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| 5 | 5 | | 2023 -- H 5437 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001163 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- FORCE-FED POULTRY PRODUCTS |
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| 16 | 16 | | Introduced By: Representatives Potter, Serpa, Kislak, Craven, Messier, Cruz, Bennett, |
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| 17 | 17 | | Donovan, DeSimone, and Caldwell |
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| 18 | 18 | | Date Introduced: February 08, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1 |
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| 24 | 24 | | amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 16.1 3 |
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| 26 | 26 | | FORCE-FED POULTRY PRODUCTS 4 |
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| 27 | 27 | | 21-16.1-1. Legislative intent. 5 |
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| 28 | 28 | | The general assembly recognizes it is in the public interest to protect the public health and 6 |
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| 29 | 29 | | general welfare of the State of Rhode Island by regulating industries, such as foie gras, that are 7 |
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| 30 | 30 | | inhumane, environmentally unsustainable, and increase the risk of zoonotic diseases. 8 |
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| 31 | 31 | | 21-16.1-2. Definitions. 9 |
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| 32 | 32 | | For the purposes of this chapter, the following terms have the following meaning: 10 |
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| 33 | 33 | | (1) “Force-fed poultry product” means any product that is the result of force-feeding a bird, 11 |
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| 34 | 34 | | including, but not limited to, a duck or a goose, with the intent to fatten or enlarge the bird's liver. 12 |
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| 35 | 35 | | (2) “Force-feeding” means the practice of forcing, by any means, food or supplements into 13 |
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| 36 | 36 | | the throat, esophagus, crop or stomach of an animal. 14 |
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| 37 | 37 | | (3) “Sell” means any act of selling, trading, or bartering for monetary or nonmonetary 15 |
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| 38 | 38 | | consideration, and includes any transfer of ownership that occurs in the course of a commercial 16 |
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| 39 | 39 | | transaction. 17 |
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| 40 | 40 | | 21-16.1-3. Prohibited conduct. 18 |
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| 41 | 41 | | (a) A person shall not engage in force-feeding to create a force-fed poultry product nor hire 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001163 - Page 2 of 3 |
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| 45 | 45 | | another to engage in force-feeding to create a force-fed poultry product. 1 |
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| 46 | 46 | | (b) A person shall not sell in Rhode Island by any means, including, but not limited to, 2 |
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| 47 | 47 | | direct, telephone, electronic or Internet sales, any force-fed poultry product or food containing a 3 |
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| 48 | 48 | | force-fed poultry product. For purposes of this chapter, there shall be a rebuttable presumption that 4 |
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| 49 | 49 | | an item that is in any way identified or labeled as "foie gras", or listed on a menu as "foie gras", is 5 |
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| 50 | 50 | | a force-fed poultry product. Any party seeking to rebut such presumption shall provide 6 |
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| 51 | 51 | | documentary evidence proving that the product they are storing, keeping, maintaining, offering for 7 |
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| 52 | 52 | | sale, or selling is not a force-fed poultry product as defined in this chapter. 8 |
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| 53 | 53 | | 21-16.1-4. Enforcement. 9 |
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| 54 | 54 | | (a) Any person who is found to violate any provision of this chapter shall be subject to a 10 |
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| 55 | 55 | | civil penalty of five hundred dollars ($500) for each violation. Each such violation may be treated 11 |
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| 56 | 56 | | as a separate and distinct offense, and in the case of a continuing violation, each day's continuance 12 |
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| 57 | 57 | | thereof may be treated as a separate and distinct offense. 13 |
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| 58 | 58 | | (b) Any person who violates any provision of this chapter may be prosecuted by the board 14 |
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| 59 | 59 | | of health or the health department of the city or town where the violation occurs, or by the state 15 |
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| 60 | 60 | | department of health, and such board or department after deducting the costs of trial and conviction, 16 |
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| 61 | 61 | | may retain the balance of the fine or fines recovered for the use of the board or department. 17 |
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| 62 | 62 | | (c) A peace officer, officer of a humane society, or officer of an animal control or animal 18 |
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| 63 | 63 | | regulation department of a public agency, may issue a citation to a person who violates this chapter. 19 |
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| 64 | 64 | | SECTION 2. This act shall take effect on January 1, 2024. 20 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | LC001163 |
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| 67 | 67 | | ======== |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | LC001163 - Page 3 of 3 |
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| 71 | 71 | | EXPLANATION |
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| 72 | 72 | | BY THE LEGISLATIVE COUNCIL |
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| 73 | 73 | | OF |
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| 74 | 74 | | A N A C T |
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| 75 | 75 | | RELATING TO FOOD AND DRUGS -- FORCE-FED POULTRY PRODUCTS |
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| 76 | 76 | | *** |
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| 77 | 77 | | This act would prohibit force-feeding to create a force-fed poultry product nor hire another 1 |
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| 78 | 78 | | to engage in force feeding of a poultry product. Violations would be subject to a civil penalty. 2 |
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| 79 | 79 | | This act would take effect on January 1, 2024. 3 |
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| 80 | 80 | | ======== |
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| 81 | 81 | | LC001163 |
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| 82 | 82 | | ======== |
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