29 | | - | management is authorized, empowered, and directed to perform: 6 |
---|
30 | | - | (i) Perform those acts relating to produce on the farm that may be necessary for the 7 |
---|
31 | | - | modernization of the safety of the food supply, as defined in that act of Congress, in compliance 8 |
---|
32 | | - | with that act and with the rules and regulations promulgated by the Food and Drug Administration 9 |
---|
33 | | - | that are consistent with that act.; and 10 |
---|
34 | | - | (ii) Perform those acts relating to the Preventive Controls for Animal Food (PCAF) 11 |
---|
35 | | - | regulation in compliance with that act and with the rules and regulations promulgated by the Food 12 |
---|
36 | | - | and Drug Administration that are consistent with that act. 13 |
---|
37 | | - | SECTION 2. Sections 2-7-4 and 2-7-6 of the General Laws in Chapter 2-7 entitled 14 |
---|
38 | | - | "Commercial Fertilizer" are hereby amended to read as follows: 15 |
---|
39 | | - | 2-7-4. Registration. 16 |
---|
40 | | - | (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer 17 |
---|
41 | | - | or by that person whose name appears upon the label before being distributed in this state. The 18 |
---|
| 29 | + | management is authorized, empowered, and directed to perform those acts relating to produce on 6 |
---|
| 30 | + | the farm that may be necessary for the modernization of the safety of the food supply, as defined 7 |
---|
| 31 | + | in that act of Congress, in compliance with that act and with the rules and regulations promulgated 8 |
---|
| 32 | + | by the Food and Drug Administration that are consistent with that act. 9 |
---|
| 33 | + | (b) The State of Rhode Island assents to the provisions of the act of Congress entitled "FDA 10 |
---|
| 34 | + | Food Safety Modernization Act," 21 U.S.C. § 2201 et seq., and the director of environmental 11 |
---|
| 35 | + | management is authorized, empowered, and directed to perform those acts relating to the Preventive 12 |
---|
| 36 | + | Controls for Animal Food (PCAF) regulation in compliance with that act and with the rules and 13 |
---|
| 37 | + | regulations promulgated by the Food and Drug Administration that are consistent with that act. 14 |
---|
| 38 | + | SECTION 2. Sections 2-7-4 and 2-7-6 of the General Laws in Chapter 2-7 entitled 15 |
---|
| 39 | + | "Commercial Fertilizer" are hereby amended to read as follows: 16 |
---|
| 40 | + | 2-7-4. Registration. 17 |
---|
| 41 | + | (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer 18 |
---|
44 | | - | LC001157/SUB A - Page 2 of 12 |
---|
45 | | - | application for registration shall be submitted to the director on a form furnished by the director, 1 |
---|
46 | | - | and shall be accompanied by a fee of one hundred dollars ($100) per brand or grade registered. 2 |
---|
47 | | - | (1) All revenues received from registration fees shall be deposited as general revenues. 3 |
---|
48 | | - | (2) All applications for registration shall be accompanied by a label or true copy of the 4 |
---|
49 | | - | label. 5 |
---|
50 | | - | (3) Upon approval by the director, a copy of the registration shall be furnished to the 6 |
---|
51 | | - | applicant. 7 |
---|
52 | | - | (4) All registrations expire on December 31 of each year. 8 |
---|
53 | | - | (5) The application shall include the following information: 9 |
---|
54 | | - | (i) The brand and grade; 10 |
---|
55 | | - | (ii) The guaranteed analysis; and 11 |
---|
56 | | - | (iii) The name and address of the registrant. 12 |
---|
57 | | - | (b) A distributor is not required to register any commercial fertilizer that is already 13 |
---|
58 | | - | registered under this chapter by another person, providing the label does not differ in any respect. 14 |
---|
59 | | - | (c) A distributor is not required to register each grade of commercial fertilizer formulated 15 |
---|
60 | | - | according to specifications that are furnished by a consumer prior to mixing. 16 |
---|
61 | | - | (d) The plant nutrient content of each and every brand and grade of commercial fertilizer 17 |
---|
62 | | - | must remain uniform for the period of registration. 18 |
---|
63 | | - | (e) The director may require that the registration and fees required by this section be paid 19 |
---|
64 | | - | electronically. 20 |
---|
65 | | - | (f) In addition to the registration fees, the director may charge a processing fee. The 21 |
---|
66 | | - | department shall set the amount of such fees through rules and regulations, with processing fees 22 |
---|
67 | | - | not to exceed five percent (5%) of the registration surcharge per application. 23 |
---|
68 | | - | 2-7-6. Tonnage reports, tonnage fees. 24 |
---|
69 | | - | (a) There shall be paid to the department of environmental management for all commercial 25 |
---|
70 | | - | fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided, 26 |
---|
71 | | - | that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar 27 |
---|
72 | | - | ($1.00) are waived. All registration and tonnage fees received by the director under the provisions 28 |
---|
73 | | - | of this chapter shall be deposited into the general fund as general revenue. 29 |
---|
74 | | - | (b) Every person who distributes a commercial fertilizer in this state shall file with the 30 |
---|
75 | | - | director, on forms furnished by the director, an annual tonnage report, under oath, for the twelve 31 |
---|
76 | | - | (12) month period ending June 30th. The report shall set forth the net tons of each grade of 32 |
---|
77 | | - | commercial fertilizer distributed in this state during the twelve (12) month period. 33 |
---|
78 | | - | (c) The tonnage report and tonnage fee are due on or before July 15th following the close 34 |
---|
| 44 | + | LC001157 - Page 2 of 12 |
---|
| 45 | + | or by that person whose name appears upon the label before being distributed in this state. The 1 |
---|
| 46 | + | application for registration shall be submitted to the director on a form furnished by the director, 2 |
---|
| 47 | + | and shall be accompanied by a fee of one hundred dollars ($100) per brand or grade registered. 3 |
---|
| 48 | + | (1) All revenues received from registration fees shall be deposited as general revenues. 4 |
---|
| 49 | + | (2) All applications for registration shall be accompanied by a label or true copy of the 5 |
---|
| 50 | + | label. 6 |
---|
| 51 | + | (3) Upon approval by the director, a copy of the registration shall be furnished to the 7 |
---|
| 52 | + | applicant. 8 |
---|
| 53 | + | (4) All registrations expire on December 31 of each year. 9 |
---|
| 54 | + | (5) The application shall include the following information: 10 |
---|
| 55 | + | (i) The brand and grade; 11 |
---|
| 56 | + | (ii) The guaranteed analysis; and 12 |
---|
| 57 | + | (iii) The name and address of the registrant. 13 |
---|
| 58 | + | (b) A distributor is not required to register any commercial fertilizer that is already 14 |
---|
| 59 | + | registered under this chapter by another person, providing the label does not differ in any respect. 15 |
---|
| 60 | + | (c) A distributor is not required to register each grade of commercial fertilizer formulated 16 |
---|
| 61 | + | according to specifications that are furnished by a consumer prior to mixing. 17 |
---|
| 62 | + | (d) The plant nutrient content of each and every brand and grade of commercial fertilizer 18 |
---|
| 63 | + | must remain uniform for the period of registration. 19 |
---|
| 64 | + | (e) The director may require that the registration and fees required by this section be paid 20 |
---|
| 65 | + | electronically. 21 |
---|
| 66 | + | (f) In addition to the registration fees, the director may charge a processing fee. The 22 |
---|
| 67 | + | department shall set the amount of such fees through rules and regulations, with processing fees 23 |
---|
| 68 | + | not to exceed five percent (5%) of the registration surcharge per application. 24 |
---|
| 69 | + | 2-7-6. Tonnage reports, tonnage fees. 25 |
---|
| 70 | + | (a) There shall be paid to the department of environmental management for all commercial 26 |
---|
| 71 | + | fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided, 27 |
---|
| 72 | + | that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar 28 |
---|
| 73 | + | ($1.00) are waived. All registration and tonnage fees received by the director under the provisions 29 |
---|
| 74 | + | of this chapter shall be deposited into the general fund as general revenue. 30 |
---|
| 75 | + | (b) Every person who distributes a commercial fertilizer in this state shall file with the 31 |
---|
| 76 | + | director, on forms furnished by the director, an annual tonnage report, under oath, for the twelve 32 |
---|
| 77 | + | (12) month period ending June 30th. The report shall set forth the net tons of each grade of 33 |
---|
| 78 | + | commercial fertilizer distributed in this state during the twelve (12) month period. 34 |
---|
81 | | - | LC001157/SUB A - Page 3 of 12 |
---|
82 | | - | of the annual period. The tonnage fee is at the rate stated in subsection (a). 1 |
---|
83 | | - | (d) If the tonnage report is not filed and/or the tonnage fee not made on or before August 2 |
---|
84 | | - | 1st, following the close of the annual period, a collection fee amounting to ten percent (10%) (ten 3 |
---|
85 | | - | dollars ($10.00) minimum) of the amount shall be assessed against the registrant, and the amount 4 |
---|
86 | | - | of fees due shall constitute a debt and become the basis of a judgment against the registrant. The 5 |
---|
87 | | - | director, however, in his or her discretion, may grant a reasonable extension of time. No information 6 |
---|
88 | | - | furnished the director under this section shall be disclosed in a way as to divulge the operation of 7 |
---|
89 | | - | any person. 8 |
---|
90 | | - | (e) When more than one person is involved in the distribution of a commercial fertilizer, 9 |
---|
91 | | - | the last person who has the fertilizer registered and who distributes to a non-registrant (dealer or 10 |
---|
92 | | - | consumer) is responsible for reporting and paying the tonnage fee, unless the report and payment 11 |
---|
93 | | - | is made by a prior distributor of a fertilizer. 12 |
---|
94 | | - | (f) All moneys for the commercial fertilizer program shall be made available to the director 13 |
---|
95 | | - | for the following purposes: 14 |
---|
96 | | - | (1) To support the feed and fertilizer testing laboratory for the testing and analysis of 15 |
---|
97 | | - | commercial fertilizers distributed within this state for the expressed purpose of detection of 16 |
---|
98 | | - | deficiency; and 17 |
---|
99 | | - | (2) For payment of ancillary services, personnel and equipment incurred in order to carry 18 |
---|
100 | | - | out the purposes of quality assurance defined by this chapter. 19 |
---|
101 | | - | (g) The director may require that all reports and fees required by this section be submitted 20 |
---|
102 | | - | electronically. 21 |
---|
103 | | - | (h) In addition to the tonnage fees, the director may charge a processing fee. The 22 |
---|
104 | | - | department shall set the amount of such fees through rules and regulations, with processing fees 23 |
---|
105 | | - | not to exceed five percent (5%) of the registration fee per report. 24 |
---|
106 | | - | SECTION 3. Sections 2-21-6 and 2-21-7 of the General Laws in Chapter 2-21 entitled 25 |
---|
107 | | - | "Agricultural Liming Materials" are hereby amended to read as follows: 26 |
---|
108 | | - | 2-21-6. Registration. 27 |
---|
109 | | - | (a) Each separately identified product shall be registered before being distributed in this 28 |
---|
110 | | - | state. The application for registration shall be submitted to the director on forms furnished by the 29 |
---|
111 | | - | director and shall be accompanied by a fee of twenty dollars ($20.00) per product. Upon approval 30 |
---|
112 | | - | by the director, a copy of the registration shall be furnished to the applicant. All registrations expire 31 |
---|
113 | | - | on December 31st of each year. 32 |
---|
114 | | - | (b) A distributor is not required to register any brand of agricultural liming material which 33 |
---|
115 | | - | is already registered under this chapter by another person, providing the label does not differ in any 34 |
---|
| 81 | + | LC001157 - Page 3 of 12 |
---|
| 82 | + | (c) The tonnage report and tonnage fee are due on or before July 15th following the close 1 |
---|
| 83 | + | of the annual period. The tonnage fee is at the rate stated in subsection (a). 2 |
---|
| 84 | + | (d) If the tonnage report is not filed and/or the tonnage fee not made on or before August 3 |
---|
| 85 | + | 1st, following the close of the annual period, a collection fee amounting to ten percent (10%) (ten 4 |
---|
| 86 | + | dollars ($10.00) minimum) of the amount shall be assessed against the registrant, and the amount 5 |
---|
| 87 | + | of fees due shall constitute a debt and become the basis of a judgment against the registrant. The 6 |
---|
| 88 | + | director, however, in his or her discretion, may grant a reasonable extension of time. No information 7 |
---|
| 89 | + | furnished the director under this section shall be disclosed in a way as to divulge the operation of 8 |
---|
| 90 | + | any person. 9 |
---|
| 91 | + | (e) When more than one person is involved in the distribution of a commercial fertilizer, 10 |
---|
| 92 | + | the last person who has the fertilizer registered and who distributes to a non-registrant (dealer or 11 |
---|
| 93 | + | consumer) is responsible for reporting and paying the tonnage fee, unless the report and payment 12 |
---|
| 94 | + | is made by a prior distributor of a fertilizer. 13 |
---|
| 95 | + | (f) All moneys for the commercial fertilizer program shall be made available to the director 14 |
---|
| 96 | + | for the following purposes: 15 |
---|
| 97 | + | (1) To support the feed and fertilizer testing laboratory for the testing and analysis of 16 |
---|
| 98 | + | commercial fertilizers distributed within this state for the expressed purpose of detection of 17 |
---|
| 99 | + | deficiency; and 18 |
---|
| 100 | + | (2) For payment of ancillary services, personnel and equipment incurred in order to carry 19 |
---|
| 101 | + | out the purposes of quality assurance defined by this chapter. 20 |
---|
| 102 | + | (g) The director may require that all reports and fees required by this section be submitted 21 |
---|
| 103 | + | electronically. 22 |
---|
| 104 | + | (h) In addition to the tonnage fees, the director may charge a processing fee. The 23 |
---|
| 105 | + | department shall set the amount of such fees through rules and regulations, with processing fees 24 |
---|
| 106 | + | not to exceed five percent (5%) of the registration fee per report. 25 |
---|
| 107 | + | SECTION 3. Sections 2-21-6 and 2-21-7 of the General Laws in Chapter 2-21 entitled 26 |
---|
| 108 | + | "Agricultural Liming Materials" are hereby amended to read as follows: 27 |
---|
| 109 | + | 2-21-6. Registration. 28 |
---|
| 110 | + | (a) Each separately identified product shall be registered before being distributed in this 29 |
---|
| 111 | + | state. The application for registration shall be submitted to the director on forms furnished by the 30 |
---|
| 112 | + | director and shall be accompanied by a fee of twenty dollars ($20.00) per product. Upon approval 31 |
---|
| 113 | + | by the director, a copy of the registration shall be furnished to the applicant. All registrations expire 32 |
---|
| 114 | + | on December 31st of each year. 33 |
---|
| 115 | + | (b) A distributor is not required to register any brand of agricultural liming material which 34 |
---|
118 | | - | LC001157/SUB A - Page 4 of 12 |
---|
119 | | - | respect. 1 |
---|
120 | | - | (c) The director may require that the registration and fees required by this section be paid 2 |
---|
121 | | - | electronically. 3 |
---|
122 | | - | (d) In addition to the registration fees, the director may charge a processing fee. The 4 |
---|
123 | | - | department shall set the amount of such fees through rules and regulations, with processing fees 5 |
---|
124 | | - | not to exceed five percent (5%) of the registration surcharge per application. 6 |
---|
125 | | - | 2-21-7. Reporting of tonnage. 7 |
---|
126 | | - | (a) Within thirty (30) days following the expiration of registration, each registrant shall 8 |
---|
127 | | - | submit on forms furnished by the director an annual statement under oath for the twelve (12) month 9 |
---|
128 | | - | period ending the calendar year, setting forth the number of net tons of each agricultural liming 10 |
---|
129 | | - | material sold by him for use in the state during that calendar year. No tonnage fee is required on 11 |
---|
130 | | - | agricultural liming materials being offered for sale in this state. 12 |
---|
131 | | - | (b) The director shall publish and distribute annually, to each agricultural liming material 13 |
---|
132 | | - | registrant or other interested persons a composite report showing the tons of agricultural liming 14 |
---|
133 | | - | material sold in the state. This report shall in no way divulge the operation of any registrant. 15 |
---|
134 | | - | (c) The director may require that the report required by this section be submitted 16 |
---|
135 | | - | electronically. 17 |
---|
136 | | - | SECTION 4. Section 2-22-5 of the General Laws in Chapter 2-22 entitled "Soil 18 |
---|
137 | | - | Amendments" is hereby amended to read as follows: 19 |
---|
138 | | - | 2-22-5. Registration — Tonnage report and fee. 20 |
---|
139 | | - | (a) Each separately identified product shall be registered before being distributed in this 21 |
---|
140 | | - | state. The application for registration shall be submitted to the director of environmental 22 |
---|
141 | | - | management on forms furnished or approved by the director and be accompanied by a fee of fifty 23 |
---|
142 | | - | dollars ($50.00) per product. Upon approval by the director, a certified copy of the registration shall 24 |
---|
143 | | - | be furnished to the applicant. All registrations expire on December 31st of each year. Each 25 |
---|
144 | | - | manufacturer shall submit to the director a copy of labels and advertising literature with the 26 |
---|
145 | | - | registration request for each soil amendment. 27 |
---|
146 | | - | (b) A distributor is not required to register any brand of soil amendment which is already 28 |
---|
147 | | - | registered under this chapter by another person, providing that the label does not differ in any 29 |
---|
148 | | - | respect. 30 |
---|
149 | | - | (c) Before registering any soil amendment, the director may require evidence to 31 |
---|
150 | | - | substantiate the claims made for the soil amendment and proof of the value and usefulness of the 32 |
---|
151 | | - | soil amendment and of any process step during composting deemed essential to the safety of the 33 |
---|
152 | | - | soil amendment as provided in subsections (c) and (d) of § 2-22-4. 34 |
---|
| 118 | + | LC001157 - Page 4 of 12 |
---|
| 119 | + | is already registered under this chapter by another person, providing the label does not differ in any 1 |
---|
| 120 | + | respect. 2 |
---|
| 121 | + | (c) The director may require that the registration and fees required by this section be paid 3 |
---|
| 122 | + | electronically. 4 |
---|
| 123 | + | (d) In addition to the registration fees, the director may charge a processing fee. The 5 |
---|
| 124 | + | department shall set the amount of such fees through rules and regulations, with processing fees 6 |
---|
| 125 | + | not to exceed five percent (5%) of the registration surcharge per application. 7 |
---|
| 126 | + | 2-21-7. Reporting of tonnage. 8 |
---|
| 127 | + | (a) Within thirty (30) days following the expiration of registration, each registrant shall 9 |
---|
| 128 | + | submit on forms furnished by the director an annual statement under oath for the twelve (12) month 10 |
---|
| 129 | + | period ending the calendar year, setting forth the number of net tons of each agricultural liming 11 |
---|
| 130 | + | material sold by him for use in the state during that calendar year. No tonnage fee is required on 12 |
---|
| 131 | + | agricultural liming materials being offered for sale in this state. 13 |
---|
| 132 | + | (b) The director shall publish and distribute annually, to each agricultural liming material 14 |
---|
| 133 | + | registrant or other interested persons a composite report showing the tons of agricultural liming 15 |
---|
| 134 | + | material sold in the state. This report shall in no way divulge the operation of any registrant. 16 |
---|
| 135 | + | (c) The director may require that the report required by this section be submitted 17 |
---|
| 136 | + | electronically. 18 |
---|
| 137 | + | SECTION 4. Section 2-22-5 of the General Laws in Chapter 2-22 entitled "Soil 19 |
---|
| 138 | + | Amendments" is hereby amended to read as follows: 20 |
---|
| 139 | + | 2-22-5. Registration — Tonnage report and fee. 21 |
---|
| 140 | + | (a) Each separately identified product shall be registered before being distributed in this 22 |
---|
| 141 | + | state. The application for registration shall be submitted to the director of environmental 23 |
---|
| 142 | + | management on forms furnished or approved by the director and be accompanied by a fee of fifty 24 |
---|
| 143 | + | dollars ($50.00) per product. Upon approval by the director, a certified copy of the registration shall 25 |
---|
| 144 | + | be furnished to the applicant. All registrations expire on December 31st of each year. Each 26 |
---|
| 145 | + | manufacturer shall submit to the director a copy of labels and advertising literature with the 27 |
---|
| 146 | + | registration request for each soil amendment. 28 |
---|
| 147 | + | (b) A distributor is not required to register any brand of soil amendment which is already 29 |
---|
| 148 | + | registered under this chapter by another person, providing that the label does not differ in any 30 |
---|
| 149 | + | respect. 31 |
---|
| 150 | + | (c) Before registering any soil amendment, the director may require evidence to 32 |
---|
| 151 | + | substantiate the claims made for the soil amendment and proof of the value and usefulness of the 33 |
---|
| 152 | + | soil amendment and of any process step during composting deemed essential to the safety of the 34 |
---|
155 | | - | LC001157/SUB A - Page 5 of 12 |
---|
156 | | - | (d) The director may by regulation set the minimum amount of a soil amending ingredient 1 |
---|
157 | | - | and soil amending ingredients that must be present before a soil amendment can be registered and 2 |
---|
158 | | - | sold. 3 |
---|
159 | | - | (e) The director may through promulgation of regulations require a tonnage fee and/or 4 |
---|
160 | | - | tonnage report annually. If required, the tonnage fee and tonnage report may be made on a 5 |
---|
161 | | - | calculated equivalent of volume to tons on brands labeled by volume rather than weight. 6 |
---|
162 | | - | (f) The composter is required to register the operation with the director and shall identify 7 |
---|
163 | | - | their organic and any inorganic inputs and processes used in the making of their compost. The 8 |
---|
164 | | - | director shall set forth rules and regulations delineating the organic inputs allowed under the 9 |
---|
165 | | - | following compost designations and shall collect the appropriate registration fee for the compost 10 |
---|
166 | | - | operation. Compost classes are: 11 |
---|
167 | | - | (1) Horticultural grade, general use, one hundred fifty dollars ($150) per year; 12 |
---|
168 | | - | (2) Horticultural grade, mixed source general use, three hundred dollars ($300) per year; 13 |
---|
169 | | - | (3) Non-food crop use, one thousand dollars ($1,000) per year; and 14 |
---|
170 | | - | (4) Limited landscape use, two thousand five hundred dollars ($2,500) per year. 15 |
---|
171 | | - | (g) The director may require that all fees and registrations required by this section be 16 |
---|
172 | | - | submitted electronically. 17 |
---|
173 | | - | (h) In addition to the registration fees, the director may charge a processing fee. The 18 |
---|
174 | | - | department shall set the amount of such fees through rules and regulations, with processing fees 19 |
---|
175 | | - | not to exceed five percent (5%) of the registration surcharge per application. 20 |
---|
176 | | - | SECTION 5. Section 4-7-16 of the General Laws in Chapter 4-7 entitled "Livestock 21 |
---|
177 | | - | Dealers" is hereby amended to read as follows: 22 |
---|
178 | | - | 4-7-16. License plate fees License fees. 23 |
---|
179 | | - | The fee for the first license issued to any one individual or corporation in accordance with 24 |
---|
180 | | - | this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The fee 25 |
---|
181 | | - | for each additional license and set of number plates is twenty-five dollars ($25.00). 26 |
---|
182 | | - | SECTION 6. Section 4-11-2 of the General Laws in Chapter 4-11 entitled "Psittacine 27 |
---|
183 | | - | Birds" is hereby amended to read as follows: 28 |
---|
184 | | - | 4-11-2. Importation permits. 29 |
---|
185 | | - | (a) No psittacine birds shall be shipped into Rhode Island unless a permit is obtained from 30 |
---|
186 | | - | the director of environmental management prior to shipment certificate of veterinary inspection 31 |
---|
187 | | - | accompanies the shipment of birds. The certificate of veterinary inspection must be compliant with 32 |
---|
188 | | - | rules and regulations governing the importation of domestic animals (250-RICR-40-05-1). 33 |
---|
189 | | - | (b) Permits shall be issued only if a request for one is accompanied by a certificate issued 34 |
---|
| 155 | + | LC001157 - Page 5 of 12 |
---|
| 156 | + | soil amendment as provided in subsections (c) and (d) of § 2-22-4. 1 |
---|
| 157 | + | (d) The director may by regulation set the minimum amount of a soil amending ingredient 2 |
---|
| 158 | + | and soil amending ingredients that must be present before a soil amendment can be registered and 3 |
---|
| 159 | + | sold. 4 |
---|
| 160 | + | (e) The director may through promulgation of regulations require a tonnage fee and/or 5 |
---|
| 161 | + | tonnage report annually. If required, the tonnage fee and tonnage report may be made on a 6 |
---|
| 162 | + | calculated equivalent of volume to tons on brands labeled by volume rather than weight. 7 |
---|
| 163 | + | (f) The composter is required to register the operation with the director and shall identify 8 |
---|
| 164 | + | their organic and any inorganic inputs and processes used in the making of their compost. The 9 |
---|
| 165 | + | director shall set forth rules and regulations delineating the organic inputs allowed under the 10 |
---|
| 166 | + | following compost designations and shall collect the appropriate registration fee for the compost 11 |
---|
| 167 | + | operation. Compost classes are: 12 |
---|
| 168 | + | (1) Horticultural grade, general use, one hundred fifty dollars ($150) per year; 13 |
---|
| 169 | + | (2) Horticultural grade, mixed source general use, three hundred dollars ($300) per year; 14 |
---|
| 170 | + | (3) Non-food crop use, one thousand dollars ($1,000) per year; and 15 |
---|
| 171 | + | (4) Limited landscape use, two thousand five hundred dollars ($2,500) per year. 16 |
---|
| 172 | + | (g) The director may require that all fees and registrations required by this section be 17 |
---|
| 173 | + | submitted electronically. 18 |
---|
| 174 | + | (h) In addition to the registration fees, the director may charge a processing fee. The 19 |
---|
| 175 | + | department shall set the amount of such fees through rules and regulations, with processing fees 20 |
---|
| 176 | + | not to exceed five percent (5%) of the registration surcharge per application. 21 |
---|
| 177 | + | SECTION 5. Section 4-7-16 of the General Laws in Chapter 4-7 entitled "Livestock 22 |
---|
| 178 | + | Dealers" is hereby amended to read as follows: 23 |
---|
| 179 | + | 4-7-16. License plate fees License fees. 24 |
---|
| 180 | + | The fee for the first license issued to any one individual or corporation in accordance with 25 |
---|
| 181 | + | this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The fee 26 |
---|
| 182 | + | for each additional license and set of number plates is twenty-five dollars ($25.00). 27 |
---|
| 183 | + | SECTION 6. Section 4-11-2 of the General Laws in Chapter 4-11 entitled "Psittacine 28 |
---|
| 184 | + | Birds" is hereby amended to read as follows: 29 |
---|
| 185 | + | 4-11-2. Importation permits. 30 |
---|
| 186 | + | (a) No psittacine birds shall be shipped into Rhode Island unless a permit is obtained from 31 |
---|
| 187 | + | the director of environmental management prior to shipment certificate of veterinary inspection 32 |
---|
| 188 | + | accompanies the shipment of birds. The certificate of veterinary inspection must be compliant with 33 |
---|
| 189 | + | rules and regulations governing the importation of domestic animals (250-RICR-40-05-1). 34 |
---|
192 | | - | LC001157/SUB A - Page 6 of 12 |
---|
193 | | - | by a graduate, licensed veterinarian certifying that all birds on the premises from which the 1 |
---|
194 | | - | shipment originates are free from any symptoms of any infectious, contagious or communicable 2 |
---|
195 | | - | disease. 3 |
---|
196 | | - | (c) Requests for permits to import psittacine birds must contain the number and kind of 4 |
---|
197 | | - | bird to be imported, origin and date of shipment, and destination of shipment. 5 |
---|
198 | | - | SECTION 7. Sections 4-12-2 and 4-12-8 of the General Laws in Chapter 4-12 entitled 6 |
---|
199 | | - | "Apiculture" are hereby amended to read as follows: 7 |
---|
200 | | - | 4-12-2. Definitions. 8 |
---|
201 | | - | As used in §§ 4-12-2 — 4-12-17 unless the context clearly requires otherwise, the 9 |
---|
202 | | - | following terms mean: 10 |
---|
203 | | - | (1) “Abandoned colony or apiary” means any colony or apiary which is not currently 11 |
---|
204 | | - | registered and has not been registered within the preceding two (2) years and/or which the inspector 12 |
---|
205 | | - | is unable to locate the owner and is unable to inspect due to conditions within the colony which 13 |
---|
206 | | - | render the colony or apiary uninspectable. 14 |
---|
207 | | - | (2) “Apiary” means any place or location where one or more colonies or nuclei of bees are 15 |
---|
208 | | - | kept. 16 |
---|
209 | | - | (3) “Authorized official” means the state official authorized to inspect apiaries in the state 17 |
---|
210 | | - | of origin of bees being transported into or through the state. 18 |
---|
211 | | - | (4) “Beekeeper” means any individual, person, firm, association or corporation owning, 19 |
---|
212 | | - | possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or 20 |
---|
213 | | - | byproducts, or for the pollination of crops for either personal or commercial use. 21 |
---|
214 | | - | (5) “Beekeeping equipment” means all hives, hive bodies, supers, frames, combs, bottom 22 |
---|
215 | | - | boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices 23 |
---|
216 | | - | or boxes or other containers which may have been used in the capturing or holding of swarms, and 24 |
---|
217 | | - | including honey which may be or may have been used in or on any hive, colony, nuclei or used in 25 |
---|
218 | | - | the rearing or manipulation of bees or their brood. 26 |
---|
219 | | - | (6) “Bees” means any stage of the common honey bee, apis mellifera, or other bees kept 27 |
---|
220 | | - | for the production of honey, wax or pollination. 28 |
---|
221 | | - | (7) “Colony” means the bees inhabiting a single hive, nuclei box or dwelling place. 29 |
---|
222 | | - | (8) “Director” means the director of the Rhode Island department of environmental 30 |
---|
223 | | - | management. 31 |
---|
224 | | - | (9) “Disease” means American foulbrood and any other infectious, contagious or 32 |
---|
225 | | - | communicable disease affecting bees or their brood. 33 |
---|
226 | | - | (10) “Eradicate” means the destruction and/or disinfection of infected and/or infested bees, 34 |
---|
| 192 | + | LC001157 - Page 6 of 12 |
---|
| 193 | + | (b) Permits shall be issued only if a request for one is accompanied by a certificate issued 1 |
---|
| 194 | + | by a graduate, licensed veterinarian certifying that all birds on the premises from which the 2 |
---|
| 195 | + | shipment originates are free from any symptoms of any infectious, contagious or communicable 3 |
---|
| 196 | + | disease. 4 |
---|
| 197 | + | (c) Requests for permits to import psittacine birds must contain the number and kind of 5 |
---|
| 198 | + | bird to be imported, origin and date of shipment, and destination of shipment. 6 |
---|
| 199 | + | SECTION 7. Sections 4-12-2 and 4-12-8 of the General Laws in Chapter 4-12 entitled 7 |
---|
| 200 | + | "Apiculture" are hereby amended to read as follows: 8 |
---|
| 201 | + | 4-12-2. Definitions. 9 |
---|
| 202 | + | As used in §§ 4-12-2 — 4-12-17 unless the context clearly requires otherwise, the 10 |
---|
| 203 | + | following terms mean: 11 |
---|
| 204 | + | (1) “Abandoned colony or apiary” means any colony or apiary which is not currently 12 |
---|
| 205 | + | registered and has not been registered within the preceding two (2) years and/or which the inspector 13 |
---|
| 206 | + | is unable to locate the owner and is unable to inspect due to conditions within the colony which 14 |
---|
| 207 | + | render the colony or apiary uninspectable. 15 |
---|
| 208 | + | (2) “Apiary” means any place or location where one or more colonies or nuclei of bees are 16 |
---|
| 209 | + | kept. 17 |
---|
| 210 | + | (3) “Authorized official” means the state official authorized to inspect apiaries in the state 18 |
---|
| 211 | + | of origin of bees being transported into or through the state. 19 |
---|
| 212 | + | (4) “Beekeeper” means any individual, person, firm, association or corporation owning, 20 |
---|
| 213 | + | possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or 21 |
---|
| 214 | + | byproducts, or for the pollination of crops for either personal or commercial use. 22 |
---|
| 215 | + | (5) “Beekeeping equipment” means all hives, hive bodies, supers, frames, combs, bottom 23 |
---|
| 216 | + | boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices 24 |
---|
| 217 | + | or boxes or other containers which may have been used in the capturing or holding of swarms, and 25 |
---|
| 218 | + | including honey which may be or may have been used in or on any hive, colony, nuclei or used in 26 |
---|
| 219 | + | the rearing or manipulation of bees or their brood. 27 |
---|
| 220 | + | (6) “Bees” means any stage of the common honey bee, apis mellifera, or other bees kept 28 |
---|
| 221 | + | for the production of honey, wax or pollination. 29 |
---|
| 222 | + | (7) “Colony” means the bees inhabiting a single hive, nuclei box or dwelling place. 30 |
---|
| 223 | + | (8) “Director” means the director of the Rhode Island department of environmental 31 |
---|
| 224 | + | management. 32 |
---|
| 225 | + | (9) “Disease” means American foulbrood and any other infectious, contagious or 33 |
---|
| 226 | + | communicable disease affecting bees or their brood. 34 |
---|
229 | | - | LC001157/SUB A - Page 7 of 12 |
---|
230 | | - | equipment and/or pests by burning or by treatment approved by the state inspector. 1 |
---|
231 | | - | (11) “Feral colony” means an unowned or unmanaged colony of bees existing naturally. 2 |
---|
232 | | - | (12) “Hive” means any man-made domicile with removable frames for keeping bees. 3 |
---|
233 | | - | (13) “Inspector” means a person appointed by the director to check for diseased conditions 4 |
---|
234 | | - | or pest infestations in one or more apiaries as authorized by law. 5 |
---|
235 | | - | (14) “Pests” means the honey bee tracheal mite, Acarapis woodi; and the Varroa mite, 6 |
---|
236 | | - | Varroa jacobsoni, and any other arthropod pests detrimental to honey bees; and genetic strains of 7 |
---|
237 | | - | the Africanized sub species, Apis mellifera adansoni and/or Apis mellifera scutellata. 8 |
---|
238 | | - | (15) “Swarms” means a natural division of a colony in the process of becoming a feral 9 |
---|
239 | | - | colony. 10 |
---|
240 | | - | 4-12-8. Movement permit required — When — Form — Issuance — Fee — Verbal 11 |
---|
241 | | - | authorization. 12 |
---|
242 | | - | (a) It is unlawful to move, carry, transport, or ship bees, bees on comb, combs or used 13 |
---|
243 | | - | beekeeping equipment into the state unless accompanied by a valid permit issued by the director of 14 |
---|
244 | | - | environmental management. Applications for a permit to transport bees or used beekeeping 15 |
---|
245 | | - | equipment into the state shall be submitted on a form approved by the director. This application 16 |
---|
246 | | - | form shall be accompanied by a certificate of health issued by the authorized official of the state 17 |
---|
247 | | - | from which the bees are to be moved, certifying that the bees and used beekeeping equipment have 18 |
---|
248 | | - | been inspected by an authorized official during a period of active brood rearing, within fifteen (15) 19 |
---|
249 | | - | days prior to the proposed date of movement, and that these bees and used beekeeping equipment 20 |
---|
250 | | - | were found apparently free from any diseases or pests. Each application shall disclose the number 21 |
---|
251 | | - | of colonies of bees to be transported and a description of the location or locations where the bees 22 |
---|
252 | | - | are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping 23 |
---|
253 | | - | equipment into the state, accompanied by a proper certificate of health and application fee of fifty 24 |
---|
254 | | - | dollars ($50.00) per application, the director shall issue the desired permit. This shall not apply to 25 |
---|
255 | | - | honey bees from quarantined areas outside the state. These quarantines shall include all federal, 26 |
---|
256 | | - | state or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall 27 |
---|
257 | | - | be in accordance with regulations made pursuant to this law. 28 |
---|
258 | | - | (b) Regardless of the provisions in subsection (a) of this section, the director has the 29 |
---|
259 | | - | authority to issue a permit without inspection to the person or persons owning these bees and 30 |
---|
260 | | - | equipment providing these bees and beekeeping equipment were certified and moved from the state 31 |
---|
261 | | - | within fifteen (15) days prior to the desired date of reentry and if the director is satisfied these bees 32 |
---|
262 | | - | and equipment have not been exposed to diseased bees, pests, or equipment. This section shall not 33 |
---|
263 | | - | apply to bees or beekeeping equipment returning from quarantined areas. 34 |
---|
| 229 | + | LC001157 - Page 7 of 12 |
---|
| 230 | + | (10) “Eradicate” means the destruction and/or disinfection of infected and/or infested bees, 1 |
---|
| 231 | + | equipment and/or pests by burning or by treatment approved by the state inspector. 2 |
---|
| 232 | + | (11) “Feral colony” means an unowned or unmanaged colony of bees existing naturally. 3 |
---|
| 233 | + | (12) “Hive” means any man-made domicile with removable frames for keeping bees. 4 |
---|
| 234 | + | (13) “Inspector” means a person appointed by the director to check for diseased conditions 5 |
---|
| 235 | + | or pest infestations in one or more apiaries as authorized by law. 6 |
---|
| 236 | + | (14) “Pests” means the honey bee tracheal mite, Acarapis woodi; and the Varroa mite, 7 |
---|
| 237 | + | Varroa jacobsoni, and any other arthropod pests detrimental to honey bees; and genetic strains of 8 |
---|
| 238 | + | the Africanized sub species, Apis mellifera adansoni and/or Apis mellifera scutellata. 9 |
---|
| 239 | + | (15) “Swarms” means a natural division of a colony in the process of becoming a feral 10 |
---|
| 240 | + | colony. 11 |
---|
| 241 | + | 4-12-8. Movement permit required — When — Form — Issuance — Fee — Verbal 12 |
---|
| 242 | + | authorization. 13 |
---|
| 243 | + | (a) It is unlawful to move, carry, transport, or ship bees, bees on comb, combs or used 14 |
---|
| 244 | + | beekeeping equipment into the state unless accompanied by a valid permit issued by the director of 15 |
---|
| 245 | + | environmental management. Applications for a permit to transport bees or used beekeeping 16 |
---|
| 246 | + | equipment into the state shall be submitted on a form approved by the director. This application 17 |
---|
| 247 | + | form shall be accompanied by a certificate of health issued by the authorized official of the state 18 |
---|
| 248 | + | from which the bees are to be moved, certifying that the bees and used beekeeping equipment have 19 |
---|
| 249 | + | been inspected by an authorized official during a period of active brood rearing, within fifteen (15) 20 |
---|
| 250 | + | days prior to the proposed date of movement, and that these bees and used beekeeping equipment 21 |
---|
| 251 | + | were found apparently free from any diseases or pests. Each application shall disclose the number 22 |
---|
| 252 | + | of colonies of bees to be transported and a description of the location or locations where the bees 23 |
---|
| 253 | + | are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping 24 |
---|
| 254 | + | equipment into the state, accompanied by a proper certificate of health and application fee of fifty 25 |
---|
| 255 | + | dollars ($50.00) per application, the director shall issue the desired permit. This shall not apply to 26 |
---|
| 256 | + | honey bees from quarantined areas outside the state. These quarantines shall include all federal, 27 |
---|
| 257 | + | state or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall 28 |
---|
| 258 | + | be in accordance with regulations made pursuant to this law. 29 |
---|
| 259 | + | (b) Regardless of the provisions in subsection (a) of this section, the director has the 30 |
---|
| 260 | + | authority to issue a permit without inspection to the person or persons owning these bees and 31 |
---|
| 261 | + | equipment providing these bees and beekeeping equipment were certified and moved from the state 32 |
---|
| 262 | + | within fifteen (15) days prior to the desired date of reentry and if the director is satisfied these bees 33 |
---|
| 263 | + | and equipment have not been exposed to diseased bees, pests, or equipment. This section shall not 34 |
---|
266 | | - | LC001157/SUB A - Page 8 of 12 |
---|
267 | | - | (c) A verbal authorization may be allowed by the director if the written permit outlined 1 |
---|
268 | | - | above has been submitted and received in a timely manner but has not been returned by the time 2 |
---|
269 | | - | the bees are to be moved. 3 |
---|
270 | | - | (d) Combless packages of bees or queens, or both, may be admitted into Rhode Island 4 |
---|
271 | | - | without a Rhode Island permit, when accompanied by a valid certificate of inspection from the state 5 |
---|
272 | | - | of origin stating that they are free of diseases and pests. This shall not apply to honey bees from 6 |
---|
273 | | - | quarantined areas outside the state. These quarantines shall include all federal, state or Rhode Island 7 |
---|
274 | | - | exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with 8 |
---|
275 | | - | regulations made pursuant to this law. 9 |
---|
276 | | - | SECTION 8. Sections 23-25-6 and 23-25-6.1 of the General Laws in Chapter 23-25 entitled 10 |
---|
277 | | - | "Pesticide Control" are hereby amended to read as follows: 11 |
---|
278 | | - | 23-25-6. Registration. 12 |
---|
279 | | - | (a) Every pesticide that is distributed in the state shall be registered with the director subject 13 |
---|
280 | | - | to the provisions of this chapter and shall be categorized for registration purposes. These categories 14 |
---|
281 | | - | shall be: “consumer protection and health benefits products,” which means all disinfectants, 15 |
---|
282 | | - | sanitizers, germicides, biocides and other pesticides labeled for use directly on humans or pets or 16 |
---|
283 | | - | in or around household premises, and “agricultural and other pesticides,” which means restricted-17 |
---|
284 | | - | use pesticides and other pesticides that are not consumer protection and health benefits products. 18 |
---|
285 | | - | That registration shall be renewed annually prior to January 31; provided, that registration is not 19 |
---|
286 | | - | required if a pesticide is shipped from one plant or warehouse to another plant or warehouse 20 |
---|
287 | | - | operated by the same person and used solely at the plant or warehouse as a constituent part to make 21 |
---|
288 | | - | a pesticide that is registered under the provisions of this chapter or if the pesticide is distributed 22 |
---|
289 | | - | under the provisions of an experimental use permit issued under § 23-25-7 or an experimental use 23 |
---|
290 | | - | permit issued by the EPA. 24 |
---|
291 | | - | (b) The applicant for registration shall file a statement with the director that shall include: 25 |
---|
292 | | - | (1) The name and address of the applicant and the name and address of the person whose 26 |
---|
293 | | - | name will appear on the label, other than the applicant’s; 27 |
---|
294 | | - | (2) The name of the pesticide; 28 |
---|
295 | | - | (3) Other necessary information required for completion of the department of 29 |
---|
296 | | - | environmental management’s application for registration form. The director may, upon receipt of 30 |
---|
297 | | - | an application, designate a pesticide product as a “statewide minor use” product. Such products 31 |
---|
298 | | - | will be those which, due to limited distribution within the state, do not, in the opinion of the director, 32 |
---|
299 | | - | warrant payment of the registration fee and surcharge required to register a product within Rhode 33 |
---|
300 | | - | Island. Upon designating a product as a “statewide minor use” the director shall register the product 34 |
---|
| 266 | + | LC001157 - Page 8 of 12 |
---|
| 267 | + | apply to bees or beekeeping equipment returning from quarantined areas. 1 |
---|
| 268 | + | (c) A verbal authorization may be allowed by the director if the written permit outlined 2 |
---|
| 269 | + | above has been submitted and received in a timely manner but has not been returned by the time 3 |
---|
| 270 | + | the bees are to be moved. 4 |
---|
| 271 | + | (d) Combless packages of bees or queens, or both, may be admitted into Rhode Island 5 |
---|
| 272 | + | without a Rhode Island permit, when accompanied by a valid certificate of inspection from the state 6 |
---|
| 273 | + | of origin stating that they are free of diseases and pests. This shall not apply to honey bees from 7 |
---|
| 274 | + | quarantined areas outside the state. These quarantines shall include all federal, state or Rhode Island 8 |
---|
| 275 | + | exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with 9 |
---|
| 276 | + | regulations made pursuant to this law. 10 |
---|
| 277 | + | SECTION 8. Sections 23-25-6 and 23-25-6.1 of the General Laws in Chapter 23-25 entitled 11 |
---|
| 278 | + | "Pesticide Control" are hereby amended to read as follows: 12 |
---|
| 279 | + | 23-25-6. Registration. 13 |
---|
| 280 | + | (a) Every pesticide that is distributed in the state shall be registered with the director subject 14 |
---|
| 281 | + | to the provisions of this chapter and shall be categorized for registration purposes. These categories 15 |
---|
| 282 | + | shall be: “consumer protection and health benefits products,” which means all disinfectants, 16 |
---|
| 283 | + | sanitizers, germicides, biocides and other pesticides labeled for use directly on humans or pets or 17 |
---|
| 284 | + | in or around household premises, and “agricultural and other pesticides,” which means restricted-18 |
---|
| 285 | + | use pesticides and other pesticides that are not consumer protection and health benefits products. 19 |
---|
| 286 | + | That registration shall be renewed annually prior to January 31; provided, that registration is not 20 |
---|
| 287 | + | required if a pesticide is shipped from one plant or warehouse to another plant or warehouse 21 |
---|
| 288 | + | operated by the same person and used solely at the plant or warehouse as a constituent part to make 22 |
---|
| 289 | + | a pesticide that is registered under the provisions of this chapter or if the pesticide is distributed 23 |
---|
| 290 | + | under the provisions of an experimental use permit issued under § 23-25-7 or an experimental use 24 |
---|
| 291 | + | permit issued by the EPA. 25 |
---|
| 292 | + | (b) The applicant for registration shall file a statement with the director that shall include: 26 |
---|
| 293 | + | (1) The name and address of the applicant and the name and address of the person whose 27 |
---|
| 294 | + | name will appear on the label, other than the applicant’s; 28 |
---|
| 295 | + | (2) The name of the pesticide; 29 |
---|
| 296 | + | (3) Other necessary information required for completion of the department of 30 |
---|
| 297 | + | environmental management’s application for registration form. The director may, upon receipt of 31 |
---|
| 298 | + | an application, designate a pesticide product as a “statewide minor use” product. Such products 32 |
---|
| 299 | + | will be those which, due to limited distribution within the state, do not, in the opinion of the director, 33 |
---|
| 300 | + | warrant payment of the registration fee and surcharge required to register a product within Rhode 34 |
---|
303 | | - | LC001157/SUB A - Page 9 of 12 |
---|
304 | | - | for sale or distribution while waiving both the registration fee and surcharge. The applicant wishing 1 |
---|
305 | | - | to have a product so designated shall submit a completed application containing the following 2 |
---|
306 | | - | information: 3 |
---|
307 | | - | (i) The product name; 4 |
---|
308 | | - | (ii) EPA registration number, if applicable; 5 |
---|
309 | | - | (iii) Description of pest to be controlled, and applicable sites; 6 |
---|
310 | | - | (iv) Documentation that the product is not registered due to limited market; and 7 |
---|
311 | | - | (v) Explanation as to why there are not effective, reasonable alternative products currently 8 |
---|
312 | | - | registered. 9 |
---|
313 | | - | (4) A complete copy of the labeling accompanying the pesticide and a statement of all 10 |
---|
314 | | - | claims to be made for it, including the directions for use and the use classification as provided for 11 |
---|
315 | | - | in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a et seq. 12 |
---|
316 | | - | (c) The director, when he or she deems it necessary in the administration of this chapter, 13 |
---|
317 | | - | may require the submission of the complete formula of any pesticide, including the active and inert 14 |
---|
318 | | - | ingredients. 15 |
---|
319 | | - | (d) The director may require a full description of the tests made and the results of the tests 16 |
---|
320 | | - | upon which the claims are based on any pesticide not registered pursuant to § 3 of FIFRA, 7 U.S.C. 17 |
---|
321 | | - | § 136a, or on any pesticide on which restrictions are being considered. In the case of renewal of 18 |
---|
322 | | - | registration, a statement shall be required only with respect to information that is different from 19 |
---|
323 | | - | that furnished when the pesticide was registered or last reregistered. 20 |
---|
324 | | - | (e) The director may prescribe other necessary information by regulation. 21 |
---|
325 | | - | (f) The applicant desiring to register a pesticide shall, unless the director has determined 22 |
---|
326 | | - | the subject product is a “statewide minor use” product pursuant to subsection (b)(3), pay an annual 23 |
---|
327 | | - | registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the 24 |
---|
328 | | - | applicant which shall be credited by the general treasurer to the pesticide relief fund. Annually, on 25 |
---|
329 | | - | November 1, the general treasurer shall notify the director of the amount of funds contained in the 26 |
---|
330 | | - | pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on 27 |
---|
331 | | - | that date, the annual registration fee for the next following year commencing December 1 shall be 28 |
---|
332 | | - | twenty-five dollars ($25.00), which shall become part of the general fund. All registrations shall 29 |
---|
333 | | - | expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for 30 |
---|
334 | | - | a special local need pursuant to this section that is disapproved by the administrator, EPA, shall 31 |
---|
335 | | - | expire on the effective date of the administrator’s disapproval. 32 |
---|
336 | | - | (g) Any registration approved by the director and in effect on the 31st day of January, for 33 |
---|
337 | | - | which a renewal application has been made and the proper fee paid, shall continue in full force and 34 |
---|
| 303 | + | LC001157 - Page 9 of 12 |
---|
| 304 | + | Island. Upon designating a product as a “statewide minor use” the director shall register the product 1 |
---|
| 305 | + | for sale or distribution while waiving both the registration fee and surcharge. The applicant wishing 2 |
---|
| 306 | + | to have a product so designated shall submit a completed application containing the following 3 |
---|
| 307 | + | information: 4 |
---|
| 308 | + | (i) The product name; 5 |
---|
| 309 | + | (ii) EPA registration number, if applicable; 6 |
---|
| 310 | + | (iii) Description of pest to be controlled, and applicable sites; 7 |
---|
| 311 | + | (iv) Documentation that the product is not registered due to limited market; and 8 |
---|
| 312 | + | (v) Explanation as to why there are not effective, reasonable alternative products currently 9 |
---|
| 313 | + | registered. 10 |
---|
| 314 | + | (4) A complete copy of the labeling accompanying the pesticide and a statement of all 11 |
---|
| 315 | + | claims to be made for it, including the directions for use and the use classification as provided for 12 |
---|
| 316 | + | in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a et seq. 13 |
---|
| 317 | + | (c) The director, when he or she deems it necessary in the administration of this chapter, 14 |
---|
| 318 | + | may require the submission of the complete formula of any pesticide, including the active and inert 15 |
---|
| 319 | + | ingredients. 16 |
---|
| 320 | + | (d) The director may require a full description of the tests made and the results of the tests 17 |
---|
| 321 | + | upon which the claims are based on any pesticide not registered pursuant to § 3 of FIFRA, 7 U.S.C. 18 |
---|
| 322 | + | § 136a, or on any pesticide on which restrictions are being considered. In the case of renewal of 19 |
---|
| 323 | + | registration, a statement shall be required only with respect to information that is different from 20 |
---|
| 324 | + | that furnished when the pesticide was registered or last reregistered. 21 |
---|
| 325 | + | (e) The director may prescribe other necessary information by regulation. 22 |
---|
| 326 | + | (f) The applicant desiring to register a pesticide shall, unless the director has determined 23 |
---|
| 327 | + | the subject product is a “statewide minor use” product pursuant to subsection (b)(3), pay an annual 24 |
---|
| 328 | + | registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the 25 |
---|
| 329 | + | applicant which shall be credited by the general treasurer to the pesticide relief fund. Annually, on 26 |
---|
| 330 | + | November 1, the general treasurer shall notify the director of the amount of funds contained in the 27 |
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| 331 | + | pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on 28 |
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| 332 | + | that date, the annual registration fee for the next following year commencing December 1 shall be 29 |
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| 333 | + | twenty-five dollars ($25.00), which shall become part of the general fund. All registrations shall 30 |
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| 334 | + | expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for 31 |
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| 335 | + | a special local need pursuant to this section that is disapproved by the administrator, EPA, shall 32 |
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| 336 | + | expire on the effective date of the administrator’s disapproval. 33 |
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| 337 | + | (g) Any registration approved by the director and in effect on the 31st day of January, for 34 |
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340 | | - | LC001157/SUB A - Page 10 of 12 |
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341 | | - | effect until any time that the director notifies the applicant that the registration has been renewed, 1 |
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342 | | - | or denied, in accord with the provisions of § 23-25-8. Forms for re-registration shall be mailed to 2 |
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343 | | - | registrants at least thirty (30) days prior to the due date. 3 |
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344 | | - | (h)(1) Provided the state of Rhode Island is certified by the administrator of EPA to register 4 |
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345 | | - | pesticides pursuant to § 24(c) of FIFRA, 7 U.S.C. § 136v(c), the director shall require the 5 |
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346 | | - | information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and 6 |
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347 | | - | conditions of the EPA certification, register the pesticide if he or she determines that: 7 |
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348 | | - | (i) Its composition is such as to warrant the proposed claims for it; 8 |
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349 | | - | (ii) Its labeling and other material required to be submitted comply with the requirements 9 |
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350 | | - | of this chapter; 10 |
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351 | | - | (iii) It will perform its intended function without unreasonable adverse effects on the 11 |
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352 | | - | environment; 12 |
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353 | | - | (iv) When used in accordance with widespread and commonly recognized practice, it will 13 |
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354 | | - | not generally cause unreasonable adverse effects on the environment; and 14 |
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355 | | - | (v) A special local need for the pesticide exists. 15 |
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356 | | - | (2) Prior to registering a pesticide for a special local need, the director shall classify the use 16 |
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357 | | - | of the pesticide for general or restricted use in conformity with § 3(d), 7 U.S.C. § 136a(d), of 17 |
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358 | | - | FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying 18 |
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359 | | - | registration of any pesticide. Where two (2) pesticides meet the requirements of this subdivision, 19 |
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360 | | - | one should not be registered in preference to the other. 20 |
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361 | | - | (3) The director may develop and promulgate any other requirements by regulation that are 21 |
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362 | | - | necessary for the state plan to receive certification from EPA. 22 |
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363 | | - | (i) The director may require that all registrations and fees required by this section be 23 |
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364 | | - | submitted electronically. 24 |
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365 | | - | (j) In addition to the registration fees, the director may charge a processing fee. The 25 |
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366 | | - | department shall set the amount of such fees through rules and regulations, with processing fees 26 |
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367 | | - | not to exceed five percent (5%) of the registration surcharge per application. 27 |
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368 | | - | 23-25-6.1. Registration fee — Surcharge. 28 |
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369 | | - | (a) In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-29 |
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370 | | - | 25-6, an additional two hundred fifty dollars ($250) registration surcharge fee shall be imposed 30 |
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371 | | - | upon each pesticide to be sold or used within the state, unless the director has determined the subject 31 |
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372 | | - | product is a “statewide minor use” product pursuant to § 23-25-6(b)(3). The registration surcharge 32 |
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373 | | - | fee shall be deposited as general revenues. The director may require that the registration surcharge 33 |
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374 | | - | required by this section be paid electronically. 34 |
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| 340 | + | LC001157 - Page 10 of 12 |
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| 341 | + | which a renewal application has been made and the proper fee paid, shall continue in full force and 1 |
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| 342 | + | effect until any time that the director notifies the applicant that the registration has been renewed, 2 |
---|
| 343 | + | or denied, in accord with the provisions of § 23-25-8. Forms for re-registration shall be mailed to 3 |
---|
| 344 | + | registrants at least thirty (30) days prior to the due date. 4 |
---|
| 345 | + | (h)(1) Provided the state of Rhode Island is certified by the administrator of EPA to register 5 |
---|
| 346 | + | pesticides pursuant to § 24(c) of FIFRA, 7 U.S.C. § 136v(c), the director shall require the 6 |
---|
| 347 | + | information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and 7 |
---|
| 348 | + | conditions of the EPA certification, register the pesticide if he or she determines that: 8 |
---|
| 349 | + | (i) Its composition is such as to warrant the proposed claims for it; 9 |
---|
| 350 | + | (ii) Its labeling and other material required to be submitted comply with the requirements 10 |
---|
| 351 | + | of this chapter; 11 |
---|
| 352 | + | (iii) It will perform its intended function without unreasonable adverse effects on the 12 |
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| 353 | + | environment; 13 |
---|
| 354 | + | (iv) When used in accordance with widespread and commonly recognized practice, it will 14 |
---|
| 355 | + | not generally cause unreasonable adverse effects on the environment; and 15 |
---|
| 356 | + | (v) A special local need for the pesticide exists. 16 |
---|
| 357 | + | (2) Prior to registering a pesticide for a special local need, the director shall classify the use 17 |
---|
| 358 | + | of the pesticide for general or restricted use in conformity with § 3(d), 7 U.S.C. § 136a(d), of 18 |
---|
| 359 | + | FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying 19 |
---|
| 360 | + | registration of any pesticide. Where two (2) pesticides meet the requirements of this subdivision, 20 |
---|
| 361 | + | one should not be registered in preference to the other. 21 |
---|
| 362 | + | (3) The director may develop and promulgate any other requirements by regulation that are 22 |
---|
| 363 | + | necessary for the state plan to receive certification from EPA. 23 |
---|
| 364 | + | (i) The director may require that all registrations and fees required by this section be 24 |
---|
| 365 | + | submitted electronically. 25 |
---|
| 366 | + | (j) In addition to the registration fees, the director may charge a processing fee. The 26 |
---|
| 367 | + | department shall set the amount of such fees through rules and regulations, with processing fees 27 |
---|
| 368 | + | not to exceed five percent (5%) of the registration surcharge per application. 28 |
---|
| 369 | + | 23-25-6.1. Registration fee — Surcharge. 29 |
---|
| 370 | + | (a) In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-30 |
---|
| 371 | + | 25-6, an additional two hundred fifty dollars ($250) registration surcharge fee shall be imposed 31 |
---|
| 372 | + | upon each pesticide to be sold or used within the state, unless the director has determined the subject 32 |
---|
| 373 | + | product is a “statewide minor use” product pursuant to § 23-25-6(b)(3). The registration surcharge 33 |
---|
| 374 | + | fee shall be deposited as general revenues. The director may require that the registration surcharge 34 |
---|
377 | | - | LC001157/SUB A - Page 11 of 12 |
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378 | | - | (b) In addition to the registration surcharge, the director may charge a processing fee. The 1 |
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379 | | - | department shall set the amount of such fees through rules and regulations, with processing fees 2 |
---|
380 | | - | not to exceed five percent (5%) of the registration surcharge per application. 3 |
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381 | | - | SECTION 9. Section 4-7-14 of the General Laws in Chapter 4-7 entitled "Livestock 4 |
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382 | | - | Dealers" is hereby repealed. 5 |
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383 | | - | 4-7-14. Vehicle number plates. 6 |
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384 | | - | The director shall furnish for each vehicle to be used by a licensee in the business of buying, 7 |
---|
385 | | - | selling, and/or transporting livestock, two (2) number plates. These plates shall be displayed 8 |
---|
386 | | - | prominently on the vehicle used in the buying, selling and/or transporting of livestock under this 9 |
---|
387 | | - | chapter. 10 |
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388 | | - | SECTION 10. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL 11 |
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389 | | - | HUSBANDRY" is hereby amended by adding thereto the following chapter: 12 |
---|
390 | | - | CHAPTER 28 13 |
---|
391 | | - | ELECTRONIC PAYMENTS AND APPLICATIONS 14 |
---|
392 | | - | 4-28-1. Electronic payment of fees. 15 |
---|
393 | | - | (a) The director of the department of environmental management may require that any fee 16 |
---|
394 | | - | owed to the department, pursuant to any chapter of title 4, be paid electronically. 17 |
---|
395 | | - | (b) In addition to specific fees owed to the department of environmental management, 18 |
---|
396 | | - | pursuant to any chapter of title 4, the director of the department of environmental management may 19 |
---|
397 | | - | charge a processing fee. The department shall set the amount of such fees through rules and 20 |
---|
398 | | - | regulations, with processing fees not to exceed five percent (5%) of the original fee owed to the 21 |
---|
399 | | - | department. 22 |
---|
400 | | - | 4-28-2. Electronic submission of applications and reports. 23 |
---|
401 | | - | The director of the department of environmental management may require that any 24 |
---|
402 | | - | application or report required to be submitted to the department, pursuant to title 4, may be 25 |
---|
403 | | - | submitted electronically. 26 |
---|
404 | | - | SECTION 11. This act shall take effect upon passage. 27 |
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| 377 | + | LC001157 - Page 11 of 12 |
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| 378 | + | required by this section be paid electronically. 1 |
---|
| 379 | + | (b) In addition to the registration surcharge, the director may charge a processing fee. The 2 |
---|
| 380 | + | department shall set the amount of such fees through rules and regulations, with processing fees 3 |
---|
| 381 | + | not to exceed five percent (5%) of the registration surcharge per application. 4 |
---|
| 382 | + | SECTION 9. Section 4-7-14 of the General Laws in Chapter 4-7 entitled "Livestock 5 |
---|
| 383 | + | Dealers" is hereby repealed. 6 |
---|
| 384 | + | 4-7-14. Vehicle number plates. 7 |
---|
| 385 | + | The director shall furnish for each vehicle to be used by a licensee in the business of buying, 8 |
---|
| 386 | + | selling, and/or transporting livestock, two (2) number plates. These plates shall be displayed 9 |
---|
| 387 | + | prominently on the vehicle used in the buying, selling and/or transporting of livestock under this 10 |
---|
| 388 | + | chapter. 11 |
---|
| 389 | + | SECTION 10. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL 12 |
---|
| 390 | + | HUSBANDRY" is hereby amended by adding thereto the following chapter: 13 |
---|
| 391 | + | CHAPTER 28 14 |
---|
| 392 | + | ELECTRONIC PAYMENTS AND APPLICATIONS 15 |
---|
| 393 | + | 4-28-1. Electronic payment of fees. 16 |
---|
| 394 | + | (a) The director of the department of environmental management may require that any fee 17 |
---|
| 395 | + | owed to the department, pursuant to any chapter of title 4, be paid electronically. 18 |
---|
| 396 | + | (b) In addition to specific fees owed to the department of environmental management, 19 |
---|
| 397 | + | pursuant to any chapter of title 4, the director of the department of environmental management may 20 |
---|
| 398 | + | charge a processing fee. The department shall set the amount of such fees through rules and 21 |
---|
| 399 | + | regulations, with processing fees not to exceed five percent (5%) of the original fee owed to the 22 |
---|
| 400 | + | department. 23 |
---|
| 401 | + | 4-28-2. Electronic submission of applications and reports. 24 |
---|
| 402 | + | The director of the department of environmental management may require that any 25 |
---|
| 403 | + | application or report required to be submitted to the department, pursuant to title 4, may be 26 |
---|
| 404 | + | submitted electronically. 27 |
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| 405 | + | SECTION 11. This act shall take effect upon passage. 28 |
---|