Rhode Island 2023 Regular Session

Rhode Island House Bill H5258 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5258
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7	7	LC000655
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR PRODUCTS ACT
16	16	Introduced By: Representatives Kazarian, Serpa, Potter, and Stewart
17	17	Date Introduced: January 27, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby 1
23	23	amended by adding thereto the following chapter: 2
24	24	CHAPTER 71 3
25	25	TRADE IN ANIMAL FUR PRODUCTS ACT 4
26	26	11-71-1. Purpose.. 5
27	27	The general assembly finds and declares that: 6
28	28	(1) Animals that are slaughtered for their fur endure tremendous suffering. Animals raised 7
29	29	on fur farms typically spend their entire lives in cramped and filthy cages. Fur farmers typically 8
30	30	use the cheapest killing methods available, including suffocation, electrocution, gas and poison. 9
31	31	(2) Fur farms are reservoirs and transmission vectors for dangerous zoonotic diseases, 10
32	32	including SARS coronaviruses that threaten public health. COVID-19 infections have been 11
33	33	confirmed at fur farms in Europe and North America, and scientific studies have linked mink, 12
34	34	raccoon dogs and foxes, the animals most commonly farmed for their fur, to a variety of corona 13
35	35	viruses. 14
36	36	(3) The fur production process is energy intensive and has a significant environmental 15
37	37	impact, including air and water pollution. Runoff from the fur production process contains high 16
38	38	concentrations of phosphorous and nitrogen, which are the most common forms of water pollution 17
39	39	in the United States, including in Rhode Island. In addition, the tanning and dying processes used 18
40	40	in fur production use toxic chemicals and heavy metals like chromium and formaldehyde. 19
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44	44	(4) Considering the wide array of alternatives for fashion and apparel, the general assembly 1
45	45	finds that the demand for fur products does not justify the unnecessary killing and cruel treatment 2
46	46	of animals, harm to the environment, and the public health risks to the people of Rhode Island 3
47	47	caused by these practices. 4
48	48	(5) The general assembly believes that eliminating the sale of fur products in the State of 5
49	49	Rhode Island will decrease the demand for these cruel and environmentally harmful products and 6
50	50	will promote community awareness of animal welfare and, in turn, will foster a more humane 7
51	51	environment in Rhode Island and enhance the reputation of the state. 8
52	52	11-71-2. Definitions. 9
53	53	As used in this chapter, the following words and phrases shall have the following meanings: 10
54	54	(1) "Fur" means any animal skin or part thereof with hair, fleece, or fur fibers attached 11
55	55	thereto, either in its raw or processed state. 12
56	56	(2)(i) "Fur product" means any article of clothing or covering for any part of the body, or 13
57	57	any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, 14
58	58	scarves, shawls, gloves, jewelry, key chains, toys or trinkets and home accessories and decor that 15
59	59	is made in whole or in part of fur. 16
60	60	(ii) "Fur product" shall not mean any of the following: 17
61	61	(A) Any animal skin or part thereof that is to be converted into leather, or which in 18
62	62	processing will have the hair, fleece, or fur fiber completely removed; 19
63	63	(B) Cowhide with the hair attached; 20
64	64	(C) Lambskin or sheepskin with the fleece attached thereto; or 21
65	65	(D) The pelt or skin of any animal that is preserved through taxidermy or for the purpose 22
66	66	of taxidermy. 23
67	67	(3) "Nonprofit organization" means any corporation that is organized under section 24
68	68	50l(c)(3) of title 26 of the United States Code that is created for charitable, religious, philanthropic, 25
69	69	educational, or similar purposes. 26
70	70	(4) "Taxidermy" means the practice of preparing and preserving the skin of an animal that 27
71	71	is deceased and stuffing and mounting it in lifelike form. 28
72	72	(5) "Ultimate consumer" means a person who buys for their own use, or for the use of 29
73	73	another but not for resale or trade. 30
74	74	(6) "Used fur product" means a fur product that has been worn or used by an ultimate 31
75	75	consumer. 32
76	76	11-71-3. Prohibition. 33
77	77	It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for 34
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81	81	monetary or non-monetary consideration a fur product in the State of Rhode Island. 1
82	82	11-71-4. Exemptions. 2
83	83	The prohibition set forth in § 11-71-3, shall not apply to the sale, offer for sale, displaying 3
84	84	for sale, trade, or distribution of: 4
85	85	(1) A used product by an individual, excluding a retail transaction, nonprofit organization 5
86	86	or second hand store, including a pawn shop; 6
87	87	(2) A fur product required for use in the practice of a religion; or 7
88	88	(3) Fur product that is expressly authorized by federal or state law. 8
89	89	11-71-5. Penalty. 9
90	90	(a) Any person convicted of violating this chapter shall be subject to the following 10
91	91	penalties: 11
92	92	(1) For a first violation, a civil penalty of up to five hundred dollars ($500); 12
93	93	(2) For a second violation that occurred within one year of a previous violation, a civil 13
94	94	penalty of up to seven hundred fifty dollars ($750); 14
95	95	(3) For a third violation that occurred within one year of a second violation, a civil penalty 15
96	96	of up to one thousand dollars ($1,000). 16
97	97	(b) Each fur product that constitutes a violation of this chapter shall be treated as a separate 17
98	98	violation in a civil action brought pursuant to this chapter. 18
99	99	11-71-6. Severability. 19
100	100	If any provision of this chapter or the application thereof to any person or circumstances is 20
101	101	held invalid, such invalidity shall not affect any other provision or application which can be given 21
102	102	effect without the invalid provision or application, and to this end the provisions of this chapter are 22
103	103	declared to be severable. 23
104	104	SECTION 2. This act shall take effect four (4) years after passage. 24
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111	111	EXPLANATION
112	112	BY THE LEGISLATIVE COUNCIL
113	113	OF
114	114	A N A C T
115	115	RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR PRODUCTS ACT
116	116	***
117	117	This act would prohibit the sale, offer of sale, trade or distribution of fur products as defined 1
118	118	and would make violations punishable by a civil fine. 2
119	119	This act would take effect four (4) years after passage. 3
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