reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 2 - White Pine Blister Rust › Section 2-17-12. - Destruction of uninfected plants.

§ 2-17-12. Destruction of uninfected plants.
If, in the opinion of the director of environmental management or his or her appointed agents, it becomes necessary to destroy five (5) leaved pines or species of the genus ribes not actually infected with the disease, the owner may receive compensation for any species of the genus ribes it becomes necessary to destroy, if he or she makes demand within twenty-four (24) hours after notification from the department of the intention to destroy the species. In case any owner makes demand for compensation for the property it becomes necessary to destroy, application shall be made to the director to appoint some qualified disinterested person to appraise the value of the species of the genus ribes that it becomes necessary to destroy, and the destruction of the property shall be deferred pending the appraisal of the value of the property. The appraiser shall, upon appraising the value of property that it becomes necessary to destroy, certify the facts of the appraisal to the department of environmental management and the amount of the appraised value of the property shall be paid to the owner of the property, and the destruction of the property shall proceed.
History of Section.
P.L. 1917, ch. 1540, § 4; G.L. 1923, ch. 286, § 4; G.L. 1938, ch. 229, § 4; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-12.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 2 - White Pine Blister Rust › Section 2-17-13. - Local appropriations.

§ 2-17-13. Local appropriations.
Any town or city may make any appropriation it deems necessary towards the suppression of the nuisance within its limits, and may appoint an official with any powers and limitation it shall prescribe, to expend its appropriations in cooperation with the department of environmental management.
History of Section.
P.L. 1917, ch. 1540, § 5; G.L. 1923, ch. 286, § 5; G.L. 1938, ch. 229, § 5; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-13.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 2 - White Pine Blister Rust › Section 2-17-14. - Unlawful importation or transportation.

§ 2-17-14. Unlawful importation or transportation.
Any person importing into this state, or transporting from place to place within this state, contrary to the rules or regulations of the director of environmental management, any five (5) leaved pines or species of the genus ribes, shall be fined not to exceed one hundred dollars ($100).
History of Section.
P.L. 1917, ch. 1540, § 6; G.L. 1923, ch. 286, § 6; G.L. 1938, ch. 229, § 6; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-14.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 2 - White Pine Blister Rust › Section 2-17-15. - Obstruction — Violations.

§ 2-17-15. Obstruction — Violations.
Any person who willfully resists or obstructs any official or agent appointed by the director of environmental management while lawfully engaged in the execution of the purposes of §§ 2-17-9 — 2-17-16 or who violates the provisions of § 2-17-14, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding twenty-five dollars ($25.00) for each offense.
History of Section.
P.L. 1917, ch. 1540, § 7; G.L. 1923, ch. 286, § 7; G.L. 1938, ch. 229, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-15.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 2 - White Pine Blister Rust › Section 2-17-16. - Prosecution of violations.

§ 2-17-16. Prosecution of violations.
All prosecutions under the provisions of §§ 2-17-9 — 2-17-16 shall be instituted by the director of environmental management, and shall be directed by him or her, and all penalties recovered for the violation of any of the provisions of §§ 2-17-9 — 2-17-16 shall be paid into the treasury of the state.
History of Section.
P.L. 1917, ch. 1540, § 9; G.L. 1923, ch. 286, § 8; G.L. 1938, ch. 229, § 8; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-16.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 3 - Dutch Elm Disease › Section 2-17-17. - Plan for suppression.

§ 2-17-17. Plan for suppression.
On the basis of the latest scientific knowledge available, the director of the department of environmental management shall prepare a plan in detail of the proper course of action to be taken to suppress, as far as possible, the spread of Dutch elm disease.
History of Section.
P.L. 1954, ch. 3365, § 1; G.L. 1956, § 2-17-17.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 3 - Dutch Elm Disease › Section 2-17-18. - Reimbursement of cities and towns for suppression.

§ 2-17-18. Reimbursement of cities and towns for suppression.
Whenever any city or town expends funds for the suppression or elimination of Dutch elm disease in conformity with the plan created pursuant to § 2-17-7, it may request reimbursement from the state to the extent of one-half (½) of the total cost of labor and material used in that work. The work and cost records involved shall be inspected and approved by the director of environmental management, or his or her deputies, before reimbursement is made by the state.
History of Section.
P.L. 1954, ch. 3365, § 2; G.L. 1956, § 2-17-18; P.L. 1987, ch. 78, § 9.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 3 - Dutch Elm Disease › Section 2-17-19. - Appropriations and disbursements.

§ 2-17-19. Appropriations and disbursements.
The general assembly shall annually appropriate any sums that are deemed necessary by the director of environmental management to carry out the provisions of §§ 2-17-17 — 2-17-20, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums, or so much as may be required from time to time, upon receipt by him or her of proper vouchers approved by the director of environmental management.
History of Section.
P.L. 1954, ch. 3365, § 3; G.L. 1956, § 2-17-19.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 3 - Dutch Elm Disease › Section 2-17-20. - Research in Dutch elm and related diseases.

§ 2-17-20. Research in Dutch elm and related diseases.
The director of the department of environmental management shall, upon receipt of a mutually acceptable budget from the director of the agricultural experiment station of the university of Rhode Island, incorporate that item in his or her annual departmental budget so as to support adequately the necessary research on the Dutch elm and related wilt disease problems of trees. The research shall consist of development and perfection of agents and techniques to be used in the prevention and/or suppression of those diseases. The director of environmental management shall, and he or she is authorized to, transfer in lump sum moneys appropriated for this research program to the director of the agricultural experiment station, and those funds shall be maintained in a special fund to be used explicitly for those studies. Findings accruing from these investigations shall be made public information.
History of Section.
P.L. 1954, ch. 3365, § 4; G.L. 1956, § 2-17-20.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 4 - Asian Longhorned Beetle & Emerald Ash Borer › Section 2-17-21. - Nuisance.

§ 2-17-21. Nuisance.
The Asian longhorned beetle, Anoplophora glabripennis, a native insect pest of China, is known to be a serious insect pest to several tree species within the United States, including, but not limited to, maples, willows, poplars, birch, London Plane, and elms. The emerald ash borer, Agrilus planipennis, also a native insect pest from Asia, is also known to be a serious insect pest to several types of ash trees within the United States, including, but not limited to, green ash, white ash, and black ash. All of the at-risk trees are part of the natural environment of Rhode Island and occur on many of the state’s public and private lands, contributing to their value and health. Additionally these insects pose substantive risk to the Rhode Island nursery and landscape industry plant materials and market opportunities. Accordingly, the Asian longhorned beetle and emerald ash borer are hereby declared to be public nuisances, and their suppression is authorized and required. No owner or occupant of an estate infested with either or both nuisances is by reason of that infestation liable to an action, civil or criminal, except to the extent and in the manner and form set forth in §§ 2-17-22 — 2-17-24.
History of Section.
P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 4 - Asian Longhorned Beetle & Emerald Ash Borer › Section 2-17-22. - Unlawful importation or transportation.

§ 2-17-22. Unlawful importation or transportation.
Any person importing into this state, or transporting from place to place within this state, contrary to quarantine and transport rules or regulations of the United States department of agriculture/animal, and plant, health inspection service (APHIS) or the director of the department of environmental management governing the Asian longhorned beetle or emerald ash borer, any regulated articles, as defined below in § 2-17-23, shall be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each offense, assessed in accordance with chapter 42-17.6 and the rules and regulations promulgated pursuant thereto.
History of Section.
P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 4 - Asian Longhorned Beetle & Emerald Ash Borer › Section 2-17-23. - Regulated articles.

§ 2-17-23. Regulated articles.
(a)
Regulated articles shall mean any of the following raw wood materials taken or harvested from a quarantined area: any living, dead, standing, cut or fallen tree, inclusive of nursery stock, or any piece or portion thereof measuring a half inch or more in diameter, including any branches, logs, stumps, roots, or chips, firewood, or green lumber. Kiln-dried lumber and manufactured or finished wooden products are not considered regulated articles pursuant to § 2-17-22.
(b)
Regulated articles shall also include any other article, regardless of its place of origin, found to be infested by the Asian longhorned beetle or emerald ash borer if an authorized state or federal inspector notifies the person in possession of the article that it is infested and therefore subject to the quarantine and transport rules or regulations of APHIS or the director of the department of environmental management.
(c)
Regulated articles shall also include any other article designated as a regulated article pursuant to any duly promulgated amendments to the quarantine and transport rules or regulations of APHIS or the director of the department of environmental management.
History of Section.
P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-17 - Diseases and Parasites › Part 4 - Asian Longhorned Beetle & Emerald Ash Borer › Section 2-17-24. - Prosecution of violations.

§ 2-17-24. Prosecution of violations.
All state prosecutions under the provisions of §§ 2-17-21 — 2-17-23 shall be instituted by the director of the department of environmental management, and shall be directed by him or her, and all penalties recovered for the violation of any of the provisions of §§ 2-17-21 — 2-17-23 shall be paid into the treasury of the state.
History of Section.
P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18 - Nurseries and Nursery Stock › Section 2-18-9. - Abatement of plant diseases as nuisance — Liability for cost.

§ 2-18-9. Abatement of plant diseases as nuisance — Liability for cost.
The chief entomologist and the director of environmental management, or either of them, may personally or through his or her deputies inspect any orchard, garden, field or roadside in public or private grounds which he or she knows, or has reason to suspect, is infested with any seriously injurious insect pests or plant diseases when, in his or her judgment, the presence of those pests or plant diseases are a nuisance to adjoining owners and shall give any instructions and directions that may be necessary in order that the nuisance may be abated. If the owner or person in charge of the trees or other plants constituting the nuisance fails within a reasonable time to follow the directions of the chief entomologist and the director of environmental management, and abate the nuisance, the chief entomologist and the director of environmental management may cause the necessary work to be done and the cost of that work shall be charged to that owner or person in charge of the trees or other plants, and the actual cost of the work shall be recovered in an action of the case to be brought by the general treasurer and the money received paid into the treasury of the state to be added to the regular annual appropriation of the department of environmental management.
History of Section.
P.L. 1913, ch. 940, § 8; G.L. 1923, ch. 282, § 14; G.L. 1938, ch. 226, § 13; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-18-9.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18 - Nurseries and Nursery Stock › Section 2-18-10. - Penalty for violations.

§ 2-18-10. Penalty for violations.
Any person, firm or corporation violating § 2-18-9 or offering any hindrance to the carrying out of any part of this section, shall be adjudged guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each offense.
History of Section.
P.L. 1913, ch. 940, § 11; G.L. 1923, ch. 282, § 17; G.L. 1938, ch. 226, § 15; G.L. 1956, § 2-18-10.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18 - Nurseries and Nursery Stock › Section 2-18-11. - Rules and regulations — Revocation of license by director.

§ 2-18-11. Rules and regulations — Revocation of license by director.
The director of environmental management has the power to prescribe any general rules and regulations, not contrary to law, that may in his or her opinion facilitate the carrying out of the provisions of this chapter, and may revoke any certificate or license issued by the director, if in his or her opinion that action is necessary.
History of Section.
P.L. 1913, ch. 940, § 9; G.L. 1923, ch. 282, § 15; G.L. 1938, ch. 226, § 14; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-18-11.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18 - Nurseries and Nursery Stock › Section 2-18-12. - Appeals from chief entomologist to director.

§ 2-18-12. Appeals from chief entomologist to director.
Any person aggrieved by any order made by the chief entomologist may appeal to the director of environmental management. The person may file with the director of environmental management, within five (5) days after the order is made or issued by the chief entomologist, a claim of appeal from the order, the appeal to be in writing.
History of Section.
P.L. 1913, ch. 940, § 12; G.L. 1923, ch. 282, § 18; G.L. 1938, ch. 226, § 16; G.L. 1956, § 2-18-12.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18 - Nurseries and Nursery Stock › Section 2-18-13. - Prosecution of offenses.

§ 2-18-13. Prosecution of offenses.
All prosecutions under the provisions of §§ 2-18-9 — 2-18-13 shall be instituted by the director of environmental management, and shall be directed by him or her, and all penalties recovered for the violation of any of the provisions of those sections shall be paid into the treasury of the state. In prosecutions for violation of any provisions of §§ 2-18-9 — 2-18-13 commenced by the director, it is not necessary that he or she enter into recognizance or give surety for costs to prosecute those violations.
History of Section.
P.L. 1913, ch. 940, §§ 13, 14; G.L. 1923, ch. 282, §§ 19, 20; C.L. 1938, ch. 226, §§ 17, 18; G.L. 1956, § 2-18-13.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-1. - Short title.

§ 2-18.1-1. Short title.
This chapter shall be known by the short title of “The Rhode Island nursery law”.
History of Section.
G.L. 1956, § 2-18.1-1, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-3. - Authority to inspect — Access to nursery, heeling-in grounds or other place of business.

§ 2-18.1-3. Authority to inspect — Access to nursery, heeling-in grounds or other place of business.
For the purpose of making inspections and carrying out the provisions of this chapter and any rule and regulation made in pursuance of this chapter, the director or his or her authorized agents have free access at any reasonable hour to any nursery, heeling-in grounds, place of business, or other public or private premises, except dwelling quarters, where it may be necessary for them to go, or which it may be necessary for them to inspect in the performance of their duties. It is unlawful to deny access to the director or his or her authorized agents, or to thwart or hinder these inspections by misrepresenting or concealing facts or conditions.
History of Section.
G.L. 1956, § 2-18.1-3, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-4. - Inspection of nursery stock before sale or distribution.

§ 2-18.1-4. Inspection of nursery stock before sale or distribution.
It is unlawful for any person to sell, to offer for sale, to distribute or cause to be distributed from a nursery or other premises, any nursery stock, until the nursery stock has been officially inspected by the director and certified as apparently free from injurious insects and plant diseases, or unless there has been issued with regard to that nursery stock, by an authorized plant regulatory official of another state, or the federal government, a valid certificate attesting to freedom from injurious insects and plant diseases.
History of Section.
G.L. 1956, § 2-18.1-4, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-5. - Shipments from foreign countries.

§ 2-18.1-5. Shipments from foreign countries.
Any person receiving any nursery stock from a foreign country shall immediately notify the director of the arrival of the shipment, the contents, and the name and address of the consignor, and shall hold the shipment for at least ninety-six (96) hours to enable the director to make an official inspection of the nursery stock.
History of Section.
G.L. 1956, § 2-18.1-5, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-6. - Nursery inspection and certification.

§ 2-18.1-6. Nursery inspection and certification.
(a)
It is the duty of the director to inspect at least once each year during the growing season, all nurseries in the state of Rhode Island to ascertain whether they are infested with injurious insect pests or infected with injurious plant diseases. If upon the inspection of any nursery it appears that the nursery and the nursery stock are apparently free from injurious insects and plant diseases, it is the duty of the director to issue to the owner of the nursery, or the person in charge of the nursery, a certificate setting forth the fact of the inspection and freedom from injurious insects and plant diseases. Conversely, if inspection of any nursery and the stock reveals the presence of injurious insects and/or plant diseases, the owner or person in charge of the nursery shall take any measures to suppress or eradicate these injurious insects and/or plant diseases that the director prescribes, and a certificate shall not be issued until the director, by subsequent inspections, determines that the nursery and stock are apparently free from injurious insects and plant diseases.
(b)
Notwithstanding subsection (a), the director may refuse to inspect and certify a nursery if the nursery, for lack of care or neglect, is in such condition that it cannot be adequately inspected.
History of Section.
G.L. 1956, § 2-18.1-6, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-7. - Certificates.

§ 2-18.1-7. Certificates.
Nursery inspection certificates issued by the director shall bear the date of issue and be valid until the fifteenth of September following their issuances. The director limits the expiration date whenever it is necessary to insure freedom from pests of the nursery stock so inspected and certified, and, in the case of stock that is shipped out of state, it is permissible to designate a different expiration date when the date has been agreed upon in writing between the director and the plant regulatory officials of the state of destination.
History of Section.
G.L. 1956, § 2-18.1-7, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-8. - What nursery stock may be offered for sale.

§ 2-18.1-8. What nursery stock may be offered for sale.
Only certified nursery stock, stored or displayed under conditions which will maintain its vigor shall be offered for sale. Offering for sale of dead nursery stock or of stock so seriously weakened by drying, excessive heat or cold or any other condition that makes it unable to grow satisfactorily when given reasonable care is deemed a violation of the provisions of this chapter.
History of Section.
G.L. 1956, § 2-18.1-8, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-9. - Nursery worker’s licenses — Nonlicensed growers.

§ 2-18.1-9. Nursery worker’s licenses — Nonlicensed growers.
(a)
No person shall engage as a nursery worker in this state without first obtaining a nursery worker’s license from the department. The license expires on March 31 of each year, and application for renewal of license shall be made annually prior to that date. Applications for license or renewal of license shall be in writing, on a form prescribed by the department, and be accompanied by a fee of fifty dollars ($50.00). Each applicant for a nursery worker’s license shall certify that he or she will buy and distribute only nursery stock which has been officially inspected and certified and that he or she will, on request of the department, furnish a list of all sources from which he or she secures nursery stock and of all of his or her places of business where he or she sells that stock. No license is transferable.
(b)
Any park, arboretum, forestry department, or any other state or municipal agency growing nursery stock solely for use on its own property or in connection with public reforestation projects are exempt from obtaining a license and are not considered to be operating commercial nurseries, but are required to register annually with the director, and are made subject to any of the inspection and the certification requirements of this chapter that may apply.
History of Section.
G.L. 1956, § 2-18.1-9, as assigned, P.L. 1962, ch. 132, § 1; P.L. 1992, ch. 133, art. 22, § 4.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-10. - Dealer’s license.

§ 2-18.1-10. Dealer’s license.
Every dealer, before offering nursery stock for sale or distribution or soliciting orders for nursery stock in Rhode Island, shall obtain a dealer’s license for each place of business from the department. The license expires on March 31 of each year, and application for renewal of a license shall be made annually prior to that date. A dealer’s license is nontransferable. Applications for license or renewal of a license shall be in writing on a form prescribed by the department, and be accompanied by a fee of fifty dollars ($50.00). Each applicant for a license certifies that he or she will buy and distribute only nursery stock which has been officially inspected and certified, and that he or she will maintain with the department a list of all sources from which he or she secures nursery stock and all places of business which he or she maintains.
History of Section.
G.L. 1956, § 2-18.1-10, as assigned, P.L. 1962, ch. 132, § 1; P.L. 1992, ch. 133, art. 22, § 4.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-11. - Reasons for withholding or revoking a license or certificate.

§ 2-18.1-11. Reasons for withholding or revoking a license or certificate.
The director may withhold, suspend or revoke any license or certificate of inspection provided that upon ten (10) days’ notice, in writing, forwarded by registered or certified mail to the applicant or holder of the license or certificate, stating the contemplated action and in general the grounds for the action, and after reasonable opportunity to be heard, the director shall find that the person has:
(1)
Made any material misstatement in his or her application for license;
(2)
Failed to comply with the requirements of the director with reference to freeing his or her nursery stock of injurious insect pests and plant diseases;
(3)
Failed to provide adequate facilities for storing or displaying nursery stock being offered for sale under conditions needed to maintain its vigor; or
(4)
Knowingly permitted the use of his or her license or certificate by another person.
History of Section.
G.L. 1956, § 2-18.1-11, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-12. - Reinstatement of license or certificate.

§ 2-18.1-12. Reinstatement of license or certificate.
The director may grant or reinstate any license or certificate of inspection which has been withheld, suspended or revoked if the conditions which incited the withholding, suspension or revocation have been corrected and the director is satisfied, as a result of investigation, that the conditions are not likely to recur.
History of Section.
G.L. 1956, § 2-18.1-12, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-13. - Registration of agents.

§ 2-18.1-13. Registration of agents.
Every agent selling or soliciting orders for nursery stock in Rhode Island must be registered with the department by his or her principal.
History of Section.
G.L. 1956, § 2-18.1-13, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-14. - Reciprocal agreements.

§ 2-18.1-14. Reciprocal agreements.
(a)
Nursery workers, dealers, or other persons residing or doing business in another state, desiring to sell or solicit orders for nursery stock in this state, are, upon complying with all other provisions of this chapter and all rules and regulations promulgated under this chapter, and upon payment of the fee of fifty dollars ($50.00), entitled to a dealer’s license permitting those persons and/or their registered agents to sell or solicit orders for certified nursery stock within this state.
(b)
Notwithstanding subsection (a), the director may enter into reciprocal agreements with the responsible plant regulatory officials of other states for the recognition of official inspection certificates, under which certified nursery stock owned by nursery workers, dealers or other persons from those states may be sold and delivered in this state without the payment of a Rhode Island license fee, if like privileges are accorded to Rhode Island nursery workers and dealers in those other states, and the department finds that those other states, before issuing official inspection certificates require inspection equal to that required in Rhode Island, except that any nonresident nursery worker, dealer, or other person having a place of business in this state shall obtain a dealer’s license and pay all license fees as required in this chapter.
History of Section.
G.L. 1956, § 2-18.1-14, as assigned, P.L. 1962, ch. 132, § 1; P.L. 1998, ch. 131, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-15. - Nonresidents.

§ 2-18.1-15. Nonresidents.
Nonresident nursery workers, dealers and other persons, wishing to ship nursery stock into Rhode Island, whether or not licensed as dealers in Rhode Island, shall first file with the director a copy of a valid, unexpired certificate showing that the stock sold by that person has been officially inspected and found to be apparently free of injurious insects and plant diseases or to supply any other evidence that the director may set forth as being equivalent to the filing of certificate, and shall, if required by the director, comply with any regulations that the director may designate, regarding the use of uniform shipping tags, or any other regulations that the director may prescribe to facilitate the enforcement of this chapter. The director may require the nonresident nursery workers, dealers or other persons to notify him or her of the date of shipping, and the destination of nursery stock intended for any consignee within this state.
History of Section.
G.L. 1956, § 2-18.1-15, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-16. - Collected plants.

§ 2-18.1-16. Collected plants.
(a)
No collected plants shall be transported within this state or placed in any nursery or in close proximity to any certified nursery stock unless they have first been inspected and found to be apparently free of injurious insects and plant disease. Inspection of collected plant stock shall be made after digging or removal from the native habitat, and shall be made in a place designated by the director.
(b)
The director may require that all collected stock be labelled as collected stock until the plants have been grown under cultivation in a nursery for one calendar year.
History of Section.
G.L. 1956, § 2-18.1-16, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-17. - Horticultural services.

§ 2-18.1-17. Horticultural services.
The licensing and registration requirements of this chapter do not apply to any licensed arborist, landscape architect, private gardener, or servant on private estates, whose function is that of providing services, when obtaining or transporting certified nursery stock for which the nursery worker’s or dealer’s price has been paid in full by his or her employer or master.
History of Section.
G.L. 1956, § 2-18.1-17, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-18. - Labelling imported stock.

§ 2-18.1-18. Labelling imported stock.
(a)
All nursery stock shipped into this state from any country, state, commonwealth, province, territory, or the District of Columbia, shall bear on each box, package, bale, container, bundle, or other unit, a certificate of inspection, its facsimile, or an official tag, stating that the nursery stock contained within or bundled has been inspected by an authorized plant regulatory officer of the state of origin or of the United States department of agriculture, and that the stock was found to be free from all injurious insects and plant diseases. Any container or bundle bearing a certificate of fumigation or other treatment which meets the requirements specified in regulations made under the authority of § 2-18.1-21 may be accepted as though bearing a proper certificate of inspection.
(b)
In case nursery stock is brought into this state without the required certificate of inspection or treatment, the consignee is required to return it to the consignor at the expense of the latter.
History of Section.
G.L. 1956, § 2-18.1-18, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-19. - Common carrier.

§ 2-18.1-19. Common carrier.
No transportation company or common carrier shall accept for transportation within this state, or deliver any box, bundle, package, bale, container, or other unit containing or consisting of nursery stock to any consignee within the state, unless the container or package has attached to it a copy of the official tag or certificate of inspection as required by this chapter and the regulations of the director. No common carrier or transportation company is liable for damages to the consignee or consignor for refusing to receive, transport or deliver any box, bundle, package, bale, container, or other unit containing or consisting of nursery stock to any consignee within the state, when not accompanied by the required tag or certificate. In case any nursery stock is shipped within this state without the certificate plainly affixed, the fact must be promptly reported to the department by the carrier, stating the consignor and the consignee and the nature of the shipment, and the carrier may be required to hold the shipment subject to the order of the director.
History of Section.
G.L. 1956, § 2-18.1-19, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-20. - Inspection of imported stock — Disposition of infested stock.

§ 2-18.1-20. Inspection of imported stock — Disposition of infested stock.
The director has the power to inspect at the point of destination all nursery stock coming into the state, whether under certificate or not, and should the stock be found infested with any injurious insects or plant diseases, he or she shall cause it to be destroyed, returned to the consignor, or subjected to any disinfecting or disinfesting procedure that he or she specifies, and the state is not liable to the consignor for expenses of shipping or treatment or for any damage which he or she may suffer through that action.
History of Section.
G.L. 1956, § 2-18.1-20, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-21. - Treatment.

§ 2-18.1-21. Treatment.
The director may designate by rule or regulation any fumigation or other disinfestation or disinfection procedures, the carrying out of which, when certified to, or sworn to, in a manner and under any conditions that he or she specifies, will be acceptable to him or her in place of the customary certificate of inspection.
History of Section.
G.L. 1956, § 2-18.1-21, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-22. - Misrepresentation.

§ 2-18.1-22. Misrepresentation.
It is unlawful for any person to misrepresent, by name or otherwise, that he or she is a nursery worker or conducts a nursery business when this is not the case. This shall not apply to any person, firm, or corporation on record as doing business and building good will under this type of name prior to February 1, 1963.
History of Section.
G.L. 1956, § 2-18.1-22, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-23. - Enforcement.

§ 2-18.1-23. Enforcement.
It is the duty of the director of environmental management to enforce the provisions of this chapter, and all other laws for the inspection of orchards, nurseries, and other trees and shrubs and the protection of these objects from injurious insects and plant diseases.
History of Section.
G.L. 1956, § 2-18.1-23, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-24. - Additional authority of the director.

§ 2-18.1-24. Additional authority of the director.
The director is authorized and empowered:
(1)
To make rules and regulations for carrying out the provisions of this chapter;
(2)
To employ any assistants necessary to enable him or her to discharge his or her duty in carrying out the provisions of this chapter; and
(3)
To grant special shipping certificates to residents of this state on individual shipments of nursery stock or other plants and plant products in compliance with the plant inspection and plant quarantine regulations of the state of destination.
History of Section.
G.L. 1956, § 2-18.1-24, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-24.1. - License fees — Apportionment.

§ 2-18.1-24.1. License fees — Apportionment.
(a)
One-fifth (⅕) of all license fees received by the director under the provisions of this chapter shall be paid over to the general treasurer and deposited within the general fund, and four-fifths (⅘) of the funds collected shall be deposited into a separate fund within the general fund to be called the “nursery, feed and fertilizer quality testing fund,” administered by the general treasurer in accordance with the same laws and fiscal procedures as the general fund of the state. This fund consists of all nursery worker’s license fees, dealers’ license fees, and fertilizer registration fees paid pursuant to §§ 2-18.1-9, 2-18.1-10, 2-7-4 and 2-7-6.
(b)
That proportion of moneys placed in the nursery, feed and fertilizer testing fund collected from §§ 2-18.1-9 and 2-18.1-10 are available immediately, and are specifically appropriated to the director for the following purpose, for payment of ancillary services, personnel and equipment incurred in order to carry out the purposes of this chapter.
History of Section.
P.L. 1992, ch. 133, art. 22, § 5.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-25. - Review of orders.

§ 2-18.1-25. Review of orders.
Any person affected by any order made or served pursuant to this chapter may have a review of the order by the director and from his or her decision may appeal to the courts for the purpose of having the order modified or suspended. Application for review may be made to the director, in writing, within ten (10) days after the receipt of the order and the review shall be allowed and considered by the director at any time and place that the director may prescribe.
History of Section.
G.L. 1956, § 2-18.1-25, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-26. - Penalties for violations.

§ 2-18.1-26. Penalties for violations.
Any person who violates any of the provisions of this chapter with reference to:
(1)
The sale, distribution, receipt or delivery of nursery stock which has not been inspected and certified;
(2)
The sale or offering for sale of nursery stock without first obtaining a license as provided for in this chapter;
(3)
The use of a license or a certificate of inspection after it has been revoked or suspended or has expired;
(4)
The use of a license or certificate of inspection belonging to another person;
(5)
The offering of any hindrance or resistance to the carrying out of the provisions of this chapter; or
(6)
The violation of any other provision of this chapter, or any rule or regulation of the director made in pursuance of this chapter;
shall, upon conviction, be adjudged guilty of a misdemeanor and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each and every offense.
History of Section.
G.L. 1956, § 2-18.1-26, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-27. - Prosecution of offenses.

§ 2-18.1-27. Prosecution of offenses.
All prosecutions of violations under the provisions of this chapter shall be instituted by the director and be directed by him or her, and all penalties recovered for the violation of any provisions of this chapter shall be paid into the treasury of the state. In prosecutions for violation of any provisions of this chapter commenced by the director, it is not necessary that he or she enter into recognizance or give surety for costs to prosecute these violations.
History of Section.
G.L. 1956, § 2-18.1-27, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-18.1 - Rhode Island Nursery Law › Section 2-18.1-28. - Severability.

§ 2-18.1-28. Severability.
If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision does not affect the validity of the remaining portions of this chapter.
History of Section.
G.L. 1956, § 2-18.1-28, as assigned, P.L. 1962, ch. 132, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-19 - Arborists › Section 2-19-1. - Practices subject to chapter.

§ 2-19-1. Practices subject to chapter.
The term arborist as used in this chapter means any person, firm or corporation who makes a business or practice of pruning, trimming, spraying or repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and shrubs. The provisions of this chapter shall not apply to the Rhode Island resource recovery corporation established in chapter 23-19.
History of Section.
P.L. 1928, ch. 1203, § 1; G.L. 1938, ch. 227, § 1; G.L. 1956, § 2-19-1; P.L. 2013, ch. 451, § 1; P.L. 2013, ch. 482, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-19 - Arborists › Section 2-19-2. - Issuance of license — Fee.

§ 2-19-2. Issuance of license — Fee.
Any person, firm or corporation desiring to engage in or practice the art or trade of arborist, as defined in § 2-19-1, shall obtain a license to engage or practice from the director of environmental management. The director is authorized to grant licenses to practice that art or trade and require that the applicant for the license pass an examination showing fitness to engage in that art or trade, and the director shall charge a fee as determined by regulation as authorized in § 2-10-3.1. This fee shall not exceed twenty-five dollars ($25.00).
History of Section.
P.L. 1928, ch. 1203, § 2; G.L. 1938, ch. 227, § 2; G.L. 1956, § 2-19-2; P.L. 1960, ch. 74, § 1; P.L. 1992, ch. 133, art. 23, § 6.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-19 - Arborists › Section 2-19-3. - Rules and regulations — Examination for license.

§ 2-19-3. Rules and regulations — Examination for license.
The director of the department of environmental management is authorized to make rules and regulations governing the practice of arborists and shall demand any person, firm, or corporation desiring to engage in the art or trade of treating and caring for trees as defined in § 2-19-1, that he, she, or it pass an examination to show his, her, or its ability or capability to practice the art or trade of arborist. The director is further authorized to make rules and regulations to carry out the provisions of this chapter, including rules and regulations governing mulching operations and arboriculture operations as those terms are defined in § 2-19-4.1.
History of Section.
P.L. 1928, ch. 1203, § 3; G.L. 1938, ch. 227, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-19-3; P.L. 2013, ch. 451, § 1; P.L. 2013, ch. 482, § 1; P.L. 2016, ch. 511, art. 1, § 2.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-19 - Arborists › Section 2-19-4. - Disposition of license fees.

§ 2-19-4. Disposition of license fees.
One-fifth (⅕) of all funds collected for licensing in this chapter shall, by the director of environmental management, be paid over to the general treasurer and deposited within the general fund, and four-fifths (⅘) of the funds collected shall be deposited in the state forestry fund as provided for in § 2-10-3.
History of Section.
P.L. 1928, ch. 1203, § 4; G.L. 1938, ch. 227, § 4; G.L. 1956, § 2-19-4; P.L. 1992, ch. 133, art. 23, § 6.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-19 - Arborists › Section 2-19-4.1. - Arboriculture and mulching operations defined.

§ 2-19-4.1. Arboriculture and mulching operations defined.
(a)
As used in this chapter:
(1)
“Arboriculture” means the business or practice of pruning, trimming, spraying or repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and shrubs.
(2)
“Mulch” means any type of forest material, vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, tree and shrub roots, tree trunks, branches, leaves and tree stumps, that is produced for the purpose of spreading or application over the surface of the soil as a protective cover, to retain moisture, reduce erosion, provide nutrients, and suppress weed growth, seed germination and for general landscaping purposes.
(3)
“Mulching operation” means any commercial enterprise operating on at least five (5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this chapter, and has as its primary purpose the production or storage of mulch.
(4)
“Arboriculture operations” means any commercial enterprise operating on at least five (5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this chapter, and has as its primary purpose arboriculture.
(b)
Arboriculture operations and mulching operations shall be subject to the requirements of chapter 2-15.
History of Section.
P.L. 2013, ch. 451, § 2; P.L. 2013, ch. 482, § 2.