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S 2353Food & Beverage

Food and Drugs - Force-Fed Poultry Products

This bill bans the force-feeding of poultry and prohibits the sale of foie gras and related products in Rhode Island.

Introduced
Population
Affected
15
Introduced Jan 30, 2026Committee Senate Environment & Agriculture

Plain-English Summary

This legislation prohibits the practice of force-feeding poultry, such as ducks and geese, for the purpose of enlarging their livers to produce foie gras. It creates a statewide ban on the sale, trading, or distribution of any force-fed poultry products, including sales made over the internet. The bill establishes a legal presumption that any item labeled or advertised as "foie gras" is a prohibited product unless the seller can prove otherwise. Violations are punishable by a civil penalty of $500 per offense, enforceable by local law enforcement, animal control, or the Department of Health.

For younger readers

This new law creates rules to protect birds like ducks and geese. It says that people cannot force these birds to eat extra food just to make their livers grow big, which is done to make a fancy food called "foie gras." The law also says that stores and restaurants in Rhode Island are not allowed to sell any food that comes from birds treated this way. If a person or business breaks this rule, they will have to pay a fine of $500.

Who & Where It Applies

Impacted groups
Restaurant OwnersGourmet Food RetailersPoultry FarmersConsumers of Fine DiningAnimal Control Officers
Impacted communities
All

Constitutional & Fiscal Check

Low. While the bill regulates sales, potentially implicating the Dormant Commerce Clause by banning products imported from other states, similar bans (e.g., California) have generally been upheld as non-discriminatory health and safety regulations. The "rebuttable presumption" shifts the burden of proof regarding the nature of the product, but because it allows the defendant to provide evidence to the contrary, it likely satisfies due process requirements in a civil regulatory context.

Estimated cost
None
Estimated revenue
$500/violation

Bill Analysis

Both viewpoints
For Progressives
  • Promotes animal welfare by banning the inhumane practice of force-feeding ducks and geese, aligning with ethical standards against cruelty to animals.
  • Addresses environmental and public health concerns by regulating an industry identified in the bill as environmentally unsustainable and a risk for zoonotic diseases.
  • Empowers local municipalities and health departments to enforce regulations that prioritize community values regarding ethical food sourcing.
  • May negatively impact small restaurant owners and workers in the fine dining industry who rely on high-margin luxury items for revenue.
  • Could be perceived as culturally insensitive by targeting a specific culinary tradition deeply rooted in French heritage.
  • Directs enforcement resources toward policing food ingredients, which some might argue diverts attention and funds from more critical social services or community safety needs.
For Conservatives
  • Empowers local governments by allowing cities and towns to prosecute violations and retain the revenue from fines to support local budgets.
  • Establishes clear definitions for prohibited conduct, ensuring that the law is specific and reducing the likelihood of vague interpretations that could trap compliant businesses.
  • Protects the integrity of the food supply by preventing practices that the legislature deems risky to public health regarding zoonotic diseases.
  • Represents government overreach into the free market by dictating what products businesses may sell and what consumers are permitted to eat.
  • Imposes a "rebuttable presumption" of guilt on businesses selling items labeled "foie gras," shifting the burden of proof onto the private citizen or business owner.
  • Creates additional regulatory burdens and potential financial liabilities for restaurant owners and food retailers through fines and enforcement actions.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 34 additions

SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby amended by adding thereto the following chapter: 21-13.1-1. Legislative intent. The general assembly recognizes it is in the public interest to protect the public health and general welfare of the State of Rhode Island by regulating industries, such as foie gras, that are inhumane, environmentally unsustainable, and increase the risk of zoonotic diseases. 21-13.1-2. Definitions. For the purposes of this chapter, the following terms have the following meanings:

(1) “Force-fed poultry product” means any product that is the result of force-feeding a bird, including, but not limited to, a duck or a goose, with the intent to fatten or enlarge the bird's liver.

(2) “Force-feeding” means the practice of forcing, by any means, food or supplements into the throat, esophagus, crop or stomach of an animal.

(3) “Sell” means any act of selling, trading, or bartering for monetary or nonmonetary consideration, and includes any transfer of ownership that occurs in the course of a commercial transaction. 21-13.1-3. Prohibited conduct.

(a) A person shall not engage in force-feeding to create a force-fed poultry product nor hire another to engage in force-feeding to create a force-fed poultry product.

(b) A person shall not sell in Rhode Island by any means, including, but not limited to, direct, telephone, electronic or Internet sales, any force-fed poultry product or food containing a force-fed poultry product. For purposes of this chapter, there shall be a rebuttable presumption that an item that is in any way identified or labeled as "foie gras", or listed on a menu as "foie gras", is a force-fed poultry product. Any party seeking to rebut such presumption shall provide documentary evidence proving that the product they are storing, keeping, maintaining, offering for sale, or selling is not a force-fed poultry product as defined in this chapter. 21-13.1-4. Enforcement.

(a) Any person who is found to violate any provision of this chapter shall be subject to a civil penalty of five hundred dollars ($500) for each violation. Each such violation may be treated as a separate and distinct offense, and in the case of a continuing violation, each day's continuance thereof may be treated as a separate and distinct offense.

(b) Any person who violates any provision of this chapter may be prosecuted by the city or town where the violation occurs, or by the state department of health, and the municipality or department of health, after deducting the costs of trial and conviction, may retain the balance of the fine or fines recovered for the use of the municipality or department.

(c) A peace officer, officer of an animal control or animal regulation department of a public agency, may issue a citation to a person who violates this chapter.

SECTION 2. This act shall take effect on January 1, 2027.