reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-22. - Judicial action after “stop sale, use, or removal” order.

§ 23-25-22. Judicial action after “stop sale, use, or removal” order.
(a)
After service of a “stop sale, use, or removal” order is made upon any person, either that person, the registrant, or the director may file an action in a superior court in the county in which a violation of this chapter or regulations adopted under this chapter is alleged to have occurred for an adjudication of the alleged violation. The court in that action may issue temporary or permanent injunctions, mandatory or restraining, and any intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or regulations adopted under this chapter.
(b)
If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs and if the pesticide or device is sold, the proceeds, less costs including legal cost, shall be paid to the general treasury as provided in § 23-25-32; provided, that the pesticide or device shall not be sold contrary to the provisions of this chapter or regulations adopted under this chapter. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the its owner for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance.
(c)
When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-22; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-23. - Records.

§ 23-25-23. Records.
(a)
Any person issued a pesticide dealer’s license under the provisions of this chapter shall be required by the director to keep accurate records containing the following information:
(1)
The delivery, movement, or holding of any restricted use or state limited use pesticide, including the quantity;
(2)
The date of shipment and receipt;
(3)
The name of consignor and name and certification number of the consignee; and
(4)
Any other information necessary for the enforcement of this chapter as prescribed in regulations adopted by the director.
(b)
The director or his or her agent shall have access to the records at any reasonable time to copy or make copies of the records for the purpose of carrying out the provisions of this chapter. Unless required for the enforcement of this chapter, that information shall be confidential and, if summarized, shall not identify an individual person.
(c)
The director shall require certified applicators to maintain records with respect to applications of “restricted use” and “state limited use” pesticides and may require those records on all pesticides. Any relevant information that the director may deem necessary may be specified by regulation. The records shall be kept for a period of at least two (2) years from the date of the application to which the records refer, and the director shall, upon a request in writing, immediately be furnished with a copy of the records by the certified applicator.
(d)
The director may require licensed commercial applicators to maintain records with respect to applications of all pesticides. Any relevant information that the director may deem necessary may be specified by regulation. The records shall be kept for a period of two (2) years from the date of the application to which the records refer, and the director shall, upon a request in writing, immediately be furnished with a copy of the records by the licensed commercial applicator.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-23; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-24. - Cooperation with other agencies.

§ 23-25-24. Cooperation with other agencies.
The director may cooperate, receive grants-in-aid, and enter into cooperative agreements or contracts with any agency of the federal government, of this state and its subdivisions, or with any agency of another state, in order to:
(1)
Secure uniformity of regulations;
(2)
Enter into cooperative agreements with the EPA to register pesticides under the authority of this chapter and FIFRA;
(3)
Cooperate in the enforcement of the federal pesticide control laws through the use of state and/or federal personnel and facilities to implement cooperative enforcement programs, including, but not limited to, the registration and inspection of establishments;
(4)
Develop and administer state plans for training and for certification of applicators consistent with federal standards;
(5)
Contract for training with other agencies for the purpose of training applicators to be certified or licensed;
(6)
Contract for monitoring pesticides for the national plan;
(7)
Prepare, submit, and maintain state plans to meet federal certification standards, as provided for in § 4 of FIFRA, 7 U.S.C. § 136i(a) to (c); and
(8)
Regulate certified and licensed applicators.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-24; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-25. - Publication of information.

§ 23-25-25. Publication of information.
The director may publish, at least annually, and in any form that he or she may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides; provided, that individual distribution information shall not be a public record. The director, in cooperation with the land grant universities or other educational institutions, may publish information and conduct short courses of instruction in the areas of knowledge required in this chapter.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-25; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-26. - Reports of pesticide accidents or incidents.

§ 23-25-26. Reports of pesticide accidents or incidents.
The director may by regulation require the reporting of significant accidents or incidents to a designated state agency and/or the EPA.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-26; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-27. - Subpoenas.

§ 23-25-27. Subpoenas.
The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by license, registration, certification, or permit issued under the provisions of this chapter.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-27; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-28. - Penalties.

§ 23-25-28. Penalties.
(a) Civil penalties.
(1)
Any person who violates any provision of this chapter may be assessed a civil penalty of not more than ten thousand dollars ($10,000) for each offense. In addition to any civil penalty assessed in this subsection, the director may ban businesses or commercial applicators from providing pest control services to the state for a period of up to five (5) years when the director finds the business or commercial applicator has violated a provision of this chapter or the rules or regulations promulgated under this chapter with regard to the mixing or application of pesticides.
(2)
No penalty shall be assessed unless the person charged shall have been notified and given opportunity for a hearing before the director on the charge. In making the assessment, the director shall consider the size of the business, the ability of the person charged to continue in business, and the gravity of the violation.
(b) Criminal penalties.
(1)
Any person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall, on conviction, be fined not more than twenty-five thousand dollars ($25,000) or imprisoned for not more than sixty (60) days, or both.
(2)
Any person who, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of § 23-25-6 shall be fined not more than ten thousand dollars ($10,000), or imprisoned for not more than three (3) years, or both.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-28; P.L. 1979, ch. 39, § 1; P.L. 1986, ch. 321, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-29. - Protection of trade secrets and other information.

§ 23-25-29. Protection of trade secrets and other information.
(a)
In submitting data required by this chapter, the applicant may:
(1)
Clearly mark any portion of it which in his or her opinion are trade secrets or commercial or financial information; and
(2)
Submit that marked material separately from other material required to be submitted under this chapter.
(b)
Notwithstanding any other provision of this chapter, the director shall not make public information which in his or her judgment contains or relates to trade secrets or commercial or financial information obtained from a person as privileged or confidential, except that, when necessary to carry out the provisions of this chapter, information relating to formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted, or as required by law, and may be revealed at a public hearing or in findings of fact issued by the director.
(c)
If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, he or she shall notify the applicant or registrant in writing by certified mail. The director shall not after this make available for inspection that data until thirty (30) days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under subsection (b) of this section.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-29; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-30. - Delegation of director’s duties.

§ 23-25-30. Delegation of director’s duties.
The functions vested in the director may be delegated by the director to any employees of the department of environmental management as may be found desirable or necessary from time to time to carry out the responsibilities of this chapter.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-30; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-31. - Reciprocal agreements.

§ 23-25-31. Reciprocal agreements.
(a)
The director may waive all or part of the examination requirements prescribed in §§ 23-25-12, 23-25-13 and 23-25-14 on a reciprocal basis with any other state which has substantially the same examination requirements and standards of competency, and for federal employees qualified under substantially the same examination requirements and standards of competency.
(b)
The director is authorized to adopt regulations, including, but not limited to, regulations establishing procedures for establishing and implementing reciprocal agreements, providing verifying credentials to out-of-state applicators, and assuring compliance.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-31; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-32. - Budget — Receipt and disposition of funds.

§ 23-25-32. Budget — Receipt and disposition of funds.
(a)
The director shall include in the annual budget sums of money necessary: to carry out the pesticide control program as required by this chapter and the EPA approved plan for certifying applicators, for the registration of pesticides, for office and other expenses including travel necessary for inspection and enforcement, and to employ sufficient employees to effectively carry out the provisions of this chapter.
(b)
All money received by the director under the provisions of this chapter, 23-25-12(b)(2), 23-25-13(b)(3), 23-25-14(b)(3), and 23-25-15(c)(5) shall be deposited into the general treasury as general revenues.
(c)
All money received by the director as federal grants-in-aid, contracts, and the like, to assist the state in carrying out a certification program shall be deposited into the general treasury to the credit of a special fund to be used only for carrying out the provisions of this chapter.
(d)
All money appropriated for the pesticide enforcement and certification program shall be made available immediately and are specifically appropriated to the director for the following purposes:
(1)
To support the pesticide enforcement and certification program;
(2)
For payment of ancillary services, personnel, and equipment incurred to carry out the purposes of pesticide enforcement and certification.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-32; P.L. 1979, ch. 39, § 1; P.L. 1992, ch. 133, art. 22, § 3; P.L. 1995, ch. 370, art. 40, § 71.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-33. - Severability.

§ 23-25-33. Severability.
If any provisions of this chapter are declared unconstitutional or the applicability of these provisions to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability of this chapter to other persons and circumstances shall not be affected by this invalidity.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-33; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-34. - Prior liability.

§ 23-25-34. Prior liability.
The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on May 28, 1976.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-34; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-35. - Repeal of inconsistent acts.

§ 23-25-35. Repeal of inconsistent acts.
Jurisdiction in all matters pertaining to the registration, sale, distribution, transportation, storage, use and application, disposal of pesticides and devices, and licensing and certification of applicators is, by this chapter, vested exclusively in the director, and all acts and parts of acts inconsistent with this chapter are expressly repealed.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-35; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-36. - Protective clothing and equipment.

§ 23-25-36. Protective clothing and equipment.
The director may promulgate rules and regulations requiring the use of protective clothing and equipment by any person operating equipment for the application of any pesticide, insecticide, fungicide, herbicide, and rodenticide.
History of Section.
P.L. 1986, ch. 339, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-38. - Pesticide applications and notification of pesticide applications at pre-schools and child care centers.

§ 23-25-38. Pesticide applications and notification of pesticide applications at pre-schools and child care centers.
(a)
On and after July 1, 2003, no application of pesticide may be made by any person other than a certified or licensed commercial applicator as defined in § 23-25-4 in any building or on the grounds of any pre-school, child day care center, group/family day care home or family day care home, during regular business hours. No child enrolled at such center or home may enter an area where pesticides have been applied until it is safe to do so according to the provisions on the pesticide label. For purposes of this section, emergency shall mean a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member. This section shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants, insecticidal disks, or the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR part 152.25.
(b)
On and after July 1, 2002, notice of any pesticide application at any such center or home shall be given, by any means practicable, to the parents or guardians of any child enrolled at the center or home not later than twenty-four (24) hours before the application. The notice shall include: (1) the common or trade name and the name of the active ingredient; (2) the EPA registration number as listed on the pesticide label; (3) the target pest; (4) the exact location of the application on the property; (5) the date of the application; and (6) the name of the pre-school or child care center owner/operator or their designee.
History of Section.
P.L. 2001, ch. 293, § 1; P.L. 2002, ch. 418, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-39. - Report on lawn care pesticide use.

§ 23-25-39. Report on lawn care pesticide use.
(a)
The department of environmental management shall report to the governor, the speaker of the house and the president of the senate on or before November 1, 2007, with regard to:
(1)
Health risks, especially in children, associated with lawn care pesticides, as such risks have been established in the literature, based on the best available scientific information and health data studies;
(2)
Currently recognized best practices for the use and/or control of lawn care pesticides at schools and child daycare facilities;
(3)
How other jurisdictions have managed lawn care pesticides used at school facilities, including school facilities that have two (2) or more of the following functions at the same location, child daycare facilities, preschools, elementary and secondary schools;
(4)
What Rhode Island schools are currently doing to manage, decrease or eliminate the use of lawn care pesticides on school grounds and to implement alternative methods of pest management in lawn care;
(5)
A recommended lawn care pesticide use and control program for public and private child daycare centers, preschools and elementary schools located in Rhode Island; and
(6)
The enforcement activities required to implement the lawn care use and control program and the fiscal impact this program may have on state agencies and school departments.
(b)
The department of environmental management shall establish a working group, including, but not limited to: the department of health, the department of elementary and secondary education and the association of school committees, to assist with the report required in subsection (a). The department of health and the department of elementary and secondary education are hereby authorized and directed to cooperate with the department of environmental management in the preparation of the report required by this section.
History of Section.
P.L. 2007, ch. 421, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-40. - Neonicotinoids restricted. [Effective January 1, 2024.]

§ 23-25-40. Neonicotinoids restricted. [Effective January 1, 2024.]
(a)
All pesticides registered in the state that contain one or more neonicotinoids and are labeled as approved for outdoor use are hereby immediately classified as state limited use pesticide. Such pesticides shall not be:
(1)
Sold or distributed to any person other than a certified applicator;
(2)
Used or applied by any person other than a certified applicator or any person working under the direct supervision of a certified applicator;
(3)
Applied, except in the course of academic research, to any linden or basswood tree; or
(4)
Applied, except in the course of academic research, to any plant when such plant bears blossoms.
(b)
This section does not apply to:
(1)
Pet or veterinary care products used for preventing, destroying, repelling, or mitigating fleas, mites, ticks, heartworms, or other insects or organisms when applied to or administered to companion animals, livestock, or captive wild animals, regardless of whether the application or administration occurs indoors or outdoors;
(2)
Personal care products used for preventing, destroying, repelling, or mitigating lice or bedbugs;
(3)
Indoor pest control products used for preventing, destroying, repelling, or mitigating insects indoors and registered in this state only for indoor use;
(4)
Products used for controlling wood-destroying pests in and around homes and other human-made structures, in accordance with the label; or
(5)
An article or substance treated with, or containing, a neonicotinoid to protect the article or substance itself (for example, seeds treated with a neonicotinoid to protect the seeds or wood products treated to protect the wood against insect infestation), if the neonicotinoid is registered for such use.
(c)
Nothing in this section shall prohibit the director from further restricting or regulating neonicotinoids pursuant to § 23-25-9.
History of Section.
P.L. 2022, ch. 149, § 2, effective January 1, 2024; P.L. 2022, ch. 150, § 2, effective January 1, 2024.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.1 - Hazardous Pesticides, Insecticides, Fungicides, Herbicides, and Rodenticides [Repealed.] › Section 23-25.1-1 - — 23-25.1-13. Repealed.

§ 23-25.1-1 — 23-25.1-13. Repealed.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-1. - Legislative findings — Purpose of chapter.

§ 23-25.2-1. Legislative findings — Purpose of chapter.
The general assembly finds: that the public health, safety, and welfare are being jeopardized by the contamination of drinking water by pesticides; that suitable remedies may be beyond the immediate financial resources of the persons affected; and that the public interest would be served by a reduction in the quantity of chemical pesticides used in this state. The purposes of this chapter are: (1) to establish a fund to provide both emergency relief for pesticide contamination and financial support for pest control methods that reduce or eliminate reliance upon chemical pesticides, and (2) to establish a pesticide relief advisory board to make recommendations to the director of the department of environmental management regarding the fund, and to advise the director on pesticides and public health dangers associated with their use in this state.
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-2. - Definitions.

§ 23-25.2-2. Definitions.
For the purposes of this chapter, the following words and terms have the following meanings:
(1)
“Board” means the pesticide relief advisory board.
(2)
“Contaminated domestic water supply” means the primary source of drinking and household water for a residence when the primary source fails to meet generally accepted drinking water standards due to pesticide contamination or when the department of health has certified it as undrinkable due to pesticide contamination.
(3)
“Director” means the director of the department of environmental management.
(4)
“Fund” means the pesticide relief fund.
(5)
“Integrated pest management” (“IPM”) refers to a method of pest control that uses a systems approach to reduce pest damage to tolerable levels through a variety of techniques, including natural predators and parasites, genetically resistant hosts, environmental modifications and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon non-chemical defenses first and chemical pesticides second.
(6)
“Multiple contaminated domestic water supply” means a number of contaminated domestic water supplies in close proximity to each other.
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-3. - Pesticide relief advisory board established — Appointment of members.

§ 23-25.2-3. Pesticide relief advisory board established — Appointment of members.
(a)
There is created a pesticide relief advisory board consisting of eleven (11) members: one member shall be the chairperson of the joint committee on the environment or his or her designee, ex officio, and is referred to as the legislative member; the other ten (10) members shall be referred to as public members, and shall be appointed as follows: one public member shall be a faculty member in the department of plant pathology and entomology at the University of Rhode Island, to be appointed by the governor; the lieutenant governor, the speaker of the house, and the president of the senate shall each appoint one public member; the lieutenant governor shall appoint a public member who shall be a person engaged in full time vocation as an agricultural farmer; one public member shall be a professional toxicologist or a physician with sufficient experience in public health as it relates to pesticides or toxicology, to be appointed by the governor; one public member shall be a faculty member in environmental studies at a Rhode Island college or university, to be appointed by the governor; and one public member shall be a representative of the urban pest control industry or the chemical or pesticide industry, to be appointed by the governor and two (2) public members shall be representatives of the community at large, to be appointed by the governor.
(b)
The terms of office of the members of the board shall be as follows: the legislative member shall serve until the end of his or her legislative term; the governor shall appoint faculty members to succeed faculty members whose terms expire to hold office for a term of two (2) years commencing on the first day of February next following. In the month of January in any year in which a public member’s term of office expires, the appointing authority shall appoint a successor to the member whose term shall expire in that year, to hold office for a term of two (2) years commencing on the first day of February next following. All members shall serve until their successors are appointed and qualified. Any vacancy other than by expiration shall be filled in like manner as the original appointment, but only for the unexpired portion of the term. All appointments shall be made in a timely manner.
(c)
Immediately upon the completion of the initial appointments, the board shall meet at the call of the director and shall elect from among themselves a chairperson.
History of Section.
P.L. 1985, ch. 260, § 1; P.L. 2001, ch. 86, § 84; P.L. 2001, ch. 180, § 52.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-4. - Pesticide relief advisory board — Powers and duties — No compensation — Legal and clerical assistance.

§ 23-25.2-4. Pesticide relief advisory board — Powers and duties — No compensation — Legal and clerical assistance.
The board shall make recommendations to the director concerning emergency responses to pesticide contamination and grants for IPM projects as provided in this chapter. In making these recommendations, the board shall seek the most efficient measure to remedy or ameliorate the effects of pesticide contamination of wells or private water supplies. The board shall also advise the director concerning the policies, plans, and goals to be attained in the administration of this chapter and chapter 25 of this title and shall make annual recommendations to the director; shall make comments and recommendations (prior to a public hearing or before these rules and regulations go into effect) on any rules and regulations relative to chapter 25 of this title and those promulgated by the director; shall review, comment on, and provide additional data to any monitoring program carried out under the provisions of § 23-25-16; shall advise the director on pesticides currently in use which might pose health hazards; shall advise the director regarding the least hazardous means of controlling pests; shall review new pesticide applications and advise the director on possible health hazards posed by the pesticides; shall review any compilations of pesticides currently in use in this state to determine which chemicals and pesticides, if any, should be tested for in the periodic sampling of public water supplies, and to make recommendations to the director to that effect; shall evaluate and make recommendations to the director regarding chemicals and pesticides which require greater control than required by the federal label; shall evaluate and make recommendations to the director regarding chemicals and pesticides which require application setbacks from domestic water wells; and shall perform any other advisory functions as may be assigned to it by the director. The board shall meet at least four (4) times per year. The members shall receive no compensation for their services. The board may request, through the department of environmental management, any clerical, technical, and legal assistance as it may deem necessary to accomplish its purpose.
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-6. - Rules and regulations.

§ 23-25.2-6. Rules and regulations.
(a)
The director shall:
(1)
Develop by rule and regulation the criteria necessary for defining eligible recipients of emergency relief, eligible IPM projects, and eligible recipients of IPM grants; and
(2)
Establish procedures consistent with the purposes of this chapter.
(b)
In adopting rules and regulations, the director shall comply with §§ 42-35-3(a), 42-35-3(b), and 42-35-4.
(c)
In adopting rules and regulations, the director shall allow for judicial review pursuant to § 42-35-15 upon denials by the director for emergency relief under § 23-25.2-5(b)(1).
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-7. - No waiver or enlargement of rights — Subrogation.

§ 23-25.2-7. No waiver or enlargement of rights — Subrogation.
(a)
An award of relief under this chapter to any person shall not constitute a waiver of any common law or statutory claim for damages or other relief that the person may have against any pesticide manufacturer, pesticide applicator, or other responsible party nor shall the award of relief in any way limit the liability of any responsible party. An award of relief under this chapter shall not be construed or found to be an admission of or finding of liability against the responsible party in a subsequent liability suit or in a subrogation claim filed by the director pursuant to subsection (b). This chapter shall not be construed to enlarge, limit, or abrogate existing substantive rights.
(b)
The fund shall be subrogated, to the extent of the relief awarded, to the right of the recipient of the relief to recover from the responsible party. The director is empowered to bring suit in superior court in the name of the department of environmental management against the responsible party to enforce its subrogated claim. The director, with the assistance of counsel for the department of environmental management, shall draft appropriate subrogation agreements and shall require applicants for emergency relief to execute the agreements as a condition of receiving relief. The director’s action in bringing suit to enforce its subrogated claim shall not deprive the recipient of relief from bringing a separate action or joining in the action of the director.
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-8. - Annual report.

§ 23-25.2-8. Annual report.
The board shall file an annual report on or before January 30th each year with the governor and the general assembly. The report shall include, but need not be limited to, a detailed accounting of the fund’s receipts and disbursements during the preceding calendar year. The report shall also include the recommendation of the board as to whether the allocation of the year’s receipts provided for in § 23-25.2-5(c), namely, seventy-five percent (75%) for emergency relief and grants to municipalities and twenty-five percent (25%) for IPM grants, should be retained or altered. The director shall provide the board with information required in order that the board may prepare the annual report.
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.2 - Pesticide Relief Fund › Section 23-25.2-9. - Severability.

§ 23-25.2-9. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part adjudged invalid.
History of Section.
P.L. 1985, ch. 260, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.3 - Marine Tributyltin Antifoulant Paints › Section 23-25.3-1. - Definitions.

§ 23-25.3-1. Definitions.
As used in this chapter:
(1)
“Acceptable release rate” means a measured release rate not to exceed four (4.0) micrograms per square centimeter per day for weeks three (3) to five (5) and a cumulative release rate of one hundred sixty-eight (168) micrograms per square centimeter for the first fourteen (14) days as determined in accordance with the United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq. If a lower release rate is determined by the department to be necessary to protect health or the environment, the rate if duly adopted by regulatory action of the department, shall be the acceptable release rate as defined in this section.
(2)
“Department” means the department of environmental management.
(3)
“Commercial boat yard” means any facility which engages for hire in the construction, storage, maintenance, repair, or refurbishing of vessels (other than seaplanes) or any licensed independent marine maintenance contractor who engages in those activities.
(4)
“Marine antifoulant paint” means any compound, coating, paint, or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels.
(5)
“Tributyltin compounds” means any compound having three (3) normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.
(6)
“Vessel” means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.
History of Section.
P.L. 1988, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.3 - Marine Tributyltin Antifoulant Paints › Section 23-25.3-2. - Sale and application of tributyltin compounds.

§ 23-25.3-2. Sale and application of tributyltin compounds.
(a)
Except as otherwise provided in this chapter, a person may not distribute, possess, sell, or offer for sale, apply, or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the department of environmental management, department of the attorney general, and state police may seize any antifoulant paint held in violation of this chapter and any seized substances shall be considered forfeited.
(b)
A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply, or purchase for application, an antifoulant paint containing tributyltin with an acceptable release rate and the paint may be applied only within a commercial boat yard and only to vessels which exceed sixty-five feet (65′) in length or which have aluminum hulls or to vessels less than sixty-five feet (65′) in length if it is applied only to the outboard or lower drive unit of the vessels.
(c)
A person may distribute, sell, or apply a marine antifoulant paint containing tributyltin having an acceptable release rate if the paint is distributed or sold in a spray can in a quantity of sixteen (16) ounces avoirdupois or less and is commonly referred to as outboard or lower unit paint.
History of Section.
P.L. 1988, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.3 - Marine Tributyltin Antifoulant Paints › Section 23-25.3-3. - Education programs.

§ 23-25.3-3. Education programs.
Through cooperative programs the department shall begin immediately to develop and implement a program designed to inform interstate and intrastate paint manufacturers and distributors, vessel owners, and commercial boat yards in the state of properties of tributyltin in marine antifoulant paints and the law to restrict its use.
History of Section.
P.L. 1988, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.3 - Marine Tributyltin Antifoulant Paints › Section 23-25.3-4. - Severability.

§ 23-25.3-4. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part adjudged invalid.
History of Section.
P.L. 1988, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.3 - Marine Tributyltin Antifoulant Paints › Section 23-25.3-5. - Penalty.

§ 23-25.3-5. Penalty.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both the fine and imprisonment.
History of Section.
P.L. 1988, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.3 - Marine Tributyltin Antifoulant Paints › Section 23-25.3-6. - Regulations.

§ 23-25.3-6. Regulations.
The provisions of this chapter shall be in compliance with the rules and regulations relating to pesticides promulgated by the department of environmental management under provisions of the Rhode Island Pesticide Control Act, chapter 25 of this title.
History of Section.
P.L. 1988, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-1. - Repealed.

§ 23-25.4-1. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-2. - Repealed.

§ 23-25.4-2. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-3. - Repealed.

§ 23-25.4-3. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; P.L. 2008, ch. 475, § 70; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-4. - Repealed.

§ 23-25.4-4. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; P.L. 2007, ch. 315, § 1; P.L. 2010, ch. 172, § 1; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-5. - Repealed.

§ 23-25.4-5. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; P.L. 2008, ch. 475, § 70; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-6. - Repealed.

§ 23-25.4-6. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-7. - Repealed.

§ 23-25.4-7. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-8. - Repealed.

§ 23-25.4-8. Repealed.
History of Section.
P.L. 2005, ch. 179, § 1; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.4 - Utilization of Unused Prescription Drugs Act › Section 23-25.4-9. - Repealed.

§ 23-25.4-9. Repealed.
History of Section.
P.L. 2007, ch. 315, § 2; Repealed by P.L. 2013, ch. 331, § 1, effective July 15, 2013.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.5 - The Return or Exchange of Drugs Act › Section 23-25.5-1. - Short title.

§ 23-25.5-1. Short title.
This act shall be known and may be cited as “The Return or Exchange of Drugs Act.”
History of Section.
P.L. 2013, ch. 331, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.5 - The Return or Exchange of Drugs Act › Section 23-25.5-2. - Legislative purpose.

§ 23-25.5-2. Legislative purpose.
The general assembly finds that many nursing facilities and assisted living residences destroy quantities of unused but viable prescription medication when residents pass away or when medications otherwise are no longer needed by the resident. In an effort to improve the quality, efficiency and utilization of the state’s healthcare system, the general assembly hereby establishes a statewide program allowing pharmacies to accept for return and redispensing certain prescription drugs.
History of Section.
P.L. 2013, ch. 331, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25.5 - The Return or Exchange of Drugs Act › Section 23-25.5-3. - Definitions.

§ 23-25.5-3. Definitions.
For the purposes of this chapter:
(1)
“Assisted living residence” has the same meaning as such term is defined in § 23-17.4-2 and the regulations promulgated thereunder.
(2)
“Blister packages” means multi-dose containers of a specific medication repackaged by the pharmacy in accordance with section 13.7 of the regulations promulgated under chapter 19.1 of title 5 and intended for a specific patient.
(3)
“Department” means the department of health.
(4)
“Healthcare prescriber” means any of the following persons licensed and authorized to prescribe drugs or to provide medical, dental, or other health-related diagnoses, care or treatment within the scope of their professional license:
(i)
A physician holding a current license to practice medicine pursuant to chapter 37 of title 5;
(ii)
A certified registered nurse practitioner licensed pursuant to chapter 34 of title 5;
(iii)
A physician assistant licensed pursuant to chapter 54 of title 5;
(iv)
A dentist licensed pursuant to chapter 31.1 of title 5;
(v)
An optometrist licensed pursuant to chapter 35 of title 5;
(vi)
A pharmacist licensed pursuant to chapter 19.1 of title 5;
(vii)
A nurse — midwife licensed pursuant to chapter 13 of title 23; and
(viii)
A psychiatric and mental health clinical nurse specialist licensed pursuant to chapter 34 of title 5.
(5)
“Pharmacy” means that portion or part of a premises where prescriptions are compounded and dispensed including that portion utilized for the storage of prescription or legend drugs.
(6)
“Prescription drug” means a drug that may be dispensed only upon prescription by a healthcare prescriber authorized by his or her licensing authority and as defined in chapter 5-19.1.
(7)
“Unit-dose container” is one that is designed to hold a quantity of a drug intended for use as a single dose and used promptly after the container is opened. The immediate container, and/or the outer container or protective packaging shall be designed to show evidence of any tampering with the contents. Each individual container shall be fully identifiable containing a single dose of a single entity and shall protect the integrity of the dosage form. Labeling shall be in accordance with USP standards compendia and federal and state law and shall include the identity, quantity, and strength of the product, name of the manufacturer, and lot number and expiration date of the article.
(8)
“Wholesaler” means a person who buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.
History of Section.
P.L. 2013, ch. 331, § 2.