reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.2 - Authority

Current through June 14, 2024
These Regulations are adopted pursuant to R.I. Gen. Laws
					 Title 20, Fish and Wildlife, Chapters 42-17.1, 42-17.6, and 42-17.7, and
					 §§2-1-8 and 2-1-9, consistent with Chapters 21-31 and 23-1, and in
					 accordance with Chapter 42-35, the Administrative Procedures
					 Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.3 - Administrative Findings

Current through June 14, 2024
A. R.I. Gen. Laws
				  §
										2-1-8 vests the Director of the
				  R.I. Department of Environmental Management with the authority to establish and
				  administer programs to promote the marketing of Rhode Island seafood products
				  grown and produced in Rhode Island for the purpose of encouraging the
				  development of the commercial fishing and agricultural [aquaculture] sectors in
				  the State. In accordance with this authority and purpose, and consistent with
				  recommendations set forth by the Rhode Island Seafood Marketing Collaborative,
				  established pursuant to R.I. Gen. Laws Chapter 20-38, the Director has
				  determined that a Rhode Island Seafood Brand will serve the interests of the
				  State by:
1. Enhancing opportunities to
				  identify, access, and enjoy Rhode Island seafood;
2. Bolstering consumer awareness and
				  confidence regarding the nature and source of Rhode Island seafood;
				  and
3. Elevating the status of
				  Rhode Island seafood in the marketplace, thereby increasing demand and
				  consumption, contributing to a more stable and resilient local food system, and
				  yielding greater economic value for Rhode Island seafood.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.4 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the purpose
					 of State law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.5 - Definitions

Current through June 14, 2024
A. For the purpose of these Regulations, the
				  following terms shall have the following meanings:
1. "Authorized seafood dealer" means a person
				  duly licensed by the State of Rhode Island to sell, purchase, barter, and/or
				  trade seafood products obtained directly from a duly licensed commercial fisher
				  or commercial aquaculturist. The term shall also include those commercial
				  fishers who are authorized to sell live lobsters and crabs directly to
				  consumers pursuant to § 90-00-2.7.6(I) of this Title. The term shall also
				  include holders of Direct Sale Dealer Licenses issued pursuant to §
				  90-00-7.13 of this Title.
2.
				  "Authorized seafood retailer" means a person or business duly licensed by the
				  State of Rhode Island as a food market or food business, pursuant to 216-RICR-
				  50-10-1, Rhode Island Food Code, and thereby authorized to sell seafood
				  products obtained from an authorized seafood dealer or seafood
				  wholesaler.
3. "Authorized seafood
				  wholesaler" means a person or business duly licensed by the State of Rhode
				  Island to sell, purchase, barter, and/or trade seafood products obtained from a
				  duly licensed commercial fisher, commercial aquaculturist, authorized seafood
				  dealer, or other authorized seafood wholesaler.
4. "Authorized user" means any authorized
				  seafood dealer, authorized seafood retailer, or authorized seafood wholesaler
				  engaged in sales or donations of Rhode Island seafood products in Rhode
				  Island.
5. "Commercial
				  aquaculturist" means an individual, firm, partnership, association, academic
				  institution, municipality, or corporation, duly licensed by the State of Rhode
				  Island to conduct commercial aquaculture in Rhode Island, pursuant to R.I. Gen.
				  Laws Chapter 20-10.
6. "Commercial
				  fisher" means a person duly licensed by the State of Rhode Island to harvest
				  and/or land seafood products in Rhode Island, pursuant to R.I. Gen. Laws
				  Chapter 20-2.1.
7. "Department"
				  means the Rhode Island Department of Environmental Management.
8. "Land" means to transfer seafood products
				  directly from a commercial aquaculturist or a commercial fisher to an
				  authorized seafood dealer for sale or intended sale.
9. "Person" means an individual, corporation,
				  partnership, or other legal entity.
10. "Rhode Island seafood products" means any
				  marine species that have been grown in Rhode Island waters by commercial
				  aquaculturists and any marine species that have been landed in Rhode Island by
				  commercial fishers, pursuant to all applicable State and Federal
				  Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.6 - General Requirements

Current through June 14, 2024
A. A Rhode Island
				  Seafood Brand (the "brand") is hereby established and depicted in the
				  attachment to these Regulations which is designated as §
										13.11 of this
				  Part.
B. The brand is subject to
				  the full ownership of, and control by, the Department.
C. Any alteration or modification of the
				  brand is prohibited without the express written consent of the
				  Department.
D. The brand may be
				  used by anyone for the purpose of promoting Rhode Island seafood
				  products.
E. Authorized users may
				  use the brand to identify, market, sell, and/or donate Rhode Island seafood
				  products subject to the following provisions:
1. Upon request, and no later than ten (10)
				  days following such request, authorized users must be able to verify that a
				  product identified, promoted, marketed, sold, and/or donated as a Rhode Island
				  seafood product was landed in Rhode Island or grown in Rhode Island waters.
				  Verification may be in the form of a valid SAFIS dealer report, a receipt of
				  sale stemming from a valid SAFIS dealer report, or any other verifiable chain
				  of custody stemming from a valid SAFIS dealer report.
2. Authorized users of the brand are
				  responsible for ensuring that the brand is used properly, i.e., if applied to
				  packaging, only applied to packaging that contains Rhode Island seafood
				  products; or if used in display cases or on menus, only applied to products or
				  menu items involving Rhode Island seafood products. If using the brand to
				  distinguish Rhode Island seafood products, the co-mingling of Rhode Island
				  seafood products with seafood products from other States is
				  prohibited.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.7 - Mislabeling of Marine Species

Current through June 14, 2024
No person shall offer for barter, trade, or sale a seafood
					 product that is mislabeled as prohibited by R.I. Gen. Laws Chapters 23-1 or
					 21-31, i.e., represented to be a species other than the species that it
					 actually is.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.8 - Penalties

Current through June 14, 2024
A. Any authorized user whose license to
				  purchase, sell and/or donate seafood products in Rhode Island is deemed or
				  rendered invalid by any Federal, State, or municipal authority shall be
				  prohibited from using the brand for any purpose until such time as the license
				  is deemed or rendered valid.
B. Any
				  authorized user convicted of a violation of R.I. Gen. Laws Chapters 23-1 or
				  21-31 pertaining to the mislabeling of marine species, or any Rule or
				  Regulation promulgated by the Department of Health pursuant thereto, may be
				  subject to enforcement action and/or penalty imposed by the Department of
				  Health.
C. Any authorized user,
				  found to have improperly used the brand, in violation of any of the provisions
				  of these Regulations, shall be subject to the following penalties:
1. First (1st)
				  violation - up to thirty (30) days suspension of the authorization to use the
				  brand;
2. Second
				  (2nd) violation - up to ninety (90) days suspension
				  of the authorization to use the brand;
3. Third (3rd)
				  violation - up to three hundred sixty-five (365) days suspension of the
				  authorization to use the brand; and,
4. Fourth (4th)
				  and successive violations - revocation of the authorization to use the
				  brand.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.9 - Appeals

Current through June 14, 2024
A. In accordance with R.I. Gen. Laws §
										42-17.7-9, Administrative
				  Hearings:
1. Any person who seeks an
				  adjudicatory hearing in order to contest an enforcement action which alleges a
				  violation(s) of these Rules and Regulations must file said request in writing
				  with the clerk of Administrative Adjudication Division, 235 Promenade Street,
				  Third Floor, Providence, Rhode Island 02908 within twenty (20) calendar days of
				  receipt of the contested agency enforcement action.
2. Any person who seeks an adjudicatory
				  hearing relative to denial of the issuance of an authorization to use the brand
				  arising under these Rules and Regulations must file said request in writing
				  with the clerk of Administrative Adjudication Division, 235 Promenade Street,
				  Third Floor, Providence, Rhode Island 02908 within thirty (30) calendar days of
				  receipt of the contested agency action.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.10 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.11 - Appendix 1

Current through June 14, 2024
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Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.1 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated as authorized
					 by the Rhode Island Local Agriculture and Seafood Act, R.I. Gen. Laws §
										2-25-1 et seq., and in accordance
					 with R.I. Gen. Laws §
										42-17.1-1 and Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.2 - Purposes

Current through June 14, 2024
A. The purposes of these rules are:
1. To accomplish the purposes of R.I. Gen.
				  Laws Chapter 2-25;
2. To establish
				  the operating procedures for the administration of the Local Agriculture and
				  Seafood Act grant program, and,
3.
				  To provide for coordinated administration of any funds from philanthropic or
				  other sources which may be made available to accomplish the purposes of R.I.
				  Gen. Laws §§
											2-25-5(1) through
				  (5) inclusive and §2-25-7(b).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.3 - Definitions

Current through June 14, 2024
A. Unless otherwise indicated or clearly
				  implied, the following terms shall have the meaning herein set forth:
1. "Act" means the Local Agriculture and
				  Seafood Act, R.I. Gen. Laws Chapter 2-25, as that chapter may be amended.
2. "Committee" means the Local
				  Agriculture and Seafood Act Advisory Committee.
3. "Department" means the Department of
				  Environmental Management.
4.
				  "Director" means the Director of the Department or his or her duly authorized
				  agent(s).
5. "Division" means the
				  Division of Agriculture in the Department.
6. "Fund" means the local agriculture and
				  seafood small grants and technical assistance fund.
7. "Matching support organization" means any
				  charitable foundation or any non-profit entity acting under an agreement with a
				  charitable foundation that provides support to any eligible entity to
				  accomplish the purposes of the program.
8. "Program" means the local agriculture and
				  seafood small grants and technical assistance program, as described in R.I.
				  Gen. Laws Chapter 2-25 and these rules.
9. "Program costs" means all costs of
				  administering the program, including making grants and awards and providing
				  technical assistance to accomplish the purposes set forth in R.I. Gen. Laws
				  §§
											2-25-5(1) through
				  (5) inclusive and for the purposes set forth
				  in R.I. Gen. Laws §
											2-25-7(b).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.4 - Local Agriculture and Seafood Act Advisory Committee

Current through June 14, 2024
A. Establishment. The Director hereby
				  establishes a Committee, of not less seven (7) nor more than eleven (11)
				  members, to advise and assist the Department in matters related to the program
				  and to facilitate the coordination of the program with outside resources which
				  may be used to accomplish the purposes of the program.
B. Membership. The Chief of the Division
				  shall be an ex officio voting member; the balance of the members shall be
				  appointed by the Director to achieve reasonable representation of entities
				  concerned with local agriculture and seafood sectors, sustainable food systems,
				  and the Rhode Island economy. Appointed members of the Committee shall serve at
				  the pleasure of the Director and shall continue in office until their
				  successors are duly appointed.
1. The
				  Director shall appoint member(s) to the Committee from each Matching Support
				  Organization, with no minimum or maximum number of members from this category.
2. The Director shall give
				  consideration to appointments from:
a. The RI
				  Agricultural Partnership, the RI Farm Bureau, the RI Economic Development
				  Corporation, Farm Fresh RI, RI Sea Grant, the Ocean State Aquaculture
				  Association, and the RI Food Policy Council and/or from;
b. Agencies, organizations and individuals
				  having a role or interest in the planning, development, and support of viable
				  agriculture and seafood sectors and a locally based sustainable food system.
				  Eligible organizations or individuals may register their interest in
				  membership, in writing, with the Director; organizations may nominate
				  individuals for appointment. The initial appointments shall be for terms of
				  one, two, and three years, thereafter appointments shall be for terms of three
				  years.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.5 - Fund

Current through June 14, 2024
A. Purposes of the Fund. The purposes of the
				  Fund are to:
1. Assist in the marketing of
				  Rhode Island grown agricultural products and local seafood for the purpose of
				  sale and promotion within the State of Rhode Island or United States.
2. Enhance the economic competitiveness of
				  Rhode Island grown agricultural products and local seafood.
3. Provide financial and technical assistance
				  support to organizations and farmers for activities and programs which enhance
				  the economic viability of local agriculture, and support the development of a
				  locally based, safe and sustainable food system.
4. Provide individual farm grants to small or
				  beginning Rhode Island farmers that support the entry or sustainability within
				  the respective industry.
5. Work
				  with the state department of health to further develop and support food safety
				  related programs and standards pertaining to local agriculture and seafood,
				  and;
6. Perform other activities
				  necessary to facilitate the success and viability of the state's agricultural
				  and seafood sectors, and to;
7.
				  Provide administrative and technical support of the program.
8. Leverage program funds with other
				  potential federal, state or nonprofit funding sources.
9. Develop, implement and enforce when
				  appropriate food safety related standards and programs related to local
				  agriculture and seafood in coordination with the Rhode Island Department of
				  Health and appropriate federal agencies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.7 - Applications

Current through June 14, 2024
A. Upon approval by the Director of an
				  allocation of funds and other resources, the Division shall establish and
				  implement such application periods, evaluation criteria, procedures and
				  timetables, and award requirements as may be necessary to effectuate the
				  approved allocation.
B. Application
				  forms. Applications shall be made on forms issued by the Division. Application
				  forms shall be available for download on the Department website as well as by
				  request from the Division.
C.
				  Filing applications. Applications shall be filed with the Committee, care of
				  the Division, in the manner specified on the application form, including any
				  deadlines specified thereon.
D.
				  Consideration of applications. Applications for projects will be considered for
				  funding only if:
1. The applicant is an
				  eligible applicant for the project category.
2. The application is received within the
				  time period for applications noticed by the Division.
3. The application is complete.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.8 - Application Review and Award

Current through June 14, 2024
A. Ranking
				  applications. The Committee shall establish procedures for ranking applications
				  in accordance with criteria included in the allocation approved by the Director
				  and the requirements of §§
										14.7(E) and
				  14.7(F)(1) 
				  of this Part. Each member of the Committee shall independently score each
				  application in accordance with the procedures for ranking
				  applications.
B. Committee action.
				  The Committee shall meet and review the independent scores given by all
				  Committee members to each application. The Chairperson of the Committee shall
				  tally the independent scores of each Committee member at the meeting in which
				  members provide the independent scores for each application. The Committee is
				  permitted to discuss the potential award outcomes based upon the scores and
				  make adjustments as deemed necessary to reflect the purpose and intent of the
				  Fund.
C. Awards by the Director.
				  Upon the receipt of the findings and recommendations of the Committee, the
				  Director shall have the sole authority to make awards to projects in order to
				  accomplish the purposes of the Program and to meet the requirements of the Act.
				  In making awards, the Director may, in exercising this authority, decide that
				  it is necessary or appropriate to amend the recommendations of the Committee;
				  the justification of any such amendment shall be made in writing.
D. Letters of award. Letters of notification
				  of award shall be sent to all applicants by the Chairperson of the Committee.
				  Applicants who were not awarded funding shall be given a brief explanation of
				  why the application was not awarded funding. Letters of notification of award
				  for applications approved for funding shall include any requirements that must
				  be met by the applicant to receive the funding awarded.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.9 - Coordination with Other Sources of Funding

Current through June 14, 2024
A. Any matching
				  support organization may coordinate its support with the Program to increase
				  the effectiveness of the Program. Any support provide by a matching support
				  organization under the provisions of this rule shall be considered leveraged
				  funds or matching for purposes of the Act.
B. Outreach, training and education. Matching
				  Support Organizations with the approval of the Committee may conduct such
				  outreach, public education, training and technical assistance activities with
				  regard to the Program as may be desirable to enhance the effectiveness of the
				  Program and/or increase participation in the Program.
C. Fund disbursement. In order to facilitate
				  achieving optimum effectiveness of the Program, awards may be made from the
				  Fund and from a matching support organization on joint basis in any proportion,
				  or solely from the Fund or from the matching support organization. For the
				  purposes of the Act and annual reporting, matching and leveraging shall be
				  reported on aggregated basis.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.10 - Accountability and Oversight

Current through June 14, 2024
A. The Department
				  shall annually submit a report, including an addendum summarizing the feedback
				  provided at the public meeting(s) referenced below in §
										14.10(B) 
				  of this Part, to the general assembly.
B. Annual report. On or before March 31st of
				  each year, the Department, in conjunction with the Committee, shall prepare a
				  report on the performance of the Program, and the expenditures made during the
				  prior year from the Fund and by other matching sources to accomplish Program
				  purposes, and on how funds provided through Fund might be used during the
				  current year and for the next following year. The report shall include any
				  additional, relevant information relating to the administration of the Program,
				  and the status of any state based agricultural assessments and local food
				  production assessments.
C.
				  Community review meeting. The Department with the Committee shall annually
				  schedule and conduct one or more public community review meetings to solicit:
1. Input on whether the Program is serving
				  its intended purposes; and,
2.
				  Recommendations for modifying the Program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 14 - Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program (250-RICR-40-20-14) › Section 250-RICR-40-20-14.11 - Construction and Severability

Current through June 14, 2024
A. Application. The
				  terms and provisions of these Rules and Regulations shall be liberally
				  construed to permit the Department to effectuate the purposes of federal and
				  state laws, goals, and policies.
B.
				  Severability. If any provision of these Rules and Regulations, or application
				  thereof to any person or circumstances, is held invalid by a court of competent
				  jurisdiction, the validity of the remainder of the Rules and Regulations shall
				  not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.1 - Statutory Basis

Current through June 14, 2024
Under the authority of R.I. Gen. Laws Chapter 42-35
					 "Administrative Procedures", Chapter 42-17.1 "Department of Environmental
					 Management", Chapter 23-25 "Pesticide Control" and Chapter 43-7 "Mosquito
					 Abatement", the following Rules and Regulations are being promulgated to
					 administer §23-7-16 of the R.I. Gen. Laws.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.2 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to establish
					 (a) eligibility and evaluation criteria upon which the Board will award grants
					 to mosquito abatement districts and (b) procedures for administering the grant
					 program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.3 - Administrative Findings

Current through June 14, 2024
A. The following
				  administrative findings are made as basis for these Rules and Regulations:
1. Mosquitoes represent a substantial
				  nuisance problem throughout the State which can significantly reduce quality of
				  life through the annoyance of their bites.
2. When mosquito breeding sources are
				  extensive and the adults numerous and widely dispersed, individual control
				  measures such as avoidance, application of repellents or backyard spraying can
				  be inefficient or inadequate.
3.
				  Pesticides can cause allergic reactions in sensitive individuals, contaminate
				  domestic water supplies, harm valuable wildlife populations, and lead to
				  pesticide resistance through their necessary repeated use. For these reasons,
				  pesticide use should be minimized.
4. Alternatives to pesticides, especially
				  physical control measures, have a high per acre cost and are beyond the
				  financial resources of most cities and towns. Under these circumstances,
				  community-wide control measures are more efficient and beneficial.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.5 - Allocation of Funds

Current through June 14, 2024
A. Available Funds:
				  The total funds available for grants shall be determined in accordance with the
				  formula provided in R.I. Gen. Laws §
										23-25-6.1, by the number of
				  pesticide products registered during the previous fiscal year, plus funds
				  remaining from previous years.
B.
				  Maximum Grant Amount: The Mosquito Abatement Board shall set the maximum amount
				  of a single grant for each application period. Such application period shall be
				  determined by the Board. This amount, however, shall not exceed 50% of the
				  total funds available.
C. Funding
				  Schedule: The Mosquito Abatement Board shall fund grant applications on an
				  annual basis.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.6 - Application Procedures

Current through June 14, 2024
A. Application
				  Format: Application for funding shall be in the form of a project proposal
				  which shall be typed (double spaced) and shall include a Summary, and sections
				  on Objectives, Background and Justification, Procedures, References Cited (if
				  any), Budget Request, Funding Match, and the Resume of the principal
				  investigator or key individuals involved in the project. The text of the
				  proposal shall be limited to five pages with additional supporting information
				  (if any) included in an appendix. Assistance needed to prepare the proposal may
				  be obtained from the Department of Environmental Management/Division of
				  Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street
				  Providence, RI 02908-5767.
1. Budget Request
				  - This section shall itemize all eligible project costs as specified in §
											1.7(C) of
				  this Part related to the proposed project, in particular for equipment in
				  excess of $500.00.
2. Funding Match
				  - Communities are required to have provided funds for their mosquito control
				  program at least equal to the amount requested. The amount of the request may
				  be based on community appropriated funds and funds other non-state sources.
				  This match amount must be itemized in a certified financial
				  statement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.7 - Eligibility Criteria

Current through June 14, 2024
A. Eligible
				  Applicants: All Rhode Island communities that are registered Mosquito Abatement
				  Districts are eligible to apply for funding. A current list of registered
				  Districts may be obtained from the Department of Environmental
				  Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235
				  Promenade Street Providence, RI 02908-5767. Communities may become a District
				  by filing written notice with the Secretary of State (c/o Administrative
				  Records, Room 43, State House, Smith Street, Providence, RI 02903) as provided
				  in R.I. Gen. Laws §
										23-7-7. This notice must include a
				  description of the proposed boundaries of the District (usually the
				  geographical limits of the city or town). A copy of the notice must be sent to
				  the Mosquito Abatement Coordination Office (Department of Environmental
				  Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235
				  Promenade Street Providence, RI 02908-5767 ).
B. Eligible Projects: A project shall be
				  eligible for funding if its objective is the minimization of pesticide use and
				  the minimal disruption of natural environments as defined in §
										1.7(A) of
				  this Part. Examples include, but not limited to:
1. Development of a map of nuisance
				  areas;
2. Development of map and
				  inventory of mosquito breeding sources;
3. Development of an inventory of nuisance
				  species;
4. Design, implementation
				  or evaluation of biological or physical mosquito control methods provided all
				  reviews, permits, clearances, and/or statements of non-applicability, as
				  required by any applicable Federal or State regulatory or permitting process,
				  have been obtained prior to implementation.
5. Design or implementation of public
				  education programs that encourage community residents to practice
				  self-protection and sanitation to reduce mosquito annoyances or that educate
				  residents about mosquito-transmitted diseases or mosquito control methods;
				  and,
6. Participation in continuing
				  education programs for the purpose of learning mosquito sampling methods or
				  control techniques.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.8 - Application Evaluation

Current through June 14, 2024
A. Evaluation
				  Criteria: The Mosquito Abatement Board shall consider several criteria in
				  rating applications, including but not limited to the following:
1. Relationship of the proposed project to
				  the program objective of minimization of pesticide use and the minimal
				  disruption of natural environments.
2. Probability that the proposed work will be
				  completed successfully;
3.
				  Capability of personnel;
4.
				  Adequacy of facilities and equipment;
5. Availability of alternative funding to
				  accomplish objectives;
6.
				  Cost-effectiveness of the project;
7. Likelihood that the proposed project will
				  make a long-term contribution to mosquito abatement in the community;
8. Evidence that all necessary safety
				  precautions will be taken; and,
9.
				  Evidence that all State and Federal permits, clearances, or statements of
				  non-applicability have been applied for or granted.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.9 - Awards

Current through June 14, 2024
A. Amount of Award: The Mosquito Abatement
				  Board shall make awards based on:
1.
				  Evaluation of the project proposal relative to others under consideration,
				  and,
2. The amount available for
				  allocation in accordance with §
											1.5 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.10 - Equipment

Current through June 14, 2024
A. Project Equipment: All equipment purchased
				  with Mosquito Abatement Grant monies that is not expended after the completion
				  of the project shall be returned to the State upon request. The Grantee shall
				  properly maintain said equipment and an up-to-date inventory of all equipment
				  purchased with Mosquito Abatement Grant monies which shall be made available to
				  the State. Said equipment inventory shall be attached to the final report and
				  shall include:
1. Invoice with serial
				  number;
2. Receipt for
				  goods;
3. Description of
				  equipment;
4. Evidence of Payment -
				  Cancelled checks, copies of both sides are required.
5. If the State fails to request the return
				  of said equipment within one (1) year after the date of the submission of the
				  Final Mosquito Abatement Grant Program Report, the equipment shall become the
				  property of the grantee.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.11 - Final Reports

Current through June 14, 2024
A. Upon completion
				  of the project, recipients must submit a Final Report that properly accounts
				  for funds spent as well as evaluates progress toward the objective of the
				  project. Assistance needed to prepare the report may be obtained from the
				  Department of Environmental Management/Division of Agriculture/Mosquito
				  Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
1. Report Format: Final Reports shall be
				  typed (double-spaced) and shall include an Abstract and sections on Statement
				  of Problem, Project, Results (not more than 500 words) and Financial
				  Statement.
2. Financial Statement:
				  All grant and community funds used to carry out the project shall be itemized
				  in a Certified Financial Statement. In the case of recipients that used
				  projected expenses as a basis for their Funding Match (§
											1.6(A)(2) of
				  this Part), any grant funds not matched by community funds shall be returned to
				  the State. Reimbursement of such funds shall be received by the State no later
				  than thirty (30) days after the submission of the Final Report.
3. Filing: Reports shall be filed within the
				  prescribed period, as indicated under §
											1.11(A)(5) 
				  of this Part, with the Department of Environmental Management/Division of
				  Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street
				  Providence, RI 02908-5767.
4.
				  Recording: Reports shall be accepted any business day, up to and including the
				  filing deadline. They shall be date and time stamped upon receipt.
5. Filing Deadline: The Mosquito Abatement
				  Board shall set a filing deadline for receipt of final reports for each year.
				  If the final report will not be ready by the filing deadline, recipients may
				  submit a status report which should include abbreviated Program and Results
				  sections (1 to 2 pages total) and a Financial Statement of expenditures made to
				  date. Information on the filing deadline may be obtained from the Department of
				  Environmental Management/Division of Agriculture/Mosquito Abatement
				  Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 25 - Mosquito Abatement › Part 1 - Rules and Regulations of the Mosquito Abatement Grant Program (250-RICR-40-25-1) › Section 250-RICR-40-25-1.12 - Severability

Current through June 14, 2024
If any section, paragraph, phrase, sentence or clause of
					 these Rules and Regulations is declared invalid or unconstitutional for any
					 reason, the remainder of the rules shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to establish
					 a system for the provision of proper care of any State run facilities by the
					 Department of Environmental Management.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws §§4217.1-1
et seq
., 46-5-1
et
					 seq
. and 46-22-1
et seq
., R.I. Gen. Laws §§
										32-2-4 and
					 42-17.10-1, and in accordance with
					 R.I. Gen. Laws §
										42-35-1
et seq
.,
					 the Administrative Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.3 - Administrative Findings

Current through June 14, 2024
These Rules and Regulations are required in order to
					 ensure proper management of the Port facilities under the control of the
					 Department of Environmental Management.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.4 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of State law, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.5 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.6 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, any
					 previous Regulations and policies regarding administration of the Port of
					 Galilee within the authority of the Department shall be superseded. However,
					 any enforcement action taken by, or application submitted to, the Department
					 prior to the effective date of these Rules and Regulations shall be governed by
					 the Rules and Regulations in effect at the time the enforcement action was
					 taken, or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.9 - Newport and Galilee Fishing Advisory Groups

Current through June 14, 2024
A. Newport
				  and Galilee Fishing Advisory Groups shall be established by the Director in
				  order to advise and/or assist the Department relative to the preparation of a
				  master plan and Rules and Regulations for the development and operation of
				  State pier #9, Port of Newport and the Port of Galilee. The Director or his/her
				  designee shall call meetings of the advisory group only upon reasonable
				  notice.
B. Uses and/or activities
				  which are or may be reasonably associated with and/or necessary to the berthing
				  of commercial fishing vessels at the Port of Newport, State pier #9 and
				  State-owned piers in Galilee which are not otherwise addressed herein may be
				  permitted by the Director after opportunity for review by the Newport Fishing
				  Advisory Group or Galilee Fishing Advisory Group. In permitting such uses
				  and/or activities, the Director shall consider the following:
1. Compatibility with other permitted uses
				  and activities;
2. The demand for
				  the use or activity by tenant fishing vessels;
3. If a commercial service, the availability
				  of said service elsewhere in the city of Newport or Narragansett and the impact
				  of permitting it on other service vendors; and,
4. The impact of permitting arrangement on
				  the price, availability and convenience of the service to tenant fishing
				  vessels.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.10 - Newport Lobster Shack Cooperative

Current through June 14, 2024
A. There shall be
				  no dockside sale, barter, or trading of lobster or crab within the State
				  facilities of the Port of Newport with the exception of the single, designated
				  point of sale location called, "The Newport Lobster Shack." The point of sale
				  location shall be operated and managed by the fishers directly by an
				  association of berth holders known as the "Fishers in Newport."
B. Participation in the lobster cooperative
				  for sale of lobsters/crabs directly by fishers to the public is available to
				  any berth holder possessing a valid endorsement issued pursuant to Part 90-00-2
				  of this Title, Commercial and Recreational Saltwater Fishing License
				  Regulations.