Chapter 038
2012 -- S 2611 SUBSTITUTE A
Enacted 04/26/12
A N A C T
RELATING TO
AGRICULTURE AND FORESTRY - THE
AGRICULTURE AND
SEAFOOD ACT
Introduced By: Senators Sosnowski, Walaska, McCaffrey, Felag, and Sheehan
Date Introduced: March 01, 2012
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
25
THE
2-25-1.
Short title. -- This chapter shall be known and
may be cited as the “The Rhode
2-25-2.
Legislative findings. -- The general assembly
hereby finds and declares:
(1) A viable
agricultural and seafood sector in
regional food supply, which in turn lends itself to energy and
economic efficiencies;
(2) The federal
government and regional entities have established and continue to
establish programs and processes to support local agricultural
production and increased
consumption of locally produced food, and
context of federal and regional programs;
(3) The general
public is increasingly interested in locally produced food;
(4) The benefits of
local food systems to local communities include open land, jobs,
nutritious and safe foods, and youth education opportunities;
(5) Farms and
commercial fishing are an integral part of
(6) Encouraging the
continued growth of
is integral to reducing food insecurity in
(7)
Relationship-based food systems such as farm-to-school programs, community
supported agriculture (CSA) programs, farmers’ markets, and
pick-your-own operations are
increasingly popular and offer areas of opportunity for new
farmers; and
(8) The state of
regulate the agriculture and commercial fishing sectors.
2-25-3.
Legislative Intent. -- The general assembly
intends:
(1) To support and
develop more robust and self-sustaining agricultural and seafood
sectors that also promotes emerging agricultural industries;
(2) That policies and
programs of the state will support and promote the
agriculture and seafood industries as a vital component of the
state’s economy and essential
steward of our land and coastal waters;
(3) That current
policies and programs pertaining to the viability of
agricultural and seafood industries be reviewed and confirmed or
changed in order to assure the
long-term economic prosperity of the industries; and
(4) That
seafood products from within
2-25-4.
Definitions. -- When used in this chapter, the
following terms shall have the
following meanings:
(1)
"Director" means the director of the department of environmental
management or his
or her duly authorized agent or agents.
(2) “Program” means
the local agriculture and seafood small grants and technical
assistance program.
(3) “Fund” means the
local agriculture and seafood small grants and technical assistance
fund.
2-25-5. Small
grants and technical assistance program established. -- The
department
of environmental management shall establish the local
agriculture and seafood small grants and
technical assistance program. Through the program the
department shall: (1) Assist in the
marketing of
and promotion within the state of
competitiveness of
financial and technical assistance support to organizations and
farmers for activities and
programs which enhance the economic viability of local
agriculture, and support the development
of a locally based, safe and sustainable food system;
(4) Provide individual farm grants to small
or beginning
industry; (5) Work with the state department of health to
further develop and support food safety
related programs and standards pertaining to local
agriculture and seafood; and (6) Perform other
activities necessary to facilitate the success and viability of
the state’s agricultural and seafood
sectors.
2-25-6. Local
agriculture and seafood small grants and technical assistance fund
established and solicitation of funding. -- (a) For the purpose of paying the costs to the
department of environmental management of administering the
local agriculture and seafood
small grants and technical assistance program and for the
purpose of carrying out the purposes of
the program as stated in subdivisions 2-25-5(3) and
2-25-5(4) a restricted receipt account is
hereby created and known as “the local agriculture and
seafood small grants and technical
assistance fund.”
(b) The program shall
be empowered to apply for and receive from any federal, state, or
local agency, private foundation, or individual, any
grants, appropriations, or gifts in order to
carry out the purposes of the program established in
section 2-25-5.
2-25-7. Use of
Funds.-- (a) A non-profit entity or small
or beginning farmer may apply
to the department of environmental management for a
grant to be used to fulfill the purposes of
the program as stated in subdivisions 2-25-5(3) and
2-25-5(4). Any grant disbursed under this
program shall not exceed twenty thousand dollars ($20,000)
per year. Applications for grants
authorized under this section shall:
(1) Provide a brief
summary of the nonprofit entity or small or beginning farmer’s
mission, goals, history, programs, and major accomplishments,
success stories and qualifications;
(2) Briefly describe
the proposed project or program, the capacity to carry out the
program and who will benefit from the program;
(3) Describe the expected outcomes and the indicators of those
outcomes;
(4) Outline the timeline
to be used in the implementation of the program or project; and
(5) Provide a program
or project budget.
(b) The funds shall
also be used by the department to provide administrative and
technical support of the program, and to leverage program funds
with other potential federal, state
or nonprofit funding sources, and shall serve to
develop, implement and enforce when appropriate
food safety related standards and programs related to
local agriculture and seafood in
coordination with the
2-25-8.
Accountability and oversight. -- (a) On an annual basis, the department shall
prepare a report that details the performance of the local agriculture
and seafood small grants and
technical assistance program, and the disbursements made during
the prior year from the local
agriculture and seafood small grants and technical assistance
fund and other sources, and how the
department plans to allocate and use funds provided through the
local agriculture and seafood
small grants and technical assistance fund during the next
year. The report shall include any
additional, relevant information relating to the administration
of the program, and the status of
any state-based agricultural assessments and local food
production assessments.
(b) The department
shall annually schedule and conduct one or more public meetings to
solicit input from the general public on whether the program
is meeting its intended purposes, and
to solicit recommendations for modifying the program.
(c) The department
shall annually submit the report, including an addendum summarizing
the feedback provided at the public meeting(s) referenced
section in 2-25-9, to the general
assembly.
2-25-9.
Powers and Duties. -- The department of
environmental management may adopt
any rules necessary for the administration of this
section.
SECTION 2. Section 2-1-8 of the General Laws in Chapter 2-1
entitled “Agricultural
Functions of the Department
of Environmental Management” is hereby amended to read as
follows:
2-1-8. Marketing
functions of director. -- Promotion of
products and is vested
with authority as follows: shall establish and administer a program to
promote the marketing of
encouraging the development of the commercial fishing and
agricultural sectors in the state. The
director of environmental management shall:
(1) To collect Collect and diffuse timely
information relative to the seasonal supply,
demand and prevailing prices of seafood and farm
products, both at wholesale and retail, the
movement of seafood and farm products through
commercial channels, and the quantities and
conditions of seafood and farm products in dry and cold
storage.
(2) To assist Assist and advise in the organization and
maintenance of producers' and
consumers' cooperative selling and buying associations.
(3) To investigate
Investigate the cost of distributing seafood
and farm products, both at
wholesale and retail, and to publish these findings that may be
of practical interest to the public.
(4) To furnish Furnish advice and assistance to the public with
reference to buying of
seafood and farm
products and other matters relative to seafood and farm products.
(5) To take Take those lawful measures that may be deemed
advisable to prevent waste
or uneconomical use of seafood and farm products.
(6) To co-operate
Cooperate with various state and federal agencies having to do with
seafood and farm
products.
(7) Conduct efforts
to promote interaction and business relationships between farmers,
fishermen and restaurants, grocery stores, institutional
cafeterias and other potential institutional
purchasers of
limited to:
(i)
Organizing state-wide or regional events promoting
seafood and farm products, where farmers, fishermen, and
potential institutional customers are
invited to participate. The director shall use his or her
best efforts to solicit cooperation and
participation from the farm, corporate, retail, wholesale and
grocery communities in such
advertising, internet-related and event planning efforts.
(8) The director
shall report annually to the general assembly having cognizance of
matters relating to the environment on issues with respect to
efforts undertaken pursuant to the
requirements of this section. The director may adopt, in
accordance with section 2-1-9, such
regulations as deemed necessary to carry out the purposes of this
section.
SECTION 3. Title 21 of the General Laws entitled “FOOD AND
DRUGS” is hereby
amended by adding thereto the following chapter:
CHAPTER
36
THE
INTER-AGENCY FOOD & NUTRITION POLICY ADVISORY COUNCIL
21-36-1.
Short title. -- This chapter shall be known and
may be cited as the “The Inter-
Agency Food and Nutrition Policy
Advisory Council Act.”
21-36-2.
Definitions. -- As used in this chapter, unless
otherwise specified, the following
word has the following meaning:
"Council"
means the inter-agency food and nutrition policy advisory council.
21-36-3.
Council Composition. -- There shall be an
inter-agency food and nutrition
policy advisory council which shall consist of three (3)
members: the director of health or his or
her designee; the director of environmental management or
his or her designee; and the director
of administration or his or her designee. The members of
the commission shall elect a chairperson
from among themselves.
21-36-4.
Powers and Duties. -- (a) The
council shall examine issues regarding the
identification and development of solutions to regulatory and policy
barriers to developing a
strong sustainable food economy and healthful nutrition
practices.
(b) The council shall
collaborate with other task forces, committees, or organizations that
are pursuing initiatives or studies similar to the
purposes and duties outlined in this chapter.
(c) The council shall
collaborate with, serve as a resource to, and receive input from food
policy councils in the state.
(d) The council shall
examine any other program and policy issues the council considers
pertinent.
21-36-5.
Reporting requirements. -- The council shall
provide a written report to the
general assembly by March 30th of each year regarding its
activities for the preceding calendar
year.
21-36-6. Severability. -- If any clause,
sentence, paragraph or part of this chapter shall
for any reason be adjudged by any court of competent
jurisdiction to be invalid, that judgment
shall not affect, impair or invalidate the remainder of it,
but shall be confined in its operation to
the clause, sentence, paragraph or part directly involved
in the controversy in which the judgment
shall have been rendered.
SECTION 4. This act shall take effect upon passage.
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LC01920/SUB A
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