reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 7 - Rules and Regulations Relating to Shell Eggs (250-RICR-40-20-7) › Section 250-RICR-40-20-7.5 - Procedures Sale of Egg

Current through June 14, 2024
A. Egg sale
				  requirements:
1. All eggs displayed, offered
				  for sale or advertised in any form shall include a statement of the proper
				  grade and size, and grade and size shall not be abbreviated.
2. Any person selling eggs to a consumer
				  shall give notice of the exact grade and size of eggs by plainly and
				  conspicuously printing the grade and size on top of the carton, or other
				  container in which the eggs are delivered to purchaser.
3. The marking of the grade and size upon any
				  carton or other container in which eggs are exposed for sale or delivered to
				  the purchaser, shall be in clearly legible block type letters and the grade
				  size designations shall not be abbreviated.
4. The means used in determining the Rhode
				  Island consumer grades and standards of quality of individual eggs shall be the
				  process commonly known as candling.
5. Any person, firm or corporation selling
				  eggs to a retailer shall furnish said retailer an invoice with delivery of eggs
				  clearly specifying and the grade and size of eggs sold, and the grade and size
				  shall not be abbreviated, see §
											7.5 of this Part. Said
				  invoice shall be available for inspection purposes to the director of
				  environmental management or his agent for a period of 30 days from the date of
				  purchase.
6. Grade terms and weight
				  classification on all cases of eggs shall be placed on top in block letters. If
				  the cover of a case of eggs is opened to display the eggs, a placard must be
				  conspicuously placed on the case stating the grade and size.
7. "Clearly legible letters" means that all
				  those words indicating grade and size of eggs shall be block type letters, in
				  size proportionate with the balance of the lettering used.
8. For the purpose of these regulations, a
				  retailer shall be deemed to be any person, firm or corporation buying eggs for
				  resale to consumers, and a first receiver shall be that person or firm or
				  corporation selling eggs to a retailer.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 7 - Rules and Regulations Relating to Shell Eggs (250-RICR-40-20-7) › Section 250-RICR-40-20-7.6 - Liability

Current through June 14, 2024
Any person, firm or corporation selling Rhode Island
					 consumer grades of eggs shall be liable for any violations or infractions of
					 the law or rules relating thereto.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 7 - Rules and Regulations Relating to Shell Eggs (250-RICR-40-20-7) › Section 250-RICR-40-20-7.7 - Violations - Penalties

Current through June 14, 2024
When the director of environmental management becomes
					 cognizant of any violation or infraction of the law, he shall cause notice of
					 such violations together with a copy of his findings to be given the person or
					 persons concerned. Persons so notified shall be given a hearing by said
					 director. Notice of such hearings shall declare the date, hour and place of
					 hearing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws §
										2-6-7 and Chapter 42-17.1, and in
					 accordance with the procedures set forth in the R.I. Administrative Procedures
					 Act, R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate
				  7 C.F.R. §
											201 (2017) 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.
B. These regulations hereby adopt and
				  incorporate the 2017 Variety Fluorescence Levels (VFL) Report, AOSCA Grass
				  Variety Review Board, March 8, 2017 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.
C. These regulations hereby adopt and
				  incorporate 7 C.F.R. §
											201.36c (1994) 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 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.3 - Methods of Sampling, Inspecting, Analyzing, Testing and Examining Agricultural and Vegetable Seeds and Tolerances to be Followed in the Administration of These Rules and Regulations

Current through June 14, 2024
The terms used in seed testing and the methods of sampling,
					 inspecting, analyzing, testing and examining agricultural and vegetable seeds
					 and the tolerances to be followed in the administration of these rules and
					 regulations shall be those adopted effective July 1, 1955, and as subsequently
					 amended by the Association of Official Seed Analysts.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.4 - Prohibited Noxious Weed Seeds

Current through June 14, 2024
A. The following
				  list of prohibited noxious weed seeds is established effective January 1, 1979:
Bindweed, Convolvulus arvensis
Nutgrass, Cyperus spp.
Quackgrass, Agropyron repens
Thistle, Canada, Cirsium arvense
B.
				  The sale of agricultural, vegetable or lawn seed containing any prohibited
				  noxious weed seeds is prohibited.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.5 - Restricted Noxious Weed Seeds

Current through June 14, 2024
A. The following
				  list of restricted noxious weed seeds is established effective January 1, 1979:
Corncockle, Agrostemma githago
Dodder, Cuscuta spp.
Garlic, Wild, Allium vineale
Horsenettle, Solanum carolinense
Mustard, Wild, Brassica spp.
Onion, Wild, Allium canadense
Plaintain, Buckhorn, Plantago ianceolata
Radish, Wild, Raphanus raphanistrum
Sowthistle, Perennial, Sonchus arvensis
B.
				  The label shall show the name and approximate number of each kind of restricted
				  noxious weed seed:
1. Per ounce in Agrostis
				  spp., Poa spp., timothy, orchardgrass, fescues, alsike and white clover, reed
				  canarygrass, ryegrass, foxtail millet, alfalfa, red clover, sweetclovers,
				  lespedezas, smooth brome, crimson clover, and other agricultural seeds of a
				  size and weight similar to or greater than those within this group, or any
				  mixtures within this group; and,
2. Per pound in sudangrass, wheat, oats, rye,
				  barley, buckwheat, sorghums, vetches, and other agricultural seeds of a size
				  and weight similar to or greater than those within this group or any mixtures
				  within this group.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.6 - Germination Standards for Vegetable Seeds

Current through June 14, 2024
The standards for the germination of vegetable seeds shall
					 be those promulgated by the U.S. Department of Agriculture as set forth in the
					 Federal Seed Act Regulations, 7 C.F.R. §
											201 (See
					 7 C.F.R. §
											201.31 Germination Standards for Vegetable
					 Seeds in Interstate Commerce), incorporated above at §
										8.2 of this
					 Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.7 - White Sweetclover

Current through June 14, 2024
Sweetclover seed containing more than 5 percent of yellow
					 sweetclover seed (more than 1.25 percent) mottled seeds must not be labeled
					 white sweetclover. Such seed must be labeled sweetclover or as a
					 mixture.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.8 - Grower's Declaration

Current through June 14, 2024
A grower's declaration is a statement signed by the grower
					 giving, for any lot of seed the lot number, the kind, variety, origin and
					 weight.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.9 - Labeling of Seed Distributed to Wholesalers

Current through June 14, 2024
After seed has been processed it must be labeled before
					 distribution to any person including a wholesaler. Each bag or bulk lot must be
					 completely labeled when supplied to a retailer or consumer. Labeling of seed
					 supplied to a wholesaler, one whose predominant business is to supply seed to
					 other distributors rather than to consumers of seed, may by invoice if each bag
					 or other container is clearly identified by a lot number stenciled on the
					 container or if the seed is in bulk. Each bag or container that is not so
					 identified must carry complete labeling.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.10 - "Grass Variety Fluorescence Levels" (VFL)

Current through June 14, 2024
For purposes of labeling under R.I. Gen. Laws §
										2-6-3(3)(ii)(A),
					 "Grass Variety Fluorescence Levels" shall include those kinds or varieties
					 approved by the Association of Official Seed Certifying Agencies, as set forth
					 in the 2017 Variety Fluorescence Levels (VFL) Report, AOSCA Grass Variety
					 Review Board, Marcy 8, 2017, incorporated above at §
										8.2(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 8 - Rules and Regulations under the Rhode Island State Seed Law (250-RICR-40-20-8) › Section 250-RICR-40-20-8.11 - Hermetically-Sealed Seed

Current through June 14, 2024
A. The following
				  standards, requirements and conditions must be met before seed is considered to
				  be hermetically-sealed under the provisions of these rules and regulations.
1. The seed was packaged within 9 months
				  after harvest.
2. The container
				  used does not allow water vapor penetration through any wall, including the
				  seals, greater than 0.05 grams of water per 24 hours per 100 square inches of
				  surface at 100°F with a relative humidity on one side of 90 percent and on
				  the other side of 0 percent. Water vapor penetration or WVP is measured by the
				  standards of the U.S. Bureau of Standards as: gm.H2O/24 hr./100 sq.
				  in./100°F/90% RH V.0% RH, as set forth in
				  7 C.F.R. §
												201.36c (1994), incorporated above at §
											8.2(C) of
				  this Part.
3. The seed in the
				  container does not exceed the percentage of moisture, on a wet weight basis, as
				  listed below:
a. Agricultural Seeds:
Agricultural Seeds
Percent
Beet, Field
7.5
Beet, Sugar
7.5
Bluegrass, Kentucky
6.0
Clover, Crimson
8.0
Fescue, Red
8.0
Ryegrass, Annual
8.0
Ryegrass, Perennial
8.0
All others
6.0
Mixture of above
8.0
b.
				  Vegetable Seeds:
Vegetable Seeds
Percent
Bean, Garden
7.0
Bean, Lima
7.0
Beet
7.5
Broccoli
5.0
Brussel Sprouts
5.0
Cabbage
5.0
Carrot
7.0
Cauliflower
5.0
Celeriac
7.0
Celery
7.0
Chard, Swiss
7.5
Chinese Cabbage
5.0
Chives
6.5
Collards
5.0
Corn, Sweet
8.0
Cucumber
6.0
Eggplant
6.0
Kale
5.0
Kohlrabi
5.0
Leek
6.5
Lettuce
5.5
Muskmelon
6.0
Mustard, India
5.0
Onion
6.5
Onion, Welsh
6.5
Parsley
6.5
Parsnip
6.0
Pea
7.0
Pepper
4.5
Pumpkin
6.0
Radish
5.0
Rutabaga
5.0
Spinach
8.0
Squash
6.0
Tomato
5.5
Turnip
5.0
Watermelon
6.5
All Others
6.0
4. The container is conspicuously labeled in
				  not less than 8 point type to indicate:
a.
				  That the container is hermetically sealed,
b. That the seed has been preconditioned as
				  to moisture content, and,
c. The
				  calendar month and year in which the germination test was completed.
5. The percentage of germination
				  of seed at the time of packaging was equal to or above the standards specified
				  elsewhere in these rules and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.1 - Purpose

Current through June 14, 2024
The purpose of these rules and regulations is to ensure
					 that agricultural products labeled as organic or transitional have been
					 produced, handled, or processed according to organic
					 standards.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.2 - Authority

Current through June 14, 2024
These Rules and Regulations are adopted pursuant to R.I.
					 Gen. Laws Chapter 42-17.1, Environmental Management, Chapter 21-20, in
					 accordance with 42-35, Administrative Procedures; and The Organic Foods
					 Production Act of 1990, 7
					 U.S.C. §
											6501 et seq.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.3 - Administrative Findings

Current through June 14, 2024
These rules and regulations establish the National Organic
					 Program, 7 C.F.R. §
											205 (2000), as standards for organically
					 labeled products of the farm in Rhode Island, and authorize the Department of
					 Environmental Management to apply to the USDA for status as an accredited
					 certifier or State organic program under
					 7 C.F.R. §
											205.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.4 - 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 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.5 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate the National
					 Organic Program, 7 C.F.R.
					 §
											205 (2000) 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 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.7 - Organic Advisory Board - Appointment of Members

Current through June 14, 2024
A.
				  There is hereby created an organic advisory board.
B. The board shall consist of five members
				  appointed for terms as indicated:
1. The
				  president, or an officer or member designated by the president, of the Rhode
				  Island Northeast Organic Farming Association (one year).
2. One producer of organic crops appointed by
				  the Director of the Department of Environmental Management (three
				  years).
3. One producer of organic
				  livestock appointed by the Director of the Department of Environmental
				  Management (three years).
4. One
				  handler of organic products appointed by the Director of the Department of
				  Environmental Management (three years).
5. One at large member who is knowledgeable
				  in the production or marketing of organic products appointed by the Director of
				  the Department of Environmental Management (one year).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.8 - Organic Advisory Board - Duties

Current through June 14, 2024
A. The board shall
				  serve in an advisory capacity to the Director of Environmental Management in
				  all aspects of the production, handling, marketing, and promotion of organic
				  products.
B. The organic advisory
				  board shall meet with the Director of the Department of Environmental
				  Management biannually and at any other times as requested by the
				  Director.
C. The organic advisory
				  board shall make an annual recommendation on the fees for certification to the
				  Director of the Department of Environmental Management as requested by the
				  Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.9 - Administrative Policies and Procedures

Current through June 14, 2024
A. A person seeking
				  to receive or maintain organic certification under the regulations in this Part
				  must:
1. Comply with the Act,
				  7 C.F.R. §
												205 (2000), incorporated above at §
											9.5 of this Part, and
				  applicable organic production and handling regulations of this Part;
2. Establish, implement, and update annually
				  an organic production or handling system plan that is submitted to the
				  Department as provided for in 7 C.F.R. §
												205.200 et
				  seq.;
3. Permit on-site inspections
				  with complete access to the production or handling operation, including
				  noncertified production and handling areas, structures, and offices by the
				  Department as provided for in 7 C.F.R. §
												205.403;
4. Maintain all records applicable to the
				  organic operation for not less than 5 years beyond their creation and allow
				  authorized representatives of the Secretary, the Department access to such
				  records during normal business hours for review and copying to determine
				  compliance with the Act and the regulations in this Part, as provided for in
				  7 C.F.R. §
												205.104;
5. Submit to the Department fees as follows:
a. Fees stated in §
												9.9(A)(5)(b) and
				  (c) of this Part below may be reduced on an
				  annual basis by the Director of the Department of Environmental Management
				  according to program costs;
b.
				  $300.00 for organic producer certification, with nonrefundable $150.00 due with
				  the organic production system plan and the balance of $150.00 due prior to
				  inspection of the operation;
c.
				  Nonrefundable $550.00 for organic handler certification due with the organic
				  handling system plan; and,
6. Immediately notify the Department
				  concerning any:
a. Application, including
				  drift, of a prohibited substance to any field, production unit, site, facility,
				  livestock, or product that is part of an operation; and,
b. Change in a certified operation or any
				  portion of a certified operation that may affect its compliance with the Act
				  and the regulations in this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.10 - Transitional Certification

Current through June 14, 2024
A. Products of
				  farms in transition to organic certification may be labeled or represented as
				  "certified transitional" or "transitional" after 12 months of production using
				  organic methods which comply with the Act and the regulations in this
				  Part.
B. In order to market
				  products as "certified transitional" or "transitional" an operation must
				  maintain records as set forth in
				  7 C.F.R. §
											205.103 and develop an organic production
				  plan as set forth in 7 C.F.R.
				  §
											205.201.
C. At least one inspection must occur prior
				  to harvest of a transitional crop in order for the crop to be labeled or
				  represented as "certified transitional" or "transitional".
D. Transitional status may only be granted
				  where the applicant can provide evidence of:
1. At least 12 months active organic
				  management prior to harvest; or,
2.
				  Twelve (12) months with no application of prohibited materials prior to
				  planting and organic management of any area of the farm that is or will be used
				  for transitional crop production.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.11 - Transfer of Logo Material Upon Termination of Certification

Current through June 14, 2024
In the event that a certified operation dissolves or loses
					 or surrenders its certification, any unused certified organic logo materials
					 issued to that operation by the Department shall be returned to the
					 Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.12 - Enforcement

Current through June 14, 2024
These Rules and Regulations shall be enforced in accordance
					 with the applicable General Laws of the State of Rhode Island and regulations
					 of the Director of the Department of Environmental Management. For the purpose
					 of the enforcement of these regulations, all civil penalties imposed for
					 violations of these regulations, including
					 7 C.F.R. §
											205.662(g)(1) shall be
					 computed in accordance with R.I. Gen. Laws §42-17.6 and the Department's
					 Rules and Regulations for the Assessment of Administrative Penalties. All
					 sanctions imposed in accordance with
					 7 C.F.R. §
											205.662(g)(2) shall be
					 levied in accordance with R.I. Gen. Laws §
										21-20-6.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.13 - Prohibitions

Current through June 14, 2024
Products of the farm offered for sale as graded, marked,
					 labeled, packed or branded as conforming to the term "Rhode Island Certified
					 Organic" or "Rhode Island Certified Transitional" must in fact so
					 conform.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 9 - Rules Related to Cultural Practices for Branding Products of the Farm (250-RICR-40-20-9) › Section 250-RICR-40-20-9.14 - Severability

Current through June 14, 2024
If any provisions 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 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.1 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to R.I. Gen.
					 Laws §
										2-7-13 and Chapter 42-17.1, and in
					 accordance with the procedures set forth in the R.I. Administrative Procedures
					 Act, R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate the Official Methods of Analysis of
				  the Association of Official Analytical Chemists,
				  11th Edition (1970) 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.
B. These Regulations hereby adopt and
				  incorporate the Official Methods of Analysis of the Association of Official
				  Analytical Chemists, 12th Edition (1975) 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.
C. These Regulations
				  hereby adopt and incorporate the Journal of the Association of Official
				  Analytical Chemists, Volume 49, No. 5 (October 1966) 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 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.3 - Plant Nutrients in Addition to Nitrogen, Phosphorus and Potassium

Current through June 14, 2024
A. Other plant nutrients, when mentioned in
				  any form or manner shall be registered and shall be guaranteed. Guarantees
				  shall be made on the elemental basis. Sources of the elements guaranteed and
				  proof of availability shall be provided the Director upon request. The minimum
				  percentages which will be accepted for registration are as follows:
Element
%
Element
%
Calcium (Ca)
1.00
Copper (Cu)
0.05
Magnesium (Mg)
0.50
Iron (Fe)
0.10
Sulfur (S)
1.00
Manganese (Mn)
0.05
Boron (B)
0.02
Molybdenum (Mo)
0.0005
Chlorine (Cl)
0.10
Sodium (Na)
0.10
Cobalt (Co)
0.0005
Zinc (Zn)
0.05
B.
				  Guarantees or claims for the plant nutrients listed in §
										10.3(A) of
				  this Part are the only ones which will be accepted. Proposed labels and
				  directions for the use of the fertilizer shall be furnished with the
				  application for registration upon request. Any of the above listed elements
				  which are guaranteed shall appear in the order listed immediately following
				  guarantees for the primary nutrients of nitrogen, phosphorus and
				  potassium.
C. A warning or caution
				  statement is required on the label for any product which contains three one
				  hundredths of one percent (0.03%) or more of boron in water soluble form. This
				  statement shall carry the word "warning" or "caution" conspicuously displayed,
				  shall state the crop(s) for which the fertilizer is to be used, and state that
				  the use of the fertilizer on any other than those recommended may result in
				  serious injury to the crop(s).
D.
				  Products containing one one thousandth of one percent (0.001%) or more of
				  molybdenum also require a warning statement on the label. This shall include
				  the word "warning" or "caution" and one (1) statement that the application of
				  fertilizers containing molybdenum may result in forage crops containing levels
				  of molybdenum which are toxic to ruminant animals.
E. Example of Warning or Caution Statements:
1. Boron:
a. Directions: Apply this fertilizer at a
				  maximum of three hundred fifty (350) pounds per acre for alfalfa or red clover
				  seed production. Caution: do not use on other crops. The boron may cause injury
				  to them.
b. Caution: Apply this
				  fertilizer at a maximum rate of seven hundred (700) pounds per acre for alfalfa
				  or red clover seed production. Do not use on other crops; the boron may cause
				  serious injury to them.
c. Warning:
				  This fertilizer carries added borax and is intended for use only on alfalfa.
				  Its use on any other crops or under conditions other than those recommended may
				  result in serious injury to the crop.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.4 - Specialty Fertilizer Labels

Current through June 14, 2024
A. The following
				  information, if not appearing on the face or display side in a readable and
				  conspicuous form, shall occupy at least the upper one third (1/3) of a side of
				  the container and shall be considered the label.
1. Net Weight
2. Brand and Grade
3. Guaranteed Analysis:
a. Total Nitrogen (N)_____%
b. _____% Ammoniacal Nitrogen (If claimed or
				  required).
c. _____% Nitrate
				  Nitrogen (If claimed or required).
d. _____% Water Insoluble Nitrogen (If
				  claimed, or the statement "organic" or "slow acting nitrogen" is used on the
				  label).
e. Available Phosphoric
				  Acid (P2O5) _____%
f. Soluble
				  Potash (K2O) _____%
g. Additional
				  plant nutrients as prescribed by regulation. Sources of nutrients, when shown
				  on the label, shall be listed below the guaranteed analysis.
h. Potential Acidity or Basicity_____lbs.
				  Calcium Carbonate Equivalent per ton. (If claimed or required).
4. Name and address of
				  registrant
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.5 - Slowly Available Plant Nutrients

Current through June 14, 2024
A. No fertilizer
				  label shall bear a statement that connotes or infers the presence of a slowly
				  available plant nutrient, unless the nutrient or nutrients are
				  identified.
B. When a fertilizer
				  label infers or connotes that the nitrogen is slowly available through use of
				  organic, organic nitrogen, ureaform, long lasting or similar terms, the
				  guaranteed analysis must indicate the percentage of water insoluble nitrogen in
				  the material, except manipulated animal and vegetable manures distributed as
				  such and not mixed with other materials. When the water insoluble nitrogen is
				  less than fifteen percent (15%) of the total nitrogen, the label shall bear no
				  reference to such designations.
C.
				  To supplement §
										10.5(B) of
				  this Part, it should be established that if a label states the amount of
				  organic nitrogen present in a phrase, such as "twenty-five percent (25%) of the
				  nitrogen from ureaformaldehyde (ureaform)," then the water insoluble nitrogen
				  guarantee must not be less than sixty percent (60%) of the nitrogen so
				  designated.
Example: 10-6-4 Rose Food; 25% of Nitrogen is Organic; 10
					 (Total N Guaranteed) x .25(% N Claimed as Organic) x .60=1.5% WIN.
D. The term "coated-slow release
				  fertilizer," or "coated-slow release" may be accepted as descriptive of
				  products.
E. Further, the phrases
				  in §
										10.5(D) of
				  this Part are allowed for any products that can show a testing program
				  substantiating the claim. (Testing under guidance of experiment station
				  personnel, or a recognized reputable researcher, etc.). Water insoluble
				  nitrogen must be guaranteed at the fifteen percent (15%) of total nitrogen
				  level as in organic materials.
F.
				  AOAC method 2.064, or as it shall be designated in subsequent AOAC editions, is
				  to be used to confirm the water insoluble nitrogen of coated products and
				  others whose slow release characteristics depend on particle size; AOAC method
				  2.062 shall be used to determine the water insoluble nitrogen of other products
				  applicable for these procedures, both methods are set forth in the Official
				  Methods of Analysis of the Association of Official Analytical Chemists,
				  12th Edition (1975), incorporated above at §
										10.2(B) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.6 - Definitions

Current through June 14, 2024
Except as the Director designates otherwise in specific
					 cases, the names and definitions for commercial fertilizers shall be those
					 adopted by the Association of American Plant Food Control
					 Officials.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.7 - Percentages

Current through June 14, 2024
The term of "percentage," by symbol or word, when used on a
					 fertilizer label shall represent only the amount of individual plant nutrients
					 in relation to the total product by weight.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.8 - Investigational Allowances

Current through June 14, 2024
A. A commercial
				  fertilizer shall be deemed deficient if the analysis of nutrient is below the
				  guarantee by an amount exceeding the values in the following schedule, or if
				  the overall index value of the fertilizer is below ninety-eight percent (98%)
				  following §
										10.8(A)(2) 
				  of this Part.
Guarantee Percent
Nitrogen Percent
Available Phosphoric Acid,
								  Percent
Potash Percent
4 or less
0.49
0.67
0.41
5
0.51
0.67
0.43
6
0.52
0.67
0.47
7
0.54
0.68
0.53
8
0.55
0.68
0.60
9
0.57
0.68
0.65
10
0.58
0.69
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32 or more
0.88
0.76
1.44
1. For
				  guarantees not listed, calculate the appropriate value by
				  interpolation.
2. For these
				  investigational allowances to be applicable, the recommended AOAC procedures
				  for obtaining samples, sample preparation and analysis must be used. These are
				  described in Official Methods of Analysis of the Association of Official
				  Analytical Chemists, 11th edition (1970),
				  incorporated above at §
											10.2(A) of
				  this Part, and in succeeding issues of the Journal of the Association of
				  Official Analytical Chemists. In evaluating replicate data, table 19, page 935,
				  Journal of the Association of Official Analytical Chemists, Volume 49, No. 5
				  (October 1966), incorporated above at §
											10.2(C) of
				  this Part, should be followed.
3.
				  Averaging at least two (2) values must be adhered to. If more than two (2)
				  values are obtained, all significant values must be averaged. Values carried to
				  two (2) decimals are needed in applying averages to this table. Values may be
				  "rounded" to one (1) place where preferred in reporting.
4. The overall index value is calculated by
				  comparing the commercial value guaranteed with the commercial value found. Unit
				  values of the nutrients used shall be those referred to in §
											10.7(A)(4)(a)
				  of this Part.
Overall index value example of calculation for a 10-10-10
					 grade found to contain 10.1% total nitrogen (N), 10.2% available phosphoric
					 acid (P2O5), and 10.1% soluble potash (K2O); nutrient unit values are assumed
					 to be $3 per unit N, $2 per unit P2O5, and $1 per unit K2O:
10.0 units N
x3=
30.0
10.0 units P2O5
x2=
20.0
10.0 units K2O
x1=
10.0
Commercial Value Guarantee
=
60.0
10.1 units N
x3=
30.3
10.2 units P2O5
x2=
20.4
10.1 units K2O
x1=
10.1
Commercial Value Found
=
60.8
60.8
Overall index value =
X
100=101.3%
60.0
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.9 - Sampling

Current through June 14, 2024
Sampling equipment and procedures shall be those adopted by
					 The Association of Official Analytical Chemists wherever
					 applicable.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.10 - Breakdown of Plant Food Elements within the Guaranteed Analysis

Current through June 14, 2024
A. When a plant nutrient guaranteed is broken
				  down into the component forms, the percentage for each component shall be shown
				  before the name of the form.
Example: 4% Nitrate Nitrogen.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 10 - Rules and Regulations Relating to Fertilizers › Section 250-RICR-40-20-10.11 - Registration of Products

Current through June 14, 2024
A. All products
				  that are required to be registered pursuant to the provisions of R.I. Gen. Laws
				  §
										2-7-4 shall be registered
				  electronically through a web based application provided by the Department of
				  Environmental Management.
B. For
				  those applicants unable to register online, paper registration forms shall be
				  available upon request from the Division of Agriculture.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.1 - Authority

Current through June 14, 2024
Pursuant to due publication and public hearing the Director
					 has adopted the following Rules and Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.2 - Definitions

Current through June 14, 2024
A. "Director" means Director of the
				  Department of Environmental Management.
B. "Department" means Department of
				  Environmental Management.
C.
				  "Label" means any label, tag or imprint with official service mark thereon.
D. "Official grades" means
				  agricultural commodity grades as promulgated by the Director, provided,
				  however, in the absence of an official Rhode Island grade, the grade
				  established by the Secretary of Agriculture of the United States shall serve.
E. "Service mark" means Service
				  mark - of the Department of Environmental Management registered with the Rhode
				  Island Secretary of State.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.3 - Application

Current through June 14, 2024
Any applicant desiring to use the Department's registered
					 service mark on fresh or processed Rhode Island agricultural or fisheries
					 products and is lawfully marketing such products, shall make application to the
					 Department on a form provided by said Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.4 - Acceptances

Current through June 14, 2024
Acceptances before such application is approved or rejected
					 by the Department, a survey will be made by the Department to determine if said
					 applicant can reasonably comply with the Rules and Regulations for the
					 particular product or products named in said application. The Director, after
					 reviewing the survey information, may approve or reject the same for good and
					 sufficient reasons. If approved, an authorization number shall be issued to
					 said applicant by the Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.5 - Authorization Numbers

Current through June 14, 2024
Authorization number so assigned by the Director to an
					 authorized applicant shall remain with the applicant during his active
					 participation in the program, and shall not be assigned or transferable.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.6 - Authorization Certificates

Current through June 14, 2024
Authorization certificate carrying the authorization number
					 assigned by the Department shall be issued by said Department and shall be on
					 display in the principle place of business of the applicant within the state.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.7 - Official Specifications

Current through June 14, 2024
The service mark shall not be used unless the agricultural
					 and fisheries products so labeled are in compliance with the official grade
					 specifications established for the product.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.8 - Penalty for Violation

Current through June 14, 2024
The Director may revoke the right to use or suspend such
					 use of the service mark for good and sufficient reasons. In the case of such
					 revocation or suspension, the applicant shall have the right to be heard.
					 Notice of such hearing must be given within thirty days of revocation and
					 notice of such hearing shall be served personally or by certified mail at least
					 ten days prior to such hearing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 12 - Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark (250-RICR-40-20-12) › Section 250-RICR-40-20-12.9 - Amendments

Current through June 14, 2024
The Director may amend these Rules and Regulations at any
					 time, as he deems necessary.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 13 - Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species (250-RICR-40-20-13) › Section 250-RICR-40-20-13.1 - Purpose

Current through June 14, 2024
A. The purposes of these Regulations are:
1. To establish a Rhode Island Seafood Brand,
				  or logo, to be administered by the Department of Environmental Management, for
				  use in identifying and promoting Rhode Island seafood products;
2. To adopt Rules and Regulations governing
				  the use of the Rhode Island Seafood Brand, or logo; and
3. To further guard against the mislabeling
				  or misrepresentation of marine species and seafood products produced and sold
				  in Rhode Island.