleys, clubs, caterers, drive-in
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theaters, industrial plants, race tracks, shore resorts or other locations, lunch carts, mobile canteens
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and other similar vehicles, and other like places of business which furnish or provide facilities for
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immediate consumption of food at tables, chairs or counters or from trays, plates, cups or other
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tableware or in parking facilities provided primarily for the use of patrons in consuming products
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purchased at the location.
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21-27.4-2. Consumer-provided food and beverage containers accepted.

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(a) On or before July 1, 2027, the department shall amend any and all rules and regulations
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including, but not limited to, the Rhode Island food code, to permit establishments to fill or refill
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consumer-provided containers with takeout food or beverages.
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(b) The rules, regulations, and/or amendments adopted pursuant to this section shall:
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(1) Be consistent with best practices recommended by the United States food and drug
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administration regarding refillable food and beverage containers;
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(2) Permit filling or refilling of a consumer-provided container by an employee or owner
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of the establishment or the consumer;
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(3) Authorize the department to require reasonable safeguards, which may include, but
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shall not be limited to:
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(i) Visual inspection of the consumer-provided container by an employee prior to filling or

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refilling; and
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(ii) Written operational procedures designed to prevent cross-contamination; and
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(4) Not require establishments or the owners or agents thereof to sanitize consumer-
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provided containers before filling or re-filling unless the consumer-provided container fails to pass
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a visual inspection in accordance with § 21-27.4-3.
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(c) Nothing in this section shall be construed to require an establishment to accept or fill a
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consumer-provided container.
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21-27.4-3. Guidance materials.

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On or before July 1, 2027, the department shall:
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(1) Produce and publish guidance materials for establishments providing that consumer-
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provided containers are authorized for filling or refilling under this chapter;
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(2) Include in the guidance materials best practices for:
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(i) Examining consumer-owned containers;
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(ii) Preventing cross-contamination;
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(iii) Handwashing requirements;
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(iv) Beverage refilling procedures; and
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(v) Operational procedures consistent with the Rhode Island food code.
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(3) Make the guidance materials publicly available electronically.
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21-27.4-4. Rulemaking authority.

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The department shall adopt administrative rules and regulations as necessary to implement,
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interpret, or administer the provisions of this chapter.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- CONSUMER-PROVIDED TAKEOUT
CONTAINERS
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This act would permit eating and drinking establishments to accept consumer-provided
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containers to fill or refill with takeout food or beverages.
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This act would take effect upon passage.
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