2012 -- S 2191

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LC00826

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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 -- UNLAWFUL CONFINEMENT

OF A COVERED ANIMAL

     Introduced By: Senators Ruggerio, Perry, Miller, and Tassoni

     Date Introduced: January 24, 2012

     Referred To: Senate Environment & Agriculture

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 1.1

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UNLAWFUL CONFINEMENT OF A COVERED ANIMAL

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     4-1.1-1. Definitions. – For the purposes of this chapter:

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     (1) “Calf raised for veal” means a calf of the bovine species kept for the purpose of

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producing the food product referred to as veal.

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     (2) “Covered animal” means a sow during gestation or calf raised for veal that is kept on

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a farm.

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     (3) “Crate” means any cage, crate, or other device (including what is commonly

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described as a “gestation crate” for sows or a “veal crate” for calves) used to confine a covered

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animal.

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     (4) “Farm” means the land, building, support facilities, and other equipment that are

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wholly or partially used for the commercial production of animals or animal products used for

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food or fiber; and does not include live animal markets.

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     (5) “Farm owner or operator” means any person who owns or controls the operation of a

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farm, and does not include any non-management employee, contractor, or consultant.

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     (6) “Fully extending the animal’s limbs” means fully extending all limbs without

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touching the side of an enclosure.

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     (7) “Person” means any individual, firm, partnership, joint venture, association, limited

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liability company, corporation, estate, trust, receiver, or syndicate.

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     (8) “Sow during gestation” means a pregnant pig of the porcine species kept for the

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purpose of breeding.

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     (9) “Turning around freely” means turning in a complete circle without any impediment

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including a tether, and without touching the side of a crate.

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     4-1.1-2. Purpose. – The purpose of this chapter, subject to exceptions set forth in section

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4-1.1-4, is to prohibit the confinement of calves raised for veal and sows during gestation in a

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manner that prevents them from turning around freely, lying down, standing up, or fully

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extending their limbs

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     4-1.1-3. Unlawful confinement. -- Notwithstanding any other provision of law, a person

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is guilty of unlawful confinement of a covered animal if the person is a farm owner or operator

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who knowingly tethers or confines any covered animal in a manner that prevents such animal

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from turning around freely, lying down, standing up, or fully extending the animal’s limbs.

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     4-1.1-4. Exceptions. -- This section shall not apply:

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     (1) During medical research.

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     (2) During examination, testing, individual treatment or operation for veterinary

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purposes.

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     (3) During transportation.

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     (4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar

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exhibitions or educational programs.

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     (5) During temporary confinement for animal husbandry purposes for no more than six

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(6) hours in any twenty-four (24) hour period.

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     (6) During the humane slaughter of a covered animal in accordance with the provisions of

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chapter 4-17, and other applicable laws and regulations.

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     (7) To a sow during the seven (7) day period prior to the sows expected date of giving

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birth.

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     4-1.1-5. Penalty. -- (a) The provisions of this chapter are in addition to, and not in lieu of,

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any other laws protecting animal welfare. This chapter may not be construed to limit any other

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state laws or rules protecting the welfare of animals or to prevent a local governing body from

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adopting and enforcing its own animal welfare laws and regulations.

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     (b) It is not an affirmative defense to alleged violations of this chapter that the calf or sow

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was kept as part of an agricultural operation and in accordance with customary animal husbandry

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or farming practices.

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     (c) Any person who violates the provisions of this chapter or any rules or regulations

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promulgated hereunder shall be imprisoned not exceeding six (6) months, or be fined not less

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than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both.

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     4-1.1-6. Severability. – If any provision of this chapter or the application thereof to any

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person or circumstances, is held invalid or unconstitutional, that invalidity or unconstitutionality

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shall not affect other provisions or applications of this chapter that can be given effect without the

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invalid or unconstitutional provision or application, and to this end the provisions of this chapter

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are declared to be severable.

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     SECTION 2. This act shall take effect one year after its passage.

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LC00826

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT

OF A COVERED ANIMAL

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     This act would prohibit the unlawful confinement of calves raised for veal or sows during

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gestation.

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     This act would take effect one year after its passage.

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LC00826

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