Chapter 037

2012 -- H 7701 AS AMENDED

Enacted 04/26/12

 

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

     

It is enacted by the General Assembly as follows:

 

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

is hereby amended by adding thereto the following chapter:

 

CHAPTER 25

THE RHODE ISLAND LOCAL AGRICULTURE AND SEAFOOD ACT

 

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

Island Local Agriculture and Seafood Act.”

 

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

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

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

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

establish programs and processes to support local agricultural production and increased

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

context of federal and regional programs;

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

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

nutritious and safe foods, and youth education opportunities;

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

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

is integral to reducing food insecurity in Rhode Island;

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

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

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

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

regulate the agriculture and commercial fishing sectors.

 

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

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

sectors that also promotes emerging agricultural industries;

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

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

steward of our land and coastal waters;

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

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

long-term economic prosperity of the industries; and

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

seafood products from within Rhode Island.

 

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

following meanings:

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

or her duly authorized agent or agents.

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

assistance program.

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

fund.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

sectors.

 

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

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

department of environmental management of administering the local agriculture and seafood

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

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

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

assistance fund.”

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

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

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

 

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

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

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

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

authorized under this section shall:

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

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

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

program and who will benefit from the program;

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

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

     (5) Provide a program or project budget.

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

to solicit recommendations for modifying the program.

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

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

assembly

 

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

any rules necessary for the administration of this section.

 

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

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

follows:

 

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

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

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

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

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

director of environmental management shall:

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

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

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

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

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

consumers' cooperative selling and buying associations.

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

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

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

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

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

or uneconomical use of seafood and farm products.

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

seafood and farm products.

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

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

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

limited to:

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

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

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

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

advertising, internet-related and event planning efforts.

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

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

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

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

 

     SECTION 3. Title 21 of the General Laws entitled “FOOD AND DRUGS” is hereby

amended by adding thereto the following chapter:

 

CHAPTER 36

THE INTER-AGENCY FOOD & NUTRITION POLICY ADVISORY COUNCIL

 

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

Agency Food and Nutrition Policy Advisory Council Act.”

 

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

word has the following meaning:

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

 

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

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

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

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

from among themselves. 

 

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

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

strong sustainable food economy and healthful nutrition practices.

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

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

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

policy councils in the state.

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

pertinent.

 

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

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

year.

 

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

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

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

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

shall have been rendered.

 

     SECTION 4. This act shall take effect upon passage.

     

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LC01689

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