2023 -- H 5879

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LC002137

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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 ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     

     Introduced By: Representatives Lima, Serpa, and P. Morgan

     Date Introduced: March 01, 2023

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-1-1 and 4-1-3 of the General Laws in Chapter 4-1 entitled "Cruelty

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to Animals" are hereby amended to read as follows:

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     4-1-1. Definitions — Responsibility for agents and employees.

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     (a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8:

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     (1) “Animal” and “animals” means every living creature except a human being.

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     (2) "Cosmetic" means any:

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     (i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or

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otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting

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attractiveness, or altering the appearance; and

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     (ii) Articles intended for use as a component of any such articles; except that such term

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shall not include soap.

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     (3) "Cosmetic animal testing" means the internal or external application or exposure of any

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cosmetic product, or any cosmetic ingredient or non-functional constituent, to the skin, eyes, or

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other body part (organ or extremity) of a live non-human vertebrate for the purpose of evaluating

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the safety or efficacy of a cosmetic product or a cosmetic ingredient or non-functional constituent

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for the use in a cosmetic product.

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     (4) "Cosmetic product" means a finished cosmetic the manufacture of which has been

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completed.

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     (2)(5) “Licensed graduate veterinarian” or “veterinarian” means a person licensed to

 

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engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate

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of an accredited veterinary medical, surgical, and dental school or college of a standard recognized

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by the Rhode Island Veterinary Medical Association.

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     (3)(6) “Owner,” “person,” and “whoever” means corporations as well as individuals.

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     (4)(7) “Guardian” shall mean a person(s) having the same rights and responsibilities of an

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owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

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possesses, has title to or an interest in, harbors, or has control, custody, or possession of an animal

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and who is responsible for an animal’s safety and well-being.

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     (8) "Cosmetic ingredient" means any single chemical entity or mixture used as a

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component of a cosmetic product as defined by 21 C.F.R. 700.3(e).

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     (9) "Manufacturer" means any entity whose name appears on the label of a cosmetic

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product pursuant to the requirements of 21 C.F.R. 701.12.

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     (10) "Non-functional constituent" means any incidental ingredient as defined by 21 C.F.R.

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701.3(l).

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     (11) "Supplier" means any entity that supplies, directly or through a third party, any

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ingredient used in the formulation of a cosmetic product.

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     (5)(12) Except for livestock as defined in § 4-26-3(6), “adequate living conditions” shall

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mean a sanitary environment that is dry and free of accumulated feces and free of debris and

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garbage that may clutter the environment, pose a danger, or entangle the animal. The environment

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in which the animal is kept must be consistent with federal regulatory requirements, where

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applicable, or generally recognized professional standards, where applicable, or otherwise be of

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sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement, and

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suitable to maintain the animal in a good state of health. “Adequate living conditions” for livestock

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as defined in § 4-26-3(6) shall mean best management practices established, no later than July 1,

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2014, by the Rhode Island livestock welfare and care standards advisory council.

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     (6)(13) Except for livestock as defined in § 4-26-3, “hazardous accumulation of animals”

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means the accumulation of a large number of animals, to a point where the owner, possessor, or

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person having the charge of custody of the aforementioned animals fails to or is unable to provide

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“adequate living conditions” as defined herein, resulting in harm or danger to the health and

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wellbeing of the animals.

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     (b) The knowledge and acts of agents of and persons employed by corporations in regard

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to animals transported, owned or employed by or in the custody of that corporation are held to be

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the acts and knowledge of that corporation.

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     4-1-3. Unnecessary cruelty.

 

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     (a) Every owner, possessor, or person having the charge or custody of any animal, who

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cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal, or who

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carries that animal or who fails to provide that animal with adequate living conditions as defined

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in § 4-1-1, or who engages in the hazardous accumulation of animals as defined in § 4-1-1, or

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causes that animal, to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman manner;

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or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or permits that

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animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or who places, or

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causes to have placed, on any animal any substance that may produce irritation or pain or that is

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declared a hazardous substance by the U.S. Food and Drug Administration or by the state

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department of health, shall be punished for each offense in the manner provided in § 4-1-2. If the

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offense described in this section results in the death of the animal, the person shall be punished in

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the manner provided in § 4-1-5. If any owner, possessor, or person having the charge or custody of

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any animal is found guilty of or pleads nolo contendere to a violation of this section and said

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violation involves the hazardous accumulation of animals, the court shall, in imposing a penalty

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under this section, take into account whether the defendant’s conduct could be considered to be the

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result of a mental health disorder as defined in § 27-38.2-2.

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     (b) The substances proscribed by subsection (a) do not include any drug having curative

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and therapeutic effect for disease in animals and that is prepared and intended for veterinary use.

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     (c) University, college, or hospital research facilities licensed and/or inspected by the U.S.

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Department of Agriculture or the U.S. Public Health Service of the Department of Health and

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Human Services shall be exempt from the provisions of subsection (a) provided that they are in

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good standing with the federal agency responsible for licensing or assurance of the facility.

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     (d)(1) No manufacturer shall sell or offer for sale in the state any cosmetic that was

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developed or manufactured using cosmetic animal testing, if the testing was conducted or

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contracted by the manufacturer or any supplier of the manufacturer on or after January 1, 2024.

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     (2) The prohibitions of subsection (d)(1) of this section do not apply to cosmetics

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developed or manufactured using cosmetic animal testing if:

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     (i) Such testing is requested, conducted, or required by a federal or state regulatory

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authority and:

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     (A) There is no non-animal alternative method or strategy recognized by any federal

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agency or the organization for economic cooperation and development for the relevant safety

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endpoints for the cosmetic ingredient or non-functional constituent;

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     (B) The cosmetic ingredient or non-functional constituent poses a risk of causing a specific

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human health problem that is substantiated and the need to conduct cosmetic animal testing is

 

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justified and supported by a detailed research protocol proposed as the basis for the evaluation of

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the cosmetic ingredient, or non-functional constituent; and

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     (C) The cosmetic ingredient or non-functional constituent is in wide use and, in the case of

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a cosmetic ingredient, cannot be replaced by another ingredient capable of performing a similar

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function;

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     (ii) Such testing is conducted outside the United States to comply with a requirement of a

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foreign regulatory authority; provided that, no evidence derived from such testing is relied upon to

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substantiate the safety of the cosmetic in Rhode Island;

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     (iii) Such testing is conducted on a product or ingredient subject to the requirements of

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subchapter V of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 351 et seq.; or

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     (iv) Such testing is conducted for a cosmetic ingredient intended to be used in a product

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that is not a cosmetic product and conducted pursuant to a requirement of a federal, state, or foreign

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regulatory authority as long as no evidence derived from animal testing conducted after the

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effective date of this subsection is relied upon to substantiate the safety of a cosmetic sold in the

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state by a manufacturer, unless all of the following apply:

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     (A) There is no non-animal alternative method or strategy recognized by any federal or

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state agency or the Organization for Economic Cooperation and Development for the relevant

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safety endpoints for such ingredient;

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     (B) There is documented evidence of the non-cosmetic intent of the test; and

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     (C) There is a history of use of the ingredient outside of cosmetics at least one year prior

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to the manufacturer's reliance on such data.

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     (3) The provisions of subsection (d) of this section shall not apply to:

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     (i) A cosmetic product if the cosmetic in its final form was tested on animals before January

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1, 2024 even if the cosmetic is manufactured on or after that date; provided that, no new animal

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testing in violation subsection (d) of this section occurs after January 1, 2024;

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     (ii) An ingredient in a cosmetic if the cosmetic ingredient was tested on animals before

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January 1, 2024 even if the ingredient is manufactured on or after that date; provided that, no new

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animal testing in violation of subsection (d) of this section occurs after January 1, 2024; or

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     (iii) A manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal

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test.

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     (4) No political subdivision of the state may establish or continue any prohibition on or

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relating to cosmetic animal testing, as defined in this section, that is not identical to the prohibitions

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set forth in this section.

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     (5) Any person or manufacturer that violates subsection (d)(1) of this section shall be

 

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subject to a penalty of up to one thousand dollars ($1,000) for each offense. If the violation is of a

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continuing nature, each day during which it continues constitutes an additional, separate, and

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distinct offense.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

***

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     This act would ban a person or manufacturer from selling or offering for sale in this state

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any cosmetic that was developed or manufactured using animal testing, if the test was conducted

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or contracted by the manufacturer or any supplier of the manufacturer on or after January 1, 2024.

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A violation of this act would result in a one thousand dollar ($1,000) fine for each offense.

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     This act would take effect upon passage.

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