reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.4 - 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 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.5 - 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 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.6 - Superseded Rules and Regulations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					 and enforcement of aquaculture shall be superseded.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.8 - Permitting and Licensing Requirements

Current through June 14, 2024
A. Aquaculture
				  shall only be conducted within the waters of the State in a manner consistent
				  with the best public interest, with particular consideration given to the
				  effect of aquaculture on other uses of the free and common fishery and
				  navigation, and the compatibility of aquaculture with the environment of the
				  waters of the State. Applications shall be reviewed for consistency with R.I.
				  Gen. Laws Title 20 and no license shall be issued or renewed to any person
				  where the application is found to be in conflict with any requirement found in
				  these statutes.
B. Aquaculture
				  License: An Aquaculture license from the Director is required for an individual
				  to sell to licensed fish and shellfish dealers cultured crops from an
				  aquaculture lease or facility permitted by CRMC and operated in accordance with
				  the aquaculturist's approved operational plan.
1. Application shall be made on forms as
				  prescribed by the Director and may be submitted at any time during the year.
				  The license shall be issued on a calendar year basis (expiring December 31)
				  with an annual fee of two hundred dollars ($200.00).
2. Under no circumstances shall a license be
				  granted for species that are not endemic to Rhode Island, without prior
				  approval from the Director with the advice of the Biosecurity Board.
				  Determination of what species are endemic to Rhode Island shall be determined
				  by the Director.
3. No license
				  shall be renewed unless the applicant's aquaculture activities are conducted in
				  accordance with the approved operational plan. The operational plan must be
				  updated, resubmitted to CRMC, and approved by DEM prior to any operational
				  changes.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.9 - Shellfish Culture Requirements

Current through June 14, 2024
A. Cultured crops
				  exempt from wild stock Regulations: Aquaculturists harvesting their cultured
				  crops, in accordance with their CRMC Assent, DEM Aquaculture license, and
				  operational plan are exempt from the statutory and regulatory harvest
				  restrictions governing wild stocks, including: seasons, catch or bag limits,
				  minimum sizes, quotas, and methods of harvest. In no case may aquaculturists
				  possess, import, transport or offer for sale for human consumption to any
				  person bay quahogs with a hinge width of less than one inch (1"), unless
				  specifically authorized to possess, import, transport, or sell legal quahog
				  seed.
B. Shipment and importation
				  of shellfish seed: All shipments of shellfish brought into Rhode Island for
				  aquaculture operations must be approved by the Director or his/her designee and
				  must be labeled or tagged indicating the origin (operator/company name, license
				  number and body of water), date of importation and destination and must be
				  accompanied by a certificate of disease inspection.
1. All persons wishing to import shellfish
				  seed must submit a written request or email to the Aquaculture Coordinator of
				  CRMC at least five (5) working days prior to entry into the State. Such request
				  to be mailed to Coastal Resources Management Council, Stedman Government
				  Center, Suite 3, 4808 Tower Hill Road, Wakefield, RI 02879.
2. Prior to shipment, the Aquaculture
				  Coordinator will make a recommendation to the Director whether to approve or
				  deny any request to import shellfish seed and notify DEM Division of Law
				  Enforcement and Agriculture. The Aquaculture Coordinator may seek the advice
				  and consent of the Aquaculture Biosecurity Board in regard to such request to
				  import shellfish seed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.10 - Handling of Shellfish

Current through June 14, 2024
A. General
				  requirements: Shellfish aquaculturists shall conduct all activities and
				  operations involving or relating to the possession and handling of shell stock
				  so as to prevent contamination, deterioration and decomposition of such shell
				  stock.
B. Containers: Containers
				  used for storing shell stock must be clean.
C. Vessels: Vessel decks and storage bins
				  used in the harvest or transport of shell stock shall be kept clean with
				  potable water or water from the growing area in approved classification or the
				  open status of conditional areas. Aquaculturists using a vessel to harvest and
				  transport shell stock shall assure that said vessel is properly constructed,
				  operated and maintained to prevent contamination, deterioration and
				  decomposition of shell stock. Aquaculturists using a vessel to harvest and
				  transport shell stock shall prevent bilge water from coming into contact with
				  shell stock.
D. Bilge water:
				  Aquaculturists using a vessel to harvest and transport shell stock shall
				  provide such vessel with effective drainage to avoid contact between bilge
				  water and shell stock. Aquaculturists using a vessel to harvest and transport
				  shell stock shall locate bilge pumps so that discharge shall not contaminate
				  shell stock.
E. Waste discharge
				  prohibited: It is unlawful to discharge any sewage from a vessel into the
				  waters of the State.
F. Washing:
				  Shell stock shall be washed reasonably free of bottom sediments as soon after
				  harvesting as possible. The harvester shall be primarily responsible for
				  washing shell stock. If shell stock washing is not feasible at the time of
				  harvest, the dealer shall assume this responsibility. Water used for washing
				  shall be from a potable water source, or growing area in the approved
				  classification or open status of the conditionally approved
				  classification.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.11 - Tagging of Shellfish

Current through June 14, 2024
A. Required Use of
				  Tagged Containers: Aquaculturists must place any and all shellfish taken by
				  them (except those shellfish returned to the waters of the aquaculture lease or
				  facility) into containers, and must tag each and every container with a
				  completed harvester tag, prior to harvested shellfish being placed in the
				  container. The approximate quantity of shellfish may be completed at the
				  conclusion of harvest.
B. Tags: The
				  harvester tag shall be durable, waterproof and sanctioned by the DOH. The tag
				  shall contain the following indelible, legible information in the order
				  specified below:
1. Aquaculturist's license
				  number as assigned by DEM;
2.
				  Harvest commencement time and date;
3. The harvest location as identified by the
				  CRMC Assent number;
4. The harvest
				  location as identified on the Rhode Island Shellfish Harvest Area Tagging
				  Map;
5. Type (species) of
				  shellfish;
6. Approximate quantity
				  of shellfish; and,
7. The following
				  statement in bold capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL
				  CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90
				  DAYS"
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.13 - Special Exemption Permits

Current through June 14, 2024
A. Pursuant to R.I.
				  Gen. Laws §
										20-6-11, the Director is hereby
				  authorized to issue a special exemption permit to exempt Department of
				  Health-licensed food processing facilities, Department of Health licensed
				  shellfish dealers, and CRMC and DEM permitted aquaculturists from the one inch
				  (1") minimum size restriction governing bay quahogs. The exemption permit
				  applies only to frozen, packaged, cultured bay quahog products shipped into
				  Rhode Island for redistribution outside of the State or to quahogs subject to
				  removal pursuant to the provisions of R.I. Gen. Laws §
										20-10-14.
B. To apply for a special exemption permit, a
				  licensed processing facility, shellfish dealer, or aquaculturist must send a
				  letter to the Director requesting said permit. The letter shall include a
				  detailed explanation of the reason for which the special exemption permit is
				  being requested, and shall set forth the proposed dates during which the
				  requested special exemption permit shall be effective. In considering whether
				  to issue a requested permit, the Director shall consider whether additional
				  supporting documentation is required, including but not limited to any CRMC
				  ordered closures or suspensions of aquaculture activities, pathology reports,
				  or other information the Director requests to inform his/her decision. Any
				  permit issued under this section may have conditions applied by the Department,
				  including but not limited to the date of expiration of the permit, restrictions
				  regarding where undersized quahogs may be sold, the size of quahogs the permit
				  may apply to, and the number of undersized quahogs that may be sold under the
				  permit.
C. A person or facility
				  that is issued a special exemption permit is required to comply with all other
				  requirements set forth in this Part, as well as all other applicable statutes
				  and Regulations. In addition, a facility that is issued a special exemption
				  permit is required to comply with any terms, conditions, or restrictions the
				  Director includes within the special exemption permit, which may include
				  restrictions on product forms, sizes, possession requirements, and other
				  provisions in order to maintain the protection of the quahog
				  resource.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.14 - Enforcement

Current through June 14, 2024
A. Authority to Enter and Inspect: The
				  Director shall have the authority to enter and inspect any and all aquaculture
				  facilities for the purposes of determining compliance with the terms and
				  provisions of the CRMC assent or permit, DEM license, and approved operational
				  plan (R.I. Gen. Laws §
										20-10-15).
B. Violations: Unless otherwise provided,
				  violations of and/or noncompliance with the Regulations set forth herein shall
				  be prosecuted under the applicable sections of R.I. Gen. Laws Chapter 20-10. In
				  addition to other penalties provided by law or other Rule or Regulation, any
				  licensed aquaculturist who violates the provisions of these Rules or any order
				  issued by the director shall be subject to suspension, revocation or denial of
				  his/her license and/or permit in accordance with R.I. Gen. Laws §§
										20-2-13,
				  20-10-16.1, and
				  42-17.1-2(19).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.1 - Authority and Purpose

Current through June 14, 2024
2.1.1 Authority
				  These regulations are promulgated under the authority conferred by R.I. Gen.
				  Laws §§
										2-1-9 and
				  2-1-10, and are established to
				  implement and enforce the Standards for the Growing, Harvesting, Packing, and
				  Holding of Produce for Human Consumption (Produce Safety Rule) under the FDA
				  Food Safety Modernization Act, Pub. Laws 111-353, as it pertains to commercial
				  growers of fruits and vegetables.
2.1.2 Purpose The purpose of these
				  regulations is to adopt minimum safety standards for the growing, harvesting,
				  packing and holding of produce for human consumption with those established by
				  the FDA pursuant to 21 C.F.R. Part 112 (2016).
2.1.3 Applicability The terms and provisions
				  of these regulations shall permit the Rhode Island Department of Environmental
				  Management (DEM) to effectuate the purposes of federal and state law, goals,
				  and policies.
2.1.4 Scope These
				  regulations, in accordance with R.I. Gen. Laws §
										2-1-10, apply to every person who
				  grows, harvests, packages and/or holds produce for human consumption on-farm,
				  whether or not for profit. Inspections apply to any field, building,
				  storehouse, warehouse, cold-storage plant, packing house, stockyard, or any
				  other building or place on-farm where farm products are produced, kept, stored
				  or offered for sale.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.2 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate the FDA Food
					 Safety Modernization Act Final Rule on Produce Safety 21 C.F.R. Part 112 (2016)
					 by reference, not including any further editions or amendments thereof and only
					 to the extent that the provisions therein are not inconsistent with these
					 regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.4 - Standards for Growing, Harvesting, Labeling, Packing, and Holding Produce

Current through June 14, 2024
A. The standards for growing, harvesting,
				  labeling, packing, and holding produce shall be identical to the FDA Food
				  Safety Modernization Act Final Rule on Produce Safety, incorporated above at
				  §
										2.2 of
				  this Part.
B. The standards for
				  off-farm packing, labeling and holding of produce by a Covered Farm shall be
				  identical to the FDA Food Safety Modernization Act Final Rule on Produce
				  Safety, incorporated above at §
										2.2 of this Part.
C. All Covered Farms shall use a record
				  keeping and coding system for regulated produce that identifies all produce
				  placed into the distribution chain or delivered directly to retail
				  markets.
D. All Covered Farms shall
				  have a written traceability program that, at a minimum, allows a traceback
				  investigation to follow the produce both forward and backward at least to the
				  next level in the marketing chain. Records for the traceability program may be
				  in paper or electronic form and must be made available within twenty-four (24)
				  hours after request during any inspection or investigation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.5 - Registration of Produce Farms, Voluntary Inspections

Current through June 14, 2024
A.
				  The owner of a produce farm shall be required to register annually with the
				  Department and provide the following information on a form prescribed by the
				  Department:
1. Name;
2. Address;
3. Name and address of the produce farm that
				  the applicant seeks to register;
4.
				  Description of all produce to be grown at the produce farm; and
5. Address of actual location where produce
				  will be grown and acreage; and
6.
				  Address of actual location where produce will be grown and type of indoor
				  growing facility (greenhouse, hoop house, etc.), if applicable.
7. Address of actual location where produce
				  will be packaged, held or stored.
8. Such other information as the Department
				  may reasonably require to protect public health and safety.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.7 - Adulterated and Misbranded Produce

Current through June 14, 2024
A. The sale or
				  offering for sale of Adulterated or Misbranded produce shall be
				  prohibited.
B. The Department may
				  investigate any allegation of adulteration, misbranding, illness or injury
				  alleged to have been caused by produce grown and offered for sale by a Covered
				  Farm, or a farm that has requested voluntary inspection, or any other farm in
				  the State. Such investigation may include any area, building or vehicle under
				  the respondent's control where produce is grown, harvested, packed, stored,
				  held, or transported. Such investigation may include obtaining samples and
				  specimens for laboratory analysis.
C. Whenever a complaint is investigated the
				  Department shall inform the respondent of the nature of the complaint and of
				  their right to provide a written response to the complaint and to obtain a copy
				  of the complaint and any reports, results of laboratory analysis and other
				  documentation in the custody of the Department upon completion of the
				  investigation and subject to the provisions of R.I. Gen. Laws Chapter
				  38-2.
D. A certificate of analysis
				  from a laboratory of the Rhode Island Department of Health, the United States
				  Food and Drug Administration, the United States Department of Agriculture or
				  other accredited laboratory acceptable to the Department, shall be considered
prima facie
evidence of the ingredients and constituents of
				  any sample or specimen submitted for analysis by the Department.
E. Violations of this section shall be
				  subject to the enforcement provisions set out in §§
										2.9 through
				  2.11 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.8 - Required Records

Current through June 14, 2024
A. Records shall be
				  kept in compliance with 21 C.F.R. Part 112 subpart O, incorporated above at
				  §
										2.2 of
				  this Part, as well as with documents and records identified in these
				  regulations and shall be available for inspection, or made available for
				  inspection or copying, within twenty-four (24) hours of request.
B. All produce farms in the State shall use a
				  record keeping/product coding system to trace-back produce they grow, harvest,
				  pack, store and introduce into commerce to facilitate the effective recall of
				  produce when such action is necessary to protect public health. Records shall
				  be capable to trace produce entered into wholesale or retail distribution back
				  to the producing farm and/or related acreage. Such records shall be maintained
				  for a period of time that exceeds the expected shelf life of the produce or one
				  (1) year, whichever is longer. Trace-back records shall be made available to
				  the Department immediately upon request.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.9 - Enforcement and Compliance

Current through June 14, 2024
A. Whenever an
				  inspection or investigation reveals any violation of the Act, incorporated
				  above at §
										2.2 of this Part or these
				  regulations which does not rise to the level of an Egregious Violation, the
				  registrant, applicant or respondent shall be notified in writing of such
				  violations(s) and of any corrective actions necessary to cure the violation and
				  specifying the time period within which such corrective action(s) shall be
				  implemented. After notification, if such registrant, applicant or respondent
				  fails to correct a violation within the specified time period, the Department
				  may suspend, revoke, deny or refuse to renew any registration or certificate
				  issued pursuant to the Act, incorporated above at §
										2.2 of this Part, and these
				  regulations. The Department may also issue orders for recall, embargo,
				  destruction, or stop sale in the event that registrant, applicant, or
				  respondent fails to correct a violation within a specified time
				  frame.
B. Whenever an inspection or
				  investigation reveals a violation of the Act, incorporated above at §
										2.2 of this Part, or these
				  regulations that constitutes an Egregious Condition warranting immediate
				  action, the Department shall have the authority to issue recall, embargo,
				  destruction or stop sale orders immediately as necessary to ensure adequate
				  mitigation and correction of conditions. Such orders shall become effective
				  upon issuance. Following issuance of any such order, subsequent proceedings
				  shall proceed in accordance with R.I. Gen. Laws §
										42-17.1-2 (21 )(ii).
C. The Department may place an embargo on
				  produce with probable cause to believe is Adulterated or has been associated
				  with an Egregious Condition or presents an immediate public health risk,
				  provided that:
1. A written notice is issued
				  to the registrant or the person in charge at the facility, or if no one is
				  present at the facility, conspicuously posted at the facility; and
2. The notice specifies the reason(s) for the
				  embargo order.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.10 - Hearings and Dispute Resolution

Current through June 14, 2024
A. The following
				  shall apply an order for the recall, embargo, destruction, or stop sale order
				  and an appeal therefrom:
1. No person shall
				  donate, remove, dispose of, sell or offer for sale such produce subject to an
				  embargo, destruction or quarantine order without the permission of the
				  Department. Any person aggrieved by an embargo, destruction or quarantine order
				  may request a hearing before the Department not more than five (5) business
				  days after the issuance of such order. The hearing shall be conducted not later
				  than five (5) business days after the receipt of the appeal. If no appeal is
				  made pursuant to this subsection the order shall be deemed agreed to and shall
				  be enforced.
2. Following any
				  hearing, the Department shall make a determination as to whether such produce
				  complies with the provisions of the Act, incorporated above at §
											2.2 of this Part, and these
				  regulations and is safe for use as a food. If the Department determines the
				  produce is unsafe or unfit for use as food, the Department may order the owner
				  or custodian to destroy, denature or dispose of such produce. The Department
				  shall supervise the destruction or other disposition of such produce. If the
				  Department finds the produce is safe for use as food and is not detrimental to
				  public health, or finds such produce can be properly packaged, marked or
				  otherwise brought into compliance with the provisions of the Act, incorporated
				  above at §
											2.2 of this Part, or these
				  regulations, the Department may order such produce to be so packaged, marked or
				  otherwise brought into compliance and may thereafter authorize the release
				  produce. The owner of such produce shall pay all of the costs of storage,
				  handling, destruction and other related expenses.
3. If the embargo, destruction or quarantine
				  order is removed by the Director, an Administrative Hearing Officer, or by a
				  court, neither the Department, any employee of the Department, nor the State
				  shall be held liable for damages unless the court finds that there was no
				  probable cause for the embargo, destruction or quarantine order.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.11 - Penalties

Current through June 14, 2024
A. If the Department finds that that the
				  owner or operator of a Covered Farm has failed to register pursuant to the Act,
				  incorporated above at §
										2.2 of this Part, and these
				  regulations, the Department may assess a civil penalty not to exceed one
				  thousand dollars ($1,000).
B. If
				  the Department finds that the owner or operator of a farm subject to the Act,
				  incorporated above at §
										2.2 of this Part, or these
				  regulations cultivates, grows, harvests, handles, or stores produce in this
				  State in violation of the requirements of the Act, incorporated above at §
										2.2 of this Part, and these
				  regulations, the Department may assess a civil penalty not to exceed five
				  thousand dollars ($5,000) per day. Each day that the violation continues to
				  exist shall be deemed a new violation.
C. In addition to a civil penalty, the
				  Department may suspend, revoke, deny or refuse to renew any registration
				  required, or certificate issued pursuant to the Act, incorporated above at
				  §
										2.2 of
				  this Part, and these regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.12 - Coordination with Other Agencies

Current through June 14, 2024
The Department may enter into agreements and MOUs with
					 applicable state and federal partners to coordinate and enhance inspections,
					 investigations, embargos and the recall of produce already in commerce within
					 the State as well as outside of its jurisdiction. The Director shall establish
					 and maintain these agreements and will review their effectiveness on an annual
					 basis.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.1 - Purpose

Current through June 14, 2024
The purpose of these rules and regulations is to permit the
					 importation into the State of Rhode Island of only those domestic animals which
					 are disease free or which originate from sources that have qualified as disease
					 free according to State or Federal Standards.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws Chapter 42-17.1, Environmental Management, R.I. Gen. Laws §
										4-4-23 and R.I. Gen. Laws Chapter
					 42-35, Administrative Procedures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.3 - Administrative Findings

Current through June 14, 2024
Animals harboring infectious diseases present a health
					 threat to the domestic animals, native wildlife and human populations of Rhode
					 Island. Many infectious, contagious diseases of animals are not readily
					 detected through physical examination and anamnesis, but require the
					 application of approved laboratory diagnostic procedures by professionally
					 trained and supervised personnel. Therefore, only animals that have been tested
					 and found to be disease-free or originate from qualified disease-free sources
					 may be allowed entry into Rhode Island. It is necessary that any animal testing
					 positive for certain diseases pursuant to such procedures may be denied
					 entrance into Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.4 - Incorporated Materials

Current through June 14, 2024
A. These regulations
				  hereby adopt and incorporate the 2003 Pseudorabies Eradication
				  State-Federal-lndustry Program Standards as developed by the United States
				  Department of Agriculture (USDA) by reference, not including any further
				  editions or amendments thereof and only to the extent that the provisions
				  therein are not inconsistent with these regulations. The 2003 Pseudorabies
				  Eradication State-Federal-lndustry Program Standards can be found at the
				  following URL (The document is the reference. The URL is only provided as a
				  convenience to the reader):
https://www.aphis.usda.gov/animal_health/animal_dis_spec/swine/downloads/prv_program_standards.pdf
.
B. These regulations hereby adopt and
				  incorporate the 2003 Brucellosis Eradication Uniform Methods and Rules as
				  developed by the United States Department of Agriculture (USDA) by reference,
				  not including any further editions or amendments thereof and only to the extent
				  that the provisions therein are not inconsistent with these regulations. The
				  2003 Brucellosis Eradication Uniform Methods and Rules can be found at the
				  following URL (The document is the reference. The URL is only provided as a
				  convenience to the reader):
https://www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr
				  bovine bruc.pdf
.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.8 - Importation of Dogs and Cats for the Purpose of Rescue, Shelter, Foster Care, Adoption, Brokering, or Remote Sale

Current through June 14, 2024
A. Any entities
				  that import a dog or cat for rescue, adoption, foster care, brokering, and/or
				  remote sales must register with the Department via the submittal of an
				  application form provided by the Department. The application can be found at
				  the Rl DEM Division of Agriculture/Animal Health website.
B. No entity may import any dog or cat for
				  rescue, adoption, foster care, brokering, or remote sales until the entity is
				  in possession of a valid registration certificate issued by the
				  Department.
C. No entity may
				  transport any dog or cat for rescue, adoption, foster care, brokering, or
				  remote sales into the state for that purpose until the carrier has registered
				  with the Department as a carrier and is in possession of a valid registration
				  certificate issued by the Department. The application can be found at the Rl
				  DEM Division of Agriculture/Animal Health website.
D. General Requirements of all entities and
				  carriers:
1. Must register with the
				  Department and hold a valid certificate of registration issued by the
				  Department.
2. Must keep complete
				  records on forms issued by the Department.
3. Must make records available to inspectors
				  from the Department.
4. Must
				  identify a point of contact who resides within the State of Rhode Island who
				  will be responsible for producing all records that the Department may lawfully
				  request. A copy of all records must be kept by the designated point of
				  contact.
5. Must notify the
				  Department of all expected shipments of dogs or cats being imported into the
				  state as to the time and location of the arrival of the shipments. Notification
				  must be received by the Department no less than twenty-four (24) hours prior to
				  arrival of the shipment. Notification may be in the form of email, phone call,
				  voice mail, or written letter. The Department reserves the right to inspect any
				  or all shipments to verify compliance with importation regulations and to
				  verify the health of the animals being imported. It is the responsibility of
				  the entity to notify the Department of the shipment.
6. All animals being imported must be
				  accompanied by a valid Certificate of Veterinary Inspection (CVI) and be
				  currently vaccinated against rabies if age eligible.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.9 - Dogs and Cats

Current through June 14, 2024
A. Identification
				  and Certificate of Veterinary Inspection are required for the importation of
				  all dogs and cats that are imported into the State of Rhode Island.
B. Rabies: All dogs and cats three (3) months
				  of age or older imported into Rhode Island must be accompanied by proof of
				  rabies vaccination. Pursuant to Part 2 of this Subchapter, Rules and
				  Regulations Governing the Prevention, Control, and Suppression of Rabies within
				  the State of Rhode Island, the only acceptable proof of rabies vaccination is a
				  valid rabies vaccination certificate. The rabies vaccination must have been
				  administered by a licensed veterinarian. Adult animals six (6) months of age or
				  older that have received only an initial or first documented vaccination must
				  have been vaccinated at least thirty (30) days prior to entry into the state.
				  Puppies and kittens three (3) to six (6) months of age that have received
				  initial rabies vaccination are eligible for immediate entry into the State
				  without waiting thirty (30) days.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.10 - Cattle

Current through June 14, 2024
A. Official Identification and Certificate of
				  Veterinary Inspection required except where noted under §
										1.6 of this Part.
B. Rabies: All cattle three (3) months of age
				  or older imported into Rhode Island for exhibition, show, competition, or
				  public display purposes must be accompanied by proof of rabies vaccination not
				  more than one (1) year, nor less than thirty (30) days prior to entry into
				  Rhode Island. Calves that are between three (3) and six (6) months of age may
				  enter Rhode Island immediately after receiving primary immunization without
				  being required to wait thirty (30) days after vaccine administration. The
				  rabies vaccination must be administered by a licensed veterinarian and pursuant
				  to Part 2 of this Subchapter. Rules and Regulations Governing the Prevention,
				  Control, and Suppression of Rabies within the State of Rhode Island. The only
				  acceptable proof of rabies vaccination is a valid rabies vaccination
				  certificate.
C. Tuberculosis: All
				  dairy cattle, Mexican origin beef cattle, and exhibition cattle must test
				  negative pursuant to a USDA officially recognized tuberculosis test within
				  sixty (60) days immediately prior to entry into Rhode Island. Negative
				  tuberculosis tests are not required for domestic origin beef cattle. Negative
				  tuberculosis tests are not required for dairy cattle, Mexican origin beef
				  cattle or exhibition cattle that are identified as a member of a herd that has
				  been certified tuberculosis free and that herd originating in a tuberculosis
				  accredited free state. Such tuberculosis free certification must have been
				  performed within twelve (12) months prior to entry into Rhode Island by a
				  veterinarian licensed and accredited in the state of origin of the animals and
				  the certification test must include all test eligible animals within the herd.
				  The animals to be imported must have been included in the herd test.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.11 - Swine

Current through June 14, 2024
A. Official identification and Certificate of
				  Veterinary Inspection is required for all swine except where noted under §
										1.6 of this Part.
B. Brucellosis:
1. Commercial Swine to be eligible for
				  importation into Rhode Island must either:
a.
				  Originate from a brucellosis validated free herd, or;
b. Originate from a non-quarantined herd in a
				  validated swine brucellosis free state, or;
c. If over four (4) months of age, test
				  negative to a USDA officially recognized brucellosis test no more than thirty
				  (30) days immediately prior to entry into Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.12 - Sheep

Current through June 14, 2024
A. Official identification and Certificate of
				  Veterinary Inspection are required except where noted under §
										1.6 of this Part.
				  Certificates of Veterinary Inspection must contain a "Scrapie Statement" by an
				  accredited veterinarian stating that to the best of his/her knowledge the sheep
				  listed on the certificate do not have symptoms of Scrapie, have no known
				  exposure to Scrapie infected animals, and, are not the progeny of Scrapie
				  infected animals.
B. Scrapie: No
				  sheep affected with Scrapie or originating from a flock quarantined or
				  epidemiologically linked to a flock quarantined for Scrapie shall be imported
				  into Rhode Island.
C. Psoroptic
				  Scabies: No sheep affected or exposed to psoroptic scabies shall be imported
				  into Rhode Island.
D. Rabies: All
				  sheep three (3) months of age or older imported into Rhode Island for
				  exhibition, show, competition, or public display purposes must be accompanied
				  by proof of rabies vaccination not more than one (1) year, nor less than thirty
				  (30) days prior to entry into Rhode Island. Lambs that are between three (3)
				  and six (6) months of age may enter Rhode Island immediately after receiving
				  primary immunization without being required to wait thirty (30) days after
				  vaccine administration. The rabies vaccination must be administered by a
				  licensed veterinarian and pursuant to Part 2 of this Subchapter. Rules and
				  Regulations Governing the Prevention, Control, and Suppression of Rabies within
				  the State of Rhode Island. The only acceptable proof of rabies vaccination is a
				  valid rabies vaccination certificate.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.13 - Goats

Current through June 14, 2024
A. Official Identification and Certificate of
				  Veterinary Inspection required except where noted under §
										1.6 of this Part,
				  Certificates of Veterinary Inspection must contain a "Scrapie Statement" by the
				  accredited veterinarian stating that to the best of his/her knowledge the goats
				  listed on the certificate do not have symptoms of Scrapie, have no known
				  exposure to Scrapie infected animals, and, are not the progeny of Scrapie
				  infected animals.
B. Tuberculosis:
				  All goats must be individually tested and found negative for tuberculosis by a
				  USDA officially recognized test no more than sixty (60) days prior to entry
				  into Rhode Island.
C. Brucellosis:
				  All goats must be individually tested and found negative to a USDA officially
				  recognized Brucellosis test no more than thirty (30) days immediately prior to
				  entry into Rhode Island. Exception: unweaned kids are not required to be
				  individually tested for Brucellosis if they are accompanied by their dam and
				  the dam has been tested and found negative pursuant to a USDA officially
				  recognized Brucellosis test no more than thirty (30) days immediately prior to
				  entry into Rhode Island.
D.
				  Scrapie: No goat affected with Scrapie or originating from a herd quarantined
				  or epidemiologically linked to a herd quarantined for Scrapie shall be imported
				  into Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.14 - Poultry, Ratites, and Game Birds

Current through June 14, 2024
A. Official
				  Identification and Certificate of Veterinary Inspection, or other federally
				  recognized certification of disease-free status are required, except where
				  noted under §
										1.6 of this Part.
B. Salmonella Pullorum: All poultry, ratites,
				  and game birds five (5) months of age or more, and hatching eggs imported for
				  the purposes of breeding or egg production, must originate from a flock
				  designated "Pullorum Free" under the supervision of the poultry disease control
				  officials of the state of origin, or, individually tested and found to be
				  negative for the disease pursuant to an agglutination test, or other recognized
				  test, for Salmonella Pullorum no more than thirty (30) days prior to entry into
				  the state. All poultry less than five (5) months of age and all hatching eggs
				  imported into the state must originate from a flock designated as "Pullorum
				  Free" under the supervision of the poultry disease control officials in the
				  state of origin.
C. Avian
				  Influenza: All poultry, ratites, and game birds of any age, that originates in
				  any zone under control for avian influenza must be tested and found to be
				  negative for avian influenza, or originate from an avian influenza tested
				  negative flock. All hatching eggs that originate in any zone under control for
				  avian influenza must be derived from parent flocks that have been tested and
				  found to be negative for avian influenza. Testing for Avian Influenza must be
				  performed no more than ten (10) days prior to entry into the state. The method
				  of testing must be consistent with current approved serological and/or viral
				  screening methods as approved by the Rhode Island State Veterinarian. Avian
				  Influenza testing may be required at any time as prescribed by R.I. Gen. Laws
				  Chapter 4-4, under authority of the Director of the Department of Environmental
				  Management.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 1 - Rules and Regulations Governing the Importation of Domestic Animals › Section 250-RICR-40-05-1.15 - Equidae

Current through June 14, 2024
A. Official identification and Certificate of
				  Veterinary Inspection or Extended Equine Certificate of Veterinary Inspection
				  are required except where noted under §
										1.6 of this Part.
B. Equine Infectious Anemia: All
Equidae
imported must be accompanied by proof on an official
				  negative serological test for Equine Infectious Anemia or (EIA) conducted no
				  more than twelve (12) months prior to entry into the state. All Certificates of
				  Veterinary Inspection must include the following: the date and result of EIA
				  testing; the name of the testing laboratory, and; the laboratory accession
				  number. Exception: no test is required for foals under six (6) months of age
				  when the foal is accompanied by its dam and the dam is accompanied by proof of
				  a negative official EIA test conducted no more than twelve (12) months prior to
				  entry into the state.
C. Rabies:
				  All
Equidae
three (3) months of age or older imported into
				  Rhode Island for exhibition, show, competition, or public display purposes must
				  be accompanied by proof of rabies vaccination not more than one (1) year, nor
				  less than thirty (30) days prior to entry into Rhode Island. Foals that are
				  between three (3) and six (6) months of age may enter Rhode Island immediately
				  after receiving primary immunization without being required to wait thirty (30)
				  days after vaccine administration. The rabies vaccination must be administered
				  by a licensed veterinarian and pursuant to Part 2 of this Subchapter, Rules and
				  Regulations Governing the Prevention, Control, and Suppression of Rabies within
				  the State of Rhode Island. The only acceptable proof of rabies vaccination is a
				  valid rabies vaccination certificate.