2023 -- S 0745

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LC002369

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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: Senators Ruggerio, Murray, Tikoian, and Euer

     Date Introduced: March 22, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

to Animals" are hereby amended to read as follows:

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

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

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

     (2) "Cosmetic" means any:

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

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

attractiveness, or altering the appearance; and

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

shall not include soap.

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

component in the manufacture of a cosmetic product, as defined as of the date of enactment of this

act in 21 C.F.R. 700.3(e).

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

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

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

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

for the use in a cosmetic product.

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

completed.

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

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

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

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

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

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

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

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

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

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

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

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

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

wellbeing of the animals.

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

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

the acts and knowledge of that corporation.

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

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

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

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

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

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

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

by the Rhode Island Veterinary Medical Association.

     (10) "Manufacturer" means any person whose name appears on the label of a cosmetic

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

     (11) "Non-functional constituent" means any incidental ingredient as defined, as of the date

of enactment of this act, in 21 C.F.R. 701.3(i).

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

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

ingredient used in the formulation of a cosmetic product.

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     4-1-3. Unnecessary cruelty.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

developed or manufactured using cosmetic animal testing if:

     (i) The testing is requested, conducted, or required by a federal or state regulatory authority;

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

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

endpoints for the cosmetic ingredient or non-functional constituent;

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

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

the cosmetic ingredient or non-functional constituent;

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

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

function;

     (ii) The testing is conducted outside the United States and in order to comply with a

requirement of a foreign regulatory authority; provided that, no evidence derived from the testing

is relied upon to substantiate the safety of the cosmetic in Rhode Island;

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

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

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

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

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

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

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

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

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

safety endpoints for such ingredient;

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

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

the manufacturer's reliance on such data.

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

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

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

testing in violation of subsection (d) of this section occurs after January 1, 2024 by or on behalf of

the manufacturer;

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

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

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

behalf of the manufacturer; or

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

test.

     (4) No municipality may establish or continue any prohibition on or relating to cosmetic

animal testing that is not identical to the provisions set forth in this section.

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

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

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

distinct offense.

     SECTION 2. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

amended by adding thereto the following section:

     4-1-3.3. Rules and regulations -- Complaints.

     (a) The Rhode Island department of environmental management ("DEM") shall promulgate

rules and regulations to implement the provisions of § 4-1-3.

     (b) DEM shall only investigate those manufacturers selling cosmetics subjected to cosmetic

animal testing in violation of the provisions of § 4-1-3 upon receipt of a written complaint. The

form of complaint shall be established by DEM at the time the rules and regulations are

promulgated.

     (c) If upon investigation, DEM determines there has been a violation of the provisions of

§ 4-1-3 as to cosmetic animal testing, DEM shall refer the matter to the attorney general; provided,

DEM shall contact the manufacturer of the suspect product and ask for proof that the manufacturer

does not use animal testing on the product before making a referral to the attorney general pursuant

to this section.

     SECTION 3. This act shall take effect upon passage.

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LC002369

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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 prohibit a manufacturer to sell or offer for sale in the state any cosmetic

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

contracted by the manufacturer on or after January 1, 2024. A fine of one thousand dollars ($1,000)

would be imposed for violations of this act.

     This act would take effect upon passage.

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