2012 -- H 7701 AS AMENDED

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LC01689

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO AGRICULTURE AND FORESTRY - THE RHODE ISLAND LOCAL

AGRICULTURE AND SEAFOOD ACT

     Introduced By: Representatives Ruggiero, Handy, Tanzi, Walsh, and Martin

     Date Introduced: February 16, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

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is hereby amended by adding thereto the following chapter:

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     CHAPTER 25

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THE RHODE ISLAND LOCAL AGRICULTURE AND SEAFOOD ACT

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     2-25-1. Short title. -- This chapter shall be known and may be cited as the “The Rhode

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Island Local Agriculture and Seafood Act.”

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     2-25-2. Legislative findings. -- The general assembly hereby finds and declares:

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     (1) A viable agricultural and seafood sector in Rhode Island represents part of a secure

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regional food supply, which in turn lends itself to energy and economic efficiencies;

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     (2) The federal government and regional entities have established and continue to

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establish programs and processes to support local agricultural production and increased

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consumption of locally produced food, and Rhode Island functions in whole or in part in the

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context of federal and regional programs;

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     (3) The general public is increasingly interested in locally produced food;

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     (4) The benefits of local food systems to local communities include open land, jobs,

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nutritious and safe foods, and youth education opportunities;

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     (5) Farms and commercial fishing are an integral part of Rhode Island’s overall economy;

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     (6) Encouraging the continued growth of Rhode Island’s agricultural and seafood sectors

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is integral to reducing food insecurity in Rhode Island;

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     (7) Relationship-based food systems such as farm-to-school programs, community

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supported agriculture (CSA) programs, farmers’ markets, and pick-your-own operations are

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increasingly popular and offer areas of opportunity for new farmers; and

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     (8) The state of Rhode Island has historically established programs to provide for and

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regulate the agriculture and commercial fishing sectors.

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     2-25-3. Legislative Intent. -- The general assembly intends:

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     (1) To support and develop more robust and self-sustaining agricultural and seafood

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sectors that also promotes emerging agricultural industries;

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     (2) That policies and programs of the state will support and promote the Rhode Island

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agriculture and seafood industries as a vital component of the state’s economy and essential

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steward of our land and coastal waters;

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     (3) That current policies and programs pertaining to the viability of Rhode Island’s

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agricultural and seafood industries be reviewed and confirmed or changed in order to assure the

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long-term economic prosperity of the industries; and

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     (4) That Rhode Island will promote processing and consumption of agricultural and

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seafood products from within Rhode Island.

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     2-25-4. Definitions. -- When used in this chapter, the following terms shall have the

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following meanings:

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     (1) "Director" means the director of the department of environmental management or his

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or her duly authorized agent or agents.

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     (2) “Program” means the local agriculture and seafood small grants and technical

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assistance program.

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     (3) “Fund” means the local agriculture and seafood small grants and technical assistance

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fund.

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     2-25-5. Small grants and technical assistance program established. -- The department

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of environmental management shall establish the local agriculture and seafood small grants and

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technical assistance program. Through the program the department shall: (1) Assist in the

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marketing of Rhode Island grown agricultural products and local seafood for the purpose of sale

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and promotion within the state of Rhode Island or United States; (2) Enhance the economic

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competitiveness of Rhode Island grown agricultural products and local seafood; (3) Provide

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financial and technical assistance support to organizations and farmers for activities and

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programs which enhance the economic viability of local agriculture, and support the development

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of a locally based, safe and sustainable food system; (4) Provide individual farm grants to small

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or beginning Rhode Island farmers that support the entry or sustainability within the respective

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industry; (5) Work with the state department of health to further develop and support food safety

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related programs and standards pertaining to local agriculture and seafood; and (6) Perform other

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activities necessary to facilitate the success and viability of the state’s agricultural and seafood

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sectors.

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     2-25-6. Local agriculture and seafood small grants and technical assistance fund

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established and solicitation of funding. -- (a) For the purpose of paying the costs to the

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department of environmental management of administering the local agriculture and seafood

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small grants and technical assistance program and for the purpose of carrying out the purposes of

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the program as stated in subdivisions 2-25-5(3) and 2-25-5(4) a restricted receipt account is

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hereby created and known as the “local agriculture and seafood small grants and technical

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assistance fund.”

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     (b) The program shall be empowered to apply for and receive from any federal, state, or

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local agency, private foundation, or individual, any grants, appropriations, or gifts in order to

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carry out the purposes of the program established in section 2-25-5.

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     2-25-7. Use of Funds.-- (a) A non-profit entity or small or beginning farmer may apply

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to the department of environmental management for a grant to be used to fulfill the purposes of

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the program as stated in subdivisions 2-25-5(3) and 2-25-5(4). Any grant disbursed under this

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program shall not exceed twenty thousand dollars ($20,000) per year. Applications for grants

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authorized under this section shall:

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     (1) Provide a brief summary of the nonprofit entity or small or beginning farmer’s

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mission, goals, history, programs, and major accomplishments, success stories and qualifications;

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     (2) Briefly describe the proposed project or program, the capacity to carry out the

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program and who will benefit from the program;

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     (3) Describe the expected outcomes and the indicators of those outcomes;

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     (4) Outline the timeline to be used in the implementation of the program or project; and

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     (5) Provide a program or project budget.

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     (b) The funds shall also be used by the department to provide administrative and

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technical support of the program, and to leverage program funds with other potential federal, state

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or nonprofit funding sources, and shall serve to develop, implement and enforce when appropriate

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food safety related standards and programs related to local agriculture and seafood in

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coordination with the Rhode Island department of health and appropriate federal agencies.

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     2-25-8. Accountability and oversight. -- (a) On an annual basis, the department shall

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prepare a report that details the performance of the local agriculture and seafood small grants and

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technical assistance program, and the disbursements made during the prior year from the local

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agriculture and seafood small grants and technical assistance fund and other sources, and how the

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department plans to allocate and use funds provided through the local agriculture and seafood

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small grants and technical assistance fund during the next year. The report shall include any

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additional, relevant information relating to the administration of the program, and the status of

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any state-based agricultural assessments and local food production assessments.

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     (b) The department shall annually schedule and conduct one or more public meetings to

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solicit input from the general public on whether the program is meeting its intended purposes, and

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to solicit recommendations for modifying the program.

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     (c) The department shall annually submit the report, including an addendum summarizing

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the feedback provided at the public meeting(s) referenced section in 2-25-9, to the general

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assembly. 

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     2-25-9. Powers and Duties. -- The department of environmental management may adopt

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any rules necessary for the administration of this section.

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     SECTION 2. Section 2-1-8 of the General Laws in Chapter 2-1 entitled “Agricultural

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Functions of the Department of Environmental Management” is hereby amended to read as

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follows:

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     2-1-8. Marketing functions of director. -- Promotion of Rhode Island grown farm

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products and Rhode Island seafood. -- The director of environmental management is vested

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with authority as follows: shall establish and administer a program to promote the marketing of

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Rhode Island seafood and farm products grown and produced in Rhode Island for the purpose of

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encouraging the development of the commercial fishing and agricultural sectors in the state. The

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director of environmental management shall:

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     (1) To collect Collect and diffuse timely information relative to the seasonal supply,

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demand and prevailing prices of seafood and farm products, both at wholesale and retail, the

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movement of seafood and farm products through commercial channels, and the quantities and

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conditions of seafood and farm products in dry and cold storage.

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     (2) To assist Assist and advise in the organization and maintenance of producers' and

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consumers' cooperative selling and buying associations.

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     (3) To investigate Investigate the cost of distributing seafood and farm products, both at

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wholesale and retail, and to publish these findings that may be of practical interest to the public.

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     (4) To furnish Furnish advice and assistance to the public with reference to buying of

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seafood and farm products and other matters relative to seafood and farm products.

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     (5) To take Take those lawful measures that may be deemed advisable to prevent waste

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or uneconomical use of seafood and farm products.

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     (6) To co-operate Cooperate with various state and federal agencies having to do with

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seafood and farm products.

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     (7) Conduct efforts to promote interaction and business relationships between farmers,

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fishermen and restaurants, grocery stores, institutional cafeterias and other potential institutional

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purchasers of Rhode Island seafood and Rhode Island grown farm products, including, but not

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limited to:

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     (i) Organizing state-wide or regional events promoting Rhode Island grown or harvested

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seafood and farm products, where farmers, fishermen, and potential institutional customers are

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invited to participate. The director shall use his or her best efforts to solicit cooperation and

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participation from the farm, corporate, retail, wholesale and grocery communities in such

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advertising, internet-related and event planning efforts.

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     (8) The director shall report annually to the general assembly having cognizance of

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matters relating to the environment on issues with respect to efforts undertaken pursuant to the

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requirements of this section. The director may adopt, in accordance with section 2-1-9, such

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regulations as deemed necessary to carry out the purposes of this section.

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     SECTION 3. 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 36

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     THE INTER-AGENCY FOOD & NUTRITION POLICY ADVISORY COUNCIL

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     21-36-1. Short title. -- This chapter shall be known and may be cited as the “The Inter-

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Agency Food and Nutrition Policy Advisory Council Act.”

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     21-36-2. Definitions. -- As used in this chapter, unless otherwise specified, the following

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words have the following meaning:

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     (1) "Council" means the inter-agency food and nutrition policy advisory council.

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     21-36-3. Council Composition. -- There shall be an inter-agency food and nutrition

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policy advisory council which shall consist of three (3) members: the director of health or his or

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her designee; the director of environmental management or his or her designee; and the director

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of administration or his or her designee. The members of the commission shall elect a chairperson

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from among themselves. 

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      21-36-4. Powers and Duties. -- (a) The council shall examine issues regarding the

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identification and development of solutions to regulatory and policy barriers to developing a

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strong sustainable food economy and healthful nutrition practices.

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     (b) The council shall collaborate with other task forces, committees, or organizations that

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are pursuing initiatives or studies similar to the purposes and duties outlined in this chapter.

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     (c) The council shall collaborate with, serve as a resource to, and receive input from food

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policy councils in the state.

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     (d) The council shall examine any other program and policy issues the council considers

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pertinent.

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     21-36-5. Reporting requirements. -- The council shall provide a written report to the

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general assembly by March 30th of each year regarding its activities for the preceding calendar

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year.

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      21-36-6. Severability. -- If any clause, sentence, paragraph or part of this chapter shall

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for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment

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shall not affect, impair or invalidate the remainder of it, but shall be confined in its operation to

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the clause, sentence, paragraph or part directly involved in the controversy in which the judgment

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shall have been rendered.

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     SECTION 4. This act shall take effect upon passage.

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LC01689

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO AGRICULTURE AND FORESTRY - THE RHODE ISLAND LOCAL

AGRICULTURE AND SEAFOOD ACT

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     This act would direct the department of environmental management would establish the

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local agriculture and seafood small grants and technical assistance program. The purpose of these

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grants and programs would be to promote the sale of Rhode Island seafood and farm products. It

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would also create the interagency food and nutrition policy advisory council.

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     This act would take effect upon passage.

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LC01689

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