Title 23, Title 23 and Safety

The department shall, in consultation with the conference of New England Governors/Eastern Canadian Premiers Environment Committee and/or an interstate mercury clearinghouse should one be developed, coordinate a review of the effectiveness of this chapter no later than January 1,…

Nothing in this chapter shall apply to prescription drugs regulated by the Food and Drug Administration under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq., to biological products regulated by the Food and Drug Administration under the Public Health Service Ac…

The department of environmental management shall be authorized to coordinate the development of a mercury reduction and education advisory working group to advise the department with regard to the development of regulations and programs for the implementation of the provisions of…

The general assembly has found and hereby declares that: (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment; (2) Mercury deposition has proven to be a significant problem in the northeastern United States; (3) Consumption of mercury-contaminate…

(a) The general assembly further finds: (1) That reduction and elimination of health and environmental threats from mercury is a highly complex undertaking requiring cooperation among policy makers, public health and environmental officials and advocates, private businesses from …

The department shall promulgate rules and regulations to implement and carry out the provisions of this chapter.

Notwithstanding the effective date of January 1, 2006, set forth in subsections 23-24.9-7(a)(1), 23-24.9-8(a), and 23-24.9-10(a), the initial deadline for complying with the requirements of these subsections shall be January 1, 2006, or ninety (90) days after the effective date o…

The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability of any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its…

For the purpose of this chapter: (1) “Component” means a mercury-added product that is incorporated into another product to form a fabricated mercury-added product, including, but not limited to, electrical switches and lamps. (2) “Contractor” means a person engaged in the busine…

The department is authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturers’ notifications regarding mercury-added produ…

(a) No later than January 1, 2002, no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island without prior notification in writing by the manufacturer of the product, or its industry trade group, to the director in acc…

(a) No later than January 1, 2003, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island. Manufacturers that produce and sell mercury-added novelties must notify retailers about the provisions of this product ban a…

(a) As used in this section, the following words shall have the following meanings: (1) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated …

(a) No mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island if the mercury content of the product exceeds: (1) One gram (1000 milligrams) for mercury-added fabricated products or two hundred fifty (250) parts per mil…

(a) Mercury-added products. (1) Effective January 1, 2006, a manufacturer may not sell at retail in this state or to a retailer in this state, and a retailer may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must cle…

(a) Except as otherwise provided for in this chapter, after July 1, 2006, no person shall dispose of mercury-added products in a manner other than by recycling or disposal as hazardous waste. Mercury from mercury-added products may not be discharged to water, wastewater treatment…

(a) The general assembly further finds: (1) In 1998, the Conference of New England Governors and Eastern Canadian Premiers (NEG/ECP) established a landmark goal to “virtually eliminate” mercury emissions in the region. (2) The Governors’ Mercury Task Force has set a goal of havin…

Rhode Island dental offices and vocational dental education programs shall use and instruct on the use of best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their solid waste. The departm…

No later than July 1, 2008, a dental office that, in the course of treating its patients, places or removes dental amalgam must install an amalgam separator system in the wastewater discharge line. For the purposes of this section, “an amalgam separator system” means a device tha…

The following categories of dental offices are exempt from the requirement to install an amalgam separator; provided, that they do not place or remove amalgam: (a) Orthodontists; (b) Periodontists; (c) Endodontists; (d) Oral and maxillofacial surgeons; and (e) A dental office tha…

The general assembly finds: that the public health, safety, and welfare are being jeopardized by the contamination of drinking water by pesticides; that suitable remedies may be beyond the immediate financial resources of the persons affected; and that the public interest would b…

For the purposes of this chapter, the following words and terms have the following meanings: (1) “Board” means the pesticide relief advisory board. (2) “Contaminated domestic water supply” means the primary source of drinking and household water for a residence when the primary s…

(a) There is created a pesticide relief advisory board consisting of eleven (11) members: one member shall be the chairperson of the joint committee on the environment or his or her designee, ex officio, and is referred to as the legislative member; the other ten (10) members sha…

The board shall make recommendations to the director concerning emergency responses to pesticide contamination and grants for IPM projects as provided in this chapter. In making these recommendations, the board shall seek the most efficient measure to remedy or ameliorate the eff…

(a) All pesticide registration fees paid pursuant to § 23-25-6(f) and recoveries on subrogated claims pursuant to § 23-25.2-7 shall be deposited as general revenues. (b) All money appropriated for pesticide relief is specifically appropriated to the director for the following pur…

(a) The director shall: (1) Develop by rule and regulation the criteria necessary for defining eligible recipients of emergency relief, eligible IPM projects, and eligible recipients of IPM grants; and (2) Establish procedures consistent with the purposes of this chapter. (b) In …

(a) An award of relief under this chapter to any person shall not constitute a waiver of any common law or statutory claim for damages or other relief that the person may have against any pesticide manufacturer, pesticide applicator, or other responsible party nor shall the award…

The board shall file an annual report on or before January 30th each year with the governor and the general assembly. The report shall include, but need not be limited to, a detailed accounting of the fund’s receipts and disbursements during the preceding calendar year. The repor…

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, se…

As used in this chapter: (1) “Acceptable release rate” means a measured release rate not to exceed four (4.0) micrograms per square centimeter per day for weeks three (3) to five (5) and a cumulative release rate of one hundred sixty-eight (168) micrograms per square centimeter f…

(a) Except as otherwise provided in this chapter, a person may not distribute, possess, sell, or offer for sale, apply, or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the department of environmental managemen…

Through cooperative programs the department shall begin immediately to develop and implement a program designed to inform interstate and intrastate paint manufacturers and distributors, vessel owners, and commercial boat yards in the state of properties of tributyltin in marine a…

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, se…

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both the fine and imprisonment.

The provisions of this chapter shall be in compliance with the rules and regulations relating to pesticides promulgated by the department of environmental management under provisions of the Rhode Island Pesticide Control Act, chapter 25 of this title.

This act shall be known and may be cited as “The Return or Exchange of Drugs Act.”

The general assembly finds that many nursing facilities and assisted living residences destroy quantities of unused but viable prescription medication when residents pass away or when medications otherwise are no longer needed by the resident. In an effort to improve the quality,…

For the purposes of this chapter: (1) “Assisted living residence” has the same meaning as such term is defined in § 23-17.4-2 and the regulations promulgated thereunder. (2) “Blister packages” means multi-dose containers of a specific medication repackaged by the pharmacy in acco…

(a) The department of health and the board of pharmacy shall jointly develop and implement a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled substances in § 21-28-1.02, and drugs that ca…

This act shall be known and may be cited as the “Pharmaceutical Redistribution Program Act.”

As used in this chapter, the following words shall have the following meanings: (1) “Cancer drug” means a prescription drug that is used to treat cancer, the side effects of cancer, or the side effects from a cancer medication. A cancer drug must be deemed a non-harmful substance…

(a) Eligibility criteria for the reception of donated drugs shall prioritize individuals who are most in need, do not have insurance, are underinsured, or are reliant on public health programs. Redistributors should ensure adequate allocation of donated medications for those in p…

(a) All participation in the donation program shall be voluntary. No health professional, insurer, agency, or entity shall force any person to participate in the pharmaceutical distribution program. (b) The following conditions shall be met for the donation of a prescription drug…

(a) A redistributor may dispense prescription drugs to eligible persons as long as they abide by the provisions of this chapter. (b) A redistributor may repackage drugs prior to redistribution. Repackaged drugs shall be labeled thoroughly and labels shall include the drug name, e…

Any person, except a person licensed from the Rhode Island department of health or any other similar license from another jurisdiction involved in a drug donation, who acts reasonably and in good faith shall be immune from criminal and civil liability for any persons who are harm…

(a) The department shall collaborate with the board of pharmacy to promulgate rules and regulations necessary to regulate a program consistent with the public health and safety, through which unused prescription drugs are donated pursuant to this chapter, to become operational on…