Chapter 348 |
2018 -- H 7456 SUBSTITUTE A Enacted 07/10/2018 |
A N A C T |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT OF A COVERED ANIMAL |
Introduced By: Representatives Serpa, Shanley, Solomon, McKiernan, and O'Brien |
Date Introduced: February 07, 2018 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 4-1.1-1, 4-1.1-2, 4-1.1-3, 4-1.1-4 and 4-1.1-5 of the General Laws |
in Chapter 4-1.1 entitled "Unlawful Confinement of a Covered Animal" are hereby amended to |
read as follows: |
4-1.1-1. Definitions. |
For the purposes of this chapter: |
(1) "Calf raised for veal" means a calf of the bovine species kept for the purpose of |
producing the food product referred to as veal. |
(2) "Crate" means a "gestation crate" for sows or a "veal crate" for calves. |
"Covered animal" means any sow during gestation, calf raised for veal, or egg-laying hen |
that is kept on a farm. |
(3) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or |
guinea fowl kept for the purpose of egg production. |
(4) "Enclosure" means any cage, crate, or other structure used to confine a covered |
animal or animals. Enclosure includes what is commonly described as a "gestation crate" or |
"stall" for sows during gestation, a "veal crate" for calves raised for veal, and a "battery cage, |
enriched cage, or colony cage" for egg-laying hens. |
(3)(5) "Farm" means the land, building, support facilities, and other equipment that are |
wholly or partially used for the commercial production of animals or animal products used for |
food or fiber; and does not include live animal markets. |
(4)(6) "Farm owner or operator" means any person who owns or controls the operation of |
a farm, and does not include any non-management employee, contractor, or consultant. |
(5)(7) "Fully extending the animal's limbs" means fully extending all limbs without |
touching the side of an enclosure. In the case of egg-laying hens, "fully extending the animal's |
limbs" means fully spreading both wings without touching the side of an enclosure or other egg- |
laying hens and having access to the amount of usable floor space per hen that complies with the |
2016 Edition of the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying |
Flocks "Guidelines for Cage-Free Egg Production." |
(6)(8) "Person" means any individual, firm, partnership, joint venture, association, |
limited-liability company, corporation, estate, trust, receiver, or syndicate. |
(7)(9) "Sow during gestation" means a pregnant pig of the porcine species kept for the |
purpose of breeding. |
(8)(10) "Turning around freely" means turning in a complete circle without any |
impediment, including a tether, and without touching the side of a crate. |
4-1.1-2. Purpose. |
The purpose of this chapter, subject to exceptions set forth in § 4-1.1-4, is to prohibit the |
confinement of calves raised for veal and sows during gestation a covered animal in a manner that |
prevents the animal from turning around freely, lying down, standing up, or fully extending the |
animal's limbs. |
4-1.1-3. Unlawful confinement. |
Notwithstanding any other provision of law, a person is guilty of unlawful confinement |
of a sow or calf covered animal if the person is a farm owner or operator who knowingly tethers |
or confines any sow or calf covered animal in a manner that prevents such the animal from |
turning around freely, lying down, standing up, or fully extending the animal's limbs. |
4-1.1-4. Exceptions. |
This section chapter shall not apply: |
(1) During medical research.; |
(2) Temporary confinement prior to and during examination, testing, individual treatment |
or operation for veterinary purposes.; |
(3) During transportation.; |
(4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar |
exhibitions or educational programs.; |
(5) During temporary confinement for animal husbandry purposes for no more than six |
(6) hours in any twenty-four-(24) hour (24) period, unless ordered by a licensed veterinarian.; |
(6) During the humane slaughter of a sow or pig covered animal in accordance with the |
provisions of chapter 4-17 chapter 17 of this title, and other applicable laws and regulations.; |
(7) To a sow during the fourteen (14) five-(5) day (5) period prior to the sows sow’s |
expected date of giving birth and extending for a duration of time until the piglets are weaned any |
day that the sow is nursing piglets.; This period may be modified upon the order of a licensed |
veterinarian. |
(8) To calves being trained to exhibit.; |
(9) To calves being trained to accept routine confinement in dairy and beef housing. |
4-1.1-5. Penalty. |
(a) The provisions of this chapter are in addition to, and not in lieu of, any other laws |
protecting animal welfare. This chapter may not be construed to limit any other state laws or rules |
protecting the welfare of animals or to prevent a local governing body from adopting and |
enforcing its own animal welfare laws and regulations. |
(b) It is not an affirmative defense to alleged violations of this chapter that the calf or sow |
covered animal was kept as part of an agricultural operation and in accordance with customary |
animal husbandry or farming practices. |
(c) Any person who violates the provisions of this chapter or any rules or regulations |
promulgated hereunder shall be fined not less than fifty dollars ($50.00) nor exceeding five |
hundred dollars ($500), or both. |
(d) This chapter shall be construed to supersede § 4-1-3(a) only with respect to the |
minimum space required for the housing of egg-laying hens. |
SECTION 2. This act shall take effect on July 1, 2026. |
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LC004488/SUB A/2 |
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