Rhode Island 2025 Regular Session

Rhode Island House Bill H5447 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
1616 TRADE IN FARMED ANIMAL FUR PRODUCTS
1717 Introduced By: Representatives Serpa, Edwards, O'Brien, Baginski, Solomon, Kazarian,
1818 and Lima
1919 Date Introduced: February 12, 2025
2020 Referred To: House Judiciary
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Legislative Findings. 1
2525 The general assembly finds and declares that eliminating the sale of farmed fur products in 2
2626 the State of Rhode Island will decrease demand for cruel products, reduce public health risks, 3
2727 promote community awareness of animal welfare, alleviate environmental burdens, foster a more 4
2828 humane environment, and enhance the reputation of the state. 5
2929 SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 6
3030 REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 7
3131 CHAPTER 61 8
3232 TRADE IN FARMED ANIMAL FUR PRODUCTS ACT 9
3333 6-61-1. Short title. 10
3434 This chapter shall be known and may be cited as "The Trade In Farmed Animal Fur 11
3535 Products Act". 12
3636 6-61-2. Definitions. 13
3737 As used in this chapter, the following words and phrases shall have the following meanings: 14
3838 (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached 15
3939 thereto, either in its raw or processed state. 16
4040 (2) “Fur farm” means any operation, including the land, buildings, support facilities, and 17
4141 any other location or equipment, in which animals including, but not limited to, mink, fox, raccoon 18
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4545 dog or chinchilla are owned, controlled, raised, bred, propagated, or kept for the value of their fur. 1
4646 (3)(i) “Fur product” means any article of clothing or covering for any part of the body, or 2
4747 any fashion accessory including, but not limited to, handbags, shoes, slippers, hats, earmuffs, 3
4848 scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that 4
4949 is made, in whole or in part, of fur. 5
5050 (ii) “Fur product” does not include any of the following: 6
5151 (A) An animal skin or part thereof that is to be converted into leather, or which in 7
5252 processing will have the hair, fleece, or fur fiber completely removed; 8
5353 (B) Animal hair, fleece, or fur fibers that are not attached to skin (e.g., fishing lures); or 9
5454 (C) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, 10
5555 Camelidae, Equidae, Suidae, or Cervidae; 11
5656 (4) “Person” means any individual, firm, partnership, joint venture, association, limited 12
5757 liability company, corporation, estate, trust, receiver, or syndicate. 13
5858 (5) “Ultimate consumer” means an individual who buys a fur product for their own use, or 14
5959 for the use of another, but not for resale or trade. 15
6060 (6) “Used fur product” means a fur product that has been worn or used by an ultimate 16
6161 consumer. 17
6262 6-61-3. Prohibitions. 18
6363 Notwithstanding any other provision of law, it is unlawful for any person to sell, offer for 19
6464 sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration, a 20
6565 fur product in the State of Rhode Island if any of the fur contained in the fur product was sourced 21
6666 from an animal that was raised, maintained, kept, or housed for all or part of its life on a fur farm. 22
6767 For purposes of this section, the sale of a fur product shall be deemed to occur in the State of Rhode 23
6868 Island if: 24
6969 (1) The buyer takes physical possession of the fur product in Rhode Island; or 25
7070 (2) The seller is located in Rhode Island. 26
7171 6-61-4. Exemptions. 27
7272 The prohibitions set forth in § 6-61-3 shall not apply to the sale, offer for sale, display for 28
7373 sale, trade, or distribution of: 29
7474 (1) A used fur product; or 30
7575 (2) A fur product where the activity is expressly authorized by federal law. 31
7676 6-61-5. Civil Penalty. 32
7777 (a) A violation of this chapter shall be a civil infraction. Any person who violates this 33
7878 chapter shall be subject to the following penalties: 34
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8282 (1) For a first violation, a civil penalty of up to five hundred dollars ($500); 1
8383 (2) For a second violation that occurred within one year of a previous civil infraction, a 2
8484 civil penalty of up to seven hundred fifty dollars ($750). 3
8585 (3) For a third violation that occurred within one year of a second civil infraction, a civil 4
8686 penalty of up to one thousand dollars ($1,000). 5
8787 (b) Each fur product that constitutes a violation of this chapter shall be treated as a separate 6
8888 violation in any civil action brought pursuant to this chapter. 7
8989 6-61-6. Enforcement. 8
9090 (a) The attorney general shall enforce the provisions of this chapter. The attorney general 9
9191 may also seek injunctive relief to prevent further violations of this chapter. 10
9292 (b) Within six (6) months of the effective date of this chapter, the attorney general shall 11
9393 promulgate rules and regulations for the implementation and enforcement of this chapter. 12
9494 (3) Any municipality may, by ordinance, enforce the provisions of § 6-61-5. 13
9595 (4) Notwithstanding any other provision of law, there shall be a rebuttable presumption 14
9696 that a fur product contains fur that was sourced from an animal raised, maintained, kept, or housed 15
9797 for all or part of its life on a fur farm. 16
9898 6-61-7 Severability. 17
9999 If any provision of this chapter or the application thereof to any person or circumstances is 18
100100 held invalid, such invalidity shall not affect any other provision or application which can be given 19
101101 effect without the invalid provision or application, and to this end the provisions of this chapter are 20
102102 declared to be severable. 21
103103 SECTION 3. This act shall take effect three (3) years after passage. 22
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110110 EXPLANATION
111111 BY THE LEGISLATIVE COUNCIL
112112 OF
113113 A N A C T
114114 RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS --
115115 TRADE IN FARMED ANIMAL FUR PRODUCTS
116116 ***
117117 This act would prohibit a person to sell, offer for sale, display for sale or otherwise 1
118118 distribute a farmed animal fur product within the state and would provide graduated civil penalties 2
119119 for violations. 3
120120 This act would take effect three (3) years after passage. 4
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