Senate Bill #2361 (2018)

AN ACT RELATING TO AGRICULTURE AND FORESTRY -- RHODE ISLAND SEED ACT

Provides that jurisdiction of all use of agricultural and vegetable seeds is vested exclusively in the director of the department of environmental management.

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Changes since original draft

  • 2018 – S 2361
  • 2018 – S 2361 SUBSTITUTE A
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  • LC004637
  • LC004637/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO AGRICULTURE AND FORESTRY – RHODE ISLAND SEED ACT
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO AGRICULTURE AND FORESTRY – RHODE ISLAND SEED ACT
  • Introduced By: Senators Sosnowski, Miller, Goldin, Crowley, and Felag
  • Date Introduced: February 15, 2018
  • Referred To: Senate Environment & Agriculture
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 2-6-7 and 2-6-10 of the General Laws in Chapter 2-6 entitled "Rhode Island Seed Act" are hereby amended to read as follows:
  • 2-6-7. Duties and authority of the director of the department of environmental management – Appeal of stop sale order Duties and authority of the director of the department of environmental management.
  • (a) The duty of enforcing this chapter and carrying out its provisions and requirements is vested in the director of the department of environmental management. It is the duty of that officer, who may act through his or her authorized agents:
  • (1) To sample, inspect, make analysis of, and test agricultural and vegetable seeds transported, sold, or offered or exposed for sale within the state for sowing purposes, at any time and place and to any extent as he or she may deem necessary to determine whether those agricultural or vegetable seeds are in compliance with the provisions of this chapter; to notify promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation;
  • (2) To prescribe and, after a public hearing following public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing, and examining agricultural and vegetable seed and the tolerances to be followed in the administration of this chapter, which shall be in general accord with officially prescribed practice in interstate commerce and any other rules and regulations that may be necessary to secure efficient enforcement of this chapter;
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Sections 2-6-7 and 2-6-10 of the General Laws in Chapter 2-6 entitled "Rhode Island Seed Act"are hereby amended to read as follows:
  • 2-6-7. Duties and authority of the director of the department of environmental management – Appeal of stop sale order Duties and authority of the director of the department of environmental management.
  • (a) The duty of enforcing this chapter and carrying out its provisions and requirements is vested in the director of the department of environmental management. It is the duty of that officer, who may act through his or her authorized agents:
  • (1) To sample, inspect, make analysis of, and test agricultural and vegetable seeds transported, sold, or offered or exposed for sale within the state for sowing purposes, at any time and place and to any extent as he or she may deem necessary to determine whether those agricultural or vegetable seeds are in compliance with the provisions of this chapter; to notify promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation;
  • (2) To prescribe and, after a public hearing following public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing, and examining agricultural and vegetable seed and the tolerances to be followed in the administration of this chapter, which shall be in general accord with officially prescribed practice in interstate commerce and any other rules and regulations that may be necessary to secure efficient enforcement of this chapter;
  • (3) To prescribe and, after a public hearing following public notice, establish, add to, or subtract from by regulations a prohibited and restricted noxious weed list; and
  • (4) To prescribe and, after a public hearing following public notice, to adopt rules and regulations establishing reasonable standards of germination for vegetable seeds.
  • (b) For the purpose of carrying out the provisions of this chapter, the director, individually or through his or her authorized agents, is authorized:
  • (1) To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected with the premises subject to this chapter and rules and regulations under this chapter, and any truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose;
  • (2) To issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seed that the director finds is in violation of any of the provisions of this chapter or rules and regulations promulgated under this chapter. That order shall prohibit further sale, processing, and movement of the seed, except on approval of the director, until the director has evidence that the law has been complied with and the director has issued a release from the "stop sale" order of the seed; provided, that in respect to seed that has been denied sale, processing, and movement as provided in this paragraph, the owner or custodian of the seed has the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, processing, and movement in accordance with the findings of the court. The provisions of this paragraph shall not be construed as limiting the right of the director to proceed as authorized by other sections of this chapter;
  • (1) To enter upon any public or private premises during regular business hours in order to have access toseeds and the records connected with the premises subject to this chapter and rules and regulations under this chapter, and any truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose;
  • (2) To issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seed that the director finds is in violation of any of the provisions of this chapter or rules and regulations promulgated under this chapter. That order shall prohibit further sale, processing, and movement of the seed, except on approval of the director, until the director has evidence that the law has been complied with and the director has issued a release from the "stop sale" order of the seed; provided, that in respect to seed that has been denied sale, processing, and movement as provided in this paragraph, the owner or custodian of the seed has the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, processing, and movement in accordance with the findings of the court. The provisions of this paragraph shallnot be construed as limiting the right of the director to proceed as authorized by other sections of this chapter;
  • (3) To establish and maintain or make provisions for seed-testing facilities, to employ qualified persons, and to incur any expenses that may be necessary to comply with these provisions;
  • (4) To make or provide for making purity and germination tests of seed for farmers and dealers on request; to prescribe rules and regulations governing that testing; and to fix and collect charges for the tests made. Fees shall be accounted for in any manner that the state legislature may prescribe;
  • (5) To cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
  • (c) Jurisdiction in all matters pertaining to the cultivation, harvesting, production, processing, certification, labeling, inspection, analyzing, testing, sampling, classification, designation, advertising, marketing, sale, storage, transportation, distribution, possession, notification of use, planting, and other use of agricultural and vegetable seeds is , by this chapter, vested exclusively in the director, to the exclusion of all local ordinances or regulations.
  • (c) Jurisdiction in all matters pertaining to the cultivation, harvesting, production, processing, certification, labeling, inspection, analyzing, testing, sampling, classification,
  • LC004637/SUB A - Page 2of 4 designation, advertising, marketing, sale, storage, transportation, distribution, possession, notification of use, planting, and other use of agricultural and vegetable seeds is , by this chapter, vested exclusively in the director, to the exclusion of all local ordinances or regulations.
  • (1) All acts or parts of acts, whether general, special, or local, inconsistent with this section are expressly repealed, declared to be invalid, and of no effect.
  • 2-6-10. Violations and prosecutions.
  • (a) Every violation of the provisions of this chapter shall be deemed a misdemeanor punishable by a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding two hundred fifty dollars ($250) for each subsequent similar offense.
  • (b) When the director finds that any person has violated any of the provisions of this chapter, the director shall file with the attorney general, with a view of prosecution, any evidence that may be deemed necessary. No prosecution under this chapter shall be instituted without the defendant first having been given an opportunity to appear before the director or his or her duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without the hearing in case the defendant or his or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, the director shall proceed as provided in this section.
  • (a) Every violation of the provisions of this chapter shall be deemed a misdemeanor civil violation punishable by a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding two hundred fifty dollars ($250) for each subsequent similar offense.
  • (b) When the director finds that any person has violated any of the provisions of this chapter, the director shall file with the attorney general, with a view of prosecution, any evidence that may be deemed necessary. No prosecution under this chapter shall be instituted without the defendant individual first having been given an opportunity to appear before the director or his or her duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without the hearing in case the defendant individualor his or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, the director shall proceed as provided in this section.
  • (c) It is the duty of the attorney general director to institute proceedings at once against any person charged with a violation of this chapter, if, in the judgment of the attorney general director, the information submitted warrants that action.
  • (d) After judgment by the court in any case arising under this chapter, the director shall publish any information pertinent to the issuance of the judgment by the court in any media as the director may designate from time to time.
  • SECTION 2. This act shall take effect upon passage.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC004637
  • LC004637/SUB A
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  • LC004637/SUB A - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO AGRICULTURE AND FORESTRY – RHODE ISLAND SEED ACT
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  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO AGRICULTURE AND FORESTRY – RHODE ISLAND SEED ACT
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  • This act would provide that jurisdiction of all use of agricultural and vegetable seeds is vested exclusively in the director of the department of environmental management.
  • This act would take effect upon passage. ======== LC004637 ========
  • This act would take effect upon passage. ======== LC004637/SUB A ========
  • LC004637/SUB A - Page 4of 4

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

April 05, 2018 at 4:43pm
Yeas: 32 / Nays: 0 / Not voting: 4 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone NV
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley NV
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for PASSAGE

June 22, 2018 at 9:51pm
Yeas: 68 / Nays: 0 / Not voting: 7 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale NV
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y