Rhode Island House Bill H5859

Rhode Island 2025 Regular Session

• Introduced: 2/28/25
• Refer: 2/28/25

Caption

Permits the use of private well water in food service establishment's restrooms if the water complies with the standards established pursuant to § 23-1-5.3(8).

Summary

H5859 amends Rhode Island’s food sanitation laws to allow food service establishments to use private well water in employee-only or public/customer restrooms, so long as that water complies with state private well water standards. The bill also authorizes the Department of Health to adopt regulations requiring restroom notices informing users that the water comes from a private well and is not for drinking or food preparation. At the same time, the bill preserves the department’s authority to regulate the source of water used for drinking, washing, preparing, or cooking food and beverages sold on the premises. The bill also expands the duties of the Office of Private Well Water Contamination by adding a new responsibility to develop rules and regulations needed to protect employees and the public when private well water is used in food establishment restrooms. The act would take effect on January 1, 2026. In practical terms, it creates a clearer legal pathway for certain businesses that rely on private wells while tying that permission to existing or future public health standards for private well water.

Impact

This bill would amend two areas of state law: Chapter 21-27 governing sanitation in food establishments and Chapter 23-1 governing the Department of Health’s private well water contamination office. It would not broadly change drinking water rules for food preparation, but it would carve out an exception allowing private well water in restrooms if the water meets applicable standards under § 23-1-5.3. It also gives the Department of Health explicit rulemaking authority to address safety concerns related to restroom use of private well water in food service settings, and it reinforces disclosure and notice requirements tied to private well water use.

Sentiment

The bill appears generally supportive of private well use in a limited, regulated context, with an emphasis on public health safeguards rather than deregulation. The available record does not include committee testimony or recorded votes, so there is no documented opposition or support from legislators or stakeholders in the materials provided. The structure of the bill suggests a compromise approach: it permits the practice, but only if water quality standards are met and users are warned appropriately.

Contention

The main point of potential contention is whether private well water should be allowed in food service establishments at all, especially in restrooms that may be used by the public. Public health concerns likely center on contamination risk, compliance monitoring, and whether customers could confuse restroom water with potable water. On the other side, food service operators and property owners who rely on private wells may support the bill because it creates flexibility and avoids forcing unnecessary infrastructure changes, provided the water is safe and clearly labeled.