Chapter 12-275

Chapter 275

2012 -- S 2191 SUBSTITUTE A AS AMENDED

Enacted 06/19/12

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT OF A COVERED ANIMAL

Introduced By: Senators Ruggerio, Perry, Miller, and Tassoni

Date Introduced: January 24, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

HUSBANDRY" is hereby amended by adding thereto the following chapter:

CHAPTER 1.1

UNLAWFUL CONFINEMENT OF A COVERED ANIMAL

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.

(3) “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) “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) “Fully extending the animal’s limbs” means fully extending all limbs without

touching the side of an enclosure.

(6) “Person” means any individual, firm, partnership, joint venture, association, limited

liability company, corporation, estate, trust, receiver, or syndicate.

(7) “Sow during gestation” means a pregnant pig of the porcine species kept for the

purpose of breeding.

(8) “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 section

4-1.1-4, is to prohibit the confinement of calves raised for veal and sows during gestation.

4-1.1-3. Unlawful confinement. -- Notwithstanding any other provision of law, a person

is guilty of unlawful confinement of a sow or calf if the person is a farm owner or operator who

knowingly tethers or confines any sow or calf in a manner that prevents such animal from turning

around freely, lying down, standing up, or fully extending the animal’s limbs.

4-1.1-4. Exceptions. -- This section 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 period unless ordered by a licensed veterinarian.

(6) During the humane slaughter of a sow or pig in accordance with the provisions of

chapter 4-17, and other applicable laws and regulations.

(7) To a sow during the fourteen (14) day period prior to the sows expected date of giving

birth and extending for a duration of time until the piglets are weaned. 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

was kept as part of an agricultural operation and in accordance with customary animal husbandry

or farming practices.

promulgated hereunder shall be fined not less than fifty dollars ($50.00) nor exceeding five

hundred dollars ($500), or both.

4-1.1-6. Severability. – If any provision of this chapter or the application thereof to any

person or circumstances, is held invalid or unconstitutional, that invalidity or unconstitutionality

shall not affect other provisions or applications of this chapter that can be given effect without the

invalid or unconstitutional provision or application, and to this end the provisions of this chapter

are declared to be severable.

SECTION 2. This act shall take effect one year after its passage.

=======

LC00826/SUB A

=======