§ 21-9-1. Definitions. (a) 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 […]
§ 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 Repealed.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 […]
§ 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: […]
§ 21-9-13. Regulations. (a) 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 […]
§ 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 […]
§ 21-9-15. Violations reported to attorney general — Notice and hearing on violation. (a) 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 […]
§ 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 […]
§ 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, […]
§ 21-9-18. Embargoed articles — Condemnation and destruction. (a) 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 […]
§ 21-9-19. Inspection of establishments. (a) 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 […]
§ 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. […]
§ 21-9-20. Publication of court orders, judgments, and decrees — Dissemination of information. (a) 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. (b) The […]
§ 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 […]
§ 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 […]
§ 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, […]
§ 21-9-3. License fee. (a) 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. (b) Where a retail frozen dessert processor is also registered as a food service establishment […]
§ 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 […]
§ 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.
