| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- S 0202 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001789 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO FOOD AND DRUGS -- FORCE-FED POULTRY PRODUCTS |
|---|
| 16 | 16 | | Introduced By: Senators Gu, Valverde, DiMario, Euer, Mack, and Lauria |
|---|
| 17 | 17 | | Date Introduced: February 16, 2023 |
|---|
| 18 | 18 | | Referred To: Senate Environment & Agriculture |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | It is enacted by the General Assembly as follows: |
|---|
| 22 | 22 | | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1 |
|---|
| 23 | 23 | | amended by adding thereto the following chapter: 2 |
|---|
| 24 | 24 | | CHAPTER 16.1 3 |
|---|
| 25 | 25 | | FORCE-FED POULTRY PRODUCTS 4 |
|---|
| 26 | 26 | | 21-16.1-1. Legislative intent. 5 |
|---|
| 27 | 27 | | The general assembly recognizes it is in the public interest to protect the public health and 6 |
|---|
| 28 | 28 | | general welfare of the State of Rhode Island by regulating industries, such as foie gras, that are 7 |
|---|
| 29 | 29 | | inhumane, environmentally unsustainable, and increase the risk of zoonotic diseases. 8 |
|---|
| 30 | 30 | | 21-16.1-2. Definitions. 9 |
|---|
| 31 | 31 | | For the purposes of this chapter, the following terms have the following meaning: 10 |
|---|
| 32 | 32 | | (1) “Force-fed poultry product” means any product that is the result of force-feeding a bird, 11 |
|---|
| 33 | 33 | | including, but not limited to, a duck or a goose, with the intent to fatten or enlarge the bird's liver. 12 |
|---|
| 34 | 34 | | (2) “Force-feeding” means the practice of forcing, by any means, food or supplements into 13 |
|---|
| 35 | 35 | | the throat, esophagus, crop or stomach of an animal. 14 |
|---|
| 36 | 36 | | (3) “Sell” means any act of selling, trading, or bartering for monetary or nonmonetary 15 |
|---|
| 37 | 37 | | consideration, and includes any transfer of ownership that occurs in the course of a commercial 16 |
|---|
| 38 | 38 | | transaction. 17 |
|---|
| 39 | 39 | | 21-16.1-3. Prohibited conduct. 18 |
|---|
| 40 | 40 | | (a) A person shall not engage in force-feeding to create a force-fed poultry product nor hire 19 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC001789 - Page 2 of 3 |
|---|
| 44 | 44 | | another to engage in force-feeding to create a force-fed poultry product. 1 |
|---|
| 45 | 45 | | (b) A person shall not sell in Rhode Island by any means, including, but not limited to, 2 |
|---|
| 46 | 46 | | direct, telephone, electronic or Internet sales, any force-fed poultry product or food containing a 3 |
|---|
| 47 | 47 | | force-fed poultry product. For purposes of this chapter, there shall be a rebuttable presumption that 4 |
|---|
| 48 | 48 | | an item that is in any way identified or labeled as "foie gras", or listed on a menu as "foie gras", is 5 |
|---|
| 49 | 49 | | a force-fed poultry product. Any party seeking to rebut such presumption shall provide 6 |
|---|
| 50 | 50 | | documentary evidence proving that the product they are storing, keeping, maintaining, offering for 7 |
|---|
| 51 | 51 | | sale, or selling is not a force-fed poultry product as defined in this chapter. 8 |
|---|
| 52 | 52 | | 21-16.1-4. Enforcement. 9 |
|---|
| 53 | 53 | | (a) Any person who is found to violate any provision of this chapter shall be subject to a 10 |
|---|
| 54 | 54 | | civil penalty of five hundred dollars ($500) for each violation. Each such violation may be treated 11 |
|---|
| 55 | 55 | | as a separate and distinct offense, and in the case of a continuing violation, each day's continuance 12 |
|---|
| 56 | 56 | | thereof may be treated as a separate and distinct offense. 13 |
|---|
| 57 | 57 | | (b) Any person who violates any provision of this chapter may be prosecuted by the board 14 |
|---|
| 58 | 58 | | of health or the health department of the city or town where the violation occurs, or by the state 15 |
|---|
| 59 | 59 | | department of health, and such board or department after deducting the costs of trial and conviction, 16 |
|---|
| 60 | 60 | | may retain the balance of the fine or fines recovered for the use of the board or department. 17 |
|---|
| 61 | 61 | | (c) A peace officer, officer of a humane society, or officer of an animal control or animal 18 |
|---|
| 62 | 62 | | regulation department of a public agency, may issue a citation to a person who violates this chapter. 19 |
|---|
| 63 | 63 | | SECTION 2. This act shall take effect on January 1, 2024. 20 |
|---|
| 64 | 64 | | ======== |
|---|
| 65 | 65 | | LC001789 |
|---|
| 66 | 66 | | ======== |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | |
|---|
| 69 | 69 | | LC001789 - Page 3 of 3 |
|---|
| 70 | 70 | | EXPLANATION |
|---|
| 71 | 71 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 72 | 72 | | OF |
|---|
| 73 | 73 | | A N A C T |
|---|
| 74 | 74 | | RELATING TO FOOD AND DRUGS -- FORCE-FED POULTRY PRODUCTS |
|---|
| 75 | 75 | | *** |
|---|
| 76 | 76 | | This act would prohibit force-feeding to create a force-fed poultry product nor hire another 1 |
|---|
| 77 | 77 | | to engage in force feeding of a poultry product. Violations would be subject to a civil penalty. 2 |
|---|
| 78 | 78 | | This act would take effect on January 1, 2024. 3 |
|---|
| 79 | 79 | | ======== |
|---|
| 80 | 80 | | LC001789 |
|---|
| 81 | 81 | | ======== |
|---|
| 82 | 82 | | |
|---|