reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-17. - State review.

§ 23-24.9-17. State review.
The department shall, in consultation with the conference of New England Governors/Eastern Canadian Premiers Environment Committee and/or an interstate mercury clearinghouse should one be developed, coordinate a review of the effectiveness of this chapter no later than January 1, 2006, and shall provide a report based upon that review to the governor and general assembly. The report shall review the effectiveness of the programs as established under the chapter and contain recommendations for improving them. As part of this review, the department shall evaluate the effectiveness of the collection systems established under this chapter and determine whether additional state authority or targeted capture rates are needed to improve those systems. In addition to this review process, the department shall evaluate the need for additional incentives for manufacturers of mercury-added products that are below ten (10) milligrams to reduce the amount of mercury in those products.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-18. - Application to products regulated by the Food and Drug Administration (FDA).

§ 23-24.9-18. Application to products regulated by the Food and Drug Administration (FDA).
Nothing in this chapter shall apply to prescription drugs regulated by the Food and Drug Administration under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq., to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. § 262 et. seq., or to any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-19. - Mercury advisory working group.

§ 23-24.9-19. Mercury advisory working group.
The department of environmental management shall be authorized to coordinate the development of a mercury reduction and education advisory working group to advise the department with regard to the development of regulations and programs for the implementation of the provisions of this chapter and with regard to public education pertaining to the continued elimination of mercury-added products in the State of Rhode Island. This advisory working group may include, but not be limited to, designees from the following: the general assembly, department of environmental management, department of health, the attorney general’s office, state and/or national organizations interested in mercury reduction and education, consumer and children’s advocacy groups, local chambers of commerce, and those industries that manufacture consumer products which contain mercury.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2003, ch. 235, § 1; P.L. 2003, ch. 328, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-20. - Regulations.

§ 23-24.9-20. Regulations.
The department shall promulgate rules and regulations to implement and carry out the provisions of this chapter.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2016, ch. 143, § 2; P.L. 2016, ch. 161, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-20.1. - Effective dates for implementation.

§ 23-24.9-20.1. Effective dates for implementation.
Notwithstanding the effective date of January 1, 2006, set forth in subsections 23-24.9-7(a)(1), 23-24.9-8(a), and 23-24.9-10(a), the initial deadline for complying with the requirements of these subsections shall be January 1, 2006, or ninety (90) days after the effective date of regulations adopted by the department in order to effectuate the purposes of the subsections, whichever date is the later.
History of Section.
P.L. 2005, ch. 266, § 2; P.L. 2005, ch. 268, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-21. - Severability and construction.

§ 23-24.9-21. Severability and construction.
The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability of any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be affected. The provisions of this chapter shall be liberally construed to give effect to the purposes thereof.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-1. - Purpose.

§ 23-24.10-1. Purpose.
The purposes of this act are:
(1)
To establish a manufacturer financed system for the collection, recycling, and reuse program for covered electronic products in Rhode Island;
(2)
To develop a comprehensive strategy, with the participation of state agencies, producers, processors and consumers, for waste prevention and reduction of covered electronic products in the state, which addresses the collection, recycling and reuse of covered electronic products from all covered electronic product generators in the state and that ensures the safe and environmentally sound handling, reuse and recycling of covered electronic products;
(3)
To promote the development of state infrastructure for the reuse and recycling of used electronics;
(4)
To eliminate waste generated in the state from covered electronic products from landfill and incinerator disposal; and
(5)
To encourage the design of covered electronic products that are less toxic, more durable and more recyclable.
History of Section.
P.L. 2006, ch. 365, § 1; P.L. 2006, ch. 447, § 1; P.L. 2008, ch. 105, § 1; P.L. 2008, ch. 126, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-2. - Findings.

§ 23-24.10-2. Findings.
(a)
The general assembly finds televisions, computers and other electronics are omnipresent in modern society, and the number of obsolete, worn-out or otherwise used televisions, computers and other electronic products are increasing;
(b)
Used televisions and computers contain lead, mercury and other hazardous substances that pose a threat to human health and the environment if improperly disposed of at the end of their useful life;
(c)
Cathode ray tubes are estimated to be the largest current source of lead in the state’s municipal solid waste stream;
(d)
Many flat-panel-display televisions, computer monitors and laptop computers contain a mercury-containing lamp for backlighting purposes;
(e)
The reuse, repair and recycling of televisions and computers protect public health and the environment by reducing the potential for the release of heavy metals and mercury from landfills and municipal waste combustors into the environment, provide jobs and business opportunities for state residents, recover valuable components and materials, reduce energy consumption, air and water pollution and greenhouse gas emissions, and conserve valuable landfill space;
(f)
The state of Rhode Island has an interest in resource conservation, waste minimization, landfill capacity management, pollution prevention, job creation and recycling;
(g)
The Rhode Island mercury reduction and education commission recommended that electronic waste be banned from disposal as solid waste, be managed through recycling or as hazardous waste, and be handled in a manner consistent with products covered by the Mercury Reduction and Education Act;
(h)
The commission also recommended that a system of producer responsibility for the collection and recycling of covered electronic devices is the most effective and equitable means of keeping this toxic waste out of landfills, alleviating the full financial and physical burden placed on the state and municipal governments for handling e-waste, while also providing a powerful incentive for manufacturers to reduce toxins and redesign products for recycling; and
(i)
The general assembly finds that the establishment of a comprehensive system to provide for the collection, reuse and recycling of electronic products in this state is consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources, prevent air, water and land pollution and stimulate economic growth.
History of Section.
P.L. 2006, ch. 365, § 1; P.L. 2006, ch. 447, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-4. - Scope of products covered.

§ 23-24.10-4. Scope of products covered.
The scope of products is the same as “covered electronic products” and includes products from covered electronic product generators. The department is hereby authorized to modify the scope of products through regulations.
History of Section.
P.L. 2006, ch. 365, § 1; P.L. 2006, ch. 447, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-5. - Disposal ban.

§ 23-24.10-5. Disposal ban.
(1)
After January 31, 2009, no person shall dispose of any of the covered electronic products in a manner other than by recycling or disposal as hazardous waste.
(2)
This ban on disposal shall apply to whole units of covered electronic products, as well as to the constituent subunits and materials from which the units are made.
(3)
No solid waste landfill or transfer station regulated pursuant to chapter 23-18.9 shall accept any covered electronic products for the purposes of disposal after January 31, 2009. All solid waste landfills and transfer stations regulated pursuant to chapter 23-18.9 shall establish procedures to promote segregation of covered electronic products from the waste stream, shall document those procedures in the facility operating plan, and shall implement those procedures as part of the operation of the facility.
History of Section.
P.L. 2006, ch. 365, § 1; P.L. 2006, ch. 447, § 1; P.L. 2008, ch. 187, § 1; P.L. 2008, ch. 475, § 68.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-6. - Manufacturer individual financial responsibility.

§ 23-24.10-6. Manufacturer individual financial responsibility.
(a)
On the effective date of this section, for covered electronic products other than televisions and printers, manufacturers have individual financial responsibility for the collection, transportation, and recycling of their covered electronic products and adjusted share of orphan waste that have been discarded by households or public and private elementary and secondary schools in Rhode Island.
(b)
On the effective date of this section, for televisions and printers, each television and printer manufacturer has financial responsibility for the collection, transportation, and recycling of televisions and printers, respectively, and an adjusted share of orphan waste, that have been discarded by households or public and private elementary and secondary schools in Rhode Island, based on the television or printer manufacturer’s market share.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3; P.L. 2017, ch. 391, § 1; P.L. 2017, ch. 430, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-7. - Sales and labor prohibitions.

§ 23-24.10-7. Sales and labor prohibitions.
(a)
A manufacturer not in compliance with all financial and other requirements of this chapter is prohibited from offering a covered electronic product for sale in this state.
(b)
It shall be unlawful for any retailer and/or manufacturer to offer for sale in this state a new covered electronic product from a manufacturer that is not in full compliance with the requirements of this chapter. The department shall maintain a list of all manufacturers in compliance with the requirements of this chapter and post the list on an Internet website. Retailers of products in or into the state shall consult the list prior to selling covered electronic products in this state. A retailer shall be considered to have complied with this responsibility if, on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website. All manufacturers will be considered in compliance with the purposes of this section until the department publishes the first requirements of this chapter for the listing.
(c)
It shall be unlawful for facilities that recycle covered electronic products, including all downstream recycling operations, to use prison labor to recycle covered electronic products.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-10. - Retailer responsibility.

§ 23-24.10-10. Retailer responsibility.
(a)
A retailer may not sell or offer for sale any covered electronic product in or for delivery into this state unless:
(1)
The covered electronic product is labeled with a brand and the label is permanently affixed and readily visible;
(2)
The brand is included on the list posted by the department; and
(3)
The list posted by the department specifies that the manufacturer is in compliance with the requirements of this chapter. All manufacturers will be considered in compliance with the requirements of this chapter for the purposes of this section until the department publishes the first listing.
(b)
A retailer shall provide to a consumer at the time of the sale of a covered electronic product information from the department’s website that provides details about where and how a consumer can recycle covered electronic products in Rhode Island. Information shall also be made available in printable form for Internet sales and other sales where the Internet is involved.
(c)
On or after January 1, 2009, a retailer who sells or offers for sale a new covered electronic product must, before the initial offer for sale, review the department’s website to determine that all new covered electronic products that the retailer is offering for sale are labeled with the manufacturer’s brands that are registered with the department.
(d)
A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer’s registration expired or was revoked and the retailer took possession of the covered electronic product prior to the expiration or revocation of the manufacturer’s registration and the unlawful sale occurred within three (3) months after the expiration or revocation.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-10.1. - Collector and recycler responsibility.

§ 23-24.10-10.1. Collector and recycler responsibility.
(a) Collector’s registration.
After July 31, 2010, no person or entity may operate as a collector of covered electronic devices unless that person or entity has submitted a registration with the department on a form prescribed by the director. Registration information must include the name, address, telephone number, and location of the business, and a certification that the collector has complied, and will continue to comply, with the requirements of this chapter and with all program rules and regulations promulgated by the department and the corporation. A registration is effective upon receipt by the department and is valid until December 31 of each year. Collectors must register annually with the department.
(b) Recycler’s registration.
After July 31, 2010, no person or entity may recycle covered electronic devices unless that person has submitted a registration with the department on a form prescribed by the director. Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler who or that may receive covered electronic devices, and a certification that the recycler has complied, and will continue to comply, with the requirements of this chapter and with all program rules and regulations promulgated by the department and the corporation. A registered recycler may conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until December 31 of each year. Recyclers must register annually with the department.
(c)
E-waste collected out of state shall be strictly prohibited from inclusion in programs pursuant to this chapter.
(d)
Nothing in this section shall be deemed to circumvent the department’s existing authority under chapter 19.1 of this title or regulations promulgated thereto.
History of Section.
P.L. 2010, ch. 122, § 2; P.L. 2017, ch. 391, § 1; P.L. 2017, ch. 430, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-12. - Department responsibility.

§ 23-24.10-12. Department responsibility.
The department shall:
(a)
Maintain and make available on its website the following lists, which must be updated by the first day of each month:
(1)
A list of registered manufacturers and their brands;
(2)
A list of brands for which no manufacturer has registered; and
(3)
A list that identifies which manufacturers are in compliance with this chapter.
(b)
Review and approve manufacturer plans that comply with this chapter and are submitted annually by manufacturers choosing to implement a manufacturer program for recycling covered electronic products.
(c)
Review and approve the corporation’s plan as established by § 23-24.10-11.
(d)
Review and adopt the return share and return share by weight for all manufacturers, except television and printer manufacturers, for the following year as determined by the corporation pursuant to § 23-24.10-11. The department shall review and adopt the market share and market share by weight for all television and printer manufacturers for the following year as determined by the corporation pursuant to § 23-24.10-11.
(e)
By September 15 of each year, notify each manufacturer that had a return share determined under § 23-24.10-11 its return share and its return share by weight for the following year. By September 15 of each year, notify each television and printer manufacturer that had a market share determined under § 23-24.10-11 its market share and its market share by weight for the following year.
(f)
Review and adopt the recycling fee for all manufacturers as determined by the corporation pursuant to § 23-24.10-11.
(g)
By September 15 prior to the program year for which a revised cost per pound is to be used in accordance with the provisions of § 23-24.10-11 the department shall notify all registered manufacturers of the revised cost per pound.
(h)
Report biennially to the general assembly on the operation of the statewide system for collection, transportation, and recycling of covered electronic products.
(i) Environmentally sound recycling and reuse.
The department shall develop and adopt regulations no later than January 30, 2009, to define environmentally sound recycling and reuse practices for the manufacturers’ plans and the state program. These regulations will apply to collectors, transporters, and processors, and should ensure that all their downstream vendors comply with all local, state, and federal regulations, and must not violate laws in importing and transit countries when exporting environmentally sensitive materials throughout final disposition.
(j) Regulatory authority.
The department may adopt such regulations as shall be necessary to implement the provisions of this chapter and may include exemptions from provisions of this chapter as deemed appropriate by the department.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3; P.L. 2010, ch. 122, § 1; P.L. 2017, ch. 391, § 1; P.L. 2017, ch. 430, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-13. - State procurement.

§ 23-24.10-13. State procurement.
(a)
No later than January 1, 2009, all state agencies shall meet at least ninety-five percent (95%) of their annual purchasing requirements with electronic products registered to the Electronic Product Environmental Assessment Tool (EPEAT) unless there is no EPEAT standard for such product.
(b)
All vendors of electronic products to the state shall provide take-back and management services for their products at the end of life of those products and must be in compliance with all the requirements of this section. Vendors shall provide assurances that all take-back and management services will operate in compliance with all applicable environmental laws. Purchasing preference must be given to electronic products that incorporate design for the preservation of the environment.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-14. - Multistate implementation.

§ 23-24.10-14. Multistate implementation.
The department and the corporation are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-15. - Limitations.

§ 23-24.10-15. Limitations.
If a federal law or combination of federal laws take effect that is applicable to all covered electronic products sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic products, the department shall evaluate whether such laws provide a solution that is equal to or better than the program created by this act. The department shall report its findings back to the legislature.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-16. - Violations.

§ 23-24.10-16. Violations.
A violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violation, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.10 - Electronic Waste Prevention, Reuse and Recycling Act › Section 23-24.10-17. - Severability.

§ 23-24.10-17. Severability.
The provisions of this chapter shall be severable, and if any part of this chapter is declared to be invalid or void by a court of competent jurisdiction, the remaining portion shall not be affected but shall remain in full force and effect and shall be construed to be the entire chapter.
History of Section.
P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.11 - Comprehensive Children’s Jewelry Safety Act › Section 23-24.11-1. - Short title.

§ 23-24.11-1. Short title.
This act shall be known and may be cited as the “Comprehensive Children’s Jewelry Safety Act.”
History of Section.
P.L. 2012, ch. 377, § 1; P.L. 2012, ch. 393, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.11 - Comprehensive Children’s Jewelry Safety Act › Section 23-24.11-2. - Definitions.

§ 23-24.11-2. Definitions.
(a)
“Children’s jewelry” means jewelry designed or intended primarily for use by children twelve (12) years of age or younger to be worn as an item of personal ornamentation, and does not include:
(1)
Toys or other products intended for use when a child plays;
(2)
Accessories;
(3)
Apparel;
(4)
Footwear; or
(5)
Any other product whose purpose is primarily functional and not ornamental.
(b)
“ASTM F 2923-11” means the ASTM (American Society for Testing and Materials) International Standard Specification for Consumer Product Safety for Children’s Jewelry in effect on January 1, 2012.
History of Section.
P.L. 2012, ch. 377, § 1; P.L. 2012, ch. 393, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.11 - Comprehensive Children’s Jewelry Safety Act › Section 23-24.11-3. - Requirements.

§ 23-24.11-3. Requirements.
All children’s jewelry sold one hundred eighty (180) days after the effective date of this act shall meet the requirements of ASTM F 2923-11.
History of Section.
P.L. 2012, ch. 377, § 1; P.L. 2012, ch. 393, § 1; P.L. 2014, ch. 45, § 1; P.L. 2014, ch. 53, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.11 - Comprehensive Children’s Jewelry Safety Act › Section 23-24.11-4. - Duration.

§ 23-24.11-4. Duration.
The provisions of this chapter shall remain in effect until a superseding federal standard for children’s jewelry takes effect.
History of Section.
P.L. 2012, ch. 377, § 1; P.L. 2012, ch. 393, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.12 - Proper Management of Unused Paint › Section 23-24.12-1. - Purpose.

§ 23-24.12-1. Purpose.
(a)
To establish a cost-effective, convenient, statewide system for the collection, recycling and reuse of post-consumer paint.
(b)
To develop a comprehensive strategy, with the cooperation of state entities, producers, and retailers, for the proper management of post-consumer paint in a safe and environmentally sound manner.
(c)
To provide fiscal and regulatory consistency for all producers of paint that participate in the collection system authorized in this chapter.
(d)
To establish effective collection, recycling, management and education programs resulting in collection of amounts of unused paint consistent with the goals and targets established pursuant to this chapter.
History of Section.
P.L. 2012, ch. 442, § 1; P.L. 2012, ch. 484, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.12 - Proper Management of Unused Paint › Section 23-24.12-2. - Management of unused architectural paint — Definitions.

§ 23-24.12-2. Management of unused architectural paint — Definitions.
(1)
“Architectural paint” means interior and exterior architectural coatings sold in containers of five (5) gallons or less. Architectural paint does not include industrial, original equipment or specialty coatings.
(2)
“Department” means the department of environmental management.
(3)
“Director” means the director of the department of environmental management.
(4)
“Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in this state.
(5)
“Environmentally sound management practices” means procedures for the collection, storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by the representative organization or such representative organization’s contracted partners to ensure compliance with all applicable federal, state and local laws, regulations and ordinances and the protection of human health and the environment. Environmentally sound management practices include, but are not limited to, record keeping, the tracking and documenting of the use and disposition of post-consumer paint in and outside of this state, and environmental liability coverage for professional services and for the operations of the contractors working on behalf of the representative organization.
(6)
“Paint stewardship assessment” means the amount added to the purchase price of architectural paint sold in this state that is necessary to cover the cost of collecting, transporting and processing post-consumer paint by the representative organization pursuant to the paint stewardship program.
(7)
“Post-consumer paint” means architectural paint that is not used and that is no longer wanted by a purchaser of architectural paint.
(8)
“Producer” means a manufacturer of architectural paint who sells, offers for sale, distributes or contracts to distribute architectural paint in this state.
(9)
“Recycling” means any process by which discarded products, components and by-products are transformed into new, usable or marketable materials in a manner in which the original products may lose their identity.
(10)
“Representative organization” means the nonprofit organization created by producers to implement the paint stewardship program described in § 23-24.11-3.
(11)
“Retailer” means any person who offers architectural paint for sale at retail in this state.
(12)
“Reuse” means the return of a product into the economic stream for use in the same kind of application as the product was originally intended to be used, without a change in the product’s identity.
(13)
“Sell” or “sale” means any transfer of title for consideration including, but not limited to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar electronic means.
History of Section.
P.L. 2012, ch. 442, § 1; P.L. 2012, ch. 484, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.12 - Proper Management of Unused Paint › Section 23-24.12-4. - Regulations.

§ 23-24.12-4. Regulations.
The department shall promulgate regulations recognizing conditionally exempt small quantity generators of hazardous waste consistent with federal Environmental Protection Agency standards. The department is hereby authorized to promulgate additional rules and regulations as necessary to implement and carry out the provisions of this chapter.
History of Section.
P.L. 2012, ch. 442, § 1; P.L. 2012, ch. 484, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.12 - Proper Management of Unused Paint › Section 23-24.12-5. - Violations.

§ 23-24.12-5. Violations.
A violation of any of the provisions of this chapter or any rule or regulation promulgated pursuant to § 23-24.11-4 shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any subsequent violation, the civil penalty shall not exceed five thousand dollars ($5,000) for each violation.
History of Section.
P.L. 2012, ch. 442, § 1; P.L. 2012, ch. 484, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.12 - Proper Management of Unused Paint › Section 23-24.12-6. - Reporting to the general assembly.

§ 23-24.12-6. Reporting to the general assembly.
Not later than January 15, 2016, and biennially thereafter, the director shall submit a report to the general assembly that describes the results and activities of the paint stewardship program as enacted pursuant to this chapter including any recommendations to improve the functioning and efficiency of the paint collection program, as necessary.
History of Section.
P.L. 2012, ch. 442, § 1; P.L. 2012, ch. 484, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-1. - Short title.

§ 23-25-1. Short title.
This chapter shall be known as the “Pesticide Control Act”.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-2. - Enforcing official.

§ 23-25-2. Enforcing official.
The provisions of this chapter shall be administered by the director of environmental management of the state, referred to as the director.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-2; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-3. - Declaration of purpose.

§ 23-25-3. Declaration of purpose.
The purpose of this chapter is to regulate, in the public interest, the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides as defined in this chapter. The general assembly finds that pesticides are valuable to our state’s agricultural production and to the protection of human life and the environment from insects, rodents, weeds, and other forms of life which may be pests; but it is essential to the public health and welfare that they be regulated to prevent adverse effects on human life and the environment. New pesticides are continually being discovered, synthesized, or developed which are valuable for the control of pests and for use as defoliants, desiccants, and plant regulators. Those pesticides may be ineffective, may cause injury to man, or may cause unreasonable adverse effects on the environment if not properly used. Pesticides may injure human life or animals, either by direct poisoning or by gradual accumulation of pesticide residues in the tissue. Crops or other plants may also be injured by their improper use. The drifting or washing of pesticides into streams, lakes, or other bodies of water may cause appreciable damage to aquatic life. A pesticide applied for the purpose of killing pests in a crop which is not itself injured by the pesticide, may drift and injure other crops or non-target organisms with which it comes in contact. It is deemed necessary to provide for regulation of pesticides.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-3; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-6.1. - Registration fee — Surcharge.

§ 23-25-6.1. Registration fee — Surcharge.
(a)
In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-25-6, an additional two hundred fifty dollars ($250) registration surcharge fee shall be imposed upon each pesticide to be sold or used within the state, unless the director has determined the subject product is a “statewide minor use” product pursuant to § 23-25-6(b)(3). The registration surcharge fee shall be deposited as general revenues. The director may require that the registration surcharge required by this section be paid electronically.
(b)
In addition to the registration surcharge, the director may charge a processing fee. The department shall set the amount of such fees through rules and regulations, with processing fees not to exceed five percent (5%) of the registration surcharge per application.
History of Section.
P.L. 1992, ch. 419, § 2; P.L. 1993, ch. 439, § 1; P.L. 1995, ch. 370, art. 40, § 71; P.L. 2001, ch. 139, § 2; P.L. 2004, ch. 595, art. 33, § 6; P.L. 2007, ch. 73, art. 38, § 1; P.L. 2017, ch. 218, § 1; P.L. 2017, ch. 335, § 1; P.L. 2021, ch. 162, art. 7, § 10, effective July 1, 2021; P.L. 2023, ch. 197, § 8, effective June 21, 2023; P.L. 2023, ch. 198, § 8, effective June 21, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-7. - Experimental use permits.

§ 23-25-7. Experimental use permits.
(a)
Provided the state is authorized by the administrator of EPA to issue experimental use permits, the director may:
(1)
Issue an experimental use permit to any person applying for an experimental use permit, if he or she determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under § 23-25-6(h). An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
(2)
Refuse to issue an experimental use permit, if he or she determines that issuance of the permit is not warranted or that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
(3)
Prescribe terms, conditions, and period of time for the experimental use permit, which shall be under the supervision of the director.
(4)
Revoke or modify any experimental use permit, at any time, if he or she finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
(b)
The director may develop and promulgate any other requirements by regulation that are necessary for the state plan to receive that authorization from EPA.
(c)
The director may limit or prohibit the use of any pesticide for which an experimental use permit has been issued by EPA, pursuant to § 5(a) of FIFRA, 7 U.S.C. § 136c(a), and which the director finds may cause unreasonable adverse effects on the environment.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-7; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-10. - Applicator categories for certification — Standards.

§ 23-25-10. Applicator categories for certification — Standards.
(a)
The director shall adopt applicator categories established by EPA by regulation and may establish additional categories and subcategories for certification necessary for the administration and enforcement of this chapter. Separate subcategories may be specified as to ground, aerial, or manual methods used to apply pesticides or to the use of pesticides to control insects, plant diseases, rodents, or weeds. Each category or subcategory shall be subject to separate testing procedures and requirements; provided, that no person shall be required to pay an additional fee if that person desires to be certified in more than one category or subcategory.
(b)
The director, in promulgating regulations under this chapter, shall adopt or prescribe standards of competency for the certification of applicators which are at least equal to those established by EPA. Those standards may relate to the use and handling of pesticides or to the use and handling of the pesticide or class of pesticides covered by the individual’s certification and shall be relative to the hazards involved. In determining standards, the director shall consider the characteristics of the pesticide formulation such as: the acute dermal and inhalation toxicity; the persistence, mobility, and susceptibility to biological concentration; the use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra low volume of dust aerial applications, or air blast sprayer applications; and the extent of the intended use.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-10; P.L. 1979, ch. 39, § 1; P.L. 2001, ch. 86, § 11.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-11. - Prohibitions for applicators.

§ 23-25-11. Prohibitions for applicators.
(a)
No person shall use or supervise the use of any “restricted use pesticide” which is restricted to use by certified applicators pursuant to § 23-25-9 without first complying with the certification requirements pursuant to § 23-25-13 and any other restrictions as determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use; provided, that a competent person may make an application under the direct supervision of a certified applicator.
(b)
No person shall use or supervise the use of any “state limited use pesticide” which is restricted to use by certified applicators pursuant to § 23-25-9 without first complying with the certification requirements pursuant to § 23-25-13 or 23-25-14 and any other restrictions as determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use; provided, that a competent person may make an application under the direct supervision of a certified applicator.
(c)
No commercial applicator shall use or supervise the use of any pesticide on land without first becoming a licensed commercial applicator under § 23-25-12 or a certified applicator under § 23-25-13 and regulations adopted under these sections, unless he or she is making the application under the direct supervision of a licensed commercial applicator or a certified commercial applicator; provided, that a commercial applicator applying or supervising the application of a pesticide, not classified as a restricted use pesticide or state limited use pesticide, on land owned or rented by him or her or his or her employer need not comply with the requirements under § 23-25-12 or 23-25-13.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-11; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-12. - Licenses for commercial applicators — Rules and regulations.

§ 23-25-12. Licenses for commercial applicators — Rules and regulations.
(a)
No commercial applicator shall apply any pesticide classified for general use by EPA or the director unless that application is by or under the direct supervision of a person certified under § 23-25-13 or licensed under this section; provided, that the application may be made without compliance with § 23-25-13 or this section on land owned or rented by the applicator or his or her employer.
(b)
The director is authorized to adopt rules and regulations, including but not limited to regulations:
(1)
Establishing procedures for filing a license application, applicant qualifications, license classifications if necessary, standards, and the scope and types of examinations necessary to carry out the intent of this chapter;
(2)
Establishing license fees not to exceed thirty dollars ($30.00);
(3)
Establishing the term during which a license remains valid (unless suspended or revoked for cause), expiration dates, credentials, and requirements for renewal (which may include reexamination if deemed necessary);
(4)
Enabling the transfer of existing licenses to classifications established under this section with or without re-examination;
(5)
Establishing limits of liability covering the applicant’s spraying operations;
(6)
Requiring the display of a decal, indicating that the applicant has met the requirements of this chapter, in a prominent place on any vehicle used in the applicant’s spraying operations;
(7)
Prescribing exceptions for utility and other employees who are not normally involved in pesticide applications but who may find it necessary when performing their normal tasks to use a general use pesticide to protect themselves from attacks by wasps, hornets, or other biting or stinging insects.
(c)
If the director does not qualify an applicant for a license or renewal or suspends or revokes a license for any violation under this chapter, the director shall inform the applicant in writing of the reasons for revocation and, if requested, provide opportunity for a hearing before the director.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-12; P.L. 1979, ch. 39, § 1; P.L. 1992, ch. 133, art. 22, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-16. - Monitoring of environment.

§ 23-25-16. Monitoring of environment.
(a)
As part of his or her responsibility in administering this chapter, the director will carry out a program of monitoring the amounts of pesticides throughout the environment in the state. Portions of the environment to be monitored will include but will not be limited to: fresh and salt waters of the state; soils; crops intended for human or animal consumption; places where food is served commercially or in institutions and where food for human or animal consumption is handled, stored, transported, prepared, or processed; and wildlife.
(b)
Results of the monitoring program will be reviewed at least annually by the pesticide relief advisory board.
(c)
In carrying out the provisions of this section, the director may enter into agreements with public or private agencies to secure any technical assistance it deems necessary.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-16; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-19. - Storing and disposal of pesticides and pesticide containers.

§ 23-25-19. Storing and disposal of pesticides and pesticide containers.
No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway or water body in a way harmful to any wildlife in the waterway or waterbody. The director shall promulgate rules and regulations governing the storing and disposal of those pesticides or pesticide containers. These standards shall be consistent with any regulations promulgated pursuant to § 19 of FIFRA, 7 U.S.C. § 136q, or any acts cited therein.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-19; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-25 - Pesticide Control › Section 23-25-21. - “Stop sale, use, or removal” order.

§ 23-25-21. “Stop sale, use, or removal” order.
When the director has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this chapter, or of any prescribed regulations under this chapter, the director may issue and serve a written “stop sale, use, or removal” order upon the owner or custodian of this pesticide or device. If the owner or custodian is not available for service of the order upon him or her, the director may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The pesticide or device shall not be sold, used, or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing under conditions specified by the director or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-21; P.L. 1979, ch. 39, § 1.