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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0651 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001274 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL |
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| 16 | 16 | | Introduced By: Senators Murray, DiMario, Lauria, Sosnowski, Valverde, Kallman, Urso, |
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| 17 | 17 | | Ujifusa, and Mack |
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| 18 | 18 | | Date Introduced: March 07, 2025 |
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| 19 | 19 | | Referred To: Senate Environment & Agriculture |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 23-25-4 of the General Laws in Chapter 23-25 entitled "Pesticide 1 |
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| 24 | 24 | | Control" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 23-25-4. Definitions. 3 |
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| 26 | 26 | | As used in this chapter: 4 |
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| 27 | 27 | | (1) “Active ingredient” means any ingredient that will prevent, destroy, repel, control, or 5 |
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| 28 | 28 | | mitigate pests, or that will act as a plant regulator, defoliant, or desiccant. 6 |
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| 29 | 29 | | (2) “Adulterated” applies to any pesticide if its strength or purity falls below the professed 7 |
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| 30 | 30 | | standards of quality as expressed on its labeling under which it is sold, or if any substance has been 8 |
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| 31 | 31 | | substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has 9 |
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| 32 | 32 | | been wholly or in part abstracted. 10 |
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| 33 | 33 | | (3) “Agricultural commodity” means any plant, or part of plant, or animal, or animal 11 |
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| 34 | 34 | | product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, 12 |
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| 35 | 35 | | Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable 13 |
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| 36 | 36 | | persons) primarily for sale, consumption, propagation, or other use by humans or animals. 14 |
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| 37 | 37 | | (4) “Animal” means all vertebrate and invertebrate species, including, but not limited to, 15 |
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| 38 | 38 | | humans and other mammals, birds, fish, and shellfish. 16 |
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| 39 | 39 | | (5) “Beneficial insects” means those insects that, during their life cycle, are effective 17 |
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| 40 | 40 | | pollinators of plants, are parasites or predators of pests, or are otherwise beneficial. 18 |
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| 41 | 41 | | (6) “Board” means the pesticide advisory board as provided for under § 23-25.2-3. 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001274 - Page 2 of 11 |
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| 45 | 45 | | (7) “Defoliant” means any substance or mixture of substances intended for causing the 1 |
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| 46 | 46 | | leaves or foliage to drop from a plant with or without causing abscission. 2 |
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| 47 | 47 | | (8) “Desiccant” means any substance or mixture of substances intended for artificially 3 |
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| 48 | 48 | | accelerating the drying of plant tissue. 4 |
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| 49 | 49 | | (9) “Device” means any instrument or contrivance (other than a firearm) that is intended 5 |
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| 50 | 50 | | for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life 6 |
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| 51 | 51 | | (other than humans and other than bacteria, virus, or other micro-organism on or in living humans 7 |
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| 52 | 52 | | or other living animals) but not including equipment used for the application of pesticides when 8 |
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| 53 | 53 | | sold separately from it. 9 |
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| 54 | 54 | | (10) “Director” means the director of environmental management. 10 |
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| 55 | 55 | | (11) “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver for 11 |
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| 56 | 56 | | shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state. 12 |
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| 57 | 57 | | (12) “Environment” includes water, air, land, and all plants and humans and other living 13 |
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| 58 | 58 | | animals in it, and the interrelationships that exist among these. 14 |
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| 59 | 59 | | (13) “EPA” means the United States Environmental Protection Agency. 15 |
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| 60 | 60 | | (14) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 16 |
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| 61 | 61 | | 136 et seq., and other legislation supplementary to it and amendatory of it. 17 |
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| 62 | 62 | | (15) “First generation anticoagulant rodenticide” means any pesticide product that contains 18 |
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| 63 | 63 | | any of the following active ingredients: 19 |
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| 64 | 64 | | (i) Chlorophacinone; 20 |
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| 65 | 65 | | (ii) Diphacinone; or 21 |
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| 66 | 66 | | (iii) Warfarin. 22 |
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| 67 | 67 | | (15)(16) “Fungi” means all nonchlorophyll-bearing thallophytes (that is, all 23 |
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| 68 | 68 | | nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, 24 |
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| 69 | 69 | | smuts, mildews, molds, yeasts, and bacteria, except those in or on living humans or other living 25 |
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| 70 | 70 | | animals, and except those in or on processed food, beverages, or pharmaceuticals. 26 |
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| 71 | 71 | | (16)(17) “Highly toxic pesticide” means any pesticide determined to be a highly toxic 27 |
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| 72 | 72 | | pesticide under the authority of § 25(c)(2) of FIFRA, 7 U.S.C. § 136w(c)(2), or by the director 28 |
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| 73 | 73 | | under § 23-25-9(a)(2). 29 |
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| 74 | 74 | | (17)(18) “Imminent hazard” means a situation that exists when the continued use of a 30 |
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| 75 | 75 | | pesticide during the time required for cancellation proceedings pursuant to § 23-25-8 would likely 31 |
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| 76 | 76 | | result in unreasonable adverse effects on the environment or will involve unreasonable hazard to 32 |
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| 77 | 77 | | the survival of a species declared endangered by the secretary of the interior under 16 U.S.C. § 33 |
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| 78 | 78 | | 1531 et seq. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001274 - Page 3 of 11 |
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| 82 | 82 | | (18)(19) “Inert ingredient” means an ingredient that is not an active ingredient. 1 |
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| 83 | 83 | | (19)(20) “Ingredient statement” means: 2 |
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| 84 | 84 | | (i) A statement of the name and percentage of each active ingredient together with the total 3 |
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| 85 | 85 | | percentage of the inert ingredients in the pesticide; and 4 |
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| 86 | 86 | | (ii) When the pesticide contains arsenic in any form, the ingredient statement shall also 5 |
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| 87 | 87 | | include percentages of total and water soluble arsenic, each calculated as elemental arsenic. 6 |
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| 88 | 88 | | (20)(21) “Insect” means any of the numerous small invertebrate animals generally having 7 |
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| 89 | 89 | | the body more or less obviously segmented, for the most part belonging to the class insecta, 8 |
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| 90 | 90 | | comprising six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, 9 |
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| 91 | 91 | | and their immature stages, and to other allied classes of anthropods whose members are wingless 10 |
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| 92 | 92 | | and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood 11 |
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| 93 | 93 | | lice. 12 |
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| 94 | 94 | | (21)(22) “Integrated Pest Management (IPM)” refers to a method of pest control that uses 13 |
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| 95 | 95 | | a systems approach to reduce pest damage to tolerable levels through a variety of techniques, 14 |
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| 96 | 96 | | including natural predators and parasites, genetically resistant hosts, environmental modifications 15 |
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| 97 | 97 | | and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon nonchemical 16 |
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| 98 | 98 | | defenses first and chemical pesticides second. 17 |
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| 99 | 99 | | (22)(23) “Label” means the written, printed, or graphic matter on, or attached to, the 18 |
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| 100 | 100 | | pesticide or device or any of its containers or wrappers. 19 |
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| 101 | 101 | | (23)(24) “Labeling” means the label and all other written, printed, or graphic matter: 20 |
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| 102 | 102 | | (i) Accompanying the pesticide or device at any time; or 21 |
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| 103 | 103 | | (ii) To which reference is made on the label or in literature accompanying the pesticide or 22 |
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| 104 | 104 | | device, except to current official publications of EPA, the United States Departments of Agriculture 23 |
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| 105 | 105 | | and Interior, and the department of health and human services; state experiment stations; state 24 |
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| 106 | 106 | | agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct 25 |
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| 107 | 107 | | research in the field of pesticides. 26 |
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| 108 | 108 | | (24)(25) “Land” means all land and water areas, including airspace, all plants, animals, 27 |
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| 109 | 109 | | structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or 28 |
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| 110 | 110 | | mobile, including any used for transportation. 29 |
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| 111 | 111 | | (25)(26) “Nematode” means invertebrate animals of the phylum Nemathelminthes and 30 |
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| 112 | 112 | | class Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies 31 |
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| 113 | 113 | | covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or 32 |
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| 114 | 114 | | eelworms. 33 |
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| 115 | 115 | | (26)(27) “Neonicotinoids” means any of a class of systemic water soluble insecticides 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001274 - Page 4 of 11 |
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| 119 | 119 | | related to nicotine that affect the central nervous system of insects by selectively binding to the 1 |
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| 120 | 120 | | postsynaptic nicotinic receptors of insects thereby causing paralysis and death. Neonicotinoids 2 |
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| 121 | 121 | | include, but are not limited to: 3 |
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| 122 | 122 | | (i) Imidacloprid; 4 |
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| 123 | 123 | | (ii) Acetamiprid; 5 |
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| 124 | 124 | | (iii) Clothianidin; 6 |
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| 125 | 125 | | (iv) Nitenpyram; 7 |
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| 126 | 126 | | (v) Nithiazine; 8 |
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| 127 | 127 | | (vi) Thiacloprid; 9 |
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| 128 | 128 | | (vii) Thiamethoxam; and 10 |
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| 129 | 129 | | (viii) Dinotefuran. 11 |
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| 130 | 130 | | (27)(28) “Permit” means a written certificate, issued by the director, authorizing the 12 |
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| 131 | 131 | | purchase, possession, and/or use of certain pesticides or pesticide uses defined in subsections (36) 13 |
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| 132 | 132 | | and (37) of this section. 14 |
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| 133 | 133 | | (28)(29) “Person” means any individual, partnership, association, fiduciary, corporation, 15 |
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| 134 | 134 | | governmental entity, or any organized group of persons whether incorporated or not. 16 |
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| 135 | 135 | | (29)(30) “Pest” means: 17 |
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| 136 | 136 | | (i) Any insect, rodent, nematode, fungus, or weed; and 18 |
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| 137 | 137 | | (ii) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other 19 |
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| 138 | 138 | | micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other 20 |
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| 139 | 139 | | living animals) which the director declares to be a pest under § 23-25-9(a)(1). 21 |
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| 140 | 140 | | (30)(31) “Pesticide” means: 22 |
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| 141 | 141 | | (i) Any substance or mixture of substances intended for preventing, destroying, repelling, 23 |
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| 142 | 142 | | or mitigating any pest; and 24 |
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| 143 | 143 | | (ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, 25 |
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| 144 | 144 | | or desiccant. 26 |
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| 145 | 145 | | (31)(32) “Pesticide dealer” means any person who distributes within the state any pesticide 27 |
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| 146 | 146 | | product classified for restricted use by EPA or limited use by the director. 28 |
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| 147 | 147 | | (32)(33) “Plant regulator” means any substance or mixture of substances intended, through 29 |
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| 148 | 148 | | physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for 30 |
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| 149 | 149 | | altering the behavior of plants or the produce of these but shall not include substances to the extent 31 |
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| 150 | 150 | | that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and 32 |
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| 151 | 151 | | soil amendments. Also, the term “plant regulator” is not required to include any of those nutrient 33 |
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| 152 | 152 | | mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001274 - Page 5 of 11 |
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| 156 | 156 | | intended for improvement, maintenance, survival, health, and propagation of plants, are not for pest 1 |
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| 157 | 157 | | destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration. 2 |
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| 158 | 158 | | (33)(34)(i) “Private applicator” means any person who uses or supervises the use of any 3 |
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| 159 | 159 | | pesticide for purposes of producing any agricultural commodity on land owned or rented by him or 4 |
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| 160 | 160 | | her or his or her employer or (if applied without compensation other than trading of personal 5 |
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| 161 | 161 | | services between producers of agricultural commodities) on land of another person. 6 |
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| 162 | 162 | | (ii) “Certified private applicator” means any private applicator who is certified under § 23-7 |
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| 163 | 163 | | 25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide 8 |
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| 164 | 164 | | classified for restricted use by EPA or limited use by the director. 9 |
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| 165 | 165 | | (iii) “Commercial applicator” means any person (whether or not that person is a private 10 |
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| 166 | 166 | | applicator with respect to some uses), including employees of any federal, state, county or 11 |
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| 167 | 167 | | municipal agency, department, office, division, section, bureau, board, or commission, who applies 12 |
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| 168 | 168 | | or supervises the application of any pesticide for any purpose or on any property other than as 13 |
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| 169 | 169 | | provided by the definition of “private applicator”. 14 |
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| 170 | 170 | | (iv) “Certified commercial applicator” means any commercial applicator who is certified 15 |
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| 171 | 171 | | under § 23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a 16 |
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| 172 | 172 | | pesticide classified for restricted use by EPA or limited use by the director. 17 |
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| 173 | 173 | | (v) “Licensed commercial applicator” means any commercial applicator who is licensed 18 |
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| 174 | 174 | | under § 23-25-12 as authorized to use or supervise the use of any pesticide not classified for 19 |
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| 175 | 175 | | restricted use by EPA or limited use by the director on land not owned or rented by him or her. 20 |
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| 176 | 176 | | (34)(35) “Protect health and the environment” means protection against any unreasonable 21 |
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| 177 | 177 | | adverse effects on the environment. 22 |
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| 178 | 178 | | (35)(36) “Registrant” means a person who has registered any pesticide pursuant to the 23 |
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| 179 | 179 | | provisions of this chapter. 24 |
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| 180 | 180 | | (36)(37) “Restricted use pesticide” means a pesticide or pesticide use that is classified for 25 |
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| 181 | 181 | | restricted use by the administrator of EPA, or under § 23-25-6(h). 26 |
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| 182 | 182 | | (38) “Second generation anticoagulant rodenticide” means any pesticide product that 27 |
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| 183 | 183 | | contains any of the following active ingredients: 28 |
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| 184 | 184 | | (i) Brodifacoum; 29 |
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| 185 | 185 | | (ii) Bromadiolone; 30 |
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| 186 | 186 | | (iii) Difenacoum; 31 |
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| 187 | 187 | | (iv) Difethialone. 32 |
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| 188 | 188 | | (37)(39) “State limited use pesticide” means any pesticide or pesticide use that, when used 33 |
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| 189 | 189 | | as directed or in accordance with a widespread and commonly recognized practice, the director 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001274 - Page 6 of 11 |
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| 193 | 193 | | determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable 1 |
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| 194 | 194 | | adverse effects on the environment including humans, land, beneficial insects, animals, crops, and 2 |
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| 195 | 195 | | wildlife, other than pests. 3 |
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| 196 | 196 | | (38)(40) “Under the direct supervision” means on-site supervision of any pesticide 4 |
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| 197 | 197 | | application by an appropriately certified or licensed applicator who is responsible for the 5 |
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| 198 | 198 | | application and is capable of dealing with emergency situations which might occur. 6 |
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| 199 | 199 | | (39)(41) “Unreasonable adverse effects on the environment” means any unreasonable risk 7 |
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| 200 | 200 | | to humans or the environment, taking into account the economic, social, and environmental costs 8 |
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| 201 | 201 | | and benefits of the use of any pesticide. 9 |
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| 202 | 202 | | (40)(42) “Weed” means any plant that grows where not wanted. 10 |
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| 203 | 203 | | (41)(43) “Wildlife” means all living things that are neither human nor, as defined in this 11 |
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| 204 | 204 | | chapter, pests, including but not limited to mammals, birds, and aquatic life. 12 |
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| 205 | 205 | | SECTION 2. Chapter 23-25 of the General Laws entitled "Pesticide Control" is hereby 13 |
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| 206 | 206 | | amended by adding thereto the following sections: 14 |
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| 207 | 207 | | 23-25-41. Rodenticides sales restricted. 15 |
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| 208 | 208 | | (a) Effective March 1, 2026, all pesticides registered in the state as a first-generation 16 |
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| 209 | 209 | | anticoagulant rodenticide as defined in § 23-25-4, shall be prohibited from being sold in 17 |
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| 210 | 210 | | “consumer” stores and online retail stores including, but not limited to, drug stores, grocery stores, 18 |
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| 211 | 211 | | hardware stores, club stores and similar retail outlets. 19 |
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| 212 | 212 | | (b) Effective January 1, 2027, all pesticides registered in the state as a second-generation 20 |
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| 213 | 213 | | anticoagulant rodenticide as defined in § 23-25-4, shall be prohibited from being sold in 21 |
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| 214 | 214 | | “consumer” stores and online retail stores including, but not limited to, drug stores, grocery stores, 22 |
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| 215 | 215 | | hardware stores, club stores and similar retail outlets. 23 |
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| 216 | 216 | | (c) This section shall not apply to the sale of a first and/or second-generation anticoagulant 24 |
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| 217 | 217 | | rodenticide by a wholesaler to a business that employs the following: certified private applicator, 25 |
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| 218 | 218 | | commercial applicator, certified commercial applicator or licensed commercial applicator. 26 |
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| 219 | 219 | | 23-25-42. Rodenticides use restricted. 27 |
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| 220 | 220 | | (a) Effective January 1, 2026, the use of any pesticides registered in the state as a first or 28 |
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| 221 | 221 | | second-generation anticoagulant rodenticide as defined in § 23-25-4 shall be prohibited. 29 |
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| 222 | 222 | | (b) This section shall not apply to the following: 30 |
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| 223 | 223 | | (1) The use of any second generation anticoagulant rodenticide by a state or municipal 31 |
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| 224 | 224 | | employee for public health activities, the protection of a drinking water supply, to control vectors 32 |
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| 225 | 225 | | for mosquito borne illnesses, the eradication of non-native invasive species of rodents, for control 33 |
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| 226 | 226 | | of an actual rodent infestation that has been deemed a public health issue where it has been 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001274 - Page 7 of 11 |
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| 230 | 230 | | documented that all other rodent control alternatives, including nonchemical alternatives, are 1 |
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| 231 | 231 | | inadequate to control the infestation. 2 |
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| 232 | 232 | | (2) The use of any second-generation anticoagulant rodenticide at a medical waste 3 |
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| 233 | 233 | | generator or a facility registered annually and subject to inspection under 21 U.S.C. § 360 et seq. 4 |
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| 234 | 234 | | and compliant with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et 5 |
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| 235 | 235 | | seq.). 6 |
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| 236 | 236 | | (3) The use of any second-generation anticoagulant rodenticide for agricultural activities 7 |
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| 237 | 237 | | conducted in the following locations: 8 |
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| 238 | 238 | | (i) A warehouse used to store foods for human or animal consumption; 9 |
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| 239 | 239 | | (ii) An agricultural food production site including, but not limited to, a slaughterhouse or 10 |
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| 240 | 240 | | cannery; 11 |
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| 241 | 241 | | (iii) A distillery, meadery, brewery, or winery. 12 |
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| 242 | 242 | | SECTION 3. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 13 |
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| 243 | 243 | | amended by adding thereto the following chapter: 14 |
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| 244 | 244 | | CHAPTER 25.7 15 |
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| 245 | 245 | | RODENT INTEGRATED PEST MANAGEMENT PILOT PROGRAM ACT 16 |
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| 246 | 246 | | 23-25.7-1. Short Title. 17 |
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| 247 | 247 | | This chapter shall be known and may be cited as the “Rodent Integrated Pest Management 18 |
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| 248 | 248 | | Pilot Program Act”. 19 |
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| 249 | 249 | | 23-25.7-2. Definitions. 20 |
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| 250 | 250 | | For the purposes of this chapter, the following terms shall have the following meanings: 21 |
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| 251 | 251 | | (1) “Integrated pest management” means a science-based approach to managing rodents 22 |
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| 252 | 252 | | using a variety of methods to prevent and treat rodent concerns including, but not limited to, 23 |
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| 253 | 253 | | addressing sanitation, landscaping concerns, promotion of natural predators, manufactured 24 |
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| 254 | 254 | | alternatives to pesticides and other methods of prevention, reduction, and mitigation including, but 25 |
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| 255 | 255 | | not limited to, rodent contraceptive applications. 26 |
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| 256 | 256 | | (2) “Rodent contraceptive” means an agent for the reduction of reproductive capacity in 27 |
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| 257 | 257 | | rodents that is approved for such use by the United States Environmental Protection Agency. 28 |
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| 258 | 258 | | (3) “Rodent mitigation zones” means the zones designated by municipalities within its 29 |
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| 259 | 259 | | municipalities’ boundaries to be areas in which the pilot program shall be implemented. 30 |
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| 260 | 260 | | (4) “Rodent signs” means the observable indicators used by the designated municipal 31 |
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| 261 | 261 | | departmental agency to determine the presence of rodents, including burrows, rub marks, runways, 32 |
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| 262 | 262 | | tracks, gnaw marks, droppings, and the presence of live rodents. 33 |
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| 263 | 263 | | 23-25.7-3. Pilot program. 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001274 - Page 8 of 11 |
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| 267 | 267 | | (a) Municipalities are authorized to implement and participate in a voluntary pest 1 |
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| 268 | 268 | | management pilot program pursuant to the provisions of this chapter. A municipality may choose 2 |
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| 269 | 269 | | to participate by designating the municipality’s department agency responsible for the 3 |
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| 270 | 270 | | implementation and services related to rodent extermination or mitigation in consultation with the 4 |
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| 271 | 271 | | department of environmental management. The municipality may establish a pilot program for 5 |
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| 272 | 272 | | integrated pest management and track the efficacy of such program in reducing the rodent 6 |
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| 273 | 273 | | population. Such a program shall involve the following: 7 |
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| 274 | 274 | | (1) The program implementation shall take place in pilot program areas, to be designated 8 |
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| 275 | 275 | | by the municipal department assigned to identify rodent mitigation areas; 9 |
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| 276 | 276 | | (2) The designated municipal department shall designate at least one pilot program 10 |
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| 277 | 277 | | comparison area with similar zones, building types and landscapes to the pilot program rodent 11 |
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| 278 | 278 | | mitigation areas, and shall make reasonable efforts to implement rodent mitigation efforts, other 12 |
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| 279 | 279 | | than the implementation of the integrated pest management mitigation application, across the pilot 13 |
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| 280 | 280 | | program comparison area or areas to allow for a controlled comparison; 14 |
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| 281 | 281 | | (3) For not less than three (3) months immediately before the deployment of the integrated 15 |
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| 282 | 282 | | pest management application in the designated rodent mitigation areas, the designated municipal 16 |
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| 283 | 283 | | department shall perform monthly inspections of the pilot program areas and shall document all 17 |
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| 284 | 284 | | rodent signs observed in each pilot program mitigation area and pilot program comparison area, 18 |
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| 285 | 285 | | disaggregated by type of rodent sign; 19 |
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| 286 | 286 | | (4) Following at least three (3) months of inspections, as required in subsection (3) of this 20 |
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| 287 | 287 | | section, the designated municipal department shall deploy an integrated pest management 21 |
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| 288 | 288 | | application in the pilot program mitigation areas; 22 |
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| 289 | 289 | | (5) For not less than six (6) months immediately after the deployment of the integrated pest 23 |
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| 290 | 290 | | management application, the designated municipal department shall perform monthly inspections 24 |
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| 291 | 291 | | of the pilot program mitigation areas and shall document all rodent signs observed in each pilot 25 |
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| 292 | 292 | | program mitigation area and pilot program comparison area, disaggregated by type of rodent sign; 26 |
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| 293 | 293 | | and 27 |
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| 294 | 294 | | (6) The designated municipal department shall track all interventions in all pilot program 28 |
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| 295 | 295 | | mitigation areas, including the integrated pest management application, any change in sanitation 29 |
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| 296 | 296 | | procedures, and any other rodent mitigation interventions, including the dates and locations of such 30 |
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| 297 | 297 | | interventions, during the periods designated by subsections (3), (4) and (5) of this section. 31 |
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| 298 | 298 | | (b) A municipality that conducted an integrated pest management program prior to the 32 |
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| 299 | 299 | | effective date of this chapter may qualify for funds available through the rules and regulations 33 |
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| 300 | 300 | | established in § 23-25.7-4 provided the municipality files a report containing the requested data 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001274 - Page 9 of 11 |
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| 304 | 304 | | outlined in subsection (d) of this section and the findings of the municipal program are accepted by 1 |
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| 305 | 305 | | the department of environmental management to further the intent of this chapter. 2 |
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| 306 | 306 | | (c) Implementation. The pilot program established pursuant to subsection (a) of this section 3 |
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| 307 | 307 | | shall commence no later than July 1, 2026. The duration of such program shall be no less than 4 |
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| 308 | 308 | | twelve (12) months unless the designated municipal department terminates or suspends the program 5 |
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| 309 | 309 | | on an earlier date; 6 |
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| 310 | 310 | | (d) Report. No later than three (3) months after the termination of the pilot program 7 |
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| 311 | 311 | | established pursuant to this section, the director of the designated municipal department shall 8 |
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| 312 | 312 | | submit to the mayor or city or town administrator a report regarding the outcomes of such pilot 9 |
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| 313 | 313 | | program, the existing pilot program areas, identified rodent mitigation areas and control areas and 10 |
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| 314 | 314 | | inspections of such areas during the period of such program. Such report shall include, but need 11 |
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| 315 | 315 | | not be limited to, the following information: 12 |
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| 316 | 316 | | (1) The direct costs associated with the implementation of such program; 13 |
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| 317 | 317 | | (2) Any challenges experienced by the designated municipal department during the 14 |
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| 318 | 318 | | implementation of such program; and 15 |
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| 319 | 319 | | (3) A table in which each separate row references a unique pilot program mitigation area 16 |
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| 320 | 320 | | and pilot program comparison area. Each such row shall include the following information, as well 17 |
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| 321 | 321 | | as any additional information the director of the designated municipal department deems 18 |
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| 322 | 322 | | appropriate, set forth in separate columns: 19 |
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| 323 | 323 | | (i) A unique identification code for the area; 20 |
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| 324 | 324 | | (ii) Whether the area is a pilot program mitigation area or pilot comparison area; 21 |
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| 325 | 325 | | (iii) The location of such area; and 22 |
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| 326 | 326 | | (iv) A description of the building classification or zone designation in such area. 23 |
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| 327 | 327 | | (4) A table on all rodent inspections in which each separate row references a unique 24 |
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| 328 | 328 | | inspection in all pilot program rodent mitigation areas and pilot program comparison areas. Each 25 |
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| 329 | 329 | | such row shall include the following information, as well as any additional information the director 26 |
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| 330 | 330 | | of the designated municipal department deems appropriate, set forth in separate columns: 27 |
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| 331 | 331 | | (i) The location of such area; 28 |
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| 332 | 332 | | (ii) The date of such inspection; 29 |
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| 333 | 333 | | (iii) The tally of all rodent signs, disaggregated by type of rodent sign; and 30 |
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| 334 | 334 | | (iv) A description of the mitigation activity implemented in the area, including integrated 31 |
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| 335 | 335 | | pest management applications, change in sanitation procedure and/or other rodent mitigation 32 |
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| 336 | 336 | | applications 33 |
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| 337 | 337 | | (5) Upon completion of the report and approval from the municipality’s mayor or 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC001274 - Page 10 of 11 |
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| 341 | 341 | | administrator the report shall be submitted to the department of environmental management. 1 |
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| 342 | 342 | | 23-25.7-4. Integrated pest management fund. 2 |
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| 343 | 343 | | (a) There is hereby established the integrated pest management fund to be administered by 3 |
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| 344 | 344 | | the department of environmental management as set forth in this chapter. 4 |
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| 345 | 345 | | (b) In addition to any funds appropriated by the general assembly, the department of 5 |
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| 346 | 346 | | environmental management shall seek grant and philanthropic funding resources to supplement the 6 |
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| 347 | 347 | | additional costs incurred by municipalities that voluntarily establish and participate in the 7 |
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| 348 | 348 | | implementation of a municipal integrated pest management pilot program. The department may 8 |
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| 349 | 349 | | seek assistance from independent third-party entities in identifying, applying and securing funds to 9 |
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| 350 | 350 | | assist in the implementation of the pilot programs. 10 |
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| 351 | 351 | | (c) Funds collected shall be deposited into the integrated pest management fund a restricted 11 |
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| 352 | 352 | | receipt account and distributed in accordance with rules and regulations promulgated by the 12 |
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| 353 | 353 | | department of environmental management. 13 |
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| 354 | 354 | | 23-25.7-5. Rules and regulations. 14 |
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| 355 | 355 | | The department of environmental management shall promulgate rules and regulations to 15 |
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| 356 | 356 | | implement the provisions of this chapter. 16 |
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| 357 | 357 | | 23-25.7-6. Sunset. 17 |
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| 358 | 358 | | Unless extended by the general assembly the provisions of this chapter shall sunset and 18 |
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| 359 | 359 | | expire on October 1, 2028. 19 |
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| 360 | 360 | | SECTION 4. Section 1 of this act shall take effect upon passage and sections 2 and 3 shall 20 |
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| 361 | 361 | | take effect on January 1, 2026. 21 |
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| 362 | 362 | | ======== |
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| 363 | 363 | | LC001274 |
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| 364 | 364 | | ======== |
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| 365 | 365 | | |
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| 366 | 366 | | |
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| 367 | 367 | | LC001274 - Page 11 of 11 |
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| 368 | 368 | | EXPLANATION |
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| 369 | 369 | | BY THE LEGISLATIVE COUNCIL |
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| 370 | 370 | | OF |
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| 371 | 371 | | A N A C T |
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| 372 | 372 | | RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL |
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| 373 | 373 | | *** |
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| 374 | 374 | | This act would create rodent integrated pest management pilot programs for municipalities 1 |
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| 375 | 375 | | that choose to participate. Reports would be approved by the municipality's mayor or administrator 2 |
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| 376 | 376 | | and would be submitted to the department of environmental management. 3 |
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| 377 | 377 | | Section 1 of this act would take effect upon passage and sections 2 and 3 would take effect 4 |
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| 378 | 378 | | on January 1, 2026. 5 |
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| 379 | 379 | | ======== |
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| 380 | 380 | | LC001274 |
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| 382 | 382 | | |
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