Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0745 Compare Versions

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

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5	5	2023 -- S 0745
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7	7	LC002369
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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 ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS
16	16	Introduced By: Senators Ruggerio, Murray, Tikoian, and Euer
17	17	Date Introduced: March 22, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 4-1-1 and 4-1-3 of the General Laws in Chapter 4-1 entitled "Cruelty 1
23	23	to Animals" are hereby amended to read as follows: 2
24	24	4-1-1. Definitions — Responsibility for agents and employees. 3
25	25	(a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8: 4
26	26	(1) “Animal” and “animals” means every living creature except a human being. 5
27	27	(2) "Cosmetic" means any: 6
28	28	(i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or 7
29	29	otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting 8
30	30	attractiveness, or altering the appearance; and 9
31	31	(ii) Articles intended for use as a component of any such articles, except that such term 10
32	32	shall not include soap. 11
33	33	(3) "Cosmetic ingredient" means any single chemical entity or mixture used as a 12
34	34	component in the manufacture of a cosmetic product, as defined as of the date of enactment of this 13
35	35	act in 21 C.F.R. 700.3(e). 14
36	36	(4) "Cosmetic animal testing" means the internal or external application or exposure of any 15
37	37	cosmetic product, or any cosmetic ingredient or non-functional constituent, to the skin, eyes, or 16
38	38	other body part (organ or extremity) of a live non-human vertebrate for the purpose of evaluating 17
39	39	the safety or efficacy of a cosmetic product or a cosmetic ingredient or non-functional constituent 18
40	40	for the use in a cosmetic product. 19
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44	44	(5) "Cosmetic product" means a finished cosmetic the manufacture of which has been 1
45	45	completed. 2
46	46	(5)(6) Except for livestock as defined in § 4-26-3(6), “adequate living conditions” shall 3
47	47	mean a sanitary environment that is dry and free of accumulated feces and free of debris and 4
48	48	garbage that may clutter the environment, pose a danger, or entangle the animal. The environment 5
49	49	in which the animal is kept must be consistent with federal regulatory requirements, where 6
50	50	applicable, or generally recognized professional standards, where applicable, or otherwise be of 7
51	51	sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement, and 8
52	52	suitable to maintain the animal in a good state of health. “Adequate living conditions” for livestock 9
53	53	as defined in § 4-26-3(6) shall mean best management practices established, no later than July 1, 10
54	54	2014, by the Rhode Island livestock welfare and care standards advisory council. 11
55	55	(6)(7) Except for livestock as defined in § 4-26-3, “hazardous accumulation of animals” 12
56	56	means the accumulation of a large number of animals, to a point where the owner, possessor, or 13
57	57	person having the charge of custody of the aforementioned animals fails to or is unable to provide 14
58	58	“adequate living conditions” as defined herein, resulting in harm or danger to the health and 15
59	59	wellbeing of the animals. 16
60	60	(b) The knowledge and acts of agents of and persons employed by corporations in regard 17
61	61	to animals transported, owned or employed by or in the custody of that corporation are held to be 18
62	62	the acts and knowledge of that corporation. 19
63	63	(4)(8) “Guardian” shall mean a person(s) having the same rights and responsibilities of an 20
64	64	owner, and both terms shall be used interchangeably. A guardian shall also mean a person who 21
65	65	possesses, has title to or an interest in, harbors, or has control, custody, or possession of an animal 22
66	66	and who is responsible for an animal’s safety and well-being. 23
67	67	(2)(9) “Licensed graduate veterinarian” or “veterinarian” means a person licensed to 24
68	68	engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate 25
69	69	of an accredited veterinary medical, surgical, and dental school or college of a standard recognized 26
70	70	by the Rhode Island Veterinary Medical Association. 27
71	71	(10) "Manufacturer" means any person whose name appears on the label of a cosmetic 28
72	72	product pursuant to the requirements of 21 C.F.R. 701.12. 29
73	73	(11) "Non-functional constituent" means any incidental ingredient as defined, as of the date 30
74	74	of enactment of this act, in 21 C.F.R. 701.3(i). 31
75	75	(3)(12) “Owner,” “person,” and “whoever” means corporations as well as individuals. 32
76	76	(13) "Supplier" means any entity that supplies, directly or through a third-party, any 33
77	77	ingredient used in the formulation of a cosmetic product. 34
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81	81	4-1-3. Unnecessary cruelty. 1
82	82	(a) Every owner, possessor, or person having the charge or custody of any animal, who 2
83	83	cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal, or who 3
84	84	carries that animal or who fails to provide that animal with adequate living conditions as defined 4
85	85	in § 4-1-1, or who engages in the hazardous accumulation of animals as defined in § 4-1-1, or 5
86	86	causes that animal, to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman manner; 6
87	87	or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or permits that 7
88	88	animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or who places, or 8
89	89	causes to have placed, on any animal any substance that may produce irritation or pain or that is 9
90	90	declared a hazardous substance by the U.S. Food and Drug Administration or by the state 10
91	91	department of health, shall be punished for each offense in the manner provided in § 4-1-2. If the 11
92	92	offense described in this section results in the death of the animal, the person shall be punished in 12
93	93	the manner provided in § 4-1-5. If any owner, possessor, or person having the charge or custody of 13
94	94	any animal is found guilty of or pleads nolo contendere to a violation of this section and said 14
95	95	violation involves the hazardous accumulation of animals, the court shall, in imposing a penalty 15
96	96	under this section, take into account whether the defendant’s conduct could be considered to be the 16
97	97	result of a mental health disorder as defined in § 27-38.2-2. 17
98	98	(b) The substances proscribed by subsection (a) do not include any drug having curative 18
99	99	and therapeutic effect for disease in animals and that is prepared and intended for veterinary use. 19
100	100	(c) University, college, or hospital research facilities licensed and/or inspected by the U.S. 20
101	101	Department of Agriculture or the U.S. Public Health Service of the Department of Health and 21
102	102	Human Services shall be exempt from the provisions of subsection (a) provided that they are in 22
103	103	good standing with the federal agency responsible for licensing or assurance of the facility. 23
104	104	(d)(1) No manufacturer shall sell or offer for sale in the state any cosmetic that was 24
105	105	developed or manufactured using cosmetic animal testing, if the testing was conducted or 25
106	106	contracted by the manufacturer or any supplier of the manufacturer on or after January 1, 2024. 26
107	107	(2) The prohibitions of subsection (d)(1) of this section do not apply to cosmetics 27
108	108	developed or manufactured using cosmetic animal testing if: 28
109	109	(i) The testing is requested, conducted, or required by a federal or state regulatory authority; 29
110	110	(A) There is no non-animal alternative method or strategy recognized by any federal 30
111	111	agency or the organization for economic cooperation and development for the relevant safety 31
112	112	endpoints for the cosmetic ingredient or non-functional constituent; 32
113	113	(B) The cosmetic ingredient or non-functional constituent poses a risk of causing a specific 33
114	114	human health problem that is substantiated and the need to conduct cosmetic animal testing is 34
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118	118	justified and supported by a detailed research protocol proposed as the basis for the evaluation of 1
119	119	the cosmetic ingredient or non-functional constituent; 2
120	120	(C) The cosmetic ingredient or non-functional constituent is in wide use and, in the case of 3
121	121	a cosmetic ingredient, cannot be replaced by another ingredient capable of performing a similar 4
122	122	function; 5
123	123	(ii) The testing is conducted outside the United States and in order to comply with a 6
124	124	requirement of a foreign regulatory authority; provided that, no evidence derived from the testing 7
125	125	is relied upon to substantiate the safety of the cosmetic in Rhode Island; 8
126	126	(iii) The testing is conducted on a product or ingredient subject to the requirements of 9
127	127	subchapter V of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 351 et seq.; or 10
128	128	(iv) The testing is conducted for a cosmetic ingredient intended to be used in a product that 11
129	129	is not a cosmetic product and conducted pursuant to a requirement of a federal, state, or foreign 12
130	130	regulatory authority as long as no evidence derived from animal testing conducted after the 13
131	131	effective date of this subsection is relied upon to substantiate the safety of a cosmetic sold in the 14
132	132	state by a manufacturer, unless all of the following apply: 15
133	133	(A) There is no non-animal alternative method or strategy recognized by any federal or 16
134	134	state agency or the Organization for Economic Cooperation and Development for the relevant 17
135	135	safety endpoints for such ingredient; 18
136	136	(B) There is documented evidence of the non-cosmetic intent of the test; and 19
137	137	(C) There is history of use of the ingredient outside of cosmetics at least one year prior to 20
138	138	the manufacturer's reliance on such data. 21
139	139	(3) The provisions of subsection (d) of this section shall not apply to: 22
140	140	(i) A cosmetic product if the cosmetic in its final form was tested on animals before January 23
141	141	1, 2024, even if the cosmetic is manufactured on or after that date; provided that, no new animal 24
142	142	testing in violation of subsection (d) of this section occurs after January 1, 2024 by or on behalf of 25
143	143	the manufacturer; 26
144	144	(ii) An ingredient in a cosmetic, if the cosmetic ingredient was tested on animals before 27
145	145	January 1, 2024, even if the ingredient is manufactured on or after that date; provided that, no new 28
146	146	animal testing in violation of subsection (d) of this section occurs after January 1, 2024, by or on 29
147	147	behalf of the manufacturer; or 30
148	148	(iii) A manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal 31
149	149	test. 32
150	150	(4) No municipality may establish or continue any prohibition on or relating to cosmetic 33
151	151	animal testing that is not identical to the provisions set forth in this section. 34
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155	155	(5) Any person or manufacturer that violates subsection (d)(1) of this section shall be 1
156	156	subject to a civil penalty of up to one thousand dollars ($1,000) for each offense. If the violation is 2
157	157	of a continuing nature, each day during which it continues constitutes an additional, separate, and 3
158	158	distinct offense. 4
159	159	SECTION 2. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby 5
160	160	amended by adding thereto the following section: 6
161	161	4-1-3.3. Rules and regulations -- Complaints. 7
162	162	(a) The Rhode Island department of environmental management ("DEM") shall promulgate 8
163	163	rules and regulations to implement the provisions of § 4-1-3. 9
164	164	(b) DEM shall only investigate those manufacturers selling cosmetics subjected to cosmetic 10
165	165	animal testing in violation of the provisions of § 4-1-3 upon receipt of a written complaint. The 11
166	166	form of complaint shall be established by DEM at the time the rules and regulations are 12
167	167	promulgated. 13
168	168	(c) If upon investigation, DEM determines there has been a violation of the provisions of 14
169	169	§ 4-1-3 as to cosmetic animal testing, DEM shall refer the matter to the attorney general; provided, 15
170	170	DEM shall contact the manufacturer of the suspect product and ask for proof that the manufacturer 16
171	171	does not use animal testing on the product before making a referral to the attorney general pursuant 17
172	172	to this section. 18
173	173	SECTION 3. This act shall take effect upon passage. 19
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180	180	EXPLANATION
181	181	BY THE LEGISLATIVE COUNCIL
182	182	OF
183	183	A N A C T
184	184	RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS
185	185	***
186	186	This act would prohibit a manufacturer to sell or offer for sale in the state any cosmetic 1
187	187	that was developed or manufactured using cosmetic animal testing, if the testing was conducted or 2
188	188	contracted by the manufacturer on or after January 1, 2024. A fine of one thousand dollars ($1,000) 3
189	189	would be imposed for violations of this act. 4
190	190	This act would take effect upon passage. 5
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192	192	LC002369
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