2025 -- S 0025 | |
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LC000473 | |
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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: Senators Gu, DiMario, Murray, Ujifusa, Valverde, Britto, and Lauria | |
Date Introduced: January 23, 2025 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative Findings. |
2 | The general assembly finds and declares that eliminating the sale of farmed fur products in |
3 | the State of Rhode Island will decrease demand for cruel products, reduce public health risks, |
4 | promote community awareness of animal welfare, alleviate environmental burdens, foster a more |
5 | humane environment, and enhance the reputation of the state. |
6 | SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL |
7 | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
8 | CHAPTER 61 |
9 | TRADE IN FARMED ANIMAL FUR PRODUCTS ACT |
10 | 6-61-1. Short title. |
11 | This chapter shall be known and may be cited as "The Trade In Farmed Animal Fur |
12 | Products Act". |
13 | 6-61-2. Definitions. |
14 | As used in this chapter, the following words and phrases shall have the following meanings: |
15 | (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached |
16 | thereto, either in its raw or processed state. |
17 | (2) “Fur farm” means any operation, including the land, buildings, support facilities, and |
18 | any other location or equipment, in which animals including, but not limited to, mink, fox, raccoon |
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1 | dog or chinchilla are owned, controlled, raised, bred, propagated, or kept for the value of their fur. |
2 | (3)(i) “Fur product” means any article of clothing or covering for any part of the body, or |
3 | any fashion accessory including, but not limited to, handbags, shoes, slippers, hats, earmuffs, |
4 | scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that |
5 | is made, in whole or in part, of fur. |
6 | (ii) “Fur product” does not include any of the following: |
7 | (A) An animal skin or part thereof that is to be converted into leather, or which in |
8 | processing will have the hair, fleece, or fur fiber completely removed; |
9 | (B) Animal hair, fleece, or fur fibers that are not attached to skin (e.g., fishing lures); or |
10 | (C) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, |
11 | Camelidae, Equidae, Suidae, or Cervidae; |
12 | (4) “Person” means any individual, firm, partnership, joint venture, association, limited |
13 | liability company, corporation, estate, trust, receiver, or syndicate. |
14 | (5) “Ultimate consumer” means an individual who buys a fur product for their own use, or |
15 | for the use of another, but not for resale or trade. |
16 | (6) “Used fur product” means a fur product that has been worn or used by an ultimate |
17 | consumer. |
18 | 6-61-3. Prohibitions. |
19 | Notwithstanding any other provision of law, it is unlawful for any person to sell, offer for |
20 | sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration, a |
21 | fur product in the State of Rhode Island if any of the fur contained in the fur product was sourced |
22 | from an animal that was raised, maintained, kept, or housed for all or part of its life on a fur farm. |
23 | For purposes of this section, the sale of a fur product shall be deemed to occur in the State of Rhode |
24 | Island if: |
25 | (1) The buyer takes physical possession of the fur product in Rhode Island; or |
26 | (2) The seller is located in Rhode Island. |
27 | 6-61-4. Exemptions. |
28 | The prohibitions set forth in § 6-61-3 shall not apply to the sale, offer for sale, display for |
29 | sale, trade, or distribution of: |
30 | (1) A used fur product; or |
31 | (2) A fur product where the activity is expressly authorized by federal law. |
32 | 6-61-5. Civil Penalty. |
33 | (a) A violation of this chapter shall be a civil infraction. Any person who violates this |
34 | chapter shall be subject to the following penalties: |
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1 | (1) For a first violation, a civil penalty of up to five hundred dollars ($500); |
2 | (2) For a second violation that occurred within one year of a previous civil infraction, a |
3 | civil penalty of up to seven hundred fifty dollars ($750). |
4 | (3) For a third violation that occurred within one year of a second civil infraction, a civil |
5 | penalty of up to one thousand dollars ($1,000). |
6 | (b) Each fur product that constitutes a violation of this chapter shall be treated as a separate |
7 | violation in any civil action brought pursuant to this chapter. |
8 | 6-61-6. Enforcement. |
9 | (a) The attorney general shall enforce the provisions of this chapter. The attorney general |
10 | may also seek injunctive relief to prevent further violations of this chapter. |
11 | (b) Within six (6) months of the effective date of this chapter, the attorney general shall |
12 | promulgate rules and regulations for the implementation and enforcement of this chapter. |
13 | (3) Any municipality may, by ordinance, enforce the provisions of § 6-61-5. |
14 | (4) Notwithstanding any other provision of law, there shall be a rebuttable presumption |
15 | that a fur product contains fur that was sourced from an animal raised, maintained, kept, or housed |
16 | for all or part of its life on a fur farm. |
17 | 6-61-7 Severability. |
18 | If any provision of this chapter or the application thereof to any person or circumstances is |
19 | held invalid, such invalidity shall not affect any other provision or application which can be given |
20 | effect without the invalid provision or application, and to this end the provisions of this chapter are |
21 | declared to be severable. |
22 | SECTION 3. This act shall take effect three (3) years after passage. |
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LC000473 | |
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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 three (3) years after passage. |
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