2022 -- H 6663

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

     RELATING TO FOOD AND DRUGS -- FORCE-FED POULTRY PRODUCTS

     

     Introduced By: Representatives Potter, C Lima, Serpa, Kislak, and Baginski

     Date Introduced: January 06, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 16.1

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FORCE-FED POULTRY PRODUCTS

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     21-16.1-1. Legislative intent.

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     The general assembly hereby finds and declares that force-feeding birds with the intent of

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fattening or enlarging their livers is a cruel practice. The purpose and intent of this chapter is to

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prevent animal cruelty by prohibiting the production of force-fed poultry products in Rhode Island

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and to cleanse Rhode Island's markets of these products resulting from this cruelty.

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     21-16.1-2. Definitions.

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     For the purposes of this chapter, the following terms have the following meaning:

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     (1) "Force-fed poultry product" means any product that is the result of force-feeding a bird,

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including, but not limited to, a duck or a goose, with the intent to fatten or enlarge the bird's liver.

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     (2) "Force-feeding " means the practice of forcing, by any means, food or supplements into

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the throat, esophagus, crop or stomach of an animal.

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     21-16.1-3. Prohibited conduct.

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     (a) A person shall not engage in force-feeding to create a force-fed poultry product nor hire

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another to engage in force-feeding to create a force-fed poultry product.

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     (b) A person shall not sell in Rhode Island nor import into Rhode Island by any means,

 

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including, but not limited to, direct, telephone, electronic or internet sales, any force-fed poultry

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product or food containing a force-fed poultry product. For purposes of this chapter, there shall be

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a rebuttable presumption that an item that is in any way identified or labelled as "foie gras", or

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listed on a menu as "foie gras", is a force-fed poultry product. Any party seeking to rebut such

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presumption shall provide documentary evidence proving that the product they are storing, keeping,

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maintaining, offering for sale, or selling is not a force-fed poultry product as defined in this chapter.

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     21-16.1-4. Enforcement.

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     (a) Any person who is found to violate any provision of this chapter shall be subject to a

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civil penalty of five hundred dollars ($500) for each violation. Each such violation may be treated

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as a separate and distinct offense, and in the case of a continuing violation, each day's continuance

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thereof may be treated as a separate and distinct offense.

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     (b) Any person who violates any provision of this chapter may be prosecuted by the board

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of health or the health department of the city or town where the violation occurs, or by the state

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department of health, and such board or department after deducting the costs of trial and conviction,

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may retain the balance of the fine or fines recovered for the use of the board or department.

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     (c) A peace officer, officer of a humane society, or officer of an animal control or animal

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regulation department of a public agency, may issue a citation to a person who violates this chapter.

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     SECTION 2. This act shall take effect on January 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO FOOD AND DRUGS -- FORCE-FED POULTRY PRODUCTS

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     This act would prohibit the production, sale, or importation into Rhode Island of any force-

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fed poultry product or food containing a force-fed poultry product and would impose a civil penalty

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of five hundred dollars ($500) for each violation.

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     This act would take on January 1, 2023.

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