1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | 2025 -- H 5447 |
---|
6 | 6 | | ======== |
---|
7 | 7 | | LC000706 |
---|
8 | 8 | | ======== |
---|
9 | 9 | | S T A T E O F R H O D E I S L A N D |
---|
10 | 10 | | IN GENERAL ASSEMBLY |
---|
11 | 11 | | JANUARY SESSION, A.D. 2025 |
---|
12 | 12 | | ____________ |
---|
13 | 13 | | |
---|
14 | 14 | | A N A C T |
---|
15 | 15 | | RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S -- |
---|
16 | 16 | | TRADE IN FARMED ANIMAL FUR PRODUCTS |
---|
17 | 17 | | Introduced By: Representatives Serpa, Edwards, O'Brien, Baginski, Solomon, Kazarian, |
---|
18 | 18 | | and Lima |
---|
19 | 19 | | Date Introduced: February 12, 2025 |
---|
20 | 20 | | Referred To: House Judiciary |
---|
21 | 21 | | |
---|
22 | 22 | | |
---|
23 | 23 | | It is enacted by the General Assembly as follows: |
---|
24 | 24 | | SECTION 1. Legislative Findings. 1 |
---|
25 | 25 | | The general assembly finds and declares that eliminating the sale of farmed fur products in 2 |
---|
26 | 26 | | the State of Rhode Island will decrease demand for cruel products, reduce public health risks, 3 |
---|
27 | 27 | | promote community awareness of animal welfare, alleviate environmental burdens, foster a more 4 |
---|
28 | 28 | | humane environment, and enhance the reputation of the state. 5 |
---|
29 | 29 | | SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 6 |
---|
30 | 30 | | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 7 |
---|
31 | 31 | | CHAPTER 61 8 |
---|
32 | 32 | | TRADE IN FARMED ANIMAL FUR PRODUCTS ACT 9 |
---|
33 | 33 | | 6-61-1. Short title. 10 |
---|
34 | 34 | | This chapter shall be known and may be cited as "The Trade In Farmed Animal Fur 11 |
---|
35 | 35 | | Products Act". 12 |
---|
36 | 36 | | 6-61-2. Definitions. 13 |
---|
37 | 37 | | As used in this chapter, the following words and phrases shall have the following meanings: 14 |
---|
38 | 38 | | (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached 15 |
---|
39 | 39 | | thereto, either in its raw or processed state. 16 |
---|
40 | 40 | | (2) “Fur farm” means any operation, including the land, buildings, support facilities, and 17 |
---|
41 | 41 | | any other location or equipment, in which animals including, but not limited to, mink, fox, raccoon 18 |
---|
42 | 42 | | |
---|
43 | 43 | | |
---|
44 | 44 | | LC000706 - Page 2 of 4 |
---|
45 | 45 | | dog or chinchilla are owned, controlled, raised, bred, propagated, or kept for the value of their fur. 1 |
---|
46 | 46 | | (3)(i) “Fur product” means any article of clothing or covering for any part of the body, or 2 |
---|
47 | 47 | | any fashion accessory including, but not limited to, handbags, shoes, slippers, hats, earmuffs, 3 |
---|
48 | 48 | | scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that 4 |
---|
49 | 49 | | is made, in whole or in part, of fur. 5 |
---|
50 | 50 | | (ii) “Fur product” does not include any of the following: 6 |
---|
51 | 51 | | (A) An animal skin or part thereof that is to be converted into leather, or which in 7 |
---|
52 | 52 | | processing will have the hair, fleece, or fur fiber completely removed; 8 |
---|
53 | 53 | | (B) Animal hair, fleece, or fur fibers that are not attached to skin (e.g., fishing lures); or 9 |
---|
54 | 54 | | (C) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, 10 |
---|
55 | 55 | | Camelidae, Equidae, Suidae, or Cervidae; 11 |
---|
56 | 56 | | (4) “Person” means any individual, firm, partnership, joint venture, association, limited 12 |
---|
57 | 57 | | liability company, corporation, estate, trust, receiver, or syndicate. 13 |
---|
58 | 58 | | (5) “Ultimate consumer” means an individual who buys a fur product for their own use, or 14 |
---|
59 | 59 | | for the use of another, but not for resale or trade. 15 |
---|
60 | 60 | | (6) “Used fur product” means a fur product that has been worn or used by an ultimate 16 |
---|
61 | 61 | | consumer. 17 |
---|
62 | 62 | | 6-61-3. Prohibitions. 18 |
---|
63 | 63 | | Notwithstanding any other provision of law, it is unlawful for any person to sell, offer for 19 |
---|
64 | 64 | | sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration, a 20 |
---|
65 | 65 | | fur product in the State of Rhode Island if any of the fur contained in the fur product was sourced 21 |
---|
66 | 66 | | from an animal that was raised, maintained, kept, or housed for all or part of its life on a fur farm. 22 |
---|
67 | 67 | | For purposes of this section, the sale of a fur product shall be deemed to occur in the State of Rhode 23 |
---|
68 | 68 | | Island if: 24 |
---|
69 | 69 | | (1) The buyer takes physical possession of the fur product in Rhode Island; or 25 |
---|
70 | 70 | | (2) The seller is located in Rhode Island. 26 |
---|
71 | 71 | | 6-61-4. Exemptions. 27 |
---|
72 | 72 | | The prohibitions set forth in § 6-61-3 shall not apply to the sale, offer for sale, display for 28 |
---|
73 | 73 | | sale, trade, or distribution of: 29 |
---|
74 | 74 | | (1) A used fur product; or 30 |
---|
75 | 75 | | (2) A fur product where the activity is expressly authorized by federal law. 31 |
---|
76 | 76 | | 6-61-5. Civil Penalty. 32 |
---|
77 | 77 | | (a) A violation of this chapter shall be a civil infraction. Any person who violates this 33 |
---|
78 | 78 | | chapter shall be subject to the following penalties: 34 |
---|
79 | 79 | | |
---|
80 | 80 | | |
---|
81 | 81 | | LC000706 - Page 3 of 4 |
---|
82 | 82 | | (1) For a first violation, a civil penalty of up to five hundred dollars ($500); 1 |
---|
83 | 83 | | (2) For a second violation that occurred within one year of a previous civil infraction, a 2 |
---|
84 | 84 | | civil penalty of up to seven hundred fifty dollars ($750). 3 |
---|
85 | 85 | | (3) For a third violation that occurred within one year of a second civil infraction, a civil 4 |
---|
86 | 86 | | penalty of up to one thousand dollars ($1,000). 5 |
---|
87 | 87 | | (b) Each fur product that constitutes a violation of this chapter shall be treated as a separate 6 |
---|
88 | 88 | | violation in any civil action brought pursuant to this chapter. 7 |
---|
89 | 89 | | 6-61-6. Enforcement. 8 |
---|
90 | 90 | | (a) The attorney general shall enforce the provisions of this chapter. The attorney general 9 |
---|
91 | 91 | | may also seek injunctive relief to prevent further violations of this chapter. 10 |
---|
92 | 92 | | (b) Within six (6) months of the effective date of this chapter, the attorney general shall 11 |
---|
93 | 93 | | promulgate rules and regulations for the implementation and enforcement of this chapter. 12 |
---|
94 | 94 | | (3) Any municipality may, by ordinance, enforce the provisions of § 6-61-5. 13 |
---|
95 | 95 | | (4) Notwithstanding any other provision of law, there shall be a rebuttable presumption 14 |
---|
96 | 96 | | that a fur product contains fur that was sourced from an animal raised, maintained, kept, or housed 15 |
---|
97 | 97 | | for all or part of its life on a fur farm. 16 |
---|
98 | 98 | | 6-61-7 Severability. 17 |
---|
99 | 99 | | If any provision of this chapter or the application thereof to any person or circumstances is 18 |
---|
100 | 100 | | held invalid, such invalidity shall not affect any other provision or application which can be given 19 |
---|
101 | 101 | | effect without the invalid provision or application, and to this end the provisions of this chapter are 20 |
---|
102 | 102 | | declared to be severable. 21 |
---|
103 | 103 | | SECTION 3. This act shall take effect three (3) years after passage. 22 |
---|
104 | 104 | | ======== |
---|
105 | 105 | | LC000706 |
---|
106 | 106 | | ======== |
---|
107 | 107 | | |
---|
108 | 108 | | |
---|
109 | 109 | | LC000706 - Page 4 of 4 |
---|
110 | 110 | | EXPLANATION |
---|
111 | 111 | | BY THE LEGISLATIVE COUNCIL |
---|
112 | 112 | | OF |
---|
113 | 113 | | A N A C T |
---|
114 | 114 | | RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS -- |
---|
115 | 115 | | TRADE IN FARMED ANIMAL FUR PRODUCTS |
---|
116 | 116 | | *** |
---|
117 | 117 | | This act would prohibit a person to sell, offer for sale, display for sale or otherwise 1 |
---|
118 | 118 | | distribute a farmed animal fur product within the state and would provide graduated civil penalties 2 |
---|
119 | 119 | | for violations. 3 |
---|
120 | 120 | | This act would take effect three (3) years after passage. 4 |
---|
121 | 121 | | ======== |
---|
122 | 122 | | LC000706 |
---|
123 | 123 | | ======== |
---|