2021 -- H 5761

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LC001908

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- FAMILY FARM PROTECTION ACT

     Introduced By: Representatives Potter, Kazarian, Kislak, Morales, Cortvriend, Henries,
Ajello, and Felix

     Date Introduced: February 24, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 23.3

FAMILY FARM PROTECTION ACT

     2-23.3-1. Definitions.

     As used in this chapter:

     (1) "Agronomic requirement" means the quantity of nutrient necessary to achieve a

reasonable yield goal for a crop, as determined based on land grant university fertility rates, soil

testing for available nutrients, manure analysis, and other planned nutrient applications.

"Agronomic requirement" does not mean planned nutrient applications, nutrient indices, risk

indices, or other methods that allow land application of manure in excess of crop need.

     (2) "Animal feeding operation" or "AFO" means a lot or facility at which:

     (i) For not less than a total of forty-five (45) days in any twelve (12) month period, animals

(other than aquatic animals) are stabled or confined; and fed or maintained; and

     (ii) Crops, vegetation, forage growth, or postharvest residues are not sustained in the

normal growing season over any portion of the lot or facility. Two (2) or more lots or facilities shall

constitute a single animal feeding operation if the lots or facilities are located within three (3) miles

of each other and are under common ownership or control.

     The term "animal feeding operation" or "AFO" does not include a stockyard (as that term

is defined in section 302(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 202(a)).

     (3) "Contract grower" means an owner of an AFO that raises live-stock or poultry pursuant

to a written contract, marketing arrangement, or other arrangement with an integrator.

     (4) "Integrator" means an individual or entity that contracts with a contract grower under a

grow out contract, marketing arrangement, or other arrangement under which the contract grower

raises and cares for live-stock or poultry at an AFO in accordance with the instructions of the

integrator for the purpose of slaughtering the livestock or poultry or selling the livestock or poultry

for slaughter, if the livestock or poultry is sold or shipped in commerce (as described in section

2(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 183)).

     (5) "Large concentrated animal feeding operation" or "large CAFO" means an AFO at

which are present not less than:

     (i) Five hundred (500) mature dairy cows, milked or dry;

     (ii) One hundred (100) veal calves;

     (iii) Two hundred fifty (250) cattle (including heifers, steers, bulls, cows, and calves) other

than mature dairy cows or veal calves;

     (iv) One thousand (1,000) swine, each weighing not less than fifty-five (55) pounds;

     (v) Three thousand (3,000) swine, each weighing not more than fifty-five (55) pounds;

     (vi) Five hundred (500) horses;

     (vii) Five hundred (500) sheep or lambs;

     (viii) One thousand (1,000) turkeys;

     (ix) Fifteen thousand (15,000) chickens (including laying hens or broilers) for existing

businesses;

     (x) Four thousand (4,000) chickens (including laying hens or broilers) for newly licensed

businesses;

     (xi) Five hundred (500) ducks.

     2-23.3-2. Moratorium on large concentrated animal feeding operations.

     (a) In general. No large CAFO may commence or expand operations on or after the date of

enactment of this chapter.

     (b) Cessation of operations. No large CAFO may continue to operate as a large CAFO after

January 1, 2040.

     (c) Penalties. Any person that violates subsection (a) or (b) of this section may be assessed

a civil penalty of up to ten thousand dollars ($10,000) per violation, per day, in addition to any

other applicable statutory civil penalty or monetary damages assessed pursuant to any state

common law judgment.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- FAMILY FARM PROTECTION ACT

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     This act would prohibit industrial sized factory farming.

     This act would take effect upon passage.

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