2023 -- H 5258

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LC000655

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR PRODUCTS ACT

     

     Introduced By: Representatives Kazarian, Serpa, Potter, and Stewart

     Date Introduced: January 27, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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CHAPTER 71

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TRADE IN ANIMAL FUR PRODUCTS ACT

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     11-71-1. Purpose..

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     The general assembly finds and declares that:

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     (1) Animals that are slaughtered for their fur endure tremendous suffering. Animals raised

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on fur farms typically spend their entire lives in cramped and filthy cages. Fur farmers typically

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use the cheapest killing methods available, including suffocation, electrocution, gas and poison.

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     (2) Fur farms are reservoirs and transmission vectors for dangerous zoonotic diseases,

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including SARS coronaviruses that threaten public health. COVID-19 infections have been

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confirmed at fur farms in Europe and North America, and scientific studies have linked mink,

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raccoon dogs and foxes, the animals most commonly farmed for their fur, to a variety of corona

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viruses.

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     (3) The fur production process is energy intensive and has a significant environmental

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impact, including air and water pollution. Runoff from the fur production process contains high

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concentrations of phosphorous and nitrogen, which are the most common forms of water pollution

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in the United States, including in Rhode Island. In addition, the tanning and dying processes used

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in fur production use toxic chemicals and heavy metals like chromium and formaldehyde.

 

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     (4) Considering the wide array of alternatives for fashion and apparel, the general assembly

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finds that the demand for fur products does not justify the unnecessary killing and cruel treatment

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of animals, harm to the environment, and the public health risks to the people of Rhode Island

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caused by these practices.

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     (5) The general assembly believes that eliminating the sale of fur products in the State of

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Rhode Island will decrease the demand for these cruel and environmentally harmful products and

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will promote community awareness of animal welfare and, in turn, will foster a more humane

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environment in Rhode Island and enhance the reputation of the state.

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     11-71-2. Definitions.

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

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

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thereto, either in its raw or processed state.

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

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

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scarves, shawls, gloves, jewelry, key chains, toys or trinkets and home accessories and decor that

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is made in whole or in part of fur.

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

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

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

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     (B) Cowhide with the hair attached;

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

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

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of taxidermy.

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     (3) "Nonprofit organization" means any corporation that is organized under section

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50l(c)(3) of title 26 of the United States Code that is created for charitable, religious, philanthropic,

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educational, or similar purposes.

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     (4) "Taxidermy" means the practice of preparing and preserving the skin of an animal that

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is deceased and stuffing and mounting it in lifelike form.

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     (5) "Ultimate consumer" means a person who buys for their own use, or for the use of

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another but not for resale or trade.

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     (6) "Used fur product" means a fur product that has been worn or used by an ultimate

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consumer.

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     11-71-3. Prohibition.

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

 

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

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     11-71-4. Exemptions.

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     The prohibition set forth in ยง 11-71-3, shall not apply to the sale, offer for sale, displaying

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for sale, trade, or distribution of:

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     (1) A used product by an individual, excluding a retail transaction, nonprofit organization

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or second hand store, including a pawn shop;

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

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

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     11-71-5. Penalty.

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

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penalties:

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

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

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penalty of up to seven hundred fifty dollars ($750);

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     (3) For a third violation that occurred within one year of a second violation, a civil penalty

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of up to one thousand dollars ($1,000).

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

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violation in a civil action brought pursuant to this chapter.

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     11-71-6. Severability.

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

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held invalid, such invalidity shall not affect any other provision or application which can be given

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

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declared to be severable.

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     SECTION 2. This act shall take effect four (4) 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 PRODUCTS ACT

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

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and would make violations punishable by a civil fine.

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     This act would take effect four (4) years after passage.

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