1.1 Authority

1. A. These rules and regulations are promulgated pursuant to authority provided under R.I. Gen. Laws §§ 2-7-4, 2-7-6, 2-18.1-9, 2-18.1-10, 2-21-6, 2-22-5, 4-28-1, 20-15-3, 23-25-6, 23-25-6.1, 23-25-12, 23-25-13, 23-25-14, 23-12-15, 44-27-4 and Chapters 42-17.1 and 42-35 for the purpose of establishing the fees for the electronic payment of departmentally issued registrations, certifications, licenses and permits.

1.2 Purpose

1. A. The purpose of these rules and regulations is to establish the fees for electronic payment for registrations, licenses, certificates and permits issued under the authority of the Division of Agriculture and Resource Marketing. These fees are strictly for the payment of a third-party service provider that provides a means of electronic payment and is separate from the statutory fees for registrations, licenses and permits.

1.3 Applicability

1. A. These Regulations shall apply to any person who seeks a registration(s), license(s) certificate(s), or permit(s) pursuant to the authority provided in § 1.1 of this Part.

1.4 Definitions

1. A. For the purposes of this Rule, the following terms are defined as follows:

   1. 1. “Department” means the Department of Environmental Management.
   2. 2. "Director" means the Director of the Department of Environmental Management or his/her duly authorized designee.
   3. 3. “Electronic payment” means the online payment of registration, license, certificate and/or permit fees as established in state law.
   4. 4. “Electronic payment fee” means the processing fee that is collected by a third-party service provider that provides the service of collecting online payments for registrations, licenses and/or permits as established in state law.
   5. 5. "Person(s)" means an individual, firm, joint stock company, partnership, association, private or municipal corporation, trust, estate, state, commission, political subdivision, any interstate body, the federal government or any agency or subdivision of the federal government, other government entity, or other legal entity.

1.5 Compulsory Electronic Payment of Registration, License, Certification and Permit Fees

1. A. The Director of the Department requires that any fee owed to the Department, pursuant to § 1.1 of this Part, be paid electronically.
2. B. In addition to specific fees owed to the Department, pursuant to § 1.1 of this Part, the Director of the Department shall authorize the collection of an electronic payment fee not to exceed five percent (5%) of the original registration, license, certificate and/or permit fee owed to the Department at the time of the transaction. The Department shall not collect this fee. This fee will be collected by a third-party service provider that collects electronic payment on behalf of the Department.

3. C. Specific fees

   1. 1. Commercial Fertilizer: Pursuant to R.I. Gen. Laws § 2-7-4 each brand of commercial fertilizer shall be registered. The fee for registration is one hundred dollars ($100) per brand or grade registered. The electronic payment fee shall be five dollars ($5) if paid by credit card and three dollars ($3) if paid by other ACH method.
   2. 2. Commercial Fertilizer Tonnage Fee: Pursuant to R.I. Gen. Laws § 2-7-6 there shall be a fee of fifteen cents ($0.15) per ton of commercial fertilizer sold in the state. Tonnage fees of less than one dollar ($1) are exempt. The electronic payment fee shall be point seventy-five cents ($0.0075) per ton if paid by credit card and point forty-five cents ($0.0045) if paid by other ACH method.
   3. 3. Nursery Worker’s License: Pursuant to R.I. Gen. Laws § 2-18.1-9 no person shall be engaged as a nursery worker without first obtaining a license issued by the Department. The fee for this license is fifty dollars ($50). The electronic payment fee shall be two dollars and fifty cents ($2.50) if paid by credit card and one dollar and fifty cents ($1.50) if paid by other ACH method.
   4. 4. Nursery Stock Dealer’s License: Pursuant to R.I. Gen. Laws § 2-18.1-10 no person shall be engaged as a nursery stock dealer without first obtaining a license for each place of business issued by the Department. The fee for this license is fifty dollars ($50). The electronic payment fee shall be two dollars and fifty cents ($2.50) if paid by credit card and one dollar and fifty cents ($1.50) if paid by other ACH method.
   5. 5. Agricultural Liming Products: Pursuant to R.I. Gen. Laws § 2-21-6 each agricultural liming product shall be registered. The fee for registration is twenty dollars ($20) per product. The electronic payment fee shall be one dollar ($1) if paid by credit card and sixty cents ($0.60) if paid by other ACH method.
   6. 6. Soil Amendments: Pursuant to R.I. Gen. Laws § 2-22-5 each soil amendment product shall be registered. The fee for registration shall be fifty cents ($50) per product. The electronic payment fee shall be two dollars and fifty cents ($2.50) if paid by credit card and one dollar and fifty cents ($1.50) if paid by other ACH method.
   7. 7. Commercial Animal Food or Feed: Pursuant to R.I. Gen. Laws § 4-2-4 each commercial animal food/feed shall be registered. The fee for each registered commercial animal food/feed shall be sixty dollars ($60). The electronic payment fee shall be three dollars ($3) if paid by credit card and one dollar and eighty cents ($1.80) if paid by other ACH method.
   8. 8. Garbage Feeding Permit: Pursuant to R.I. Gen. Laws § 4-3-4 each person engaged in garbage feeding of swine is required to first obtain a permit. The fee for each permit is five dollars ($5). The electronic payment fee shall be twenty-five cents ($0.25) if paid by credit card and fifteen cents ($0.15) if paid by other ACH method.
   9. 9. Equine Import: Pursuant to R.I. Gen. Laws § 4-4.1-4 each person importing an equine from a CEM affected country must pay a fee. The fee for each imported horse is one hundred and fifteen dollars ($115). The electronic payment fee shall be five dollars and seventy-five cents ($5.75) if paid by credit card and three dollars and forty-five cents ($3.45) if paid by another ACH method.
   10. 10. Livestock Dealer License: Pursuant to R.I. Gen. Laws § 4-7-16 each anyone engaged in activity consistent with being a livestock dealer shall be licensed. The fee for licensure as a livestock dealer shall be fifty dollars ($50). The electronic payment fee shall be two dollars and fifty cents ($2.50) if paid by credit card and one dollar and fifty cents ($1.50) if paid by another ACH method.
   11. 11. Handling of Live Poultry: Pursuant to R.I. Gen. Laws § 4-10-11 anyone engaged in handling of live poultry shall be licensed as a poultry dealer. The fee for licensure as a poultry dealer shall be twenty-five dollars ($25). The electronic payment fee shall be one dollar and twenty-five cents ($1.25) if paid by credit card and seventy-five cents ($0.75) if paid by another ACH method.
   12. 12. Exotic Wild Animal Permit: Pursuant to R.I. Gen. Laws § 4-18-8 anyone wishing to import and/or possess an exotic wild animal is required to first obtain a permit for each animal unless otherwise exempted. The fee for each permit is five dollars ($5). The electronic payment fee shall be twenty-five cents ($0.25) if paid by credit card and fifteen cents ($0.15) if paid by another ACH method.
   13. 13. Pet Shop License: Pursuant to R.I. Gen. Laws § 4-19-5 anyone engaged in activity consistent with operation of a pet shop shall be licensed. The fee for licensure as a pet shop shall be one hundred dollars ($100). The electronic payment fee shall be five dollars ($5) if paid by credit card and three dollars ($3) if paid by another ACH method.
   14. 14. Animal Breeder License: Pursuant to R.I. Gen. Laws § 4-19-5.1 anyone engaged in activity consistent with operation as a breeder. The fee for licensure as a breeder shall be one hundred dollars ($100). The electronic payment fee shall be five dollars ($5) if paid by credit card and three dollars ($3) if paid by another ACH method.
   15. 15. Kennel License: Pursuant to R.I. Gen. Laws § 4-19-6 anyone engaged in activity consistent with operation of a kennel shall be licensed. The fee for licensure as a kennel shall be fifty dollars ($50). The electronic payment fee shall be two dollars and fifty cents ($2.50) if paid by credit card and one dollar and fifty cents ($1.50) if paid by another ACH method.
   16. 16. Animal Dealer License: Pursuant to R.I. Gen. Laws § 4-19-7 anyone engaged in activity consistent with operation of a dealer shall be licensed. The fee for licensure as a dealer shall be one hundred dollars ($100). The electronic payment fee shall be five dollars ($5) if paid by credit card and three dollars ($3) if paid by another ACH method.
   17. 17. Deer Damage Permit: Pursuant to R.I. Gen. Laws § 20-15-3 any landowner seeking a deer damage permit may seek a permit through the Department. The fee for a deer damage permit shall be twenty-five dollars ($25). The electronic payment fee shall be one dollar and twenty-five cents ($1.25) if paid by credit card and seventy-five cents ($0.75) if paid by another ACH method.
   18. 18. Pesticide Product Registration: Pursuant to R.I. Gen. Laws § 23-25-6 each pesticide product shall be registered. The fee for registration shall be fifty dollars ($50) per product. The electronic payment fee shall be two dollars and fifty cents ($2.50) if paid by credit card and one dollar and fifty cents ($1.50) if paid by another ACH method.
   19. 19. Pesticide Surcharge: Pursuant to R.I. Gen. Laws § 23-25-6.1 each pesticide product shall be subject to a surcharge. The fee for the surcharge shall be two hundred and fifty dollars ($250) per product. The electronic payment fee shall be twelve dollars and fifty cents ($12.50) if paid by credit card and seven dollars and fifty cents ($7.50) if paid by another ACH method.
   20. 20. Licensed Commercial Applicator: Pursuant to R.I. Gen. Laws § 23-25-12 anyone applying any pesticide classified for general use by EPA on land neither owned or rented by them and without direct supervision of a person certified under R.I. Gen. Laws § 23-25-13 must be licensed. The fee for licensing shall be thirty dollars ($30). The Electronic payment fee shall be one dollar and fifty cents ($1.50) if paid by credit card and ninety cents ($0.90) if paid by anther ACH method.
   21. 21. Certified Commercial Applicators: Pursuant to R.I. Gen. Laws § 23-25-13 anyone who purchases, acquires, possesses, applies, or supervises the application of any pesticide classified for use only by or under the direct supervision of a certified applicator by EPA without being certified. The fee for licensing shall be forty-five dollars ($45). The Electronic payment fee shall be two dollars and twenty-five cents ($2.25) if paid by credit card and one dollar and thirty-five cents ($1.35) if paid by another ACH method.
   22. 22. Certified Private Applicator: Pursuant to R.I. Gen. Laws § 23-25-14 any private applicator who purchases, acquires, possesses, applies, or supervises the application of any pesticide classified for use only by or under the direct supervision of a certified applicator by must be certified. The fee for licensing shall be twenty-five dollars ($25). The Electronic payment fee shall be one dollar and twenty-five cents ($1.25) if paid by credit card and seventy-five cents ($0.75) if paid by another ACH method.
   23. 23. Pesticide Dealer: Pursuant to R.I. Gen. Laws § 23-25-15 any pesticide dealer must be licensed. The fee for licensing shall be thirty dollars ($30). The Electronic payment fee shall be one dollar and fifty cents ($1.50) if paid by credit card and ninety cents ($0.90) if paid by another ACH method.
   24. 24. Farm Forest and Open Spaces: Pursuant to R.I. Gen. Laws § 44-27-4 anyone wishing to enroll property into the Farm Forest and Open Spaces Program shall pay an application fee. The application fee is ten dollars ($10). The electronic payment fee shall be fifty cents ($0.50) if paid by credit card and thirty cents ($0.30) if paid by another ACH method.

1.6 Consistency

1. A. No provision of these regulations shall be construed to prevent enforcement of any other state, federal or local laws and regulations duly adopted for the purpose of protecting the public health.