reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-6. - Inspection, sampling, analysis.

§ 2-22-6. Inspection, sampling, analysis.
(a)
It is the duty of the director of environmental management, who may act through his or her authorized agent, to sample, inspect, make analyses, and test soil amendments distributed within the state at any time and place and to any extent he or she may deem necessary to determine whether the soil amendments are in compliance with the provisions of this chapter. The director, individually or through his or her agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to soil amendments subject to the provisions of the chapter and the rules and regulations pertaining to soil amendments, and to the records relating to their distribution.
(b)
The methods of analysis and sampling shall be those adopted by the director from sources such as the association of official analytical chemists, or other sources acceptable to the director.
(c)
The results of official analyses of soil amendments and portions of official samples shall be distributed by the director as provided in the regulations.
History of Section.
P.L. 1977, ch. 165, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-7. - Penalties for deficient analysis.

§ 2-22-7. Penalties for deficient analysis.
(a)
If the analysis shows that any soil amendment falls short of the guaranteed analysis in any one soil amending ingredient or in total soil amending ingredients, a penalty shall be assessed in favor of the department in accordance with the following provisions:
(1)
A penalty of three (3) times the value of the deficiency if the deficiency in any one soil amending ingredient is more than:
(i)
Twenty percent (20%) of the guarantee on any one soil amendment in which the soil amending ingredient is guaranteed up to and including twenty percent (20%);
(ii)
Four percent (4%) under guarantee on any one soil amendment in which the soil amending ingredient is guaranteed twenty and one-tenth percent (201/10%) and above;
(2)
A penalty of three (3) times the value of the total soil amending ingredients deficiency is assessed when the total deficiency is more than two percent (2%) under the calculated total soil amending ingredient guarantee;
(3)
When a soil amendment is subject to penalty under both subdivisions (1) and (2) of this subsection, only the larger penalty is assessed.
(b)
All penalties assessed under this section shall be paid to the director of environmental management within three (3) months after the date of notice from the director to the registrant. The penalty shall be deposited into the general treasury.
(c)
Nothing contained in this section prevents any person from appealing to a court of competent jurisdiction for a judgment as to the justification of any penalties imposed under subsections (a) and (b) of this section.
(d)
The penalties payable in subsections (a) and (b) of this section shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying those civil penalties.
(e)
For the purpose of determining commercial values to be applied under the provisions of this section, the director shall determine from the registrant’s sales invoice the values charged for the soil amending ingredients. If no invoice is available, or if the invoice fails to provide sufficient information, the director may use other methods to determine values. The values determined shall be used in determining and assessing penalties.
History of Section.
P.L. 1977, ch. 165, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-8. - Misbranding.

§ 2-22-8. Misbranding.
No person shall distribute a misbranded soil amendment. A soil amendment is deemed to be misbranded if:
(a)
Its labeling is false or misleading in any particular;
(b)
It is distributed under the name of another soil amendment;
(c)
It is not labeled as required in §§ 2-22-4 and 2-22-5 and in accordance with regulations prescribed under this chapter;
(d)
It purports to be or is represented as a soil amendment, unless that soil amendment conforms to the definitions of identity, if any, prescribed by regulation of the director of environmental management; in the adopting of those regulations, the director shall give due regard to commonly accepted definitions and official terms such as those issued by the association of American plant food control officials; or
(e)
It does not conform to ingredient form, minimums, labeling and investigational allowances in the regulations adopted by the director.
History of Section.
P.L. 1977, ch. 165, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-9. - Stop sale, use, or removal orders.

§ 2-22-9. Stop sale, use, or removal orders.
The director of environmental management may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the director finds the soil amendment is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and the soil amendment is released in writing by the director, or the violation has been otherwise legally disposed of by written authority. The director shall release the soil amendment withdrawn when the requirements of the provisions of the chapter are complied with and all costs and expenses incurred in connection with the withdrawn soil amendment have been paid.
History of Section.
P.L. 1977, ch. 165, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-10. - Penalties for violations.

§ 2-22-10. Penalties for violations.
(a)
Any person convicted of violating any provision of this chapter or the rules and regulations promulgated under this chapter is subject to a penalty of not less than one hundred dollars ($100). The penalty shall not be greater than five thousand dollars ($5,000) or in addition to the penalty, the violator’s registration fee shall be increased four hundred percent (400%) for the four (4) years subsequent to the penalty. All penalties shall be enforced by a summary proceeding in a court of competent jurisdiction. Nothing in this chapter shall be construed as requiring the director of environmental management or his or her authorized agent to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when he or she believes that the public interest will best be served by a suitable written warning.
(b)
The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction to be issued without bond.
History of Section.
P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-11. - Rules and regulations.

§ 2-22-11. Rules and regulations.
The director of environmental management is authorized pursuant to publication and notice to adopt and enforce rules and regulations relating to sampling, analytical methods, form, minimum percentages, soil amending ingredients, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling, and the distribution of soil amendments as may be necessary to carry into effect the full intent and meaning of this chapter. The director of environmental management is authorized and empowered to adopt and enforce rules and regulations to waive registration and fee requirements for agricultural, municipal and other compost facilities based upon the size of operation, volume and composition of material being composted.
History of Section.
P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1; P.L. 1997, ch. 287, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-12. - Adulteration.

§ 2-22-12. Adulteration.
No person shall distribute an adulterated soil amendment. A soil amendment is deemed to be adulterated if:
(1)
It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal, or aquatic life when applied in accordance with directions for use on the label, or contains false or misleading information regarding input materials or production process, or if adequate warning statements and directions for use, which may be necessary to protect plant, animal, or aquatic life are not shown upon the label;
(2)
If its composition falls below or differs from that which it is purported to possess by its labeling; or
(3)
If it contains unwanted crop or weed seed, or primary noxious or secondary noxious weed seed.
History of Section.
P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-13. - Cancellation or refusal of registration.

§ 2-22-13. Cancellation or refusal of registration.
The director of environmental management is authorized and empowered to refuse registration of any brand of soil amendment if he or she finds the brand of soil amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The director is authorized and empowered to cancel the registration of any brand of soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasions of this chapter, or any rules or regulations promulgated under this chapter and no registration shall be revoked until the registrant has been given the opportunity to appear for a hearing by the director.
History of Section.
P.L. 1977, ch. 165, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-14. - Constitutionality.

§ 2-22-14. Constitutionality.
If any clause, sentence, paragraph, or part of this chapter is for any reason judged invalid by any court of competent jurisdiction, that judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph or part of this chapter directly involved in the controversy in which such judgment shall have been rendered.
History of Section.
P.L. 1977, ch. 165, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-15. - Annual reports.

§ 2-22-15. Annual reports.
The registrant is required to submit an annual report of sales to the director. The composter shall submit payment to the director as follows:
(1)
Eight cents ($.08) per ton for class 1 general use;
(2)
Fifteen cents ($.15) per ton for class 2 use;
(3)
Twenty cents ($.20) per ton for class 3 use; and
(4)
Twenty-five cents ($.25) per ton for class 4 limited use.
History of Section.
P.L. 1994, ch. 63, § 2.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-22 - Soil Amendments › Section 2-22-16. - Quality assurance funds.

§ 2-22-16. Quality assurance funds.
All funds received by the department under this chapter shall be deposited into the feed and fertilizer quality testing fund established under § 2-7-6(a) and used for the express purpose of testing and assuring the soil amendment.
History of Section.
P.L. 1994, ch. 63, § 2; P.L. 2016, ch. 512, art. 2, § 41.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23 - Right to Farm › Section 2-23-2. - Legislative findings.

§ 2-23-2. Legislative findings.
The general assembly finds:
(1)
That agricultural operations are valuable to the state’s economy and the general welfare of the state’s people;
(2)
That agricultural operations are adversely affected by the random encroachment of urban land uses throughout rural areas of the state;
(3)
That, as one result of this random encroachment, conflicts have arisen between traditional agricultural land uses and urban land uses; and
(4)
That conflicts between agricultural and urban land uses threaten to force the abandonment of agricultural operations and the conversion of agricultural resources to non-agricultural land uses, whereby these resources are permanently lost to the economy and the human and physical environments of the state.
History of Section.
P.L. 1982, ch. 10, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23 - Right to Farm › Section 2-23-3. - Declaration of policy.

§ 2-23-3. Declaration of policy.
The general assembly declares that it is the policy of the state to promote an environment in which agricultural operations are safeguarded against nuisance actions arising out of conflicts between agricultural operations and urban land uses.
History of Section.
P.L. 1982, ch. 10, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23 - Right to Farm › Section 2-23-4. - “Agricultural operations” defined.

§ 2-23-4. “Agricultural operations” defined.
(a)
As used in this chapter, “agricultural operations” includes any commercial enterprise that has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, and activities as the director, in consultation with the chief of division of agriculture, may determine to be agriculture, or an agricultural activity, use or operation. The mixed-use of farms and farmlands for other forms of enterprise including, but not limited to, the display of antique vehicles and equipment, retail sales, tours, classes, petting, feeding and viewing of animals, hay rides, crop mazes, festivals and other special events are hereby recognized as a valuable and viable means of contributing to the preservation of agriculture.
(b)
Nothing herein shall be deemed to restrict, limit, or prohibit nonagricultural operations from being undertaken on a farm except as otherwise restricted, regulated, limited, or prohibited by law, regulation, or ordinance or to affect the rights of persons to engage in other lawful nonagricultural enterprises on farms; provided, however, that the protections and rights established by this chapter shall not apply to such nonagricultural activities, uses or operations.
History of Section.
P.L. 1982, ch. 10, § 1; P.L. 1993, ch. 151, § 1; P.L. 2004, ch. 53, § 1; P.L. 2004, ch. 178, § 1; P.L. 2007, ch. 321, § 1; P.L. 2007, ch. 408, § 1; P.L. 2014, ch. 360, § 1; P.L. 2014, ch. 406, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23 - Right to Farm › Section 2-23-5. - Nuisance actions against agricultural operations.

§ 2-23-5. Nuisance actions against agricultural operations.
(a)
No agricultural operation, as defined in this chapter is found to be a public or private nuisance, due to alleged objectionable:
(1)
Odor from livestock, manure, fertilizer, or feed, occasioned by generally accepted farming procedures;
(2)
Noise from livestock or farm equipment used in normal, generally accepted farming procedures;
(3)
Dust created during plowing or cultivation operations;
(4)
Use of pesticides, rodenticides, insecticides, herbicides, or fungicides.
This provision pertains only to nuisance actions under chapter 1 of title 10.
(b)
In addition, no city or town ordinance adopted under § 23-19.2-1 shall be enforced against any agricultural operation as defined in this chapter. In addition, no rule or regulation of the department of transportation shall be enforced against any agricultural operation to prevent it from placing a seasonal directional sign or display on the state’s right-of-way, on the condition that that sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the agricultural operation upon the conclusion of the season for which said sign or display was placed.
History of Section.
P.L. 1982, ch. 10, § 1; P.L. 1990, ch. 145, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23 - Right to Farm › Section 2-23-6. - Negligence actions — Pesticide use not affected.

§ 2-23-6. Negligence actions — Pesticide use not affected.
The provisions of this chapter do not apply to agricultural operations conducted in a malicious or negligent manner, or to agricultural operations conducted in violation of federal or state law controlling the use of pesticides, rodenticides, insecticides, herbicides, or fungicides.
History of Section.
P.L. 1982, ch. 10, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23 - Right to Farm › Section 2-23-7. - Severability.

§ 2-23-7. Severability.
If any provision of this chapter, or determination made under this chapter, or application of this chapter to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency, or circumstances shall not be affected by the invalidity. The invalidity of any section or sections of this chapter shall not affect the remainder of this chapter.
History of Section.
P.L. 1982, ch. 10, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-1. - Findings.

§ 2-23.1-1. Findings.
The general assembly finds and declares:
(a)
That the preservation and expansion of agriculture are goals of the state;
(b)
That among economic activities, agriculture is uniquely dependent on the land;
(c)
That land use and water usage regulation and land taxation can have significant impacts on the viability of agricultural operations;
(d)
That the understanding of such impacts is often not widespread or readily included in decision making; and
(e)
That farmers, who have an appreciation of such impacts, may not know in a timely manner that actions are being considered at the local level that could have a direct and significant impact on agricultural operations.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-2. - Purpose.

§ 2-23.1-2. Purpose.
The purpose of this chapter is to foster communications between cities and towns and farmers on local actions that have a direct and significant impact on agricultural operations.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-3. - Duties of the department.

§ 2-23.1-3. Duties of the department.
The director of the department of environmental management shall adopt such rules as may be necessary to effectuate the provisions of this chapter. The division of agriculture shall by March 1, 2006, establish a list by city and town of agricultural operations, as defined in § 2-23-4, that have a current level II certificate of exemption pursuant to paragraph (32) of § 44-18-30, and shall provide by April 15, biennially commencing in 2008 to each city and town where such agricultural operations are located, a notification list of such agricultural operations located in whole or in part in the city or town. The list so established shall only include those agricultural operations that meet the criteria herein set forth and that have applied in writing to be on the list. Applications to be on the list shall be made not later than December 31, 2005 and every two (2) years thereafter, and shall include the name of the agricultural operations and location, the name and mailing address of the person to receive notification a copy of the certificate of exemption, and such other information as the department may require to determine whether the criteria set forth in this section have been satisfied.
History of Section.
P.L. 2005, ch. 314, § 1; P.L. 2007, ch. 145, § 1; P.L. 2007, ch. 271, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-4. - Notification by towns and cities.

§ 2-23.1-4. Notification by towns and cities.
Town and city councils shall provide by ordinance for the notification to farmers on the list established by the division of agriculture as provided for in § 2-23.1-3. Such ordinance shall designate the official or officials responsible for providing the notification and shall provide that not later than seven (7) business days after a matter subject to notification, as provided for in § 2-23.1-5, is formally proposed for study or consideration by a public body in which the matter originates, written notification of the matter shall be mailed to said farmers. The written notification shall, as a minimum, state the matter subject to notification, the public body of the city or town which will be studying or considering the matter, and provide the name of the city or town official, whom one or more of said farmers may contact to request additional information about the matter or to request a work session as provided for in § 2-23.1-6.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-5. - Matters subject to notification.

§ 2-23.1-5. Matters subject to notification.
Matters subject to notification shall include the following actions to: (a) change the zoning and/or permitted uses of land used for farming; (b) designate or amend the designation of land used for farming in comprehensive plans or land use ordinances; (c) change the manner taxation of real and personal property used for farming; (d) establish or amend programs for the transfer of development rights affecting farming and hours of operation of machinery and equipment used in farming; (e) regulate water use for farming purposes; and (f) control noise and hours of operation of machinery and equipment used in farming.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-6. - Work sessions.

§ 2-23.1-6. Work sessions.
Any farmer who receives a notification as provided for in § 2-23.1-4 may request in writing, within ten (10) business days after such notification, a work session to review the impact of the matter subject to notification on farming. The request shall be made to the official designated on the notification to receive such requests. Within twenty (20) business days after the receipt of such a request, said official shall notify in writing all farmers on the notification list of the request, providing the location, time and date of a work session on the matter, which shall be not sooner than seven (7) business days after the date of the notice of the said work session. The purpose of the work session shall be to review and consider the effects of the matter subject to notification on farming. The work session shall be open to the public and shall be prior to any final action on the matter subject to notification by the public body in the city or town in which said matter originates, and the findings and conclusions of the work session shall be reported to the public body. For any matter subject to notifications not more than one work session shall be deemed to be required by the provisions of this chapter.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-7. - Emergency actions unimpaired.

§ 2-23.1-7. Emergency actions unimpaired.
The provisions of §§ 2-23.1-4 and 2-23.1-6 shall not be deemed to impair, limit, or restrict the power of a public body of a city or town to take emergency actions of a temporary duration that are necessary to protect public health, safety, or welfare.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-8. - Validity of actions.

§ 2-23.1-8. Validity of actions.
Except in instances of knowing and willful noncompliance with the provisions of this chapter, a failure to comply strictly with any of the requirements of this chapter shall not be deemed to affect or impair the validity of any action otherwise duly taken.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.1 - Notification to Farmers › Section 2-23.1-9. - Severability.

§ 2-23.1-9. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.
History of Section.
P.L. 2005, ch. 314, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.2 - Preservation of Agricultural Use › Section 2-23.2-1. - Purpose.

§ 2-23.2-1. Purpose.
The purpose of this chapter is to provide for the preservation of agriculture by protecting persons engaged in agricultural operations on agricultural lands, the development rights to which have been conveyed against changes in rules, regulations and requirements that would impair the ability to continue agricultural operations that were allowable at the time of the transfer of the development rights.
History of Section.
P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.2 - Preservation of Agricultural Use › Section 2-23.2-2. - Definitions.

§ 2-23.2-2. Definitions.
As used in this chapter, the following terms and phrases shall have the meaning set forth in this section unless the context indicates a different meaning or intent:
(1)
“Agricultural land” means land conforming to the definition of agricultural land set forth in § 42-82-2.
(2)
“Agricultural operation” means any activity defined as an agricultural operation in § 2-23-4.
(3)
“Development right” means a development right conforming to the definition of a development right as set forth in § 42-82-2.
History of Section.
P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.2 - Preservation of Agricultural Use › Section 2-23.2-3. - Right to agricultural use.

§ 2-23.2-3. Right to agricultural use.
Unless explicitly curtailed, defined or restricted by an instrument conveying development rights to agricultural land, the right to engage in agricultural operations shall include all activities reasonably associated with and/or necessary to such agricultural operations that were allowable on the agricultural land as of the date of the final execution of the instrument conveying such development rights. A right to engage in such allowable agricultural operations shall be deemed to be an implied condition of the instrument.
History of Section.
P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.2 - Preservation of Agricultural Use › Section 2-23.2-4. - Effect of rules and regulations.

§ 2-23.2-4. Effect of rules and regulations.
All rules, regulations, ordinances and other requirements of the state and agencies, corporations, boards, commissions and political subdivisions of the state that are applicable to the conduct of agricultural operations allowable as of the date of the final execution of the instrument conveying development rights shall continue to apply to agricultural operations on such agricultural land. Unless specifically provided for by law or unless necessary to protect public health, safety or the environment from imminent hazard, no rule, regulation or requirement adopted by any agency, corporation, board, commission and/or political subdivision of the state after the date of such final execution of an instrument conveying development rights shall be deemed to diminish, restrict or impair such allowable agricultural activities, except as may be necessary not to impair the actual agricultural operations of another person engaged in agricultural operations, including those who have not conveyed development rights.
The limitations herein established shall not be deemed to diminish or impair the adoption, amendment, implementation, or enforcement of rules, regulations, ordinances, or other requirements that do not directly affect actual agricultural operations that are undertaken for the purposes of producing agricultural products.
History of Section.
P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.2 - Preservation of Agricultural Use › Section 2-23.2-5. - Construction.

§ 2-23.2-5. Construction.
The provisions of this chapter shall apply to all instruments conveying development rights in effect as of or after the effective date of this chapter [June 14, 2006].
History of Section.
P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-23.2 - Preservation of Agricultural Use › Section 2-23.2-6. - Severability.

§ 2-23.2-6. Severability.
If any provision of this chapter, or determination made under this chapter, or application of this chapter to any person, agency or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency or circumstances shall not be affected by the invalidity. The invalidity of any section or sections of this chapter shall not affect the remainder of this chapter.
History of Section.
P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-1. - Short title.

§ 2-25-1. Short title.
This chapter shall be known and may be cited as the “The Rhode Island Local Agriculture and Seafood Act.”
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-2. - Legislative findings.

§ 2-25-2. Legislative findings.
The general assembly hereby finds and declares:
(1)
A viable agricultural and seafood sector in Rhode Island represents part of a secure regional food supply, which in turn lends itself to energy and economic efficiencies;
(2)
The federal government and regional entities have established and continue to establish programs and processes to support local agricultural production and increased consumption of locally produced food, and Rhode Island functions in whole or in part in the context of federal and regional programs;
(3)
The general public is increasingly interested in locally produced food;
(4)
The benefits of local food systems to local communities include open land, jobs, nutritious and safe foods, and youth education opportunities;
(5)
Farms and commercial fishing are an integral part of Rhode Island’s overall economy;
(6)
Encouraging the continued growth of Rhode Island’s agricultural and seafood sectors is integral to reducing food insecurity in Rhode Island;
(7)
Relationship-based food systems such as farm-to-school programs, community supported agriculture (CSA) programs, farmers’ markets, and pick-your-own operations are increasingly popular and offer areas of opportunity for new farmers; and
(8)
The state of Rhode Island has historically established programs to provide for and regulate the agriculture and commercial fishing sectors.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-3. - Legislative intent.

§ 2-25-3. Legislative intent.
The general assembly intends:
(1)
To support and develop more robust and self-sustaining agricultural and seafood sectors that also promotes emerging agricultural industries;
(2)
That policies and programs of the state will support and promote the Rhode Island agriculture and seafood industries as a vital component of the state’s economy and essential steward of our land and coastal waters;
(3)
That current policies and programs pertaining to the viability of Rhode Island’s agricultural and seafood industries be reviewed and confirmed or changed in order to assure the long-term economic prosperity of the industries; and
(4)
That Rhode Island will promote processing and consumption of agricultural and seafood products from within Rhode Island.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-4. - Definitions.

§ 2-25-4. Definitions.
When used in this chapter, the following terms shall have the following meanings:
(1)
“Director” means the director of the department of environmental management or his or her duly authorized agent or agents.
(2)
“Fund” means the local agriculture and seafood small grants and technical assistance fund.
(3)
“Program” means the local agriculture and seafood small grants and technical assistance program.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-5. - Small grants and technical assistance program established.

§ 2-25-5. Small grants and technical assistance program established.
The department of environmental management shall establish the local agriculture and seafood small grants and technical assistance program. Through the program the department shall: (1) Assist in the marketing of Rhode Island grown agricultural products and local seafood for the purpose of sale and promotion within the state of Rhode Island or United States; (2) Enhance the economic competitiveness of Rhode Island grown agricultural products and local seafood; (3) Provide financial and technical assistance support to organizations and farmers for activities and programs which enhance the economic viability of local agriculture, and support the development of a locally based, safe and sustainable food system; (4) Provide individual farm grants to small or beginning Rhode Island farmers that support the entry or sustainability within the respective industry; (5) Work with the state department of health to further develop and support food safety related programs and standards pertaining to local agriculture and seafood; and (6) Perform other activities necessary to facilitate the success and viability of the state’s agricultural and seafood sectors.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-6. - Local agriculture and seafood small grants and technical assistance fund established and solicitation of funding.

§ 2-25-6. Local agriculture and seafood small grants and technical assistance fund established and solicitation of funding.
(a)
For the purpose of paying the costs to the department of environmental management of administering the local agriculture and seafood small grants and technical assistance program and for the purpose of carrying out the purposes of the program as stated in subdivisions 2-25-5(3) and 2-25-5(4) a restricted receipt account is hereby created and known as the “local agriculture and seafood small grants and technical assistance fund.”
(b)
The program shall be empowered to apply for and receive from any federal, state, or local agency, private foundation, or individual, any grants, appropriations, or gifts in order to carry out the purposes of the program established in § 2-25-5.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-7. - Use of funds.

§ 2-25-7. Use of funds.
(a)
A non-profit entity or small or beginning farmer may apply to the department of environmental management for a grant to be used to fulfill the purposes of the program as stated in subdivisions 2-25-5(3) and 2-25-5(4). Any grant disbursed under this program shall not exceed twenty thousand dollars ($20,000) per year. Applications for grants authorized under this section shall:
(1)
Provide a brief summary of the nonprofit entity or small or beginning farmer’s mission, goals, history, programs, and major accomplishments, success stories and qualifications;
(2)
Briefly describe the proposed project or program, the capacity to carry out the program and who will benefit from the program;
(3)
Describe the expected outcomes and the indicators of those outcomes;
(4)
Outline the timeline to be used in the implementation of the program or project; and
(5)
Provide a program or project budget.
(b)
The funds shall also be used by the department to provide administrative and technical support of the program, and to leverage program funds with other potential federal, state or nonprofit funding sources, and shall serve to develop, implement and enforce when appropriate food safety related standards and programs related to local agriculture and seafood in coordination with the Rhode Island department of health and appropriate federal agencies.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-8. - Accountability and oversight.

§ 2-25-8. Accountability and oversight.
(a)
On an annual basis, the department shall prepare a report that details the performance of the local agriculture and seafood small grants and technical assistance program, and the disbursements made during the prior year from the local agriculture and seafood small grants and technical assistance fund and other sources, and how the department plans to allocate and use funds provided through the local agriculture and seafood small grants and technical assistance fund during the next year. The report shall include any additional, relevant information relating to the administration of the program, and the status of any state-based agricultural assessments and local food production assessments.
(b)
The department shall annually schedule and conduct one or more public meetings to solicit input from the general public on whether the program is meeting its intended purposes, and to solicit recommendations for modifying the program.
(c)
The department shall annually submit the report, including an addendum summarizing the feedback provided at the public meeting(s) referenced in § 2-25-9, to the general assembly.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-25 - The Rhode Island Local Agriculture and Seafood Act › Section 2-25-9. - Powers and duties.

§ 2-25-9. Powers and duties.
The department of environmental management may adopt any rules necessary for the administration of this section.
History of Section.
P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-1. - Short title.

§ 2-26-1. Short title.
This chapter shall be known and may be cited as the “Industrial Hemp Growth Act.”
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-2. - Legislative findings.

§ 2-26-2. Legislative findings.
The general assembly finds and declares as follows:
(1)
The cannabis sativa plant used for the production of hemp is separate and distinct from forms of cannabis used to produce marijuana.
(2)
Hemp is used for products such as building materials, cloth, cordage, fiber, food, floor coverings, fuel, industrial chemicals, paint, paper, particle board, plastics, seed meal, seed oil, and yarn.
(3)
Industrial hemp production has remained legal throughout most of the world and hemp has the capacity to grow in a multitude of different climates, altitudes, soils, and weather conditions.
(4)
Currently, it is legal to import industrial hemp into the United States.
(5)
Although federal law currently prohibits the cultivation of hemp, the laws of California, Colorado, Indiana, Kentucky, Maine, Montana, North Dakota, Oregon, South Carolina, Tennessee, Vermont, Virginia and West Virginia permit commercial hemp programs.
(6)
Currently, the United States is the largest importer of hemp products, the largest portion of which is imported from China.
(7)
States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-4. - Hemp an agricultural product.

§ 2-26-4. Hemp an agricultural product.
Hemp is an agricultural product that may be grown as a crop, produced, possessed, distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. Hemp is subject to primary regulation by the department. The division may assist the department in the regulation of hemp growth and production.
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-6. - Rulemaking authority.

§ 2-26-6. Rulemaking authority.
(a)
The department shall adopt rules to provide for the implementation of this chapter, which shall include rules to require hemp to be tested during growth for THC levels and to require inspection of hemp during sowing, growing season, harvest, storage, and processing. Included in these rules should be a system requiring the licensee to submit crop samples to an approved testing facility, as determined by the department for testing and verification of compliance with the limits on delta-9 THC concentration.
(b)
The department shall prescribe rules and regulations for all operational requirements for licensed growers, handlers, CBD distributors, and retailers, and to ensure consistency in manufactured products and appropriate packaging, labeling, and placement with respect to retail sales not inconsistent with law, to carry in effect the provisions of this chapter.
(c)
The department shall not adopt, under this or any other section, a rule that would prohibit a person or entity to grow, distribute, or sell hemp based solely on the legal status of hemp under federal law.
(d)
The department may adopt rules and regulations based on federal law provided those rules and regulations are designed to comply with federal guidance and mitigate federal enforcement against the licenses issued under this chapter.
(e)
[Deleted by P.L. 2020, ch. 1, § 2 and P.L. 2020, ch. 2, § 2.]
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1; P.L. 2020, ch. 1, § 2; P.L. 2020, ch. 2, § 2.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-7. - Licensure.

§ 2-26-7. Licensure.
(a)
Except as provided in this section, beginning sixty (60) days after the effective date of this chapter, the department shall accept the application for licensure to cultivate hemp submitted by the applicant.
(b)
A person or entity, licensed by the department pursuant to this chapter, shall allow hemp crops, throughout sowing, year-long growing seasons, harvest storage, and processing, manufacturing, and retail facilities to be inspected and tested by and at the discretion of the department and as required pursuant to any applicable state or local food processing and safety regulations, including, but not limited to those, promulgated by the Rhode Island department of health.
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-8. - Methods of extraction.

§ 2-26-8. Methods of extraction.
(a)
The department shall adopt rules regarding permissible methods of extraction.
(b)
No butane method of extraction shall be permitted by the department.
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1.
2023 Rhode Island General Laws › Title 2 - Agriculture and Forestry › Chapter 2-26 - Hemp Growth Act › Section 2-26-9. - Research and educational growth by institutions of higher education.

§ 2-26-9. Research and educational growth by institutions of higher education.
(a)
The department is authorized to certify any higher educational institution in Rhode Island to grow or handle, or assist in growing or handling, industrial hemp for the purpose of agricultural or academic research where such higher educational institution submits the following to the department:
(1)
The location where the higher educational institution intends to grow or cultivate the industrial hemp;
(2)
The higher educational institution’s research plan; and
(3)
The name of the employee of the higher educational institution who will supervise the hemp growth, cultivation, and research.
(b)
Growth for purposes of agricultural and educational research by a higher educational institution shall not be subject to the licensing requirements set forth in § 2-26-5.
(c)
The applicant is encouraged to partner with an institution of higher learning within the state of Rhode Island to develop best practices for growing and handling hemp.
(d)
The department shall maintain a list of each higher education institution certified to grow or cultivate industrial hemp under this chapter.
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1.