2025 -- H 5447 SUBSTITUTE A | |
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LC000706/SUB A/3 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- | |
TRADE IN FARMED ANIMAL FUR PRODUCTS | |
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Introduced By: Representatives Serpa, Edwards, O'Brien, Baginski, Solomon, Kazarian, | |
Date Introduced: February 12, 2025 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL |
2 | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 61 |
4 | TRADE IN FARMED ANIMAL FUR PRODUCTS ACT |
5 | 6-61-1. Short title. |
6 | This chapter shall be known and may be cited as the "Trade In Farmed Animal Fur Products |
7 | Act". |
8 | 6-61-2. Definitions. |
9 | As used in this chapter, the following words and phrases shall have the following meanings: |
10 | (1) "Fur" means any animal skin or part thereof with hair, fleece, or fur fibers attached |
11 | thereto, either in its raw or processed state. |
12 | (2) "Fur farm" means any operation, including the land, buildings, support facilities, and |
13 | any other location or equipment, in which animals including, but not limited to, mink, fox, raccoon |
14 | dog or chinchilla are owned, controlled, raised, bred, propagated, or kept for the value of their fur. |
15 | (3)(i) "Fur product" means any article of clothing or covering for any part of the body, or |
16 | any fashion accessory including, but not limited to, handbags, shoes, slippers, hats, earmuffs, |
17 | scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that |
18 | is made, in whole or in part, of fur. |
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1 | (ii) "Fur product" does not include any of the following: |
2 | (A) An animal skin or part thereof that is to be converted into leather, or which in |
3 | processing will have the hair, fleece, or fur fiber completely removed; or |
4 | (B) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, |
5 | Camelidae, Equidae, Suidae, or Cervidae; |
6 | (4) "Person" means any individual, firm, partnership, joint venture, association, limited |
7 | liability company, corporation, estate, trust, receiver, or syndicate. |
8 | (5) "Ultimate consumer" means an individual who buys a fur product for their own use, or |
9 | for the use of another, but not for resale or trade. |
10 | (6) "Used fur product" means a fur product that has been worn or used by an ultimate |
11 | consumer. |
12 | 6-61-3. Prohibitions. |
13 | Notwithstanding any other provision of law, it is unlawful for any person to sell, offer for |
14 | sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration, a |
15 | fur product in the State of Rhode Island if any of the fur contained in the fur product was sourced |
16 | from an animal that was raised, maintained, kept, or housed for all or part of its life on a fur farm. |
17 | For purposes of this section, the sale of a fur product shall be deemed to occur in the State of Rhode |
18 | Island if: |
19 | (1) The buyer takes physical possession of the fur product in Rhode Island; or |
20 | (2) The seller is located in Rhode Island. |
21 | 6-61-4. Exemptions. |
22 | The prohibitions set forth in § 6-61-3 shall not apply to the sale, offer for sale, display for |
23 | sale, trade, or distribution of: |
24 | (1) A used fur product; |
25 | (2) Fishing lures and fur pieces or parts intended to make fishing lures; or |
26 | (3) A fur product where the activity is expressly authorized by federal law. |
27 | 6-61-5. Civil Penalty. |
28 | (a) A violation of this chapter shall be a civil infraction. Any person who violates this |
29 | chapter shall be subject to the following penalties: |
30 | (1) For a first violation, a civil penalty of up to five hundred dollars ($500); |
31 | (2) For a second violation that occurred within one year of a previous civil infraction, a |
32 | civil penalty of up to seven hundred fifty dollars ($750). |
33 | (3) For a third violation that occurred within one year of a second civil infraction, a civil |
34 | penalty of up to one thousand dollars ($1,000). |
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1 | (b) Each fur product that constitutes a violation of this chapter shall be treated as a separate |
2 | violation in any civil action brought pursuant to this chapter. |
3 | 6-61-6. Enforcement. |
4 | (a) The attorney general shall enforce the provisions of this chapter. The attorney general |
5 | may also seek injunctive relief to prevent further violations of this chapter. |
6 | (b) Within six (6) months of the effective date of this chapter, the attorney general shall |
7 | promulgate rules and regulations for the implementation and enforcement of this chapter. |
8 | (c) Any municipality may, by ordinance, enforce the provisions of § 6-61-5. |
9 | (d) Notwithstanding any other provision of law, there shall be a rebuttable presumption |
10 | that a fur product contains fur that was sourced from an animal raised, maintained, kept, or housed |
11 | for all or part of its life on a fur farm. |
12 | 6-61-7 Severability. |
13 | If any provision of this chapter or the application thereof to any person or circumstances is |
14 | held invalid, such invalidity shall not affect any other provision or application which can be given |
15 | effect without the invalid provision or application, and to this end the provisions of this chapter are |
16 | declared to be severable. |
17 | SECTION 2. This act shall take effect four (4) years after passage. |
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LC000706/SUB A/3 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- | |
TRADE IN FARMED ANIMAL FUR PRODUCTS | |
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1 | This act would prohibit a person to sell, offer for sale, display for sale or otherwise |
2 | distribute a farmed animal fur product within the state and would provide graduated civil penalties |
3 | for violations. |
4 | This act would take effect four (4) years after passage. |
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LC000706/SUB A/3 | |
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