reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 1 - Rules and Regulations of the Pesticide Relief Fund (250-RICR-40-15-1) › Section 250-RICR-40-15-1.3 - Criteria for Eligible IPM Projects and Eligible Recipients of IPM Grant from the Pesticide Relief Fund

Current through June 14, 2024
A. Definition of
				  "Integrated pest management" means all eligible recipients and IPM projects
				  must Integrated Pest Management (IPM) as defined in §23-25.2-2 of the R.I.
				  Gen. Laws.
B. Funding Requirements:
				  All eligible recipients an IPM projects must concern problems in Rhode
				  Island.
C. Dates of Funding: All
				  IPM proposals and grants must be for work done for a period of no longer than
				  one (1) year.
D. Eligible
				  Recipients: The Director of the Department of Environmental Management will
				  consider proposals, which include, but are not limited to the following areas:
1. Research grants to Rhode Island
				  institutions of higher learning for IPM research projects in both agricultural
				  and urban pest control;
2.
				  Education grants to Rhode Island environmental organizations, Rhode Island
				  institutions of higher learning, and departments or agencies of government to
				  promote the concept of IPM;
3.
				  Program grants to departments or agencies of both state and local government
				  for IPM, programs in such areas as mosquito abatement, gypsy moth control, and
				  urban pest management in publicly owned buildings;
4. Program grants to private firms and for
				  IPM programs in privately-owned buildings that are open to the general public,
				  such as hospitals, museums, malls and schools;
5. Program grants to farmers for IPM programs
				  on their farms.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 1 - Rules and Regulations of the Pesticide Relief Fund (250-RICR-40-15-1) › Section 250-RICR-40-15-1.7 - Amount of Award

Current through June 14, 2024
No IPM grant shall exceed twenty-five percent (25%) of the
					 amount available in the portion of the fund reserved for such grants at the
					 time the grant is awarded.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 1 - Rules and Regulations of the Pesticide Relief Fund (250-RICR-40-15-1) › Section 250-RICR-40-15-1.8 - Award of the Director

Current through June 14, 2024
The Pesticide Relief Advisory board shall review each
					 proposal according to its guidelines and make its recommendations to the
					 Director of the Department of Environmental Management. The Director of the
					 Department of Environmental Management shall make the awards after giving due
					 consideration to the recommendations of the Board, the amount in the fund, the
					 eligibility of the applicant and the proposal.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 1 - Rules and Regulations of the Pesticide Relief Fund (250-RICR-40-15-1) › Section 250-RICR-40-15-1.9 - Notice of Agreement

Current through June 14, 2024
Those individuals, educational institutions, municipalities
					 or other organizations that are notified that they have been selected to
					 receive IPM funding shall sign an agreement with the Department of
					 Environmental Management specifying the terms conditions of the
					 award.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 1 - Rules and Regulations of the Pesticide Relief Fund (250-RICR-40-15-1) › Section 250-RICR-40-15-1.10 - Changes in Agreement

Current through June 14, 2024
Subject to the approval of the Director of the Department
					 of Environmental Management, any changes(s) to be made in the signed agreement,
					 particularly those effecting change(s) in budgetary expenditures, shall require
					 a new agreement reflecting said approved change(s) to be signed between the
					 Department of Environmental Management and the recipient of IPM
					 funding.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to ensure the
					 enforcement and administration of the Rhode Island Pesticide Control Act and
					 its amendments, the protection of public health and to avoid degradation of the
					 environment of the State. The regulations as herein set forth include, but are
					 not limited to, providing for the collection, examination, and reporting of
					 samples of pesticides or devices; the safe use, handling, transportation,
					 storage, display, distribution, and disposal of pesticides and their
					 containers; provide for labeling requirements of all pesticides; prescribe
					 methods to be used in the application of pesticides; and establish standards of
					 minimum competence levels for applicators of pesticides.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.2 - Authority

Current through June 14, 2024
A. These Rules and Regulations are
				  promulgated pursuant to the requirements and provisions of R.I. Gen. Laws
				  Chapters 42-17.1, "Department of Environmental Management", 42-17.6,
				  "Administrative Penalties for Environmental Violations", and R.I. Gen. Laws
				  §
										23-25-1, "Pesticide Control Act",
				  and in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, the
				  "Administrative Procedures Act".
B.
				  Pursuant to the above cited provisions of the R.I. Gen. Laws, the Department of
				  Environmental Management's Division of Agriculture & Resource Marketing its
				  Chief and designated agents shall be responsible for carrying out the
				  provisions of these Rules and Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.3 - Applicability

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 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.5 - "Restricted Use" and "State Limited Use" Pesticides

Current through June 14, 2024
A.
				  "Restricted Use" Pesticides - Any pesticide which is classified as "restricted
				  use" by the administrator of EPA under
				  7 U.S.C. §
											136a(d)(1), or as a
				  "state-limited use" pesticide under the R.I. Gen. Laws §
										23-25-9 of the Rhode Island
				  Pesticide Control Act. A listing of such "restricted use" pesticides shall be
				  maintained with the Division of Agriculture.
B. "State Limited Use" Pesticides - In
				  accordance with R.I. Gen. Laws §
										23-25-9 of the Rhode Island Pest
				  Control Act, the pesticides contained herein are classified as "state limited
				  use". As such, the following restrictions and/or conditions of use shall apply:
1. Effective January 31, 1987, all uses,
				  distribution and sale of pesticide products containing Chlordane have been
				  canceled and banned:
a. Products containing
				  Chlordane shall not be distributed or used in the State of Rhode
				  Island.
b. Products containing
				  Chlordane shall not be distributed or offered for sale by any person, dealer,
				  store, or company in the State of Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.6 - Record Keeping Requirements

Current through June 14, 2024
A. Dealer Records -
				  Any person issued a dealer's license is required to keep, for at least two full
				  years, true and accurate records containing the following information:
1. The delivery, distribution, movement,
				  storage, or holding of any "restricted use" or "state limited use" pesticide,
				  including the quantity;
2. The date
				  of shipment, sale and receipt;
3.
				  The EPA registration number;
4. The
				  name of consignor and name and certification number of the consignee.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.7 - Categories for Commercial Applicators

Current through June 14, 2024
A. The Director
				  may, after a public hearing, add additional categories or subcategories as
				  needed for the certification of commercial applicators.
B. Every commercial applicator who uses or
				  supervises the use of a "restricted use" or "state limited use" pesticide in
				  any of the following categories and subcategories must be certified pursuant to
				  §
										2.9 of
				  this Part for that category and sub-category. The categories and sub-categories
				  for commercial applicators are:
2.7.1
Category 1: Agricultural Pest
				  Control
A. Category 1A - Plant - This
				  category includes commercial applicators using or supervising the use of
				  "restricted use" or "state limited use" pesticides in the production of
				  agricultural crops, such as feed grains, forage, vegetables, fruits & nuts,
				  as well as on grasslands and non-crop agricultural lands.
B. Category 1B - Animal - This category
				  includes applicators using or supervising the use of "restricted use" or "state
				  limited use" pesticides on animals, such as beef cattle, dairy cattle, swine,
				  sheep, horses, goats, poultry, and livestock, and to places on or in which
				  animals are confined. Veterinarians and physicians who only apply pesticides as
				  drugs or medication during the course of their normal practice need not become
				  certified (or licensed). This exclusion is not applicable to physicians and
				  veterinarians who apply pesticides for hire, who publicly hold themselves out
				  as pesticide applicators, or who engage in large-scale use of pesticides in
				  this category.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.9 - General Standards for all Categories and Subcategories of Commercial Applicators

Current through June 14, 2024
A. All commercial
				  applicators must demonstrate practical knowledge of the principles and
				  practices of pest control and safe use of pesticides. Testing shall be based on
				  examples of problems and situations appropriate to the particular category or
				  sub-category, if any, in which the applicant wishes to be certified in the
				  following areas:
1. Label and Labeling
				  Comprehension
a. General format and
				  terminology;
b. Understanding of
				  instruction, warnings, terms, symbols, and other information commonly appearing
				  on pesticide labels;
c.
				  Classification of the products, general or restricted; and
d. Necessity for use consistent with the
				  label, or as otherwise allowed by interpretation or regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.10 - Specific Standards of Competency for Each Category and Sub-category of Commercial Applicators

Current through June 14, 2024
Commercial applicators in each category shall be
					 particularly qualified with the respect to the specific standards
					 elaborated.
2.10.1
Agricultural
				  Pest Control
A. Plant - Applicators
				  must demonstrate practical knowledge of crops grown and the specific pests of
				  those crops on which they may be using "restricted use" or "state limited use"
				  pesticides. The impact of such competency is amplified by the extensive areas
				  involved, the quantities of pesticides needed, and the ultimate use of many
				  commodities as food and feed. Practical knowledge is required concerning soil
				  and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity,
				  and potential for environmental contamination, non-target injury and community
				  problems resulting from the use of "restricted use" or "state limited use"
				  pesticides in agricultural areas.
B. Animal - Applicators applying pesticides
				  directly to animals must demonstrate practical knowledge of such animals and
				  their associated pests. A practical knowledge is also required concerning
				  specific pesticide toxicity residue potential, since host animals will
				  frequently be used for food. Further, the applicator must know the relative
				  hazards associated with such factors as formulation, application techniques,
				  age of animals, stress and extent of treatment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.12 - Standards of Competency for Private Applicators

Current through June 14, 2024
A. Private
				  applicators must show that he or she possesses a practical knowledge of the
				  pest problems and pest control practices associated with his or her
				  agricultural operations; proper storage, use, handling and disposal of the
				  pesticides and containers; and his or her related legal responsibility
				  appropriate to 40 C.F.R.
				  §
											171.5(a) (2017). This
				  practical knowledge includes the ability to:
1. Recognize common pests to be controlled
				  and damage caused by them.
2. Read
				  and understand the label and labeling information including the common name of
				  pesticides they applied; pest(s) to be controlled, timing and methods of
				  application; safety precautions; and pre-harvest or re-entry restriction; and
				  any specific disposal procedures.
3. Apply pesticides in accordance with label
				  instructions and warnings, including the ability to prepare the proper
				  concentration of pesticide to be used under particular circumstances taking
				  into account such factors as area to be covered, speed at which application
				  equipment will be driven, and the quantity dispersed in a given period of
				  operation.
4. Recognize local
				  environmental situations that must be considered during application to avoid
				  contamination.
5. Recognize
				  poisoning symptoms and procedures to follow in case of a pesticide
				  accident.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.13 - Pesticide Registration

Current through June 14, 2024
A. No out-of-state
				  manufacturer, producer, or distributor shall offer a pesticide for (Retail)
				  sale in Rhode Island through mail order catalogues, direct mail, electronic or
				  other media or advertising without first registering that pesticide according
				  to the provisions of R.I. Gen. Laws §
										23-25-6.
B. Pesticide products which have the same
				  formula, the same EPA registration number, are manufactured and distributed by
				  the same person, the labeling of which contains the same claims, and the labels
				  of which bear a designation identifying the product as the same pesticide
				  product may be registered as a single pesticide product; and additional names
				  and labels shall be added by supplement statements during the current period of
				  registration.
C. If during the
				  current registration period, the manufacturer or producer changes or alters any
				  part of the active ingredient statement of a pesticide product registered with
				  the Director, they must register the pesticide product as a new product whether
				  or not it receives a new EPA registration number.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.14 - Experimental Use Permits

Current through June 14, 2024
A. Any person who
				  intends to use a pesticide, for which an experimental use permit had been
				  issued by EPA pursuant to Section
				  5(a) of
				  FIFRA, in Rhode Island, shall, prior to its shipment to and/or use in Rhode
				  Island notify the Director of their intent and shall apply for permission to do
				  so. The applicant shall supply the Director with the following information:
1. Type of product
2. Name of product
3. Name and address of permittee
4. Active ingredient name and
				  percentage
5. Inert ingredient
				  percentage
6. Experimental permit
				  no.
7. Complete label and
				  labeling
8. Amount to be
				  used
9. Names and addresses of
				  applicators involved
10.
				  Application sites or locations
11.
				  Efficacy, and/or toxicological studies or data
12. Such other information as the Director
				  deems necessary to protect public and the environment
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.15 - Certification Documents

Current through June 14, 2024
A. Certified
				  Commercial Applicators
1. Commercial
				  applicators may be issued certification documents only after they have paid the
				  required fee and successfully complied with the procedure set forth in §
											2.9 of this Part.
2. The Director shall issue a wallet size
				  certification document with the following information:
a. Applicator's name,
b. Address,
c. Certification number,
d. Expiration date,
e. Categories of certification,
f. Place for applicator's
				  signature.
3. The wallet
				  size document shall be on the applicator's person at all times when applying a
				  general use, "restricted use" or "state limited use" pesticide. This document
				  will also be utilized by the applicator as a means of identification for his
				  purchase of "restricted use" or "state limited use" pesticides.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.16 - Maintenance of Pesticide Certification and Licensing

Current through June 14, 2024
A.
				  All licensed and certified pesticide applicators are required to maintain
				  competency in the use and application of pesticides. Every five years from the
				  date of their license or certification, licensed and certified applicators must
				  demonstrate competency by either re-examination, or by accruing the required
				  number of credit hours through continuing education as specified for each
				  license and certification in §
										2.16(B) of
				  this Part in order to:
1. Ensure that they
				  continue to meet the requirements of changing technology, covering uses for
				  which they are certified or licensed;
2. Assure that they maintain a continuing
				  level of competence and ability to use pesticides safely and properly covering
				  uses for which they are certified or licensed; and
3. Acquaint them with changes in Federal and
				  State regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.18 - Dealer Licenses

Current through June 14, 2024
A. Any person
				  engaged in the distribution of any "restricted use" or "state limited use"
				  pesticide as a pesticide dealer shall possess a valid pesticide dealer's
				  license issued by the Director. A licensee shall be required for each location
				  or outlet, within the State, from which such pesticides are distributed, sold,
				  held for sale, or offered for sale.
B. Application for licensing shall be filed
				  with the Department, and shall contain such information as the Director may
				  require.
C. A fee of $30.00 shall
				  be charged to the issuance of the initial license and at the time of each
				  annual renewal.
D. A license shall
				  be valid for a period beginning with the actual date of issuance and ending on
				  February 28th, unless it has been revoked or suspended prior thereto by the
				  Director for cause.
E. The Director
				  shall require a person, who has a fixed distribution center within the State
				  and who wishes to become licensed, to pass a written examination. Such
				  examination will be designed to enable the person to demonstrate his knowledge
				  of the types of information to be found on a pesticide label and that he is
				  familiar with the State and Federal laws governing his sale, storage and
				  distribution of "state limited use" and "restricted use" pesticides.
F. The Director shall require out-of-state
				  dealer representatives who physically operate and distribute within the State
				  to pass the required examination as provided by §
										2.18(E) of
				  this Part.
G. A manufacturer,
				  registrant, or distributor of "state limited use" or "restricted use"
				  pesticides who has no fixed distribution center within the State but who wishes
				  to distribute such pesticides directly to certified applicators within the
				  State may obtain a dealer's license by paying the required fee and signing a
				  form attesting to his knowledge of state and Federal laws governing such
				  distribution.
H. No person under
				  eighteen (18) years of age shall be eligible for licensing as a dealer, nor
				  shall they be engaged in the sale and distribution of "restricted use" or
				  "state limited use" pesticides.
I.
				  Licensed Dealers shall cooperate with the Department requests to inspect
				  pesticide related records, to inspect business premises and to conduct
				  pesticide related sampling.
J. The
				  Director may deny licensing or may suspend, revoke or otherwise modify a
				  license once issued for reasons including the following:
1. That the applicant made a false or
				  misleading statement in the application for licensing.
2. That the applicant or license holder has
				  violated any provision of the RIPCA, any applicable Federal Statues, or
				  regulations promulgated thereunder.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.20 - Reciprocity

Current through June 14, 2024
A. Applicants for reciprocal certification
				  must have successfully completed all necessary certification requirements in
				  their resident state and must submit proof of such to the Director.
B. Applicants for reciprocal certification
				  must complete all requirements of the Director relative to certification with
				  the exception of taking the written examination.
C. All grantees of reciprocal certification
				  shall be responsible for and bound by the provisions of the RIPCA, the Rules
				  and Regulations adopted thereunder, and of any lawful order of the
				  Director.
D. Whenever a person's
				  certification is denied, suspended, revoked or modified by his resident state,
				  the reciprocal certification, granted by the Director, shall be at least
				  similarly denied, suspended, revoked or modified.
E. Reciprocal certification shall only remain
				  in effect as long as certification is maintained in the resident
				  state.
F. Reciprocal certification
				  documents shall bear a notation distinguishing them from other certification
				  documents.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.21 - Financial Responsibility

Current through June 14, 2024
A. Each applicant
				  for commercial applicator licensing shall show proof of financial
				  responsibility to consist of either:
1. A
				  performance bond drawn payable to the State of Rhode Island in the amount of
				  $20,000 per job, or
2. The
				  following minimum insurance coverage: Comprehensive General Liability (ground
				  application): Bodily Injury Liability - $20,000 each occurrence $40,000
				  Aggregate Property Damage Liability (Including completed operations and
				  chemical or pollution liability) - $25,000
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.22 - Standards for Supervision of Non-Certified Applicators by Certified Private and Commercial Applicators

Current through June 14, 2024
A. Certified
				  applicators whose activities indicate a supervisory role must demonstrate a
				  practical knowledge of Federal and State supervisory requirements, including
				  labeling, regarding the application of "restricted use" pesticides by
				  noncertified applicators.
B. The
				  availability of certified applicators must be directly related to the hazard of
				  the situation.
1. No general-use pesticide
				  shall be applied by non-certified or un-licensed applicators for hire without
				  the direct supervision of a certified or licensed commercial applicator. No
				  restricted use pesticide shall be applied by an un-licensed or non-certified
				  applicator without the direct supervision of a certified private or commercial
				  applicator. Direct supervision means the on-site supervision of any pesticide
				  application by an appropriately certified or licensed applicator who is
				  responsible for such application and is capable of dealing with emergency
				  situations which might occur, pursuant to the provisions of these
				  regulations.
2. In situations where
				  labeling requires, the actual physical presence of a certified applicator shall
				  be required when application is made by a noncertified applicator.
3. In situations in which sub-surface
				  application of the following classes of termiticides are made, the actual
				  physical presence of an applicator certified in Category 7(B) (§2.10.7(B)
				  of this Part) is required when application or any part thereof is made by any
				  applicator not certified in Category 7(B) (§2.10.7(B) of this Part):
a. Clyclodienes.including but not limited to
				  chlordane, aldrin, dieldrin, and heptachlor.
b. Organo-Phosphates.including but not
				  limited to chlorpyrifos.
c.
				  Synthetic Pyrethoids
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.23 - Turf Management and Lawn Care

Current through June 14, 2024
A. Definitions -
				  Unless defined in §
										2.4 of this Part or the
				  context clearly indicates otherwise, the following terms shall have the
				  following meanings as they are applied to turf management and lawn care:
1. Homeowner shall mean the owner or occupant
				  of a private single family residence or the manager of a multi-unit
				  dwelling.
2. Applicator shall mean
				  the individual or company providing lawn care services.
3. Immediate Service Call shall include:
1) customer complaints,
2) lawn threatening pests - but shall not
				  include regularly scheduled treatments.
4. End Use Product shall mean the
				  pesticide(s) as applied and shall not mean the concentrate.
5. Public Recreation Facilities shall include
				  golf courses, playgrounds, athletic facilities, school grounds, and
				  parks.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.25 - Transportation of Pesticides

Current through June 14, 2024
A. General
				  Requirements: Accidental spills of pesticides may occur during their
				  transportation because damage to containers most often occurs during times of
				  loading and transport. In order to reduce the risk of such incidents, the
				  following minimum safety precautions must be used at all times:
1. Vehicles transporting pesticides shall
				  comply with United States Department of Transportation (DOT) regulations for
				  the transportation of hazardous materials and hazardous wastes,
				  49 C.F.R. §
												171 (2017), at all times.
2. Transport from storage and/or mixing areas
				  only the quantity and amounts of pesticides or tank mixes which may be commonly
				  used during the day's operations. Left over or unused pesticides shall be kept
				  secured and locked at all times or returned to storage facilities at the end of
				  each day.
3. Pesticides shall be
				  transported in truck beds, trailers, or vehicle compartments, which are
				  isolated from drivers and passengers.
4. Pesticides shall be transported in their
				  original containers, with the EPA registered label intact, except that service
				  containers or application equipment are exempt from this provision. Service
				  containers must be transported as outlined in §
											2.25(A)(7) 
				  of this Part.
5. During
				  transportation, pesticides and their mixes, shall be stored in tightly closed
				  containers, secured to prevent tipping over or shifting. Pesticides shall not
				  be transported in open containers.
6. Pesticides must not be transported in the
				  same cargo area as food, animal feeds and food, clothing, or potable
				  water.
7. No person shall transport
				  or otherwise possess any pesticide in any service container, except when in
				  application equipment, unless the service container has attached to it a
				  readable label with the following information:
a. Brand or Trade Name;
b. EPA Registration Number;
c. Name and Percentage of Active
				  Ingredient(s) in the service container; if a concentrate, or if the service
				  container contains a dilution, a statement identifying it as a diluted
				  pesticide and the percentage of the Active Ingredient.
d. Appropriate signal word as stated on the
				  EPA registered label; that is, Danger-Poison, Warning, or Caution;
				  and
e. Name, address, and phone
				  number of the pest control company and/or its owner.
8. No person shall place or keep any
				  pesticide in any container commonly used for food, drink, or household
				  products.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.26 - 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 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 3 - Rules and Regulations Relating to Marine Antifoulant Paints Containing Tributyltin (250-RICR-40-15-3) › Section 250-RICR-40-15-3.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws Chapter 23-25, and in accordance with the procedures set forth in the R.I.
					 Administrative Procedures Act, R.I. Gen. Laws §42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 3 - Rules and Regulations Relating to Marine Antifoulant Paints Containing Tributyltin (250-RICR-40-15-3) › Section 250-RICR-40-15-3.2 - Definitions

Current through June 14, 2024
A. As used in these regulations, the
				  following terms, shall, where the context permits, be construed as follows:
1. "Acceptable release rate" means a measured
				  release rate not to exceed 4.0 micrograms per square centimeter per day for
				  weeks 3 to 5, and a cumulative release rate of 168 micrograms per square
				  centimeter for the first 14 days as determined in accordance with a U.S.
				  Environmental Protection Agency (EPA) testing procedure as outlined in the EPA
				  data call-in notice of July 29, 1986, on tributyltin in antifoulant paints
				  under the federal insecticide, fungicide, and rodenticide act,
				  7 U.S.C. §
												136. If a lower release rate is determined by
				  the department to be necessary to protect health or the environment, then such
				  rate, if duly adopted by regulatory action of the Department, shall be the
				  acceptable release rate as herein defined.
2. "Commercial boat yard" means any facility,
				  which engages for hire in the construction, storage, maintenance, repair, of
				  refurbishing of vessels (other than sea-planes) or any licensed independent
				  marine maintenance contractor who engages in such activities.
3. "Department" means the Department of
				  Environmental Management.
4.
				  "Marine antifoulant paint" means any compound, coating paint, or treatment
				  applied or used for the purpose of controlling freshwater or marine fouling
				  organisms on vessels.
5.
				  "Tributyltin compounds" means any compound having three normal butyl groups
				  attached to a tin atom and with or without an anion such as chloride, fluoride,
				  or oxide.
6. "Vessel" means every
				  description of watercraft, other than a seaplane, used or capable of being used
				  as means of transportation on the water, whether self-propelled or otherwise,
				  and includes barges and tugs.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 3 - Rules and Regulations Relating to Marine Antifoulant Paints Containing Tributyltin (250-RICR-40-15-3) › Section 250-RICR-40-15-3.3 - Rule A - Restricted Use and State Limited Use Restricted

Current through June 14, 2024
3.3.1
State Limited Use
				  Pesticide
A. The registration of
				  marine antifoulant paints containing tributyltin shall be classified for State
				  Limited Use effective July 1, 1988. The following conditions of sale and use
				  shall be included in this State Limited Use Registration:
1. Except as otherwise provided in this
				  chapter, a person may not distribute, possess, sell, or offer for sale, or
				  apply, or offer for use of application any marine antifoulant paint containing
				  tributyltin compounds. Authorized personnel of the Department of Environmental
				  Management, Department of the Attorney General, and the Division of State
				  Police may seize any antifoulant paint held in violation of this chapter and
				  any seized substances shall be considered forfeited.
2. A person may distribute or sell a marine
				  antifoulant paint containing tributyltin with an acceptable release rate to the
				  owner or agent of a commercial boat yard. The owner or agent of a commercial
				  boat yard may possess and apply, or purchase for application, an antifoulant
				  paint containing tributyltin with an acceptable release rate; however such
				  paint may be applied only within a commercial boat yard and only to vessels
				  which exceed sixty-five feet in length or which have aluminum hulls, or to
				  vessels less than sixty-five feet in length if it is applied only to the
				  outboard or lower drive unit of such vessels.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.1 - Purpose

Current through June 14, 2024
These rules establish requirements for implementation of
					 the Farm, Forest, and Open Space Act. The Department of Environmental
					 Management, Divisions of Forest Environment and Agriculture in cooperation with
					 cities and towns are responsible for administering the program. These
					 regulations will: define properties eligible for inclusion; set eligibility
					 requirements; specify standards for continued eligibility.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws Chapter 44-27 and R.I. Gen. Laws §§
										44-5-39 through
					 41.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.3 - 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, findings and policies in accordance with the following
					 rules and regulations which establish eligibility.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.5 - Taxation of Farm, Forest, and Open Space Land

Current through June 14, 2024
A.
				  Pursuant to R.I. Gen. Laws §
										44-27-10.1(a),
				  farmlands classified in the farm, forest or open space program shall not be
				  subject to a land use tax change if the landowner converts no more than twenty
				  percent (20%) of the total acreage of land which is actively devoted to
				  agricultural or horticultural use to install a renewable energy
				  system.
B. Any acreage utilizing a
				  dual use generation system, as defined in §
										1.4 of this Part, shall not
				  be included in the calculation of the twenty percent (20%)
				  restriction.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.8 - Application for Designation of Open Space Land

Current through June 14, 2024
A. All
				  applications for classification of land as open space must be made to the
				  assessor of the city or town where the land is located. The Director is not
				  authorized to designate open space land pursuant to this act. Pursuant to R.I.
				  Gen. Laws §
										44-27-5, an owner of land may
				  apply for its classification as open space land on any assessment list of a
				  city or town by filing a written application for that classification with the
				  assessor of the city or town, not earlier than thirty (30) days before nor
				  later than thirty (30) days after the date of assessment, except in years of
				  revaluation when the landowner may file not later than thirty (30) days after
				  receiving written notice of revaluation or in its absence after receipt of the
				  tax bill. The assessor determines whether the land meets the definition of
				  "open space" in these regulations and if the assessor determines that it is
				  open space, the assessor classifies the land as open space land and includes it
				  as open space on the assessment list.
B. Recommended values for open space will be
				  periodically determined by the Farm, Forest and Open Space Land Value
				  Subcommittee.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.9 - Revocation of Farmland or Forestland Designation

Current through June 14, 2024
A. When
				  requested to do so by the assessor or whenever the Director deems it necessary,
				  the Director shall re-examine a farmland or forestland designation. If the
				  Director finds that the property no longer qualifies as farmland or forestland,
				  then the Director shall act to revoke the certificate of designation. Any
				  action to revoke a certificate of designation shall be preceded by a notice to
				  the owner of the land in accordance with R.I. Gen. Laws §
										42-35-14(c)
				  stating the facts or conduct that support revocation of the certificate and
				  providing the owner with a time within which to demonstrate compliance with the
				  requirements necessary to retain the farmland or forestland designation. If the
				  owner fails to demonstrate sufficient compliance to retain the farmland or
				  forestland designation, then the Director shall initiate administrative
				  proceedings pursuant to R.I. Gen. Laws §
										42-17.1-2(21) to
				  revoke certificate of designation. Pursuant to R.I. Gen. Laws §§
										42-17.7-9,
				  44-27-3(b) and
				  44-27-4(b), the
				  notice of revocation shall inform the owner that he/she has thirty (30) days to
				  bring the land into compliance or to request a formal administrative
				  hearing.
B. Whenever a compliance
				  order that finds that the land is no longer farmland or forestland shall become
				  effective, whether after the hearing or automatically after thirty (30) days
				  where no hearing has been requested, the Director shall issue a certificate
				  revoking the designation as per R.I. Gen. Laws §§
										44-27-3(b) and
				  44-27-4(b). The
				  certificate of revocation shall be issued in duplicate with one copy going to
				  the landowner and one copy being filed in the office of the assessor of the
				  city or town in which the land is located. Revocation of certificate of
				  designation by action of the Director makes the land subject to the land use
				  change tax pursuant to R.I. Gen. Laws §
										44-5-39.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.10 - Criteria for Revocation of Designation of Farmland

Current through June 14, 2024
A.
				  The Director may revoke a certificate designating land as farmland whenever the
				  land is used in a manner that is inconsistent with its management as farmland,
				  including but not limited to situations where:
1. The land remains unused for two (2)
				  planting seasons for reasons other than federal (or state) set
				  asides.
2. Operations to strip
				  topsoil or to mine sand or gravel or other minerals, other than for on-farm
				  uses, are undertaken on designated land.
3. Building permits for structures not
				  directly related to the farm operation are obtained or construction for such
				  structure commences.
4. The
				  procedures and schedule outlined in the Conservation Plan for the property are
				  not followed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.11 - Criteria for Revocation of Designation of Forestland

Current through June 14, 2024
A.
				  The Director may revoke a certificate designating land as forestland whenever
				  the land is used in a manner that is inconsistent with its management as
				  forestland including but not limited to situations where:
1. The procedures and schedule outlined in
				  the forest stewardship plan for the property are not followed.
2. Operations to strip topsoil or to mine
				  sand or gravel or other minerals, other than for improvements to subject
				  forestlands, are undertaken on designated land.
3. Building permits for structures not
				  directly related to the forest operation are obtained or construction for such
				  structure commences.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.12 - Appeals

Current through June 14, 2024
Any person who has exhausted all administrative remedies
					 available to him/her within the agency and who is aggrieved by a final order of
					 the Director in a contested case may seek appellate review pursuant to R.I.
					 Gen. Laws §
										42-35-15 of the Administrative
					 Procedures Act, by filing a complaint in the Superior Court within thirty (30)
					 days after mailing of notice of the Director's final
					 decision.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.13 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations, and any policies regarding the administration
					 and enforcement of the Farm, Forest, and Open Space Act promulgated by the
					 Secretary of State on October 2, 1980 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.