Introduced By: Reps. Slater, Carpenter, Giannini, Costantino and Fox
Date Introduced : January 28, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 23-26 of the General Laws entitled "Bedding and Upholstered Furniture" is hereby amended by adding thereto the following section:
{ADD 23-26-7.1. Sterilization, disinfection and disinfestation of bedding and materials. -- ADD} {ADD (a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding or any item of bedding of any type manufactured in whole or in part from secondhand material, including their component parts or wiping rags, unless such material has been sterilized, disinfected and cleaned, by a method approved by the department of business regulation; provided, further, that any product used for sterilization or disinfection of secondhand bedding must be registered as consumer and health benefit products and labeled for use on bedding and upholstered furniture by the EPA in accordance with section 23-25-6 of this title. The department of business regulation shall promulgate rules and regulations consistent with the provisions of this chapter. ADD}
{ADD (b) No person shall use in the manufacture, repair and renovation of bedding of any type any material which has been used by a person with an infectious or contagious disease, or which is filthy, oily or harbors loathsome insects or pathogenic bacteria. ADD}
{ADD (c) No person shall sell, or offer for sale or include in a sale any material or bedding which under the provisions of this chapter or regulations requires treatment unless there is securely attached in accordance with regulations, a yellow tag not less than twelve square inches in size, made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly printed, in black ink, in the English language, a statement showing: ADD}
{ADD (1) That the item or material has been treated by a method approved by the department of business regulation, and the method of treatment applied. ADD}
{ADD (2) The lot number and the tag number of the item treated. ADD}
{ADD (3) The license number of the person applying treatment. ADD}
{ADD (4) The name and address of the person for whom treated. ADD}
{ADD (d) The tag required by this section shall be in addition to any other tag required pursuant to the provisions of this chapter. Holders of licenses to apply sterilization, disinfection or disinfestation treatment shall be required to keep an accurate record of all materials which have been subjected to treatment, including the source of material, date of treatment, and the name and address of the receiver of each. Such records shall be available for inspection at any time by authorized representatives of the department. ADD}
{ADD (e) Violations of this section shall be punishable by a fine not to exceed five hundred dollars ($500). ADD}
SECTION 2. Section 23-25-6 of the General Laws in Chapter 23-25 entitled "Pesticide Control" is hereby amended to read as follows:
23-25-6. Registration. -- (a) Every pesticide which is distributed in the state shall be registered with the director subject to the provisions of this chapter {ADD , and shall be categorized for registration purposes. Such 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 ADD}. 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 which is registered under the provisions of this chapter or if the pesticide is distributed under the provisions of an experimental use permit issued under section 23-25-7 or an experimental use permit issued by EPA.
(b) The applicant for registration shall file a statement with the director which 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;
(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 FIFRA.
(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 thereof upon which the claims are based on any pesticide not registered pursuant to section 3 of FIFRA, 7 U.S.C. section 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 which 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 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. Commencing November 1, 1987 and annually on that date thereafter 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 which 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 which a renewal application has been made and the proper fee paid, shall continue in full force and effect until such time as the director notifies the applicant that the registration has been renewed, or otherwise denied, in accord with the provisions of section 23-25-8. Forms for reregistration 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 section 24(c) of FIFRA, 7 U.S.C. section 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 section 3(d), 7 U.S.C. section 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 paragraph, one should not be registered in preference to the other.
(3) The director may develop and promulgate such other requirements by regulation as are necessary for the state plan to receive certification from EPA.
SECTION 3. This act shall take effect upon passage.
