2023 -- S 0746

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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: Senators Lauria, Miller, Murray, and Ujifusa

     Date Introduced: March 22, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings

     The general assembly finds and declares that:

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

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

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

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

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

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

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

viruses.

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

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

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

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

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

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

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

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

caused by these practices.

     (5) The general assembly is of the belief that eliminating the sale of fur products in the

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

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

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

     SECTION 2. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 71

TRADE IN ANIMAL FUR PRODUCTS ACT

     11-71-1. 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.

     (2)(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 decor that

is made in whole or in part of 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;

     (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.

     (3) "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.

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

is deceased and stuffing and mounting it in lifelike form.

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

another but not for resale or trade.

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

consumer.

     11-71-2. Prohibition.

     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. For purposes

of this section, the sale of a fur product shall be deemed to occur in Rhode Island if:

     (1) The buyer takes physical possession of the fur product in Rhode Island; or

     (2) The seller is located in Rhode Island.

     11-71-3. Exemptions.

     The prohibition set forth in § 11-71-2, shall not apply to the sale, offer for sale, displaying

for sale, trade, or distribution of:

     (1) A used fur product;

     (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.

     11-71-4. Penalty.

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

penalties:

     (1) For a first violation which shall be a civil infraction, a penalty of up to five hundred

dollars ($500);

     (2) For a second violation which shall be a civil infraction that occurred within one year of

a previous civil infraction, a penalty of up to seven hundred fifty dollars ($750);

     (3) For a third violation which shall be a civil infraction that occurred within one year of a

second civil infraction, a penalty of up to one thousand dollars ($1,000); and

     (4) For a fourth violation which shall be a petty misdemeanor that occurred within one year

of a third civil infraction, a person shall be guilty of a misdemeanor punishable upon conviction by

a fine up to one thousand five hundred dollars ($1,500) or imprisonment for thirty (30) days or

both.

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

violation in any civil or criminal action brought pursuant to this chapter.

     (c) The attorney general shall enforce the provisions of this section.

     (d) Any municipality may, by ordinance, enforce the provisions of subsections (a)(1)

through (a)(3) of this section.

     11-71-5. Severability.

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

held invalid, such invalidity shall not affect any other provision or application 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.

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     SECTION 3. This act shall take effect three (3) years after the effective date of this chapter.

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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

in this chapter and would make three (3) violations of this chapter civil infractions punishable by a

civil penalty. The act would also make the fourth violation a misdemeanor or punishable by a fine

up to one thousand five hundred dollars ($500) or imprisonment for thirty (30) days or both.

     This act would take effect three (3) years after the effective date of this chapter.

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