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2012 -- S 2191 | |
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LC00826 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT | |
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OF A COVERED ANIMAL | |
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Introduced By: Senators Ruggerio, Perry, Miller, and Tassoni | |
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Date Introduced: January 24, 2012 | |
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Referred To: Senate Environment & Agriculture | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL |
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HUSBANDRY" is hereby amended by adding thereto the following chapter: |
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CHAPTER 1.1 |
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UNLAWFUL CONFINEMENT OF A COVERED ANIMAL |
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4-1.1-1. Definitions. – For the purposes of this chapter: |
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(1) “Calf raised for veal” means a calf of the bovine species kept for the purpose of |
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producing the food product referred to as veal. |
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(2) “Covered animal” means a sow during gestation or calf raised for veal that is kept on |
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a farm. |
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(3) “Crate” means any cage, crate, or other device (including what is commonly |
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described as a “gestation crate” for sows or a “veal crate” for calves) used to confine a covered |
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animal. |
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(4) “Farm” means the land, building, support facilities, and other equipment that are |
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wholly or partially used for the commercial production of animals or animal products used for |
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food or fiber; and does not include live animal markets. |
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(5) “Farm owner or operator” means any person who owns or controls the operation of a |
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farm, and does not include any non-management employee, contractor, or consultant. |
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(6) “Fully extending the animal’s limbs” means fully extending all limbs without |
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touching the side of an enclosure. |
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(7) “Person” means any individual, firm, partnership, joint venture, association, limited |
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liability company, corporation, estate, trust, receiver, or syndicate. |
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(8) “Sow during gestation” means a pregnant pig of the porcine species kept for the |
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purpose of breeding. |
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(9) “Turning around freely” means turning in a complete circle without any impediment |
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including a tether, and without touching the side of a crate. |
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4-1.1-2. Purpose. – The purpose of this chapter, subject to exceptions set forth in section |
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4-1.1-4, is to prohibit the confinement of calves raised for veal and sows during gestation in a |
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manner that prevents them from turning around freely, lying down, standing up, or fully |
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extending their limbs |
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4-1.1-3. Unlawful confinement. -- Notwithstanding any other provision of law, a person |
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is guilty of unlawful confinement of a covered animal if the person is a farm owner or operator |
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who knowingly tethers or confines any covered animal in a manner that prevents such animal |
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from turning around freely, lying down, standing up, or fully extending the animal’s limbs. |
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4-1.1-4. Exceptions. -- This section shall not apply: |
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(1) During medical research. |
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(2) During examination, testing, individual treatment or operation for veterinary |
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purposes. |
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(3) During transportation. |
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(4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar |
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exhibitions or educational programs. |
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(5) During temporary confinement for animal husbandry purposes for no more than six |
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(6) hours in any twenty-four (24) hour period. |
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(6) During the humane slaughter of a covered animal in accordance with the provisions of |
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chapter 4-17, and other applicable laws and regulations. |
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(7) To a sow during the seven (7) day period prior to the sows expected date of giving |
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birth. |
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4-1.1-5. Penalty. -- (a) The provisions of this chapter are in addition to, and not in lieu of, |
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any other laws protecting animal welfare. This chapter may not be construed to limit any other |
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state laws or rules protecting the welfare of animals or to prevent a local governing body from |
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adopting and enforcing its own animal welfare laws and regulations. |
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(b) It is not an affirmative defense to alleged violations of this chapter that the calf or sow |
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was kept as part of an agricultural operation and in accordance with customary animal husbandry |
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or farming practices. |
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(c) Any person who violates the provisions of this chapter or any rules or regulations |
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promulgated hereunder shall be imprisoned not exceeding six (6) months, or be fined not less |
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than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. |
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4-1.1-6. Severability. – If any provision of this chapter or the application thereof to any |
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person or circumstances, is held invalid or unconstitutional, that invalidity or unconstitutionality |
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shall not affect other provisions or applications of this chapter that can be given effect without the |
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invalid or unconstitutional provision or application, and to this end the provisions of this chapter |
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are declared to be severable. |
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SECTION 2. This act shall take effect one year after its passage. |
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LC00826 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT | |
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OF A COVERED ANIMAL | |
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*** | |
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This act would prohibit the unlawful confinement of calves raised for veal or sows during |
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gestation. |
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This act would take effect one year after its passage. |
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LC00826 | |
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