250-RICR-40-05-9. Swine Garbage Feeding Permit Requirement (version Periodic Refile, 12/31/2001 to 12/31/2001)

RULES AND REGULATIONS State of Rhode Island Swine Garbage Feeding Permit Requirement Regulations State of Rhode Island and Providence Plantations Department of Environmental Management Division of Agriculture Adopted pursuant to Chapter 42-35, 42-17, and Chapter 4-3 of the General Laws of Rhode Island TITLE: State of Rhode Island Swine Garbage Feeding Permit Requirements Regulations. 1.00 AUTHORITY: Rhode Island General Laws: Chapter 42-35, Chapter 42-17, and Chapter 4-3. 2.00 PURPOSE: To establish standards for the conditions required for issuance of a garbage feeding permit. 3.00 DEFINITIONS: 3.01 Boar - An uncastrated adult male swine. 3.02 Indoor Confined Housing - The twenty-four (24) hour continuous confinement of the swine in enclosed buildings. 3.03 Pig - A young swine not yet sexually mature. 3.04 Sheltered Sleeping Area - A roofed structure providing protection from the elements. 3.05 Sow - An adult female swine. 3.06 Swine - Any member of the Suidae family. 4.00 APPLICABILITY: 4.01 The entire swine operation of the permit holder at thelocation must comply with these regulations during the term of the permit. 4.02 These regulations shall apply to any person or persons who feed garbage other than their own domestic household garbage, to more than four (4) swine. 4.03 A permit is issued to the person, and applies specifically and only to the particular facility identified on the permit. Any other satellite facilities must have a separate permit for each facility. 5.00 REQUIREMENTS FOR A GARBAGE FEEDING PERMIT: 5.01 The feeding area must be constructed so as to allow for efficient cleaning and disinfection. 5.02 Concrete or another equally impervious material shall be used as a feeding area base. 5.03 Feeding areas must be cleaned on a daily basis. 5.04 The indoor confined housing area and/or the sheltered sleeping area must be constructed and maintained so as to provide swine with a clean, dry and draft free environment. 5.05 Ventilation in the confined housing area shall be adequate to ensure that swine are maintained in a healthy condition with no evidence of respiratory distress as determined by the state veterinarian or other representative of the Director. 5.06 Drainage shall be directed away from the swine sleeping areas in order to ensure a dry location for rest. 5.07 Plans for new or expanded facilities must be submitted to the Director for approval pursuant to these regulations prior to the issuance of a permit if the total operation will exceed 100 swine. Plans shall include the following: 5.07(a) A written description and drawing of the boundaries of the entire facility delineating the separate areas containing grain-fed swine and garbage-fed swine, if they are kept separated. 5.07(b) A written description and drawing of security measures and barriers erected to ensure that there is not a mixing of grain-fed and garbage-fed swine and/or feed, if they are kept separated. 5.07(c) A written description and drawing of structures for housing the swine including their location and size and the physical features associated with them. This will include measures taken to assure proper drainage and ventilation. 5.07(d) Operating plans for the new or expanded swine garbage feeding process. This will include such things as practices related to production systems, breeding systems, farrowing, management of newborn pigs, manure disposal, pest control, air quality and lighting. An approved operating plan is made a specific condition of obtaining a permit for a new or expanded facility. 5.07(e) A description and drawing of the feeding area. 5.07(f) Other information that may be pertinent to the particular operation. 5.08 Heat sufficient to ensure swine comfort must be ensured, as determined by the state veterinarian or livestock expert from the Cooperative Extension program using normal, generally accepted farming procedures. 5.09 In cases where the facility is segregated into garbage fed swine areas and non-garbage-fed swine areas, the Director or Director's representative shall have inspection access to non- garbage-fed swine areas to ensure compliance. 5.10 Minimum dimensions for housing of swine shall be as follows: PER SWINE INDOOR KEPT OUTSIDE Confined Sheltered Housing sleeping area Sows 20 sq. ft. 12 sq. ft. Boars 20 sq. ft. 12 sq. ft. Pigs 40 pounds 4 sq. ft. 3 sq. ft. Pigs 41-100 pounds 5 sq. ft. 3.5 sq. ft. Pigs 101-150 pounds 7 sq. ft. 5 sq. ft. Pigs 151-220 pounds 10 sq. ft. 6 sq. ft. 5.11 No swine facility shall exceed the number of Swine unit equivalents for which the permit is issued. Swine unit equivalents are based upon the housing areas described in Section 4-11, and are as follows: INDOOR KEPT OUTSIDE Confined Sheltered Housing sleeping area Sows 1.00 1.00 Boars 1.00 1.00 Pigs 40 pounds .20 .25 Pigs 41-100 pounds .25 .29 Pigs 101-150 pounds .35 .42 Pigs 151-220 pounds .50 .50 5.12 Cooking or treatment of garbage. For the protection of public health, the regulations promulgated and standards outlined under the Federal Swine Health Protection Act (7 U.S.C. 3802, 3803, 3804, 3808, 3809, 3811; 7 CFR 2.17, 2.51, and 371.2(d) as amended) are considered equally effective to other means of treatment. 6.00 SEVERABILITY: If any section or provision of these Regulations is held invalid by a court of competent jurisdiction, the remaining Sections or provisions of the Regulations shall not be affected thereby. 7.00 CONSISTENCY: 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 protection of the public health or environment. The foregoing rules and regulations, after due notice and an opportunity for a hearing, are hereby adopted and filed with the Secretary of State this 21st day of October , 1993 to become effective twenty (20) days after filing, in accordance with the provisions of the General Laws of 1956, as amended, specifically Chapter 42-17.1 and 42-35 and 4-3. Louise Durfee Director Department of Environmental Management Notice given on: 7/20/93 Effective: 11/10/93 SR101993