2023 -- H 5559 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     Introduced By: Representatives Serpa, and Edwards

     Date Introduced: February 15, 2023

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-1-1 and 4-1-3 of the General Laws in Chapter 4-1 entitled "Cruelty

to Animals" are hereby amended to read as follows:

     4-1-1. Definitions — Responsibility for agents and employees.

     (a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8:

     (5)(1) Except for livestock as defined in § 4-26-3(6), “adequate Adequate living

conditions” shall mean a sanitary environment that is dry and free of accumulated feces and free of

debris and garbage that may clutter the environment, pose a danger, or entangle the animal. The

environment in which the animal is kept must be consistent with federal regulatory requirements,

where applicable, or generally recognized professional standards, where applicable, or otherwise

be of sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement,

and suitable to maintain the animal in a good state of health. “Adequate living conditions” for

livestock as defined in § 4-26-3(6) shall mean best management practices established, no later than

July 1, 2014, by the Rhode Island livestock welfare and care standards advisory council.

     (1)(2) “Animal” and “animals” means every living creature except a human being.

     (3) "Cosmetic" means any:

     (i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or

otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting

attractiveness, or altering the appearance; and

     (ii) Articles intended for use as a component of any such articles, except that such term

shall not include soap.

     (4) "Cosmetic animal testing" means the internal or external application or exposure of any

cosmetic product, or any cosmetic ingredient or non-functional constituent, to the skin, eyes, or

other body part (organ or extremity) of a live non-human vertebrate for the purpose of evaluating

the safety or efficacy of a cosmetic product or a cosmetic ingredient or non-functional constituent

for the use in a cosmetic product.

     (5) "Cosmetic ingredient" means any single chemical entity or mixture used as a

component in the manufacture of a cosmetic product, as defined as of the effective date of this

section, in Section 700.3(e) of Title 21 of the Code of Federal Regulations.

     (6) "Cosmetic product" means a finished cosmetic the manufacture of which has been

completed.

     (4)(7) “Guardian” shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses, has title to or an interest in, harbors, or has control, custody, or possession of an animal

and who is responsible for an animal’s safety and well-being.

     (6)(8) Except for livestock as defined in § 4-26-3, “hazardous Hazardous accumulation of

animals” means the accumulation of a large number of animals, to a point where the owner,

possessor, or person having the charge of custody of the aforementioned animals fails to or is unable

to provide “adequate living conditions” as defined herein, resulting in harm or danger to the health

and wellbeing of the animals.

     (2)(9) “Licensed graduate veterinarian” or “veterinarian” means a person licensed to

engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate

of an accredited veterinary medical, surgical, and dental school or college of a standard recognized

by the Rhode Island Veterinary Medical Association.

     (10) "Manufacturer" means any person whose name appears on the label of a cosmetic

product pursuant to the requirements of 21 C.F.R. 701.12.

     (11) "Non-functional constituent" means any incidental ingredient as defined, as of the

effective date of this section, in Section 701.3(1) of Title 21 of the Code of Federal Regulations.

     (3)(12) “Owner,” “person,” and “whoever” means corporations as well as individuals.

     (13) "Supplier" means any entity that supplies, directly or through a third party, any

ingredient used in the formulation of a cosmetic product

     (b) The knowledge and acts of agents of and persons employed by corporations in regard

to animals transported, owned or employed by or in the custody of that corporation are held to be

the acts and knowledge of that corporation.

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     4-1-3. Unnecessary cruelty.

     (a) Every owner, possessor, or person having the charge or custody of any animal, who

cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal, or who

carries that animal or who fails to provide that animal with adequate living conditions as defined

in § 4-1-1, or who engages in the hazardous accumulation of animals as defined in § 4-1-1, or

causes that animal, to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman manner;

or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or permits that

animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or who places, or

causes to have placed, on any animal any substance that may produce irritation or pain or that is

declared a hazardous substance by the U.S. Food and Drug Administration or by the state

department of health, shall be punished for each offense in the manner provided in § 4-1-2. If the

offense described in this section results in the death of the animal, the person shall be punished in

the manner provided in § 4-1-5. If any owner, possessor, or person having the charge or custody of

any animal is found guilty of or pleads nolo contendere to a violation of this section and said

violation involves the hazardous accumulation of animals, the court shall, in imposing a penalty

under this section, take into account whether the defendant’s conduct could be considered to be the

result of a mental health disorder as defined in § 27-38.2-2.

     (b) The substances proscribed by subsection (a) do not include any drug having curative

and therapeutic effect for disease in animals and that is prepared and intended for veterinary use.

     (c) University, college, or hospital research facilities licensed and/or inspected by the U.S.

Department of Agriculture or the U.S. Public Health Service of the Department of Health and

Human Services shall be exempt from the provisions of subsection (a) provided that they are in

good standing with the federal agency responsible for licensing or assurance of the facility.

     (d)(l) No manufacturer shall sell or offer for sale in the state any cosmetic that was

developed or manufactured using cosmetic animal testing, if the testing was conducted or

contracted by the manufacturer or any supplier of the manufacturer on or after January 1, 2024.

     (2) The prohibitions of subsection (d)(l) of this section do not apply to cosmetics developed

or manufactured using cosmetic animal testing if:

     (i) Such testing is requested, conducted, or required by a federal or state regulatory

authority and:

     (A) There is no non-animal alternative method or strategy recognized by any federal

agency or the organization for economic cooperation and development for the relevant safety

endpoints for the cosmetic ingredient or non-functional constituent;

     (B) The cosmetic ingredient or non-functional constituent poses a risk of causing a specific

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human health problem that is substantiated and the need to conduct cosmetic animal testing is

justified and supported by a detailed research protocol proposed as the basis for the evaluation of

the cosmetic ingredient or non-functional constituent; and

     (C) The cosmetic ingredient or non-functional constituent is in wide use and, in the case of

a cosmetic ingredient, cannot be replaced by another ingredient capable of performing a similar

function;

     (ii) Such testing is conducted outside the United States and in order to comply with a

requirement of foreign regulatory authority; provided that, no evidence derived from such testing

is relied upon to substantiate the safety of the cosmetic in Rhode Island;

     (iii) Such testing is conducted on a product or ingredient subject to the requirements of

Subchapter V of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 351 et seq.; or

     (iv) Such testing is conducted for a cosmetic ingredient intended to be used in a product

that is not a cosmetic product and conducted pursuant to a requirement of a federal, state, or foreign

regulatory authority as long as no evidence derived from animal testing conducted after the

effective date of this subsection is relied upon to substantiate the safety of a cosmetic sold in the

state by a manufacturer, unless all of the following apply:

     (A) There is documented evidence of the non-cosmetic intent of the test;

     (B) There is a history of use of the ingredient outside of cosmetics at least one year prior

to the manufacturer's reliance on such data; and

     (C) The manufacturer has determined the need to rely on such data because there is no non-

animal alternative method or strategy recognized by any federal agency, the Interagency

Coordinating Committee on the Validation of Alternative Methods, or the Organization or

Economic Co-operation and Development for the relevant safety endpoints for such ingredient or

non-functional constituent.

     (3) The provisions of subsection (d) of this section shall not apply to:

     (i) A cosmetic product if the cosmetic in its final form was tested on animals before January

1, 2024, even if the cosmetic is manufactured on or after that date; provided that, no new animal

testing in violation of subsection (d) of this section occurs after January 1, 2024 by or on behalf of

the manufacturer;

     (ii) An ingredient in a cosmetic if the cosmetic ingredient was tested on animals before

January 1, 2024, even if the ingredient is manufactured on or after that date; provided that, no new

animal testing in violation of subsection (d) of this section occurs after January 1, 2024 by or on

behalf of the manufacturer; or

     (iii) A manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal

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test.

     (4) No political subdivision of the state may establish or continue any prohibition on or

relating to cosmetic animal testing, as defined in this subsection, that is not identical to the

prohibitions set forth in this subsection.

     (5) Any person or manufacturer that violates subsection (d)(l) of this section shall be

subject to a penalty of up to one thousand dollars ($1,000) for each offense. If the violation is of a

continuing nature, each day during which it continues constitutes an additional, separate, and

distinct offense.

     (e) The Rhode Island department of environmental management ("DEM") is hereby

granted the authority to promulgate rules and regulations to enforce the provisions of subsection

(d)(l) of this section.

     (f) DEM shall only investigate those manufacturers selling cosmetics subjected to cosmetic

animal testing in violation of the law upon receipt of a written complaint. The form of such

complaint shall be provided for by DEM at the time the rules and regulations are promulgated.

     (g) If upon investigation DEM determines there has been a violation of this chapter as to

cosmetic animal testing, DEM shall refer the matter to the attorney general; provided, however,

that DEM shall contact the manufacturer of the suspect product and ask for proof that they do not

use animal testing on the product before making a referral to the attorney general pursuant to this

section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

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     This act would prohibit the sale or offer for sale in this state of any cosmetic that was

developed or manufactured using cosmetic testing on animals, if the testing was conducted or

contracted by the manufacturer or any supplier on or after July 1, 2024.

     This act would take effect upon passage.

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