2023 -- H 5345

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LC001157

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF

DEPARTMENT

     Introduced By: Representatives Fogarty, Handy, Cortvriend, Carson, McEntee, Azzinaro,
Messier, Kazarian, Edwards, and Hull

     Date Introduced: February 03, 2023

     Referred To: House Environment and Natural Resources

     (Dept. of Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 2-1-10.1 of the General Laws in Chapter 2-1 entitled "Agricultural

Functions of Department of Environmental Management" is hereby amended to read as follows:

     2-1-10.1. Assent to food safety modernization act.

     (a) The state of Rhode Island assents to the provisions of the act of Congress entitled “FDA

Food Safety Modernization Act,” 21 U.S.C. § 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform those acts relating to produce on

the farm that may be necessary for the modernization of the safety of the food supply, as defined

in that act of Congress, in compliance with that act and with the rules and regulations promulgated

by the Food and Drug Administration that are consistent with that act.

     (b) The State of Rhode Island assents to the provisions of the act of Congress entitled "FDA

Food Safety Modernization Act," 21 U.S.C. § 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform those acts relating to the Preventive

Controls for Animal Food (PCAF) regulation in compliance with that act and with the rules and

regulations promulgated by the Food and Drug Administration that are consistent with that act.

     SECTION 2. Sections 2-7-4 and 2-7-6 of the General Laws in Chapter 2-7 entitled

"Commercial Fertilizer" are hereby amended to read as follows:

     2-7-4. Registration.

     (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer

or by that person whose name appears upon the label before being distributed in this state. The

application for registration shall be submitted to the director on a form furnished by the director,

and shall be accompanied by a fee of one hundred dollars ($100) per brand or grade registered.

     (1) All revenues received from registration fees shall be deposited as general revenues.

     (2) All applications for registration shall be accompanied by a label or true copy of the

label.

     (3) Upon approval by the director, a copy of the registration shall be furnished to the

applicant.

     (4) All registrations expire on December 31 of each year.

     (5) The application shall include the following information:

     (i) The brand and grade;

     (ii) The guaranteed analysis; and

     (iii) The name and address of the registrant.

     (b) A distributor is not required to register any commercial fertilizer that is already

registered under this chapter by another person, providing the label does not differ in any respect.

     (c) A distributor is not required to register each grade of commercial fertilizer formulated

according to specifications that are furnished by a consumer prior to mixing.

     (d) The plant nutrient content of each and every brand and grade of commercial fertilizer

must remain uniform for the period of registration.

     (e) The director may require that the registration and fees required by this section be paid

electronically.

     (f) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.

     2-7-6. Tonnage reports, tonnage fees.

     (a) There shall be paid to the department of environmental management for all commercial

fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided,

that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar

($1.00) are waived. All registration and tonnage fees received by the director under the provisions

of this chapter shall be deposited into the general fund as general revenue.

     (b) Every person who distributes a commercial fertilizer in this state shall file with the

director, on forms furnished by the director, an annual tonnage report, under oath, for the twelve

(12) month period ending June 30th. The report shall set forth the net tons of each grade of

commercial fertilizer distributed in this state during the twelve (12) month period.

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     (c) The tonnage report and tonnage fee are due on or before July 15th following the close

of the annual period. The tonnage fee is at the rate stated in subsection (a).

     (d) If the tonnage report is not filed and/or the tonnage fee not made on or before August

1st, following the close of the annual period, a collection fee amounting to ten percent (10%) (ten

dollars ($10.00) minimum) of the amount shall be assessed against the registrant, and the amount

of fees due shall constitute a debt and become the basis of a judgment against the registrant. The

director, however, in his or her discretion, may grant a reasonable extension of time. No information

furnished the director under this section shall be disclosed in a way as to divulge the operation of

any person.

     (e) When more than one person is involved in the distribution of a commercial fertilizer,

the last person who has the fertilizer registered and who distributes to a non-registrant (dealer or

consumer) is responsible for reporting and paying the tonnage fee, unless the report and payment

is made by a prior distributor of a fertilizer.

     (f) All moneys for the commercial fertilizer program shall be made available to the director

for the following purposes:

     (1) To support the feed and fertilizer testing laboratory for the testing and analysis of

commercial fertilizers distributed within this state for the expressed purpose of detection of

deficiency; and

     (2) For payment of ancillary services, personnel and equipment incurred in order to carry

out the purposes of quality assurance defined by this chapter.

     (g) The director may require that all reports and fees required by this section be submitted

electronically.

     (h) In addition to the tonnage fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration fee per report.

     SECTION 3. Sections 2-21-6 and 2-21-7 of the General Laws in Chapter 2-21 entitled

"Agricultural Liming Materials" are hereby amended to read as follows:

     2-21-6. Registration.

     (a) Each separately identified product shall be registered before being distributed in this

state. The application for registration shall be submitted to the director on forms furnished by the

director and shall be accompanied by a fee of twenty dollars ($20.00) per product. Upon approval

by the director, a copy of the registration shall be furnished to the applicant. All registrations expire

on December 31st of each year.

     (b) A distributor is not required to register any brand of agricultural liming material which

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is already registered under this chapter by another person, providing the label does not differ in any

respect.

     (c) The director may require that the registration and fees required by this section be paid

electronically.

     (d) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.

     2-21-7. Reporting of tonnage.

     (a) Within thirty (30) days following the expiration of registration, each registrant shall

submit on forms furnished by the director an annual statement under oath for the twelve (12) month

period ending the calendar year, setting forth the number of net tons of each agricultural liming

material sold by him for use in the state during that calendar year. No tonnage fee is required on

agricultural liming materials being offered for sale in this state.

     (b) The director shall publish and distribute annually, to each agricultural liming material

registrant or other interested persons a composite report showing the tons of agricultural liming

material sold in the state. This report shall in no way divulge the operation of any registrant.

     (c) The director may require that the report required by this section be submitted

electronically.

     SECTION 4. Section 2-22-5 of the General Laws in Chapter 2-22 entitled "Soil

Amendments" is hereby amended to read as follows:

     2-22-5. Registration — Tonnage report and fee.

     (a) Each separately identified product shall be registered before being distributed in this

state. The application for registration shall be submitted to the director of environmental

management on forms furnished or approved by the director and be accompanied by a fee of fifty

dollars ($50.00) per product. Upon approval by the director, a certified copy of the registration shall

be furnished to the applicant. All registrations expire on December 31st of each year. Each

manufacturer shall submit to the director a copy of labels and advertising literature with the

registration request for each soil amendment.

     (b) A distributor is not required to register any brand of soil amendment which is already

registered under this chapter by another person, providing that the label does not differ in any

respect.

     (c) Before registering any soil amendment, the director may require evidence to

substantiate the claims made for the soil amendment and proof of the value and usefulness of the

soil amendment and of any process step during composting deemed essential to the safety of the

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soil amendment as provided in subsections (c) and (d) of § 2-22-4.

     (d) The director may by regulation set the minimum amount of a soil amending ingredient

and soil amending ingredients that must be present before a soil amendment can be registered and

sold.

     (e) The director may through promulgation of regulations require a tonnage fee and/or

tonnage report annually. If required, the tonnage fee and tonnage report may be made on a

calculated equivalent of volume to tons on brands labeled by volume rather than weight.

     (f) The composter is required to register the operation with the director and shall identify

their organic and any inorganic inputs and processes used in the making of their compost. The

director shall set forth rules and regulations delineating the organic inputs allowed under the

following compost designations and shall collect the appropriate registration fee for the compost

operation. Compost classes are:

     (1) Horticultural grade, general use, one hundred fifty dollars ($150) per year;

     (2) Horticultural grade, mixed source general use, three hundred dollars ($300) per year;

     (3) Non-food crop use, one thousand dollars ($1,000) per year; and

     (4) Limited landscape use, two thousand five hundred dollars ($2,500) per year.

     (g) The director may require that all fees and registrations required by this section be

submitted electronically.

     (h) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.

     SECTION 5. Section 4-7-16 of the General Laws in Chapter 4-7 entitled "Livestock

Dealers" is hereby amended to read as follows:

     4-7-16. License plate fees License fees.

     The fee for the first license issued to any one individual or corporation in accordance with

this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The fee

for each additional license and set of number plates is twenty-five dollars ($25.00).

     SECTION 6. Section 4-11-2 of the General Laws in Chapter 4-11 entitled "Psittacine

Birds" is hereby amended to read as follows:

     4-11-2. Importation permits.

     (a) No psittacine birds shall be shipped into Rhode Island unless a permit is obtained from

the director of environmental management prior to shipment certificate of veterinary inspection

accompanies the shipment of birds. The certificate of veterinary inspection must be compliant with

rules and regulations governing the importation of domestic animals (250-RICR-40-05-1).

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     (b) Permits shall be issued only if a request for one is accompanied by a certificate issued

by a graduate, licensed veterinarian certifying that all birds on the premises from which the

shipment originates are free from any symptoms of any infectious, contagious or communicable

disease.

     (c) Requests for permits to import psittacine birds must contain the number and kind of

bird to be imported, origin and date of shipment, and destination of shipment.

     SECTION 7. Sections 4-12-2 and 4-12-8 of the General Laws in Chapter 4-12 entitled

"Apiculture" are hereby amended to read as follows:

     4-12-2. Definitions.

     As used in §§ 4-12-2 — 4-12-17 unless the context clearly requires otherwise, the

following terms mean:

     (1) “Abandoned colony or apiary” means any colony or apiary which is not currently

registered and has not been registered within the preceding two (2) years and/or which the inspector

is unable to locate the owner and is unable to inspect due to conditions within the colony which

render the colony or apiary uninspectable.

     (2) “Apiary” means any place or location where one or more colonies or nuclei of bees are

kept.

     (3) “Authorized official” means the state official authorized to inspect apiaries in the state

of origin of bees being transported into or through the state.

     (4) “Beekeeper” means any individual, person, firm, association or corporation owning,

possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or

byproducts, or for the pollination of crops for either personal or commercial use.

     (5) “Beekeeping equipment” means all hives, hive bodies, supers, frames, combs, bottom

boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices

or boxes or other containers which may have been used in the capturing or holding of swarms, and

including honey which may be or may have been used in or on any hive, colony, nuclei or used in

the rearing or manipulation of bees or their brood.

     (6) “Bees” means any stage of the common honey bee, apis mellifera, or other bees kept

for the production of honey, wax or pollination.

     (7) “Colony” means the bees inhabiting a single hive, nuclei box or dwelling place.

     (8) “Director” means the director of the Rhode Island department of environmental

management.

     (9) “Disease” means American foulbrood and any other infectious, contagious or

communicable disease affecting bees or their brood.

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     (10) “Eradicate” means the destruction and/or disinfection of infected and/or infested bees,

equipment and/or pests by burning or by treatment approved by the state inspector.

     (11) “Feral colony” means an unowned or unmanaged colony of bees existing naturally.

     (12) “Hive” means any man-made domicile with removable frames for keeping bees.

     (13) “Inspector” means a person appointed by the director to check for diseased conditions

or pest infestations in one or more apiaries as authorized by law.

     (14) “Pests” means the honey bee tracheal mite, Acarapis woodi; and the Varroa mite,

Varroa jacobsoni, and any other arthropod pests detrimental to honey bees; and genetic strains of

the Africanized sub species, Apis mellifera adansoni and/or Apis mellifera scutellata.

     (15) “Swarms” means a natural division of a colony in the process of becoming a feral

colony.

     4-12-8. Movement permit required — When — Form — Issuance — Fee — Verbal

authorization.

     (a) It is unlawful to move, carry, transport, or ship bees, bees on comb, combs or used

beekeeping equipment into the state unless accompanied by a valid permit issued by the director of

environmental management. Applications for a permit to transport bees or used beekeeping

equipment into the state shall be submitted on a form approved by the director. This application

form shall be accompanied by a certificate of health issued by the authorized official of the state

from which the bees are to be moved, certifying that the bees and used beekeeping equipment have

been inspected by an authorized official during a period of active brood rearing, within fifteen (15)

days prior to the proposed date of movement, and that these bees and used beekeeping equipment

were found apparently free from any diseases or pests. Each application shall disclose the number

of colonies of bees to be transported and a description of the location or locations where the bees

are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping

equipment into the state, accompanied by a proper certificate of health and application fee of fifty

dollars ($50.00) per application, the director shall issue the desired permit. This shall not apply to

honey bees from quarantined areas outside the state. These quarantines shall include all federal,

state or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall

be in accordance with regulations made pursuant to this law.

     (b) Regardless of the provisions in subsection (a) of this section, the director has the

authority to issue a permit without inspection to the person or persons owning these bees and

equipment providing these bees and beekeeping equipment were certified and moved from the state

within fifteen (15) days prior to the desired date of reentry and if the director is satisfied these bees

and equipment have not been exposed to diseased bees, pests, or equipment. This section shall not

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apply to bees or beekeeping equipment returning from quarantined areas.

     (c) A verbal authorization may be allowed by the director if the written permit outlined

above has been submitted and received in a timely manner but has not been returned by the time

the bees are to be moved.

     (d) Combless packages of bees or queens, or both, may be admitted into Rhode Island

without a Rhode Island permit, when accompanied by a valid certificate of inspection from the state

of origin stating that they are free of diseases and pests. This shall not apply to honey bees from

quarantined areas outside the state. These quarantines shall include all federal, state or Rhode Island

exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with

regulations made pursuant to this law.

     SECTION 8. Sections 23-25-6 and 23-25-6.1 of the General Laws in Chapter 23-25 entitled

"Pesticide Control" are hereby amended to read as follows:

     23-25-6. Registration.

     (a) Every pesticide that is distributed in the state shall be registered with the director subject

to the provisions of this chapter and shall be categorized for registration purposes. These categories

shall be: “consumer protection and health benefits products,” which means all disinfectants,

sanitizers, germicides, biocides and other pesticides labeled for use directly on humans or pets or

in or around household premises, and “agricultural and other pesticides,” which means restricted-

use pesticides and other pesticides that are not consumer protection and health benefits products.

That registration shall be renewed annually prior to January 31; provided, that registration is not

required if a pesticide is shipped from one plant or warehouse to another plant or warehouse

operated by the same person and used solely at the plant or warehouse as a constituent part to make

a pesticide that is registered under the provisions of this chapter or if the pesticide is distributed

under the provisions of an experimental use permit issued under § 23-25-7 or an experimental use

permit issued by the EPA.

     (b) The applicant for registration shall file a statement with the director that shall include:

     (1) The name and address of the applicant and the name and address of the person whose

name will appear on the label, other than the applicant’s;

     (2) The name of the pesticide;

     (3) Other necessary information required for completion of the department of

environmental management’s application for registration form. The director may, upon receipt of

an application, designate a pesticide product as a “statewide minor use” product. Such products

will be those which, due to limited distribution within the state, do not, in the opinion of the director,

warrant payment of the registration fee and surcharge required to register a product within Rhode

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Island. Upon designating a product as a “statewide minor use” the director shall register the product

for sale or distribution while waiving both the registration fee and surcharge. The applicant wishing

to have a product so designated shall submit a completed application containing the following

information:

     (i) The product name;

     (ii) EPA registration number, if applicable;

     (iii) Description of pest to be controlled, and applicable sites;

     (iv) Documentation that the product is not registered due to limited market; and

     (v) Explanation as to why there are not effective, reasonable alternative products currently

registered.

     (4) A complete copy of the labeling accompanying the pesticide and a statement of all

claims to be made for it, including the directions for use and the use classification as provided for

in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a et seq.

     (c) The director, when he or she deems it necessary in the administration of this chapter,

may require the submission of the complete formula of any pesticide, including the active and inert

ingredients.

     (d) The director may require a full description of the tests made and the results of the tests

upon which the claims are based on any pesticide not registered pursuant to § 3 of FIFRA, 7 U.S.C.

§ 136a, or on any pesticide on which restrictions are being considered. In the case of renewal of

registration, a statement shall be required only with respect to information that is different from

that furnished when the pesticide was registered or last reregistered.

     (e) The director may prescribe other necessary information by regulation.

     (f) The applicant desiring to register a pesticide shall, unless the director has determined

the subject product is a “statewide minor use” product pursuant to subsection (b)(3), pay an annual

registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the

applicant which shall be credited by the general treasurer to the pesticide relief fund. Annually, on

November 1, the general treasurer shall notify the director of the amount of funds contained in the

pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on

that date, the annual registration fee for the next following year commencing December 1 shall be

twenty-five dollars ($25.00), which shall become part of the general fund. All registrations shall

expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for

a special local need pursuant to this section that is disapproved by the administrator, EPA, shall

expire on the effective date of the administrator’s disapproval.

     (g) Any registration approved by the director and in effect on the 31st day of January, for

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which a renewal application has been made and the proper fee paid, shall continue in full force and

effect until any time that the director notifies the applicant that the registration has been renewed,

or denied, in accord with the provisions of § 23-25-8. Forms for re-registration shall be mailed to

registrants at least thirty (30) days prior to the due date.

     (h)(1) Provided the state of Rhode Island is certified by the administrator of EPA to register

pesticides pursuant to § 24(c) of FIFRA, 7 U.S.C. § 136v(c), the director shall require the

information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and

conditions of the EPA certification, register the pesticide if he or she determines that:

     (i) Its composition is such as to warrant the proposed claims for it;

     (ii) Its labeling and other material required to be submitted comply with the requirements

of this chapter;

     (iii) It will perform its intended function without unreasonable adverse effects on the

environment;

     (iv) When used in accordance with widespread and commonly recognized practice, it will

not generally cause unreasonable adverse effects on the environment; and

     (v) A special local need for the pesticide exists.

     (2) Prior to registering a pesticide for a special local need, the director shall classify the use

of the pesticide for general or restricted use in conformity with § 3(d), 7 U.S.C. § 136a(d), of

FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying

registration of any pesticide. Where two (2) pesticides meet the requirements of this subdivision,

one should not be registered in preference to the other.

     (3) The director may develop and promulgate any other requirements by regulation that are

necessary for the state plan to receive certification from EPA.

     (i) The director may require that all registrations and fees required by this section be

submitted electronically.

     (j) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.

     23-25-6.1. Registration fee — Surcharge.

     (a) In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-

25-6, an additional two hundred fifty dollars ($250) registration surcharge fee shall be imposed

upon each pesticide to be sold or used within the state, unless the director has determined the subject

product is a “statewide minor use” product pursuant to § 23-25-6(b)(3). The registration surcharge

fee shall be deposited as general revenues. The director may require that the registration surcharge

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required by this section be paid electronically.

     (b) In addition to the registration surcharge, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.

     SECTION 9. Section 4-7-14 of the General Laws in Chapter 4-7 entitled "Livestock

Dealers" is hereby repealed.

     4-7-14. Vehicle number plates.

     The director shall furnish for each vehicle to be used by a licensee in the business of buying,

selling, and/or transporting livestock, two (2) number plates. These plates shall be displayed

prominently on the vehicle used in the buying, selling and/or transporting of livestock under this

chapter.

     SECTION 10. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

HUSBANDRY" is hereby amended by adding thereto the following chapter:

CHAPTER 28

ELECTRONIC PAYMENTS AND APPLICATIONS

     4-28-1. Electronic payment of fees.

     (a) The director of the department of environmental management may require that any fee

owed to the department, pursuant to any chapter of title 4, be paid electronically.

     (b) In addition to specific fees owed to the department of environmental management,

pursuant to any chapter of title 4, the director of the department of environmental management may

charge a processing fee. The department shall set the amount of such fees through rules and

regulations, with processing fees not to exceed five percent (5%) of the original fee owed to the

department.

     4-28-2. Electronic submission of applications and reports.

     The director of the department of environmental management may require that any

application or report required to be submitted to the department, pursuant to title 4, may be

submitted electronically.

     SECTION 11. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF

DEPARTMENT

***

     This act would provide that Rhode Island assents to the provisions of the FDA Food Safety

Modernization Act relative to the Preventive Controls for Animal Food Regulation (PCAF)

regulations and would allow for the electronic submission of reports, registrations and fees to the

department of environmental management from various agencies and/or dealers relative to the

distribution of certain products, and would also amend the provision for importation of psittacine

birds, and would amend the definition of "pests" for purposes of agriculture.

     This act would take effect upon passage.

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