2012 -- H 8173

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LC02631

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - LIVESTOCK - WELFARE OF

LIVESTOCK

     Introduced By: Representatives Chippendale, Handy, Marcello, Walsh, and Ruggiero

     Date Introduced: May 17, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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HUSBANDRY" is hereby amended by adding thereto the following chapter:

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     CHAPTER 26

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THE RHODE ISLAND LIVESTOCK WELFARE AND CARE STANDARDS ADVISORY

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COUNCIL ACT OF 2012

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     4-26-1. Short title. – This chapter shall be known and may be cited as the “Rhode Island

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Livestock Welfare and Care Standards Advisory Council Act of 2012.”

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     4-26-2. Findings. – The general assembly hereby finds that:

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     (1) Livestock is the core of dairy and livestock farming in Rhode Island.

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     (2) The care and management of livestock are important to the profitability of Rhode

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Island farms and the maintenance of Rhode Island’s working landscape.

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     (3) There exists in this state a demand for safe, locally produced food.

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     (4) Livestock raised on Rhode Island farms offers profit potential and economic

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opportunity for Rhode Island producers.

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     (5) Livestock deserve a safe, healthy and humane environment that ensures protection

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from unnecessary or unjustifiable pain.

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     (6) The state would benefit from a diverse body charged with making policy

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recommendations to the department regarding livestock care.

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     (7) It is the intent of this legislation to assure the continued success of livestock and dairy

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farming in Rhode Island and the continuance of a safe, local food supply.

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     4-26-3. Definitions. – As used in this chapter, unless the context indicates a different

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meaning or intent:

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     (1) “Advisory council” or “council” means the Rhode Island livestock welfare and care

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standards advisory council act of 2012 established pursuant to 4-26-4.

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     (2) “Agricultural operation” means any individual, partnership or corporation that

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complies with section 44-27-3 and subsection 2-1-22(j) and produces and distributes a

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commercial food, feed, fiber or horticultural product.

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     (3) “Biosecurity” means security from transmission of infectious diseases, parasites and

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pests.

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     (4) “Director” means the director of the Rhode Island department of environmental

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management.

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     (5) “State veterinarian’ means a licensed veterinarian employed by the department of

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environmental management.

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     (6) “License” means the certificate issued by the director to any person, firm, partnership,

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or corporation regularly engaged in the business of buying, selling and/or transporting livestock

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to be sold or used for food.

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     (7) “Livestock” means any bovine, equine, caprine, ovine, camelid, swine, poultry, or

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other animal that is raised for production of food or fiber, or is used for work, commerce, or

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exhibition.

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     4-26-4. Advisory council established. – (a) There is established a livestock care

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standards advisory council consisting of the state veterinarian, or his or her designee, who shall

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serve as the chairperson and six (6) public members appointed by the director as follows:

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     (1) A representative from the Rhode Island farm bureau, or his or her designee, who shall

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serve as secretary;

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     (2) A representative from the Rhode Island society for the prevention of cruelty to

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animals, or his or her designee;

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     (3) A Rhode island based livestock farmer, or his or her designee;

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     (4) A representative from the University of Rhode Island department of environment and

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life sciences, or his or her designee;

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     (5) A representative from a Rhode Island nonprofit animal welfare entity, or his or her

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designee; and

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     (6) A representative from a national nonprofit animal welfare entity.

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     (b) Two (2) of those new members first appointed by the director shall serve initial terms

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of three (3) years; two (2) of those new members first appointed by the director shall serve an

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initial term of two (2) years; and two (2) of those new members, appointed by the director shall

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serve an initial term of one year. Thereafter, all appointed members of the advisory council shall

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be appointed to serve for terms of three (3) years. The members are eligible to succeed

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themselves. A vacancy other than by expiration shall be filled in the manner of the original

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appointment but only for the unexpired portion of the term.

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     (c) The director may remove any member from the council for neglect of any duty

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required by law, or for incompetence, or unprofessional or dishonorable conduct.

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     (d) The members of the council shall receive no compensation for their services but may

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receive reimbursement for travel and other necessary expenses while engaged in the performance

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of official duties of the council.

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     (e) The council shall meet at least quarterly and at the call of the chairperson or four (4)

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members of the council. A majority of seats filled shall constitute a quorum.

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     (f) The council shall receive staff and administrative support from the department. The

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director shall furnish the advisory board a suitable location to hold its meeting.

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     (g) All departments and agencies of the state shall furnish such advice and information,

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documentation, and otherwise to the council and its agents as is deemed necessary or desirable by

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the council to facilitate the purposes of this chapter.

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     4-26-5. Duties of the council. – The council shall support and work collaboratively with

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the department as follows:

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     (1) Review and evaluate laws and rules of the state applicable to the care and handling of

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livestock as defined in subsection 4-26-3(c’) including, but not limited to:

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     (i) The overall health and welfare of livestock species;

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     (ii) Agricultural operation best management practices;

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     (iii) Biosecurity and disease prevention;

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     (iv) Humane transport and slaughter practices; and

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     (v) Any other matters the council considers necessary for the proper care and well being

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of livestock animals in the state.

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     (2) Respond to requests from the legislature for information and comments on proposed

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legislation;

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     (3) Issue recommendations necessary to achieve these goals;

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     (4) Submit policy recommendations to the director and general assembly on any of the

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subject matter set forth under subdivision (ii) of this subsection.

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     4-26-6. Reporting requirements._– (a) The council shall provide a report of its

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recommendations and findings. Said report shall be provided to the department, governor and

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general assembly by April 30, 2013.

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     (b) Thereafter, the council shall provide a written report to the governor and the general

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assembly, no later than April 30 of each year, on the progress made in achieving the goals and

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objectives set forth in this chapter and any other pertinent information by April 30, 2013.

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     (c) The council shall be subject to the provisions of chapter 38-2, access to public records

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act, and chapter 42-46, open meetings act.

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     SECTION 2. This act shall take effect upon passage.

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LC02631

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - LIVESTOCK - WELFARE OF

LIVESTOCK

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     This act would create the Rhode Island Livestock Welfare and Care Standards Advisory

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Council Act of 2012 whose purpose would be to serve as an advisory body to the director of

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DEM and general assembly in making recommendations related to the overall health and welfare

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of livestock species.

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     This act would take effect upon passage.

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LC02631

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