With the continued growth of farming and agricultural industries in Rhode Island, Attorney General Peter F. Kilmartin and Senator V. Susan Sosnowski (D-District 37, New Shoreham, South Kingstown) have put forth legislation at the request of the Rhode Island Farm Bureau that would create a statute for the larceny of farm products and livestock. The legislation (S2643) is scheduled to be heard before the Senate Judiciary Committee on Tuesday, March 25, 2014.
A companion bill - H7619, sponsored by Representative Samuel A. Azzinaro (D-District 37, Westerly) - was heard before the House Committee on Judiciary Wednesday, March 19, 2014.
This legislation provides for a new criminal offense of larceny of a farm product. Under the act, it would be unlawful for any person to steal a farm product that is the property of a farming operation, from the farm itself or the place where the farm product is sold. "Farm product" means goods used in a farming operation, including, but not limited to: Crops grown, growing, or to be grown, including, but not limited to, crops produced on trees, vines, and bushes; and aquatic goods produced in aquacultural operations; livestock, born or unborn, including aquatic goods produced in aquacultural operations; supplies used or produced in a farming operation; or products of crops or livestock in their unmanufactured states.
"Rhode Island's farming industry continues to be a growth sector for our economy, and we need to protect our farms and the hard working men and women who have dedicated their lives to the land," said Attorney General Kilmartin. "Farmers invest a great deal of time and effort working on their farming operation, if a theft occurs, not only have they lost their product or livestock, they have also lost the anticipated profits and large amount of effort for maintaining such operations. I am proud to work with Senator Sosnowski and the Rhode Island Farm Bureau on this legislation to help protect our farms and the thriving farming industry."
Senator V. Susan Sosnowski (D – Dist. 37, New Shoreham, South Kingstown) said, "As a farmer myself, I can appreciate the heavy impact felt by farmers when agricultural equipment is stolen. Theft of expensive farm equipment has ramifications on more than a farmer's crops and livestock, but on their very livelihoods, and on the cost of goods for consumers. I am grateful that Attorney General Kilmartin is focused on protecting the vitality of Rhode Island's growing agricultural industry, and I'm pleased to work to enact this important legislation."
Individuals who stole a farm product whose wholesale value is $250 dollars or more would be guilty of a felony and upon conviction, subject to imprisonment of up to five years, a fine of up to $5,000, or both. Individuals who stole farm product whose wholesale value is under $250s would be guilty of a misdemeanor and, upon conviction, subject to imprisonment of no more than one year, a fine of up to $1,000, or both. For the purposes of the section, value means credible evidence that establishes the worth of the farm product on the day of the theft in comparison with a farm product of the same variety and weight.
Due to an increase in agricultural theft across the Country, several states, including but not limited to, California, Georgia, Hawaii and Mississippi, have enacted legislation to address the problem. According to the Nursery Growers Association of California, in 2006-2007, it was estimated that United States farmers lost five billion dollars to agriculture theft. This number may actually be much larger, but agricultural theft is allegedly underreported.