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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR ACT

     Introduced By: Representatives Serpa, O'Brien, Phillips, and S Lima

     Date Introduced: January 27, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 70

TRADE IN ANIMAL FUR PRODUCTS ACT

     11-70-1. Definitions.

     As used in this chapter, the following words and phrases shall have the following meanings:

     (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached

thereto, either in its raw or processed state.

     (i) “Fur product” means any article of clothing or covering for any part of the body, or any

fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves,

shawls, gloves, jewelry, key chains, toys or trinkets and home accessories and décor that is made

in whole or in part with fur:

     (ii) “Fur product” shall not mean any of the following:

     (A) Any animal skin or part thereof that is to be converted into leather, or which in

processing will have the hair, fleece, or fur fiber completely removed;

     (B) Cowhide with the hair attached thereto;

     (C) Lambskin or sheepskin with the fleece attached thereto; or

     (D) The pelt or skin of any animal that is preserved through taxidermy or for the purpose

of taxidermy.

     (2) “Nonprofit organization” means any corporation that is organized under section

501(c)(3) of title 26 of the United States Code that is created for charitable, religious, philanthropic,

educational, or similar purposes.

     (3) “Taxidermy” means the practice of preparing and preserving the skin of an animal that

is deceased and stuffing and mounting it in lifelike form.

     (4) “Ultimate consumer” means a person who buys for their own use, or for the use of

another but not for resale or trade.

     (5) “Used fur product” means a fur product that has been worn or used by an ultimate

consumer.

     11-70-2. Prohibition.

     It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for

monetary or non-monetary consideration a fur product in the state of Rhode Island.

     11-70-3. Exemptions.

     (a) The prohibitions set forth in § 11-70-3, shall not apply to the sale, offer for sale,

displaying for sale, trade, or distribution of:

     (1) A used product by a private party (excluding a retail transaction), nonprofit organization

or second hand store, including a pawn shop;

     (2) A fur product required for use in the practice of a religion; or

     (3) A fur product that is expressly authorized by federal or state law.

     (b) The prohibitions set forth in § 11-70-3, shall additionally not apply to the following:

     (1) A dog or cat fur product as governed by section 1308 of title 19 of the United States

Code, if the dog or cat fur product involves the importation, exportation, or transportation, for

noncommercial purposes, of a personal pet that is deceased, including a pet preserved through

taxidermy.

     11-70-4. Penalty.

     (a) Any person convicted of violating this chapter shall be subject to the following

penalties:

     (1) For the first violation, a civil penalty of up to five hundred dollars ($500);

     (2) For a violation that occurred within one year of a previous violation, a civil penalty of

up to seven hundred fifty dollars ($750); or

     (3) For a violation that occurred with in one year of a second or subsequent violation, a

civil penalty of up to one thousand dollars ($1000).

     (b) Each fur product that constitutes a violation of this chapter shall be treated as a separate

violation in a civil action brought pursuant to this chapter.

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     11-70-5. Severability.

     If any provisions of this chapter or the application thereof to any person or circumstances

is held invalid, such invalidity shall not affect any other provisions or applications which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are declared to be severable.

     SECTION 2. This act shall take effect five (5) years after passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR ACT

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     This act would prohibit the sale, offer of sale, trade or distribution of fur products as defined

and would make any violation punishable by a civil penalty of up to five hundred dollars ($500)

for the first violation with increased penalties for subsequent violations.

     This act would take effect five (5) years after passage.

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