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AG Kilmartin Bill to Create Statute for Larceny of Farm Products

With the continued growth of farming and agricultural industries in Rhode Island, Attorney General Peter F. Kilmartin authored 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 – H7619, sponsored by Representative Samuel A. Azzinaro (D-District 37, Westerly) – is scheduled to be heard before the House Committee on Judiciary Wednesday, March 19, 2014. The Senate companion bill is sponsored by Senator V. Susan Sosnowski (D-District 37, New Shoreham, South Kingstown).

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; (iii) supplies used or produced in a farming operation; or products of crops or livestock in their unmanufactured states.

"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. Not only does this increase the cost of doing business for the farmer, those increased costs find their way to Rhode Island consumers," said Attorney General Kilmartin. "Enacting this legislation would give prosecutors one more tool to protect one of Rhode Island's most sacred industries and provides a deterrent for unscrupulous thieves."

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.

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