SECTION 1. Legislative Findings. The general assembly finds and declares that eliminating the sale of farmed fur products in the State of Rhode Island will decrease demand for cruel products, reduce public health risks, promote community awareness of animal welfare, alleviate environmental burdens, foster a more humane environment, and enhance the reputation of the state.
SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 6-63-1. Short title. This chapter shall be known and may be cited as "The Trade In Farmed Animal Fur Products Act". 6-63-2. Definitions. As used in this chapter, the following words and phrases shall have the following meanings:
(1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
(2) “Fur farm” means any operation, including the land, buildings, support facilities, and any other location or equipment, in which animals including, but not limited to, mink, fox, raccoon dog or chinchilla are owned, controlled, raised, bred, propagated, or kept for the value of their fur. (3)(i) “Fur product” means any article of clothing or covering for any part of the body, or any fashion accessory including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that is made, in whole or in part, of fur.
(ii) “Fur product” does not include any of the following:
(A) An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;
(B) Animal hair, fleece, or fur fibers that are not attached to skin (e.g., fishing lures); or
(C) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, Camelidae, Equidae, Suidae, or Cervidae;
(4) “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
(5) “Ultimate consumer” means an individual who buys a fur product for their own use, or for the use of another, but not for resale or trade.
(6) “Used fur product” means a fur product that has been worn or used by an ultimate consumer. 6-63-3. Prohibitions. Notwithstanding any other provision of law, it is unlawful for any person to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration, a fur product in the State of Rhode Island if any of the fur contained in the fur product was sourced from an animal that was raised, maintained, kept, or housed for all or part of its life on a fur farm. For purposes of this section, the sale of a fur product shall be deemed to occur in the State of Rhode Island if:
(1) The buyer takes physical possession of the fur product in Rhode Island; or
(2) The seller is located in Rhode Island. 6-63-4. Exemptions. The prohibitions set forth in § 6-63-3 shall not apply to the sale, offer for sale, display for sale, trade, or distribution of:
(1) A used fur product; or
(2) A fur product where the activity is expressly authorized by federal law. 6-63-5. Civil Penalty.
(a) A violation of this chapter shall be a civil infraction. Any person who violates this chapter shall be subject to the following penalties:
(1) For a first violation, a civil penalty of up to five hundred dollars ($500);
(2) For a second violation that occurred within one year of a previous civil infraction, a civil penalty of up to seven hundred fifty dollars ($750); and
(3) For a third violation that occurred within one year of a second civil infraction, a civil penalty of up to one thousand dollars ($1,000).
(b) Each fur product that constitutes a violation of this chapter shall be treated as a separate violation in any civil action brought pursuant to this chapter. 6-63-6. Enforcement.
(a) The attorney general shall enforce the provisions of this chapter. The attorney general may also seek injunctive relief to prevent further violations of this chapter.
(b) Within six (6) months of the effective date of this chapter, the attorney general shall promulgate rules and regulations for the implementation and enforcement of this chapter.
(3) Any municipality may, by ordinance, enforce the provisions of § 6-63-5.
(4) Notwithstanding any other provision of law, there shall be a rebuttable presumption that a fur product contains fur that was sourced from an animal raised, maintained, kept, or housed for all or part of its life on a fur farm. 6-63-7 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 3. This act shall take effect three (3) years after passage.