Section 2-23-5. – Nuisance actions against agricultural operations.
§ 2-23-5. Nuisance actions against agricultural operations. (a) No agricultural operation, as defined in this chapter is found to be a public or private nuisance, due to alleged objectionable: (1) Odor from livestock, manure, fertilizer, or feed, occasioned by generally accepted farming procedures; (2) Noise from livestock or farm equipment used in normal, generally accepted […]
Section 2-23-6. – Negligence actions — Pesticide use not affected.
§ 2-23-6. Negligence actions — Pesticide use not affected. The provisions of this chapter do not apply to agricultural operations conducted in a malicious or negligent manner, or to agricultural operations conducted in violation of federal or state law controlling the use of pesticides, rodenticides, insecticides, herbicides, or fungicides. History of Section.P.L. 1982, ch. 10, […]
Section 2-22-7. – Penalties for deficient analysis.
§ 2-22-7. Penalties for deficient analysis. (a) If the analysis shows that any soil amendment falls short of the guaranteed analysis in any one soil amending ingredient or in total soil amending ingredients, a penalty shall be assessed in favor of the department in accordance with the following provisions: (1) A penalty of three (3) […]
Section 2-23-7. – Severability.
§ 2-23-7. Severability. If any provision of this chapter, or determination made under this chapter, or application of this chapter to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency, or circumstances shall not be affected by the […]
Section 2-22-8. – Misbranding.
§ 2-22-8. Misbranding. No person shall distribute a misbranded soil amendment. A soil amendment is deemed to be misbranded if: (a) Its labeling is false or misleading in any particular; (b) It is distributed under the name of another soil amendment; (c) It is not labeled as required in §§ 2-22-4 and 2-22-5 and in […]
Section 2-23.1-1. – Findings.
§ 2-23.1-1. Findings. The general assembly finds and declares: (a) That the preservation and expansion of agriculture are goals of the state; (b) That among economic activities, agriculture is uniquely dependent on the land; (c) That land use and water usage regulation and land taxation can have significant impacts on the viability of agricultural operations; […]
Section 2-22-9. – Stop sale, use, or removal orders.
§ 2-22-9. Stop sale, use, or removal orders. The director of environmental management may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the director finds the soil amendment is being offered […]
Section 2-23.1-2. – Purpose.
§ 2-23.1-2. Purpose. The purpose of this chapter is to foster communications between cities and towns and farmers on local actions that have a direct and significant impact on agricultural operations. History of Section.P.L. 2005, ch. 314, § 1.
Section 2-22-10. – Penalties for violations.
§ 2-22-10. Penalties for violations. (a) Any person convicted of violating any provision of this chapter or the rules and regulations promulgated under this chapter is subject to a penalty of not less than one hundred dollars ($100). The penalty shall not be greater than five thousand dollars ($5,000) or in addition to the penalty, […]
Section 2-23.1-3. – Duties of the department.
§ 2-23.1-3. Duties of the department. The director of the department of environmental management shall adopt such rules as may be necessary to effectuate the provisions of this chapter. The division of agriculture shall by March 1, 2006, establish a list by city and town of agricultural operations, as defined in § 2-23-4, that have […]