reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.7 - Biodiesel Products › Section 23-23.7-4. - Heating oil biobased products.

§ 23-23.7-4. Heating oil biobased products.
Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance with the compliance schedule established in this chapter, all No. 2 distillate heating oil sold in the state for residential, commercial, or industrial uses within the state, shall contain, at a minimum, the specified percentage of biobased product, unless the requirement has been suspended pursuant to § 23-23.7-7. The compliance schedule shall be as follows:
(1)
Not later than July 1, 2014, all No. 2 distillate heating oil sold in the state shall contain not less than two percent (2%) of a biobased product.
(2)
Not later than July 1, 2015, all No. 2 distillate heating oil sold in the state shall contain not less than three percent (3%) of a biobased product.
(3)
Not later than July 1, 2016, all No. 2 distillate heating oil sold in the state shall contain not less than four percent (4%) of a biobased product.
(4)
Not later than July 1, 2017, all No. 2 distillate heating oil sold in the state shall contain not less than five percent (5%) of a biobased product.
(5)
Not later than July 1, 2021, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B5 biodiesel blend and/or renewable hydrocarbon diesel.
(6)
Not later than July 1, 2023, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B10 biodiesel blend and/or renewable hydrocarbon diesel.
(7)
Not later than July 1, 2025, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B20 biodiesel blend and/or renewable hydrocarbon diesel.
(8)
Not later than July 1, 2030, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B50 biodiesel blend and/or renewable hydrocarbon diesel.
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1; P.L. 2021, ch. 347, § 2, effective January 1, 2022; P.L. 2021, ch. 348, § 2, effective January 1, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.7 - Biodiesel Products › Section 23-23.7-5. - Certification.

§ 23-23.7-5. Certification.
(a)
The blender or distributor of biodiesel fuel or renewable hydrocarbon diesel at the time of sale to a retail distributor of heating fuel shall provide certification stating:
(1)
That the No. 2 distillate heating fuel meets ASTM International—ASTM D396 and/or the successor standard as the case may be; and
(2)
That the biodiesel fuel or renewable hydrocarbon diesel used for blending meets the definition of biodiesel fuel or renewable hydrocarbon diesel in § 23-23.7-3; and
(3)
The percentage of the biodiesel fuel or renewable hydrocarbon diesel contained in the fuel.
(b)
The director shall create and provide to blenders and distributors a quarterly report form to be filed by the blender or distributor with the department of environmental management stating the number of gallons of biodiesel fuel or renewable hydrocarbon diesel sold and certification that said gallons meet the standards set forth in this chapter.
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1; P.L. 2021, ch. 347, § 2, effective January 1, 2022; P.L. 2021, ch. 348, § 2, effective January 1, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.7 - Biodiesel Products › Section 23-23.7-6. - Enforcement.

§ 23-23.7-6. Enforcement.
It shall be the responsibility of the director of the department of environmental management to administer and enforce this chapter.
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.7 - Biodiesel Products › Section 23-23.7-7. - Suspension.

§ 23-23.7-7. Suspension.
The governor of the state of Rhode Island, or the director, may temporarily suspend the requirements imposed by § 23-23.7-4 if it is determined that the physical availability of biodiesel fuel and/or renewable hydrocarbon diesel heating oil that complies with these requirements is inadequate or unavailable at commercially reasonable prices to meet the needs of the residential, commercial, or industrial uses in this state and the inadequate availability constitutes an emergency, provided that the governor or director shall specify in writing the period of time the suspension shall be in effect; provided that this period shall not exceed three (3) months. Any person seeking a suspension shall submit a request in writing to the governor or director that provides the factual basis for the suspension.
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1; P.L. 2021, ch. 347, § 2, effective January 1, 2022; P.L. 2021, ch. 348, § 2, effective January 1, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-1. - Short title.

§ 23-24-1. Short title.
This chapter may be cited as the “Hazardous Substances Act”.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-4. - Prohibited acts.

§ 23-24-4. Prohibited acts.
The following acts and the causing of the acts are prohibited:
(1)
The introduction or delivery for introduction into intrastate commerce of any misbranded hazardous substance or banned hazardous substance;
(2)
The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if that act is done while the substance is in intrastate commerce or while the substance is held for sale (whether or not the first sale) in the state, and results in the hazardous substance being a misbranded hazardous substance or banned hazardous substance;
(3)
The receipt in intrastate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of them for pay or otherwise;
(4)
The giving of a guarantee or undertaking referred to in § 23-24-5(b)(2) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he or she received in good faith the hazardous substance;
(5)
The failure to permit entry or inspection as authorized by § 23-24-11(b) or to permit access to and copying of any record as authorized by § 23-24-12;
(6)
The introduction or delivery for introduction into intrastate commerce, or the receipt in intrastate commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container, or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this subdivision, the terms “food”, “drug”, and “cosmetic”, shall have the same meaning as in the Food, Drug, and Cosmetic Act, chapter 31 of title 21;
(7)
The use by any person to his or her own advantage, or revealing other than to the consumer protection unit or employees of the consumer protection unit or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of § 23-24-11 concerning any method or process which as a trade secret is entitled to protection.
History of Section.
P.L. 1977, ch. 90, § 2: G.L. 1956, § 23-38.1-4; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-5. - Penalties.

§ 23-24-5. Penalties.
(a)
Any person who violates any of the provisions of § 23-24-4 shall be guilty of a misdemeanor and shall on conviction be subject to a fine of not more than five hundred dollars ($500) or to imprisonment for not more than ninety (90) days, or both; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than three thousand dollars ($3,000), or both.
(b)
No person shall be subject to the penalties of subsection (a) of this section:
(1)
For having violated § 23-24-4(3) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he or she refuses to furnish on request of an officer or employee duly designated by the consumer protection unit, the name and address of the person from whom he or she purchased or received the hazardous substance, and copies of all documents, if there are any, pertaining to the delivery of the hazardous substance to him or her; or
(2)
For having violated § 23-24-4(2) if he or she establishes a guarantee or undertaking, signed by and containing the name and address of the person residing in the state of Rhode Island from whom he or she received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this chapter.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-5; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-6. - Embargoed articles — Condemnation and destruction.

§ 23-24-6. Embargoed articles — Condemnation and destruction.
(a)
Whenever the director of the consumer protection unit of the department of attorney general finds or has probable cause to believe that any article is a misbranded hazardous substance or a banned hazardous substance or that it presents an electrical, mechanical, or thermal hazard within the meaning of this chapter, the director shall order to be affixed to the article a tag or other appropriate marking, giving notice that the article is or is suspected of being misbranded or banned, or an electrical, mechanical, or thermal hazard and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the director or the court. It shall be unlawful for any person to remove or dispose of any detained or embargoed article by sale or otherwise without permission.
(b)
When an article detained or embargoed under subsection (a) has been found by the director to be misbranded or banned or an electrical, mechanical, or thermal hazard, the director shall petition the proper judge of the court in whose jurisdiction the article is detained or embargoed for a libel condemnation of the article; when the director has found that an article detained or embargoed is not misbranded, banned, or an electrical, mechanical, or thermal hazard, the director shall order the removal of the tag or other marking.
(c)
If the court finds that a detained or embargoed article is misbranded, banned, or an electrical, mechanical, or thermal hazard, the article shall, after entry of the decree, be destroyed at the expense of the claimant, under the supervision of the director or his or her designee, and all court costs, fees and storage and other proper expenses, shall be taxed against the claimant of the article or his or her agent; provided, that when the misbranding or the electrical, mechanical, or thermal hazard can be corrected, the court, after entry of the decree and after any costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article has been properly corrected, has been executed, may by order direct that the article be delivered to the claimant for the correction under the supervision of an agent of the director of the consumer protection unit or his or her designee. The expense of that supervision shall be paid by the claimant. The article shall be returned to the claimant of the article on representation to the court by the director of the consumer protection unit that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-6; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-7. - Hearing before report of criminal violation.

§ 23-24-7. Hearing before report of criminal violation.
Before any violation of this chapter is reported by the consumer protection unit to the attorney general for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her view either orally or in writing with regard to the contemplated proceeding.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-7; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-8. - Injunctive relief.

§ 23-24-8. Injunctive relief.
(a)
The superior court shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Superior Court Rules of Civil Procedure, to restrain violations of this chapter.
(b)
In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. The trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Superior Court Rules of Criminal Procedure.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-9. - Style of enforcement procedures — Subpoenas.

§ 23-24-9. Style of enforcement procedures — Subpoenas.
All criminal proceedings and all libel or injunction proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the state. Subpoenas for witnesses who are required to attend a court of the state in any district or county may run into any other district or county in any proceeding.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-9; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-10. - Regulations.

§ 23-24-10. Regulations.
The authority to promulgate regulations for the efficient enforcement of this chapter, except as otherwise provided in this chapter, is vested in the consumer protection unit.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-10; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-11. - Examinations and investigations.

§ 23-24-11. Examinations and investigations.
(a)
The consumer protection unit is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through its officers and employees or through any health officer or employee of the state duly commissioned by the consumer protection unit as an officer of the consumer protection unit.
(b)
For purposes of enforcement of this chapter, officers or employees duly designated by the consumer protection unit, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized:
(1)
To enter, at reasonable times, any factory, warehouse, or establishment in which the hazardous substances are manufactured, processed, packed, or held for introduction into intrastate commerce or are held after that introduction or to enter any vehicle being used to transport or hold the hazardous substances in intrastate commerce;
(2)
To inspect, at reasonable times and within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling; and
(3)(i)
To obtain samples of the materials or packages, or of the labeling.
(ii)
A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each inspection shall be commenced and completed with reasonable promptness.
(c)
If the officer or employee obtains any sample, prior to leaving the premises, he or she shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of that sample, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-11; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-12. - Records of intrastate shipment.

§ 23-24-12. Records of intrastate shipment.
For the purpose of enforcing the provisions of this chapter, carriers engaged in intrastate commerce and persons receiving hazardous substances in intrastate commerce or holding hazardous substances that have been received shall, upon the request of an officer or employee duly designated by the consumer protection unit, permit that officer or employee, at reasonable times, to have access to and to copy all records showing the movement in intrastate commerce of any hazardous substance, or the holding of the substance during or after this movement, and the quantity, shipper, and consignee of the substances; and it shall be unlawful for that carrier or person to fail to permit access to and copying of any record requested when the request is accompanied by a statement in writing specifying the nature or kind of hazardous substance to which the request relates; provided, that evidence obtained under this section, or any evidence which is directly or indirectly derived from that evidence, shall not be used in a criminal prosecution of the person from whom obtained; provided, further, that carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-12; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-13. - Publicity.

§ 23-24-13. Publicity.
(a)
The consumer protection unit of the department of attorney general may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the its disposition.
(b)
The consumer protection unit may also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the consumer protection unit, imminent danger to health. Nothing in this section shall be construed to prohibit the consumer protection unit from collecting, reporting, and illustrating the results of its investigations.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-13; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-14. - Repurchase of banned hazardous substances.

§ 23-24-14. Repurchase of banned hazardous substances.
(a)
In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous substance (whether or not it was a banned hazardous substance at the time of its sale), the article or substance shall, in accordance with regulations of the consumer protection unit, be repurchased as follows:
(1)
The manufacturer of the article or substance shall repurchase it from the person to whom he or she sold it, and shall:
(i)
Refund to that person the purchase price paid for the article or substance;
(ii)
If that person has repurchased the article or substance pursuant to subdivision (2) or (3), reimburse him or her for any amounts paid in accordance with that subdivision for the return of the article or substance in connection with its repurchase; and
(iii)
If the manufacturer requires the return of the article or substance in connection with his or her purchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer.
(2)
The distributor of the article or substance shall repurchase it from the person to whom he or she sold it and shall:
(i)
Refund to that person the purchase price paid for the article or substance;
(ii)
If that person has repurchased the article or substance pursuant to subdivision (3), reimburse him or her for any amount paid in accordance with that subdivision for the return of the article or substance in connection with its repurchase; and
(iii)
If the distributor requires the return of the article or substance in connection with his or her repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor.
(3)
In the case of any article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to him or her, the dealer shall refund the purchaser the purchase price paid for it and reimburse him or her for any reasonable and necessary transportation charges incurred in its return.
(b)
For the purposes of this section:
(1)
“Manufacturer” includes an importer for resale; and
(2)
A dealer who sells at wholesale an article or substance shall with respect to that sale be considered the distributor of that article or substance.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-14; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24 - Hazardous Substances › Section 23-24-15. - Interpretation and severability.

§ 23-24-15. Interpretation and severability.
The provisions of this chapter shall be held to be in addition to, and not in substitution for a limitation of, the provisions of any other law. If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter and the application of those provisions to any other person or circumstances shall not be affected by this invalidity.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.1-15; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.1 - Poison Prevention Packaging › Section 23-24.1-1. - Short title.

§ 23-24.1-1. Short title.
This chapter may be cited as the “Poison Prevention Packaging Act”.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.2-1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.1 - Poison Prevention Packaging › Section 23-24.1-2. - Definitions.

§ 23-24.1-2. Definitions.
For the purpose of this chapter:
(1)
“Director” means the director of health.
(2)
“Federal act” means the Poison Prevention Packaging Act of 1970, 15 U.S.C. § 1471 et seq., and its subsequent amendments.
(3)
“Household substance” means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is:
(i)
A hazardous substance as that term is defined in § 23-24-2(6);
(ii)
A pesticide as that term is defined in § 23-25-4;
(iii)
A food, drug, device or cosmetic as those terms are defined in § 21-31-2;
(iv)
A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house.
(4)
“Labeling” means all labels and other written, printed, or graphic matter:
(i)
Upon any household substance or its package; or
(ii)
Accompanying such substance.
(5)
“Package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of § 23-24.1-4(a)(2), also means any outer container or wrapping used in the retail display of that substance to consumers. The term does not include:
(i)
Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors of this household substance; or
(ii)
Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.
(6)
“Special packaging” means packaging that is designed or constructed to be significantly difficult for children under five (5) years of age to open or obtain a toxic or harmful amount of the substance contained in it within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which these children cannot open or obtain a toxic or harmful amount within a reasonable time.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.2-2; P.L. 1979, ch. 39, § 1; P.L. 1981, ch. 72, § 1; P.L. 1989, ch. 542, § 53.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.1 - Poison Prevention Packaging › Section 23-24.1-4. - Exceptions.

§ 23-24.1-4. Exceptions.
(a)
For the purpose of making any household substance which is subject to a standard established under § 23-24.1-3 readily available to persons who are elderly or disabled who are unable to use the substance when packaged in compliance with the standard, the manufacturer or packer may package any household substance, subject to a standard, in packaging of a single size which does not comply with the standard if:
(1)
The manufacturer or packer also supplies the substances in packages which comply with the standard; and
(2)
The packages of the substance which do not meet the standard bear conspicuous labeling stating: “This package for households without young children”; except that the director may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate that labeling.
(b)
In the case of a household substance which is subject to a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, that substance may be dispensed in non-complying packages only when directed in that order or when requested by the purchaser.
(c)
In the case of a household substance subject to a standard which is packaged under subsection (a) in a non-complying package, if the director determines that the substance is not also being supplied by a manufacturer or packer in popular size packages which comply with that standard, he or she may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require the substance to be packaged by the manufacturer or packer exclusively in special packaging complying with the standard if he or she finds, after opportunity for hearing, that exclusive use of special packaging is necessary to accomplish the purposes of this chapter.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.2-4; P.L. 1979, ch. 39, § 1; P.L. 1999, ch. 83, § 52; P.L. 1999, ch. 130, § 52.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.1 - Poison Prevention Packaging › Section 23-24.1-5. - Inspection, enforcement, and penalties.

§ 23-24.1-5. Inspection, enforcement, and penalties.
The inspection, enforcement, and penalties for violations of the provisions of this chapter shall be in accordance with the provisions and procedures provided by §§ 23-1-19 — 23-1-25.
History of Section.
P.L. 1981, ch. 72, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.1 - Poison Prevention Packaging › Section 23-24.1-6. - Compliance required.

§ 23-24.1-6. Compliance required.
Whenever a standard established by the director under this chapter applicable to a household substance is in effect, it shall be in compliance with any federal regulation of it, and no political subdivision of the state shall have any authority either to establish or continue in effect, concerning that household substance, any standard for special packaging (and any exemption from it and requirement related to it) which is not identical to the standard established under § 23-24-3 (and any exemptions from it and requirement related to it).
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.2-7; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-24.1-7; P.L. 1981, ch. 72, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.1 - Poison Prevention Packaging › Section 23-24.1-7. - Effective dates of regulations.

§ 23-24.1-7. Effective dates of regulations.
Except for the standards under the federal act which come in effect under the provisions of § 23-24.1-3, each regulation establishing a special packaging standard shall specify the date the standard is to take effect, which date shall not be sooner than one hundred and eighty (180) days or later than one year from the date the regulation is final, unless the director, for good cause found, determines that an earlier effective date is in the public interest and publishes in a publication with statewide circulation his or her reason for that finding, in which case the earlier date shall apply. No standard shall be effective as to household substances subject to this chapter packaged prior to the effective date of the final regulation.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.2-8; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-24.1-8; P.L. 1981, ch. 72, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-1. - Short title.

§ 23-24.2-1. Short title.
This chapter may be cited as the “Flammable Fabrics Act”.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-2. - Definitions.

§ 23-24.2-2. Definitions.
As used in this chapter:
(1)
“Article of wearing apparel” means any costume or article of clothing worn or intended to be worn by individuals.
(2)
“Attorney general” means the attorney general of the state.
(3)
“Commerce” means the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of the state.
(4)
“Deceptive Trade Practices Act” means chapter 13.1 of title 6.
(5)
“Fabric” means any material (except fiber, filament, or yarn from other than retail sale) woven, knitted, felted, or produced from or in combination with any natural or synthetic fiber, film, or substitute for it which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision (8).
(6)
“Interior furnishing” means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used in homes, offices, or other places of assembly or accommodation.
(7)
“Person” means an individual, partnership, corporation, association, or any other form of business enterprise.
(8)
“Product” means any article of wearing apparel or interior furnishing.
(9)
“Related material” means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision (8).
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-2; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-3. - Prohibited transactions.

§ 23-24.2-3. Prohibited transactions.
(a)
The manufacture for sale, the sale, or the offering for sale, in commerce, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of § 23-24.2-4, shall be unlawful and shall be an unfair method of competition and unfair and deceptive act or practice in commerce under the Deceptive Trade Practices Act, chapter 13.1 of title 6.
(b)
The manufacture for sale, the sale, or the offering for sale of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under § 23-24.2-4 and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Deceptive Trade Practices Act, chapter 13.1 of title 6.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-3; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-5. - Administration and enforcement.

§ 23-24.2-5. Administration and enforcement.
(a)
Except as otherwise specifically provided, §§ 23-24.2-3, 23-24.2-6, 23-24.2-8(b) and this section shall be enforced by the attorney general of Rhode Island under rules, regulations, and procedures provided for in the Deceptive Trade Practices Act, chapter 13.1 of title 6.
(b)
The attorney general is authorized and directed to prevent any person from violating the provisions of § 23-24.2-3, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Deceptive Trade Practices Act were incorporated into and made a part of this chapter; and any person violating any provision of § 23-24.2-3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Deceptive Trade Practices Act as though the applicable terms and provisions of the Deceptive Trade Practices Act were incorporated into and made a part of this chapter.
(c)
The director is authorized and directed to prescribe any rules and regulations, including provisions for maintenance of records relating to fabrics, related materials, and products, that may be necessary and proper for administration and enforcement of this chapter. The violation of those rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Deceptive Trade Practices Act.
(d)
The director is authorized to:
(1)
Cause inspections, analyses, tests, and examinations to be made of any product, fabric, or related material which the director has reason to believe falls within the prohibitions of this chapter; and
(2)
Cooperate on matters related to the purposes of this chapter with any department or agency of federal and Rhode Island state government, or with any department, agency, or political subdivision of these, or with any person.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-5; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-7. - Penalties.

§ 23-24.2-7. Penalties.
Any person who violates § 23-24.2-3 or 23-24.2-8(b) of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five thousand dollars ($5,000) or be imprisoned not more than one year or both in the discretion of the court; provided, that nothing in this section shall limit other provisions of this chapter.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-7; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-8. - Guaranty.

§ 23-24.2-8. Guaranty.
(a)(1)
No person shall be subject to prosecution under § 23-24.2-7 for a violation of § 23-24.2-3 if that person:
(i)
Establishes a guaranty received in good faith, signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of § 23-24.2-4 show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of § 23-24.2-4; and
(ii)
Has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he or she received.
(2)
The guaranty shall be either:
(i)
A separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to that product, fabric, or related material;
(ii)
A continuing guaranty given by the seller to the buyer applicable to any product, fabric, or related material sold or to be sold to the buyer by the seller in a form as the consumer protection unit of the department of attorney general by rules and regulations may prescribe; or
(iii)
A continuing guaranty filed with the consumer protection unit of the department of attorney general applicable to any product, fabric, or related material handled by a guarantor, in any form as the consumer protection unit of the department of attorney general by rules or regulations may prescribe.
(b)
It shall be unlawful for any person to furnish, with respect to any product, fabric, or related material, a false guaranty (except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person by whom the product, fabric or related material guaranteed was manufactured or from whom it was received) with reason to believe the product, fabric, or related material falsely guaranteed may be introduced, sold, or transported in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of competition and an unfair or deceptive act or practice in commerce within the meaning of the Deceptive Trade Practices Act, chapter 13.1 of title 6.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-9. - Interpretation and severability.

§ 23-24.2-9. Interpretation and severability.
The provisions of this chapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other law. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of the chapter and the application of those provisions to any other person or circumstances shall not be affected by this chapter.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-9; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-10. - Exclusions.

§ 23-24.2-10. Exclusions.
The provisions of this chapter shall not apply:
(1)
To any common carrier, contract carrier, or freight forwarder in transporting a product, fabric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business;
(2)
To any converter, processor, or finisher in performing a contract or commission service for the account of a person subject to the provisions of this chapter; provided, that the converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this chapter contrary to the terms of the contract or commission service; or
(3)
To any product, fabric, or related material shipped or delivered for shipment into commerce for the purpose of finishing or processing that product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of § 23-24.2-4.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-10; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-11. - Investigations.

§ 23-24.2-11. Investigations.
(a)
The consumer protection unit of the department of attorney general shall conduct a continuing study and investigation of the deaths, injuries, and economic losses resulting from the accidental burning of products, fabrics, or related materials. The consumer protection unit of the department of attorney general shall submit annually a report to the governor and to the general assembly the results of the study and investigation.
(b)
In cooperation with appropriate public and private agencies, the consumer protection unit of the department of attorney general is authorized to:
(1)
Conduct research into the flammability of products, fabrics, and materials;
(2)
Conduct feasibility studies on reduction of flammability of products, fabrics, and materials;
(3)
Develop flammability test methods and testing devices; and
(4)
Offer appropriate training in the use of flammability test methods and testing devices.
(c)
The consumer protection unit of the department of attorney general shall annually report the results of these activities to the general assembly.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-11; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.2 - Flammable Fabrics › Section 23-24.2-12. - Advisory committee for flammable fabrics.

§ 23-24.2-12. Advisory committee for flammable fabrics.
(a)
The consumer protection unit of the department of attorney general shall appoint a state advisory committee for the Flammable Fabrics Act, composed of not less than nine (9) members who are fairly representative of manufacturers, distributors, and the consuming public. Each member appointed by the consumer protection unit of the department of attorney general shall hold office for not more than two (2) years, except that any member may be reappointed.
(b)
No compensation shall be given to the members of the advisory committee for their services.
(c)
The consumer protection unit of the department of attorney general shall consult with the advisory committee before prescribing flammability standards or other regulations established under this chapter.
History of Section.
P.L. 1977, ch. 90, § 2; G.L. 1956, § 23-38.3-12; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-1. - Legislative findings.

§ 23-24.3-1. Legislative findings.
Some chemical solvents containing toxic chemicals including halogenated hydrocarbons and aromatic hydrocarbons are sold as sewerage system cleaners and degreasers. These chemicals are toxic, generally nonbiodegradable, and are a significant and unnecessary source of water pollution and groundwater contamination. When used to unblock or deodorize sewerage systems, they are introduced into the groundwater where they have adverse effects on the environment and health of the citizens of this state. It is the policy of this state to eliminate the introduction of these chemicals into the groundwaters of this state.
History of Section.
P.L. 1982, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-2. - Definitions.

§ 23-24.3-2. Definitions.
(a)
“Director” means the director of environmental management or his or her designee.
(b)
“Groundwater” means water collected and stored in the saturated zone beneath the ground surface.
(c)
“Person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, or political subdivision of a state.
(d)
“Restricted chemical material” means any solid or liquid material or combination thereof, which contains concentrations in excess of one part per hundred by weight of:
(1)
A halogenated hydrocarbon chemical (aliphatic or aromatic) including, but not limited to, trichloroethane, tetrachloroethylene, methylene chloride, halogenated benzenes, carbon tetrachloride, trichloroethylene, or
(2)
Any aromatic hydrocarbon chemical including, but not limited to, benzene, toluene, naphthalene, or
(3)
Any phenol derivative in which a hydroxy group and two (2) or more halogen atoms are bonded directly to a six (6) carbon aromatic ring including, but not limited to, trichlorophenol, pentachlorophenol, or
(4)
Acrolein, acrylonitrile, or benzidine or any solid or liquid material or combination thereof which is designated a “restricted chemical material” by the director pursuant to § 23-24.3-4.
(e)
“Sewerage system” means any part of a wastewater disposal system including, but not limited to, toilets, piping, drains, sewers, septic tanks, distribution boxes, absorption or leaching fields, seepage pits, cesspools, and drywells.
(f)
“Sewerage system cleaner” means any solid or liquid material or combination of these intended to be used or used primarily for the purpose of cleaning, treating, degreasing, unclogging, disinfecting, deodorizing, or enhancing the functioning of any part of a sewerage system. Excluded from this definition are liquid and solid products intended or used primarily for cleaning, scouring, treating, deodorizing, disinfecting, sanitizing, or sterilizing the surfaces of sinks and toilets and similar common plumbing fixtures.
History of Section.
P.L. 1982, ch. 358, § 1; P.L. 1983, ch. 293, § 1; P.L. 1985, ch. 58, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-3. - Distribution and use prohibited.

§ 23-24.3-3. Distribution and use prohibited.
(a)
No person shall sell, distribute, or offer for sale in any manner any restricted chemical material for use as a sewerage system cleaner in this state.
(b)
No person shall use, introduce, or apply or cause any other person to use, introduce, or apply any restricted chemical material in any sewerage system in this state.
History of Section.
P.L. 1982, ch. 358, § 1.