2021 -- H 5188

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LC000780

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR ACT

     Introduced By: Representatives Serpa, O'Brien, Phillips, and S Lima

     Date Introduced: January 27, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 70

TRADE IN ANIMAL FUR PRODUCTS ACT

     11-70-1. Findings.

     The general assembly finds that animals that are slaughtered for their fur endure

tremendous suffering. Animals 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.

     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,

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

coronaviruses.

     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.

     The general assembly believes that eliminating the sale of fur products in the state of Rhode

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

environment in Rhode Island.

     11-70-2. 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) “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 décor that is made

in whole or in part with fur:

     (i) “Fur product” shall not mean any of the following:

     (A) A dog or cat fur product as defined in section 1098 of title 19 of the United States

Code;

     (B) 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;

     (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.

     11-70-3. Prohibition.

     It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for

monetary or non-monetary consideration a fur product in the state of Rhode Island.

     11-70-4. Exemptions.

     The prohibitions set forth in § 11-70-3, shall not apply to the following:

     (1) A used product by a private party, excluding a retail transaction, nonprofit organization

or second hand store, including a pawn shop;

     (2) A fur product required for use in the practice of a religion; or

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     (3) An activity involving a fur product that is expressly authorized by federal or state law.

     11-70-5. Penalty.

     Any person convicted of violating this chapter shall be fined no less than five hundred

dollars ($500) nor more than five thousand dollars ($5,000) per fur product and/or be imprisoned

for a period not exceeding one year or both.

     11-70-6. Severability.

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

is held invalid, such invalidity shall not affect any other provisions or applications 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.

     SECTION 2. This act shall take effect six (6) months after passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- TRADE IN ANIMAL FUR ACT

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     This act would prohibit the sale, offer of sale, trade or distribution of fur products as defined

and would make any violation punishable by a fine of five hundred dollars ($500) up to five

thousand dollars ($5,000) and up to one year in jail.

     This act would take effect six (6) months after passage.

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