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

1. In this chapter and in §§ 4-4-9 , 4-4-10 , and 23-19-8 :
   1. “Animal” and “animals” means every living creature except a human being.
   2. “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.
   3. “Owner,” “person,” and “whoever” means corporations as well as individuals.
   4. “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.
   5. Except for livestock as defined in § 4-26-3 (6), “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.
   6. Except for livestock as defined in § 4-26-3, “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. 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.

History of Section. G.L. 1896, ch. 114, § 7; G.L. 1909, ch. 138, § 7; G.L. 1923, ch. 141, § 7; G.L. 1938, ch. 640, § 7; P.L. 1945, ch. 1651, § 1; G.L. 1956, § 4-1-1 ; P.L. 2001, ch. 72, § 1; P.L. 2013, ch. 180, § 1; P.L. 2013, ch. 232, § 1; P.L. 2017, ch. 439, § 1; P.L. 2017, ch. 444, § 1.

4-1-2. Overwork, mistreatment, or failure to feed animals — Shelter defined.

1. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. 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 .
2. Any person who has been previously convicted of an offense provided for in chapter 1 of title 4 shall, upon conviction of a second or subsequent violation within a ten-year (10) period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars ($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every person convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to serve one hundred (100) hours of community restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.
3. Every owner, possessor, or person having charge of any animal may, upon conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal to the animal-control officer of the city or town in which the offense occurred or to a humane society that owns and operates the shelter that provided the subject animal shelter subsequent to any confiscation of that animal pursuant to this section.
4. Shelter means a structure used to house any animal that will provide sufficient protection from inclement elements for the health and well being of the animal.

History of Section. G.L. 1896, ch. 114, § 1; P.L. 1898, ch. 548, § 1; G.L. 1909, ch. 138, § 1; G.L. 1923, ch. 141, § 1; G.L. 1938, ch. 640, § 1; G.L. 1956, § 4-1-2 ; P.L. 1981, ch. 298, § 1; P.L. 1984, ch. 351, § 2; P.L. 1994, ch. 307, § 1; P.L. 2016, ch. 455, § 1; P.L. 2016, ch. 458, § 1; P.L. 2018, ch. 177, § 1; P.L. 2018, ch. 200, § 1.

4-1-3. Unnecessary cruelty.

1. 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 .
2. 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.
3. 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.

History of Section. G.L. 1896, ch. 114, § 2; G.L. 1909, ch. 138, § 2; G.L. 1923, ch. 141, § 2; G.L. 1938, ch. 640, § 2; G.L. 1956, § 4-1-3 ; P.L. 1973, ch. 114, § 1; P.L. 2013, ch. 180, § 1; P.L. 2013, ch. 232, § 1; P.L. 2016, ch. 455, § 1; P.L. 2016, ch. 458, § 1; P.L. 2017, ch. 439, § 1; P.L. 2017, ch. 444, § 1.

4-1-3.1. Prohibited practices in destruction of animals.

It is unlawful for any veterinarian or owner, as defined in § 4-1-1 , or any agent of a veterinarian or owner, or any other person to destroy any animal by the use of a high altitude decompression chamber. When carbon monoxide is used as a euthanizing agent, only one animal is placed in the chamber. Violation of this section is punishable by a fine of five hundred dollars ($500).

History of Section. P.L. 1981, ch. 310, § 1; P.L. 1984, ch. 164, § 1.

4-1-3.2. Animal confinement in motor vehicles prohibited.

1. No owner or person shall confine any animal in a motor vehicle that is done in a manner that places the animal in a life-threatening or extreme health-threatening situation by exposing it to a prolonged period of extreme heat or cold without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer, law enforcement officer, or fire fighter who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means necessary under the circumstances after making a reasonable effort to locate the owner or other responsible person.
2. A law enforcement or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal’s health, safety, or well-being appears to be in immediate danger from heat, cold, or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.
3. Nothing in this section shall prevent a law enforcement officer or animal control officer from removing an animal from a motor vehicle if the animal’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. A law enforcement officer or animal control officer may enter the motor vehicle for the sole purpose of rescue or release of the animal and may not search the vehicle unless otherwise permitted by law.
4. A law enforcement or animal control officer who removes an animal in accordance with this section shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officer’s or agent’s name and office and the address of the location where the animal may be retrieved. The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.
5. A law enforcement or animal control officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.
6. Any person who knowingly violates this section shall be punished by imprisonment for a term not exceeding one year or by a fine of no more than one thousand dollars ($1,000), or both.

History of Section. P.L. 2014, ch. 262, § 1; P.L. 2014, ch. 320, § 1.

4-1-4. Abandonment of infirm animals.

If any maimed, sick, infirm, or disabled animal is abandoned to die, by any owner or person having charge of that animal, that person shall, for each offense, be punished in the manner provided in § 4-1-2 .

History of Section. G.L. 1896, ch. 114, § 10; G.L. 1909, ch. 138, § 10; G.L. 1923, ch. 141, § 10; G.L. 1938, ch. 640, § 10; G.L. 1956, § 4-1-4 .

4-1-5. Malicious injury to or killing of animals.

1. Every person who cuts out the tongue or otherwise dismembers any animal maliciously; or maliciously kills or wounds any animal; or maliciously administers poison to or exposes any poisonous substance with intent that the poison shall be taken or swallowed by any animal; or who maliciously exposes poisoned meat with intent that the poison meat is taken or swallowed by any wild animal, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the case of any animal of another, be liable to the owner of this animal for triple damages, to be recovered by civil action. In addition, any person convicted under this section is required to serve fifty (50) hours of community restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.
2. This section shall not apply to licensed hunters during hunting season or a licensed business killing animals for human consumption.

History of Section. G.L. 1896, ch. 279, § 22; G.L. 1909, ch. 345, § 22; P.L. 1913, ch. 919, § 1; G.L. 1923, ch. 397, § 22; G.L. 1938, ch. 608, § 22; G.L. 1956, § 4-1-5 ; P.L. 1979, ch. 238, § 1; P.L. 1981, ch. 316, § 1; P.L. 1988, ch. 656, § 1; P.L. 2016, ch. 456, § 1; P.L. 2016, ch. 457, § 1.

4-1-6. Shearing of horses in winter.

No person shall cut, clip, or shear the hair or coating of any horse between October 15th and March 1st unless the necessity for the cutting, clipping, or shearing has been certified in writing and filed with the Rhode Island society for the prevention of cruelty to animals by a licensed graduate veterinarian. Any person violating this section shall, for each offense, be imprisoned not exceeding ten (10) days or be fined not exceeding fifty dollars ($50.00), or both.

History of Section. G.L. 1938, ch. 640, § 22; P.L. 1945, ch. 1651, § 2; G.L. 1956, § 4-1-6 .

4-1-6.1. Operating upon tails of bovines prohibited.

1. Any person who intentionally cuts or alters the bone, tissues, muscles or tendons of the tail of any bovine or otherwise operates upon it in any manner for the purpose or with the effect of docking, setting, or otherwise altering the natural carriage of the tail, or who knowingly permits the same to be done upon the premises of which he or she is the owner, lessee, proprietor or user, or who assists in or is voluntarily present at such cutting or alteration, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both. If any bovine is found with the bone, tissues, muscles or tendons of its tail cut or altered as aforesaid upon the premises or in the charge and custody of any person, and the wound resulting therefrom is unhealed, such fact may be evidence of a violation of this section by the owner or user of such premises, or the person having such charge or custody.
2. The provisions of subsection (a) of this section shall not apply to tail docking performed by a veterinarian for veterinary purposes, provided that the procedure is performed under the following conditions:
   1. The animal has been adequately anesthetized to minimize the animal’s pain and suffering during the treatment or operation.
   2. The procedure is done in a way that minimizes the long-term pain and suffering resulting from the procedure.
   3. The veterinarian uses suitable instruments.
   4. The procedure is done under hygienic conditions.
3. The owner of any bovine with a docked tail who purchased the bovine in a state where tail docking is legal shall be exempt from prosecution under this section.

History of Section. P.L. 2012, ch. 353, § 1.

4-1-7. Live poultry containers.

Any crate or other container used for the purpose of transporting, shipping, or holding for sale any live poultry shall be in a sanitary condition and shall be constructed so as to provide sufficient ventilation and warmth and the poultry, while in that container, shall receive any reasonable care as may be required to prevent unnecessary suffering. Any person violating any provision of this section shall, for each offense, be imprisoned not exceeding fifteen (15) days or be fined not exceeding one hundred dollars ($100), or both.

History of Section. G.L. 1945, ch. 640, § 23; P.L. 1945, ch. 1651, § 2; G.L. 1956, § 4-1-7 .

4-1-8. Sale of chicks and ducklings — Dyeing prohibited.

It is unlawful for any person to dye a chick, duckling, or other live poultry, or to have in his or her possession any chick, duckling, or other live poultry which has been dyed. No person shall sell or offer for sale any live chicks or ducklings under two (2) months of age in quantities of less than twelve (12), and provided further, that no person, firm, corporation or association shall offer live chicks or ducklings under two (2) months of age as a bonus, or as an inducement to the sale of or in conjunction with the purchase of any article. Any person, firm, or corporation violating this section shall for each offense be punished in the manner provided in § 4-1-2 . No pet store shall sell chicks or ducklings in any quantity.

History of Section. G.L. 1938, ch. 640, § 24; P.L. 1945, ch. 1651, § 2; P.L. 1964, ch. 24, § 1; G.L. 1956, § 4-1-8 ; P.L. 1968, ch. 71, § 1; P.L. 1982, ch. 308, § 1.

4-1-9. Animal fighting.

Any person who causes or encourages the fighting of any bird, dog, or animal with any other bird, dog, or animal, or keeps or maintains any place for the fighting of birds, dogs, or animals, or who knowingly permits, or suffers, any fight to be had on his or her premises or on premises under his or her control, or makes any bet or lays any wager of any kind upon the result of that fight, shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding two (2) years, or both, for the first offense, and for any subsequent offense shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or be imprisoned not exceeding two (2) years, or both.

History of Section. G.L. 1896, ch. 283, § 15; P.L. 1901, ch. 848, § 1; G.L. 1909, ch. 349, § 19; G.L. 1923, ch. 401, § 19; G.L. 1938, ch. 612, § 19; G.L. 1956, § 4-1-9 ; P.L. 1980, ch. 16, § 1; P.L. 1983, ch. 126, § 1.

4-1-10. Possession or training of fighting animals.

Whoever owns, possesses, keeps or trains any bird, dog, or other animal, with the intent that that bird, dog, or animal engages in an exhibition of fighting, shall be fined not exceeding one thousand dollars ($1,000) and/or be imprisoned not exceeding two (2) years for the first offense, and for any subsequent offense shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or be imprisoned not exceeding two (2) years, or both.

History of Section. G.L. 1896, ch. 114, § 15; G.L. 1909, ch. 138, § 15; G.L. 1923, ch. 141, § 15; G.L. 1938, ch. 640, § 15; G.L. 1956, § 4-1-10 ; P.L. 1980, ch. 5, § 1; P.L. 1983, ch. 126, § 1.

4-1-11. Attendance at bird or animal fight.

Whoever is present at any place, building, or tenement where preparations are being made for an exhibition of the fighting of birds or animals, with the intent being present at that exhibition, or is present at that exhibition, shall be fined not exceeding one thousand five hundred dollars ($1,500) or imprisoned for not more than two (2) years, or both.

History of Section. G.L. 1896, ch. 114, § 16; G.L. 1909, ch. 138, § 16; G.L. 1923, ch. 141, § 16; G.L. 1938, ch. 640, § 16; G.L. 1956, § 4-1-11 ; P.L. 1975, ch. 181, § 1; P.L. 1983, ch. 176, § 1.

4-1-12. Entry of premises where bird or animal fights are conducted — Arrest — Seizure of birds or animals.

Any deputy sheriff, town sergeant, town constable, police officer, or any officer authorized to serve criminal process may enter any place, building, or tenement anywhere within the state where there is an exhibition of the fighting of birds or animals, or where preparations are being made for that exhibition, and, without a warrant, arrest all persons present and take possession of the birds or animals engaged in fighting and all birds or animals found there and intended to be used or engaged in fighting. Those persons shall be kept in custody in jail or other convenient place not more than twenty-four (24) hours, Sundays and legal holidays excepted, at or before the expiration of which time those persons shall be brought before a district court or the superior court and proceeded against according to law.

History of Section. G.L. 1896, ch. 114, § 11; P.L. 1898, ch. 548, § 3; P.L. 1900, ch. 747, § 2; C.P.A. 1905, § 1216; G.L. 1909, ch. 138, § 11; G.L. 1923, ch. 141, § 11; G.L. 1938, ch. 640, § 11; G.L. 1956, § 4-1-12 ; P.L. 2012, ch. 324, § 10; P.L. 2015, ch. 260, § 2; P.L. 2015, ch. 275, § 2.

4-1-13. Forfeiture of fighting birds or animals.

After the seizure of any birds or animals as provided in § 4-1-12 , application shall be made to a district court or the superior court for a sentence of forfeiture of the birds or animals; and if, upon the hearing of the application, it is found that the birds or animals, at the time of their seizure, were engaged in fighting at an exhibition or were owned, possessed, or kept by any person with the intent that they should be engaged in fighting at an exhibition, sentence of forfeiture shall be pronounced against them. Any officer authorized to serve criminal process shall sell them in any manner that the court orders, and pay the proceeds of that sale, after the payment of costs, including costs of seizure and keeping of those birds or animals, to the general treasurer for the use of the state. Whenever a seizure and application for sentence of forfeiture is made by or results from the complaint or information of any officer or agent of the society for the prevention of cruelty to animals, the proceeds of that sale shall be paid over to the society. Should it be found that any seized birds or animals are of no use or value, they shall be set at large, or otherwise disposed of, as the court may direct. The claimant is allowed to appear in the proceedings upon any application for a sentence of forfeiture. All seized birds or animals not sentenced for forfeiture shall be delivered to the owner.

History of Section. G.L. 1896, ch. 114, § 12; C.P.A. 1905, § 1216; G.L. 1909, ch. 138, § 12; G.L. 1923, ch. 141, § 12; G.L. 1938, ch. 640, § 12; G.L. 1956, § 4-1-13 .

4-1-14. Appeal of sentence of forfeiture.

Any claimant aggrieved by a sentence of forfeiture of a district court may, before the execution of that sentence, appeal to the superior court in the manner provided with reference to criminal appeals from district courts.

History of Section. G.L. 1896, ch. 114, § 13; C.P.A. 1905, § 1122; G.L. 1909, ch. 138, § 13; G.L. 1923, ch. 141, § 13; G.L. 1938, ch. 640, § 13; G.L. 1956, § 4-1-14 .

4-1-15. Expense of care of seized birds or animals.

The necessary expenses incurred in the care and disposing of seized birds or animals may be allowed and paid in the same manner that costs in criminal prosecutions are paid.

History of Section. G.L. 1896, ch. 114, § 14; G.L. 1909, ch. 138, § 14; G.L. 1923, ch. 141, § 14; G.L. 1938, ch. 640, § 14; G.L. 1956, § 4-1-15 .

4-1-16. Use of birds as targets.

Any person who keeps or uses any live pigeon, fowl, or other bird for the purpose of a target or to be shot at, either for amusement or as a test of skill in marksmanship, and any person who shoots at any bird or is a party to any shooting of any fowl or bird and any person who rents any building, shed, room, yard, field, or premises, or knowingly suffers or permits the use of any building, shed, room, yard, field, or premises, for the purpose of shooting any fowl or bird, shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding ten (10) days, or both. Nothing in this section applies to the shooting of any wild game in its wild state.

History of Section. G.L. 1896, ch. 114, § 17; G.L. 1909, ch. 138, § 17; G.L. 1923, ch. 141, § 17; G.L. 1938, ch. 640, § 17; G.L. 1956, § 4-1-16 .

4-1-17. Unloading of animals in transit for rest, water, and feeding.

1. No railroad company, in the transportation of animals, shall permit those animals to be confined in cars, after they have been confined twenty-eight (28) consecutive hours, without unloading those animals for rest, water, and feeding for at least five (5) consecutive hours, unless prevented from unloading them by storm or accidental causes. In estimating the confinement, the time during which the animals have been confined without rest on connecting roads from which they are received shall be included. It is the intent of this section to prohibit their continuous confinement longer than twenty-eight (28) hours, except upon the stated contingencies.
2. Animals unloaded shall be properly fed, watered, and sheltered, during their rest, by the owner or person having the custody of the animals; or in case of his or her default in doing so, then by the railroad company transporting those animals, at the expense of the owner or person in custody of the animals, and the company shall in that case have a lien upon those animals for food, care, and custody furnished and shall not be liable for any detention of those animals authorized by this chapter.
3. Any company, owner, or custodian of animals in transit failing to comply with this section shall for each offense be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
4. Whenever animals are carried in cars in which they can and do have proper food, water, space and opportunity for rest, the provisions for unloading them shall not apply.

History of Section. G.L. 1896, ch. 114, § 3; G.L. 1909, ch. 138, § 3; G.L. 1923, ch. 141, § 3; G.L. 1938, ch. 640, § 3; G.L. 1956, § 4-1-17 .

4-1-18. Arrest of violators without warrant — Care of animals.

Any person violating this chapter may be arrested on view and held without a warrant; provided, that an arrest or detention without warrant shall not continue longer than twenty-four (24) hours; and the person making an arrest, with or without a warrant, shall use reasonable diligence to give notice to the owner of animals found in the charge or custody of the person arrested, and shall properly care and provide for those animals until the owner shall take charge of them, provided the owner shall do so within thirty (30) days from the date of the notice. The person making an arrest shall have a lien on those animals for the expense of their care and provision.

History of Section. G.L. 1896, ch. 114, § 5; P.L. 1898, ch. 548, § 2; P.L. 1900, ch. 747, § 1; G.L. 1909, ch. 138, § 5; G.L. 1923, ch. 141, § 5; G.L. 1938, ch. 640, § 5; G.L. 1956, § 4-1-18 .

4-1-19. Issuance of search warrants.

Whenever complaint is made on oath to any magistrate authorized to issue warrants in criminal cases, that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any building or place, the magistrate, if satisfied that there is reasonable cause for that belief, shall issue a search warrant, authorizing any officer, competent to serve a warrant, to search the building or place; but no search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown.

History of Section. G.L. 1896, ch. 114, § 6; G.L. 1909, ch. 138, § 6; G.L. 1923, ch. 141, § 6; G.L. 1938, ch. 640, § 6; G.L. 1956, § 4-1-19 .

4-1-20. Duty of police officers — Fines paid to society for prevention of cruelty to animals.

Any deputy sheriff, town constable, or police officer shall prosecute all violations of this chapter that come to his or her knowledge and all fines and forfeitures resulting from the complaint of any officer or agent of the Society for the Prevention of Cruelty to Animals under this chapter, shall enure and be paid over to the society in aid of the benevolent objects for which it was incorporated.

History of Section. G.L. 1896, ch. 114, § 8; G.L., ch. 283, § 15, as enacted by P.L. 1901, ch. 848, § 1; G.L. 1909, ch. 138, § 8; ch. 349, § 19; G.L. 1923, ch. 141, § 8; ch. 401, § 19; G.L. 1938, ch. 612, § 19; ch. 640, § 8; G.L. 1956, § 4-1-20 ; P.L. 2012, ch. 324, § 10; P.L. 2015, ch. 260, § 2; P.L. 2015, ch. 275, § 2.

4-1-21. Powers of agents of society for prevention of cruelty to animals.

The general agent of the Rhode Island society for the prevention of cruelty to animals and any number of special agents as may be appointed by that society have the same power and authority to arrest as any officer authorized to serve criminal process for the purpose of enforcing any of the laws of this state in relation to cruelty to animals, that power and authority to extend throughout the state, and they may serve any search warrant issued under § 4-1-19 and may search any building or place named in that warrant. A general agent and any special agents may, for the purpose of carrying out their duties, possess and carry pistols as defined in § 11-47-2 , and the provisions of § 11-47-8 shall not apply to them. Any person who interferes with or obstructs any of those agents in the discharge of their duty shall be guilty of obstructing an officer and punished as provided in § 11-32-1 .

History of Section. G.L. 1909, ch. 114, § 19; P.L. 1907, ch. 1446, § 1; G.L. 1909, ch. 138, § 18; G.L. 1923, ch. 141, § 18; G.L. 1938, ch. 640, § 18; P.L. 1945, ch. 1651, § 1; G.L. 1956, § 4-1-21 ; P.L. 2013, ch. 501, § 1.

4-1-22. Care of neglected animals by society — Forfeiture of owner’s rights — Expenses.

1. An officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals may lawfully take charge of any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1 , or that in the opinion of that officer or agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his or her agents, and may provide suitable care.
2. Every owner or agent, upon conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1 , or otherwise cruel treatment of any animal taken charge of by the Rhode Island Society for the Prevention of Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to the Society for disposition in any manner deemed suitable for that animal.
3. Whenever any officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the Society during this time, shall be paid for by the owner, guardian, or his or her agent upon conviction, plea of guilty, or plea of nolo contendere. The Society has the authority to commence a civil action for damages against the owner or his or her agent thirty (30) days after a written demand for payment of the expense of the suitable care of that animal has been sent and no payment has been received.

History of Section. G.L. 1896, ch. 114, § 4; G.L. 1909, ch. 138, § 4; G.L. 1923, ch. 141, § 4; G.L. 1938, ch. 640, § 4; P.L. 1945, ch. 1651, § 1; G.L. 1956, § 4-1-22 ; P.L. 1981, ch. 289, § 1; P.L. 1984, ch. 197, § 1; P.L. 2014, ch. 261, § 1; P.L. 2014, ch. 321, § 1; P.L. 2017, ch. 439, § 1; P.L. 2017, ch. 444, § 1.

4-1-23. Destruction of infirm animals by society.

If, upon examination by a licensed graduate veterinarian of any animal taken possession of under § 4-1-22 , the veterinarian certifies, in writing, to the society that the animal is so aged, maimed, disabled, lame, sick, diseased, or injured as to be unfit for any useful purpose, any officer or agent of the society may lawfully and humanely destroy that animal or cause it to be humanely destroyed, and the society, its officers and agents, are exonerated from all liability to the owner of that animal on account of its destruction.

History of Section. G.L. 1956, ch. 640, § 4; P.L. 1945, ch. 1651, § 1; G.L. 1956, § 4-1-23 .

4-1-24. Jurisdiction of offenses — Appeals.

The district court has concurrent jurisdiction with the superior court, over all offenses under this chapter and to the full extent of the penalties specified. Parties defendant, however, have the same right to appeal from the sentence of a district court as is now provided by law in other criminal cases.

History of Section. G.L. 1896, ch. 114, § 9; C.P.A. 1905, § 1216; G.L. 1909, ch. 138, § 9; G.L. 1923, ch. 141, § 9; G.L. 1938, ch. 640, § 9; G.L. 1956, § 4-1-24 ; P.L. 1969, ch. 239, § 53.

4-1-25. Appropriations for prevention of cruelty — Payments to society.

The general assembly shall annually appropriate any sum it deems necessary, out of any money in the treasury not otherwise appropriated, to be expended under the direction of the director of environmental management, for the purpose of preventing cruelty to animals, and the director may pay that sum to the Rhode Island society for the prevention of cruelty to animals for that purpose, and the state controller is authorized to draw his or her orders upon the general treasurer for the payment of any sum appropriated, or so much of the sum as may be required, upon receipt by him or her of proper vouchers approved by the director.

History of Section. G.L. 1896, ch. 114, § 18; G.L. 1909, ch. 138, § 19; G.L. 1923, ch. 141, § 19; P.L. 1923, ch. 431, § 1; P.L. 1929, ch. 1374, § 5; G.L. 1938, ch. 640, § 19; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 4-1-25 .

4-1-26. Abandonment of animals.

1. If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure without providing for the care of that animal, he or she shall be punished in the manner provided in § 4-1-2 for each such offense. If this abandonment results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5 . Abandonment means the relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming it or resuming its ownership or possession.
2. Any pound or animal shelter as defined under § 4-19-2 , shall deem abandoned any animal impounded and not redeemed by its owner within ten (10) days of impoundment if such animal is wearing identification. Any animal impounded and not wearing identification shall be deemed abandoned if not redeemed by its owner within five (5) days of impoundment. Any animal deemed abandoned shall become the property of the impounding agency and may be adopted.
3. Any pound or animal shelter shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal, including scanning the animal for a microchip.

History of Section. P.L. 1966, ch. 176, § 1; P.L. 1996, ch. 329, § 1; P.L. 2017, ch. 337, § 1; P.L. 2017, ch. 358, § 1.

4-1-26.1. Reports of abandoned, neglected or abused animals.

1. Any Rhode Island licensed veterinarian, veterinarian technician, animal shelter, animal kennel, or other person entrusted with the care or custody of an animal shall report to any police department (local or state), animal control officials, or officers of private organizations devoted to the humane treatment of animals, the condition of any animal that the parties entrusted with care or custody of an animal knows, or reasonably believes, to be abandoned, as defined in § 4-1-26 , neglected, or abused, and shall be immune from suit pursuant to the provisions of § 4-1-37 . Any party who fails to report pursuant to this section shall be fined not exceeding five hundred dollars ($500).
2. Nothing in this section shall be construed to impose a duty to further investigate observed or reasonably suspected animal abandonment, cruel neglect, or abuse.

History of Section. P.L. 2018, ch. 172, § 2.

4-1-27. Auction of lost or abandoned animals and poultry.

1. The general agent of the Rhode Island society for the prevention of cruelty to animals, within his or her discretion, may sell at public auction any lost or abandoned animals and poultry. Before proceeding to sale, the general agent shall give notice to the owners of the lost or abandoned animals by advertising once a week for three (3) successive weeks prior to the sale in some daily newspaper printed in English and published in this state.
2. The agent is not liable in any legal action brought against him or her based on the sale. The proceeds of the sales shall be turned over to the Rhode Island society for the prevention of cruelty to animals to be used to defray the cost of shelter and care of animals which are the subject of the sale and to cover any costs incident to the sale.
3. Any remaining proceeds from the sale shall be held for a period of two (2) years by the Rhode Island society for the prevention of cruelty to animals for the account of the rightful owner, who, upon making a claim and showing satisfactory evidence of ownership, shall be entitled to those proceeds. If unclaimed within that two (2) year period, the proceeds shall then become the property of the Rhode Island society for the prevention of cruelty to animals to be used for any and all purposes of the society.

History of Section. P.L. 1968, ch. 72, § 1.

4-1-28. Greasy pig contests prohibited.

It is unlawful for any person, as defined in § 4-1-1 , to conduct any greasy pig contest within the state. Any person violating this section is subject to the provisions of § 4-1-2 .

History of Section. P.L. 1973, ch. 114, § 2.

4-1-29. Release of caged animals in park or zoo.

It is unlawful for any person to willfully release an animal from captivity in a park, circus, zoo or other such facility. Any person violating this section is be deemed guilty of a misdemeanor.

History of Section. P.L. 1975, ch. 131, § 1.

4-1-30. [Repealed.]

History of Section. P.L. 1980, ch. 185, § 1; Repealed by P.L. 2019, ch. 115, § 1, effective July 8, 2019; P.L. 2019, ch. 147, § 1, effective July 8, 2019.

4-1-30.1. Cruelty to public safety — Dogs and horses.

1. As used in this section:
   1. “Police canine” means any canine and “police horse” means any horse that is owned or in the service of a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders;
   2. “Fire canine” means any canine that is owned or in the service of a fire department, a special fire district, or the state fire marshal for the principal purpose of aiding in the detection of flammable materials or the investigation of fires; and
   3. “SAR canine” means any search and rescue canine that is owned or in the service of a fire department, a law enforcement agency, a special fire district, or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including, but not limited to, persons who are lost; who are trapped under debris as the result of a natural, manmade, or technological disaster; or who are drowning victims.
2. Penalties:
   1. Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the case of any animal of another, be liable to the owner of this animal for triple damages, to be recovered by civil action. In addition, any person convicted under this section shall be required to serve fifty (50) hours of community restitution. That community restitution penalty shall not be suspended or deferred and is mandatory.
   2. Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment of not more than one year, or both.
   3. Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or imprisonment of not more than one year, or both.
3. Except as provided in subsection (b)(1), any person convicted under this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR canine, or police horse and shall pay the replacement cost of any dog or horse if that animal can no longer perform its public safety duties. Any canine that is owned by or employed by a law enforcement agency shall be exempt from restitution requirements of this subsection.

History of Section. P.L. 2019, ch. 115, § 2; P.L. 2019, ch. 147, § 2.

4-1-31. Assignment of state veterinarian.

1. Examination of fighting animals.  A licensed veterinarian from the department of environmental management, shall be made available to agents of the Rhode Island Society for the Prevention of Cruelty to Animals at the request of the state police for the purpose of examining any animal that those agents believe to have been involved in animal fighting in violation of §§ 4-1-2 , 4-1-8 , 4-1-9 or 4-1-11 .
2. Right of entry where cruelty suspected.  The director of the department of environmental management, or any veterinarian employed by the department of environmental management designated by the director for such purpose, having reason to suspect the existence of cruelty to animals within the meaning of this chapter upon any grounds or premises, is hereby authorized and empowered to enter upon those grounds or premises for enforcement of the provisions of this chapter. For such inspections, the department shall, unless a search without a warrant is otherwise allowed by law, seek a search warrant from an official of a court authorized to issue warrants.
3. The director of the department of environmental management may designate a department veterinarian or veterinarians to act as animal advocates. A general agent or special agent from the Rhode Island Society for the Prevention of Cruelty to Animals may also act in that capacity.
4. The animal advocate shall make recommendations to any court before which the custody or well-being of an animal is at issue.
5. Any animal care facility licensed by the United States Department of Agriculture or holding a public health service (PHS) assurance of compliance shall be exempt from the provisions of this section.
6. Right to seize animals that are the subject of cruel treatment.  The director of environmental management, or any veterinarian employed by the department of environmental management (“department”), shall have the authority to examine any animal that is suspected of being cruelly treated, mistreated, or neglected by its owner, guardian, or his or her agents in violation of the provisions of chapter 1 of this title. Upon reasonable evidence to suggest that the subject animal(s) has been cruelly treated, mistreated, or negligently treated by the owner, guardian, or his or her agents, in violation of the provisions of chapter 1 of this title, the department may lawfully take charge of that animal(s) and shall have the authority to seize said animal(s). Any animal(s) so seized shall remain in the custody of the department during the pendency of any civil or criminal investigation and remain in the custody of the department until the adjudication of the matter. All reasonable expenses for the care and treatment of the animal(s), while in the custody of the department during this time, shall be paid for by the owner, guardian, or his or her agent upon conviction, entry of a guilty plea, or a plea of nolo contendere. The department has the authority to commence a civil action for damages against the owner, guardian, or his or her agent thirty (30) days after written demand for payment of the expenses of the suitable care of that animal has been sent and no payment received.

History of Section. P.L. 1983, ch. 180, § 1; P.L. 1999, ch. 398, § 1; P.L. 2012, ch. 193, § 1; P.L. 2012, ch. 203, § 1; P.L. 2014, ch. 261, § 1; P.L. 2014, ch. 321, § 1.

4-1-32. Repealed.

History of Section. P.L. 1983, ch. 306, § 1; Repealed by P.L. 1984, ch. 351, § 1, effective May 11, 1984. For present provisions of law, see § 4-1-2 .

4-1-33. Persons using animals for research — Registration.

1. Any person, firm, partnership, or corporation actively engaged in animal research, who actually utilizes live animals for research purposes, shall register with the department of health by filing with the department of health on forms provided by it, the full name, address and type of research performed by the particular person, firm, partnership, or corporation involved in animal research. Any person who violates any of the provisions of this section shall be fined not more than five hundred dollars ($500).
2. Upon passage of this section the department of health shall publish a notice containing the provisions of this section.

History of Section. P.L. 1989, ch. 479, § 1.

4-1-34. Destruction of racing greyhounds.

No person shall put to death, within the state, a racing greyhound or a retired racing greyhound except in a humane manner. For the purposes of this section, the phrase in a humane manner means by means of euthanasia by lethal injection, or by any other standard of humane killing that may be established by the American veterinary medicine association.

History of Section. P.L. 1990, ch. 465, § 1.

4-1-34.1. Restriction on sale of greyhounds.

No person, firm, or other business entity shall sell or otherwise transfer any greyhound or retired racing greyhound to any person, firm, or other business entity for the purpose of medical research.

History of Section. P.L. 1990, ch. 465, § 1.

4-1-34.2. Autopsies and medical treatment permitted.

Nothing contained in this chapter prohibits the owner of a greyhound from having an autopsy performed on that greyhound, nor prohibits any medical treatment necessary to maintain the health and well being of a greyhound.

History of Section. P.L. 1990, ch. 465, § 1.

4-1-34.3. Violations — Penalties.

Any person found guilty of violating § 4-1-34 or 4-1-34.1 shall be fined not more than one thousand dollars ($1,000).

History of Section. P.L. 1990, ch. 465, § 1.

4-1-35. Community restitution.

The general assembly hereby declares that the words “community service” which appear throughout this chapter shall now be substituted with and referred to as “community restitution”.

History of Section. P.L. 1998, ch. 454, § 7.

4-1-36. Psychiatric counseling.

Any person found guilty of violating any of the provisions of this chapter may, in addition to any penalties imposed, be evaluated to determine the need for psychiatric or psychological counseling, and, if determined appropriate by the court, to receive psychiatric or psychological counseling at his or her own expense.

History of Section. P.L. 2000, ch. 321, § 1.

4-1-37. Immunity from suit.

Any person entrusted with the care and custody of an animal, including, but not limited to, any Rhode Island licensed veterinarian, veterinarian technician, animal shelter, or animal kennel, shall be held harmless from either criminal or civil liability arising out of any reports, either oral or written, made to local or state police, animal control officials, or officers of private organizations devoted to humane treatment of animals, concerning any animal that the veterinarian knows, or reasonably believed, to be abandoned, neglected, or abused, and shall be immune from suit by reason of making the report. Provided, however, that a veterinarian who participates or reports in bad faith or with malice shall not be protected under the provisions of this chapter.

History of Section. P.L. 2000, ch. 322, § 1; P.L. 2018, ch. 172, § 1.

4-1-38. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-1-1 .

History of Section. P.L. 2001, ch. 72, § 2.

4-1-39. Transport and shelter of horses.

1. Notwithstanding any other provision of law, a person may not transport or shelter, or cause or allow to be transported or sheltered any equine animal in or upon any trailer, conveyance or other vehicle whatsoever with two (2) or more levels stacked on top of one another.
2. Any person who violates the provisions of this section shall be subject to a fine of not less than five hundred dollars ($500) per animal for a first offense, and subject to a fine of at least one thousand dollars ($1,000) per animal for all second and subsequent offenses.

History of Section. P.L. 2008, ch. 257, § 1; P.L. 2008, ch. 414, § 1.

4-1-40. Possession of animals.

1. In addition to any other penalty imposed by law, a person convicted of, or who entered a plea of nolo contendere to, any misdemeanor violation under the provisions of this chapter shall not possess or reside with any animal for a period of up to five (5) years following entry of the conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).
2. In addition to any other penalty imposed by law, a person convicted of, or who entered a plea of nolo contendere to, any felony violation under the provisions of this chapter shall not possess or reside with any animal for a period of up to fifteen (15) years following entry of the conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).

History of Section. P.L. 2011, ch. 194, § 1; P.L. 2011, ch. 207, § 1; P.L. 2018, ch. 200, § 1.

4-1-41. Devocalization or declawing as requirement for property occupancy prohibited.

1. No person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or corporation’s agents or successors-in-interest, may do any of the following if the person or corporation allows an animal on the subject premises:
   1. Advertise, through any means, the availability of real property for occupancy in a manner designed to discourage application for occupancy of that real property because the applicant’s animal has not been declawed or devocalized;
   2. Refuse to allow the occupancy of any real property, refuse to negotiate the occupancy of any real estate property, or to otherwise make unavailable or deny to any other person the occupancy of any real property because of that person’s refusal to declaw or devocalize any animal; or
   3. Require any tenant or occupant of real property to declaw or devocalize any animal allowed on the premises.
2. Any person found in violation of this section shall be fined not more than one thousand dollars ($1,000). In addition to any other penalty provided by law, a person fined under this section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of time deemed appropriate by the court, and be required to take humane education, pet ownership and dog training classes as ordered by the court.
3. Nothing contained within this section shall be construed as forbidding a person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or corporation’s agents or successors-in-interest, from prohibiting any animal on the premises.

History of Section. P.L. 2013, ch. 318, § 1; P.L. 2013, ch. 431, § 1.

4-1-42. Care of neglected animals by department — Forfeiture of owner’s rights — Expenses.

1. The director of environmental management, or any veterinarian employed by the department of environmental management (“department”), may lawfully take charge of any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1 , or that, in the opinion of the department, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his or her agents, and may provide suitable care.
2. Every owner, guardian, or agent, upon conviction, entry of a guilty plea, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1 , or otherwise cruel treatment of any animal taken charge of by the department under this section, forfeits the right to ownership or control of that animal to the department for disposition in any manner deemed suitable for that animal.
3. Whenever the department lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the department during this time, shall be paid for by the owner, guardian, or his or her agent, upon conviction, a plea of guilty or plea of nolo contendere. The department has the authority to commence a civil action for damages against the owner or his or her agent thirty (30) days after written demand for payment of the expense of the suitable care of that animal has been sent and no payment received.

History of Section. P.L. 2014, ch. 261, § 2; P.L. 2014, ch. 321, § 2; P.L. 2017, ch. 439, § 1; P.L. 2017, ch. 444, § 1.

4-1-43. Use of bullhooks or similar devices on elephants prohibited.

1. Notwithstanding any other provision of law, any person who houses, possesses, or is in direct contact with an elephant utilized in a traveling show shall not:
   1. Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant; or
   2. Permit an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.
2. For purposes of this section “traveling show” means a circus, public show, trade show, photographic opportunity, carnival, city or county fair, ride, parade, race, performance or similar undertaking that involves transporting elephants from location to location or otherwise moves elephants away from a place of permanent residency for performance purposes. The term “traveling show” does not include the transportation of an elephant between nonprofit United States Department of Agriculture licensed sanctuaries for the purpose of providing lifetime care.
3. Any person who violates the provisions of this section shall be fined not more than five thousand dollars ($5,000) per violation, or imprisoned for not more than one year, or by both such fine and imprisonment.

History of Section. P.L. 2016, ch. 506, § 1.

4-1.1-1. Definitions. [Effective until July 1, 2026.]

For the purposes of this chapter:

1. “Calf raised for veal” means a calf of the bovine species kept for the purpose of producing the food product referred to as veal.
2. “Crate” means a “gestation crate” for sows or a “veal crate” for calves.
3. “Farm” means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; and does not include live animal markets.
4. “Farm owner or operator” means any person who owns or controls the operation of a farm, and does not include any non-management employee, contractor, or consultant.
5. “Fully extending the animal’s limbs” means fully extending all limbs without touching the side of an enclosure.
6. “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
7. “Sow during gestation” means a pregnant pig of the porcine species kept for the purpose of breeding.
8. “Turning around freely” means turning in a complete circle without any impediment including a tether, and without touching the side of a crate.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1.

4-1.1-1. Definitions. [Effective July 1, 2026.]

For the purposes of this chapter:

1. “Calf raised for veal” means a calf of the bovine species kept for the purpose of producing the food product referred to as veal.
2. “Covered animal” means any sow during gestation, calf raised for veal, or egg-laying hen that is kept on a farm.
3. “Egg-laying hen” means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.
4. “Enclosure” means any cage, crate, or other structure used to confine a covered animal or animals. Enclosure includes what is commonly described as a “gestation crate” or “stall” for sows during gestation, a “veal crate” for calves raised for veal, and a “battery cage, enriched cage, or colony cage” for egg-laying hens.
5. “Farm” means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; and does not include live animal markets.
6. “Farm owner or operator” means any person who owns or controls the operation of a farm, and does not include any non-management employee, contractor, or consultant.
7. “Fully extending the animal’s limbs” means fully extending all limbs without touching the side of an enclosure. In the case of egg-laying hens, “fully extending the animal’s limbs” means fully spreading both wings without touching the side of an enclosure or other egg-laying hens and having access to the amount of usable floor space per hen that complies with the 2016 Edition of the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks “Guidelines for Cage-Free Egg Production.”
8. “Person” means any individual, firm, partnership, joint venture, association, limited-liability company, corporation, estate, trust, receiver, or syndicate.
9. “Sow during gestation” means a pregnant pig of the porcine species kept for the purpose of breeding.
10. “Turning around freely” means turning in a complete circle without any impediment, including a tether, and without touching the side of a crate.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1; P.L. 2018, ch. 348, § 1.

4-1.1-2. Purpose. [Effective until July 1, 2026.]

The purpose of this chapter, subject to exceptions set forth in § 4-1.1-4 , is to prohibit the confinement of calves raised for veal and sows during gestation.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1.

4-1.1-2. Purpose. [Effective July 1, 2026.]

The purpose of this chapter, subject to exceptions set forth in § 4-1.1-4 , is to prohibit the confinement of a covered animal in a manner that prevents the animal from turning around freely, lying down, standing up, or fully extending the animal’s limbs.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1; P.L. 2018, ch. 348, § 1.

4-1.1-3. Unlawful confinement. [Effective until July 1, 2026.]

Notwithstanding any other provision of law, a person is guilty of unlawful confinement of a sow or calf if the person is a farm owner or operator who knowingly tethers or confines any sow or calf in a manner that prevents such animal from turning around freely, lying down, standing up, or fully extending the animal’s limbs.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1.

4-1.1-3. Unlawful confinement. [Effective July 1, 2026.]

Notwithstanding any other provision of law, a person is guilty of unlawful confinement of a covered animal if the person is a farm owner or operator who knowingly tethers or confines any covered animal in a manner that prevents the animal from turning around freely, lying down, standing up, or fully extending the animal’s limbs.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1; P.L. 2018, ch. 348, § 1.

4-1.1-4. Exceptions. [Effective until July 1, 2026.]

This chapter shall not apply:

1. During medical research;
2. Temporary confinement prior to and during examination, testing, individual treatment or operation for veterinary purposes;
3. During transportation;
4. During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions or educational programs;
5. During temporary confinement for animal husbandry purposes for no more than six (6) hours in any twenty-four-hour (24) period unless ordered by a licensed veterinarian;
6. During the humane slaughter of a sow or pig in accordance with the provisions of chapter 4-17, and other applicable laws and regulations;
7. To a sow during the fourteen-day (14) period prior to the sows expected date of giving birth and extending for a duration of time until the piglets are weaned. This period may be modified upon the order of a licensed veterinarian;
8. To calves being trained to exhibit; and
9. To calves being trained to accept routine confinement in dairy and beef housing.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1; P.L. 2019, ch. 308, art. 2, § 2.

4-1.1-4. Exceptions. [Effective July 1, 2026.]

This chapter shall not apply:

1. During medical research;
2. Temporary confinement prior to and during examination, testing, individual treatment or operation for veterinary purposes;
3. During transportation;
4. During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions or educational programs;
5. During temporary confinement for animal husbandry purposes for no more than six (6) hours in any twenty-four-hour (24) period, unless ordered by a licensed veterinarian;
6. During the humane slaughter of a covered animal in accordance with the provisions of chapter 17 of this title, and other applicable laws and regulations;
7. To a sow during the five-day (5) period prior to the sow’s expected date of giving birth and any day that the sow is nursing piglets;
8. To calves being trained to exhibit; and
9. To calves being trained to accept routine confinement in dairy and beef housing.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1; P.L. 2018, ch. 348, § 1; P.L. 2019, ch. 308, art. 2, § 2.

4-1.1-5. Penalty. [Effective until July 1, 2026.]

1. The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare. This chapter may not be construed to limit any other state laws or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
2. It is not an affirmative defense to alleged violations of this chapter that the calf or sow was kept as part of an agricultural operation and in accordance with customary animal husbandry or farming practices.
3. Any person who violates the provisions of this chapter or any rules or regulations promulgated hereunder shall be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1.

4-1.1-5. Penalty. [Effective July 1, 2026.]

1. The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare. This chapter may not be construed to limit any other state laws or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
2. It is not an affirmative defense to alleged violations of this chapter that the covered animal was kept as part of an agricultural operation and in accordance with customary animal husbandry or farming practices.
3. Any person who violates the provisions of this chapter or any rules or regulations promulgated hereunder shall be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both.
4. This chapter shall be construed to supersede § 4-1-3(a) only with respect to the minimum space required for the housing of egg-laying hens.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1; P.L. 2018, ch. 348, § 1.

4-1.1-6. Severability.

If any provision of this chapter or the application thereof to any person or circumstances, is held invalid or unconstitutional, that invalidity or unconstitutionality shall not affect other provisions or applications of this chapter that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2012, ch. 275, § 1; P.L. 2012, ch. 285, § 1.

4-1.2-1. Seizure of animals being cruelly treated.

1. The RI state veterinarian, the general/special agent of the RI Society for the Prevention of Cruelty to Animals (RISPCA), or any duly sworn and authorized state or municipal law enforcement officer may lawfully take charge and possession of any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1 , or in the opinion of that veterinarian, agent, or officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary care and treatment required or take other appropriate action as determined by a licensed veterinarian.
2. Any person authorized to seize an animal pursuant to this section must leave written notice on the property where the animal was seized within twenty-four (24) hours of the seizure. This notice must be left in a location where it is reasonably likely to be found and must include the name, address, telephone number, and signature of the person seizing the animal; the reason for seizing the animal; and the location where the seized animal is being kept pending any order pursuant to § 4-1.2-3 . If the address of the animal owner is known, notification through certified mail with return receipt requested shall also be provided.

History of Section. P.L. 2019, ch. 180, § 1; P.L. 2019, ch. 242, § 1.

4-1.2-2. Notice of hearing.

Any authorized person making a seizure may file with a district court that has jurisdiction over the matter a verified petition plainly stating those facts as to bring such animal within the jurisdiction of the court and praying for appropriate action by the court in accordance with the provisions of this chapter. Upon the filing of the petition, the court shall cause a summons to be issued requiring the owner(s) or person(s) having responsibility for the care of the animal, if known, to appear in court at the time and place named, which summons shall be served not less than fourteen (14) days before the date of the hearing. If the owner(s) or person(s) having responsibility for the care of the animal is not known, notice of the time and place of the hearing shall be given by publication in a newspaper having a circulation in the town in which the officer took charge of the animal not less than fourteen (14) days before the date of the hearing. The court shall further give notice to the petitioner of the time and place of the hearing not less than fourteen (14) days before the date of the hearing.

History of Section. P.L. 2019, ch. 180, § 1; P.L. 2019, ch. 242, § 1.

4-1.2-3. Order for temporary care of seized animals.

1. If it appears from the allegations of the petition and other affirmations of fact accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find that the animal’s condition or the circumstances surrounding its care require that its custody be immediately assumed to safeguard its welfare, the court shall either:
   1. Issue an order to the owner(s) or person(s) having responsibility for the care of the animal to show cause at such time as the court may designate why the court shall not vest in some suitable state, municipal, or other public or private agency or person the animal’s temporary care and custody pending a hearing on the petition; or
   2. Issue an order vesting in some suitable state, municipal, or other public or private agency or person, the animal’s temporary care and custody, pending a hearing on the petition, which hearing shall be held within ten (10) days from the issuance of the order on the need for such temporary care and custody. The service of the orders may be made by any officer authorized by law to serve process, state police officer, indifferent person, or by certified mail with return receipt requested if the individual lives out of state.

History of Section. P.L. 2019, ch. 180, § 1; P.L. 2019, ch. 242, § 1.

4-1.2-4. Posting of bond.

1. If the court issues an order pursuant to § 4-1.2-3 vesting the animal’s temporary care and custody in some suitable state, municipal, or other public or private agency or person, the owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with the agency or person in whom the animal’s temporary care and custody was vested. The surety bond or cash bond shall be in an amount sufficient to pay the reasonable expenses related to necessary veterinary care, shelter, feeding, and board that is reasonably anticipated to be incurred by the agency or person having temporary care and custody of the animal during the litigation of the process referenced in § 4-1.2-1 .
2. The surety bond or cash bond shall cover the expenses for a period as decided by the court with subsequent bonds being necessary upon the expiration of the preceding bond until the animal is transferred, returned, or otherwise treated pursuant to § 4-1.2-5 . Failure to post the original or subsequent bonds will result in forfeiture of the seized animals, with disposition as provided for pursuant to § 4-1.2-5 .

History of Section. P.L. 2019, ch. 180, § 1; P.L. 2019, ch. 242, § 1.

4-1.2-5. Disposition of seized animals.

1. If a seized animal is forfeited or surrendered pursuant to § 4-1.2-4 , or after hearing the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the animal in any state, municipal, or other public or private agency that is permitted by law to care for neglected or cruelly treated animals or with any person found to be suitable or worthy of the responsibility by the court.
2. If, after hearing, the court finds that the animal is so injured or diseased, the court may order the animal into the care of a licensed veterinarian to provide the animal with appropriate treatment.
3. If, after hearing, the court finds that the animal is not neglected or cruelly treated, it may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care or, if the owner(s) or person(s) is unknown or unwilling to resume caring for the animal, it may transfer ownership of the animal in any state, municipal, or other public or private agency or person found to be suitable or worthy of the responsibility.
4. If the court renders a final decision under subsection (a) or (b) of this section, the agency or person with whom the bond was posted shall return the balance, if any, of the bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the number of days less than thirty (30) that the agency or person has not had temporary care and custody of the animal.
5. If the court makes a finding pursuant to subsection (c) of this section after the issuance of an order of temporary care and custody pursuant to § 4-1.2-3 and the owner(s) of the animal has posted a bond pursuant to § 4-1.2-4(b) , the agency or person with whom the bond was posted shall return all the bond(s) to the owner(s).
6. Unless the court finds that there was no probable cause to institute a complaint that the animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in providing proper food, shelter, and care to an animal it has seized pursuant to this chapter and the expense incurred by any state, municipal, or other public or private agency or person in providing temporary care and custody to an animal pursuant to the provisions of this chapter shall be determined by calculating the average costs from three (3) providers of the necessary equivalent services related to the veterinary care, sheltering, feeding, and board in the state, which was provided to the animal.

History of Section. P.L. 2019, ch. 180, § 1; P.L. 2019, ch. 242, § 1.

4-2-1. Title.

This chapter shall be known as the “Rhode Island Commercial Feed Law of 1977”.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-2. Enforcing official.

This chapter shall be administered by the director of the department of environmental management of the state or his or her authorized agent, referred to as the director.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-3. Definitions.

When used in this chapter:

1. “Brand name” means any word, name, symbol, or device, or any combination identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
2. “Commercial feed” means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of § 4-2-7 , which are distributed for use as feed or for mixing in feed. The director by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when those commodities, compounds, or substances are not inter-mixed or mixed with other materials, and are not adulterated within the meaning of § 4-2-7 .
3. “Contract feeder” means a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby that commercial feed is supplied, furnished, or otherwise provided to that person and whereby that person’s remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.
4. “Customer formula feed” means commercial feed which consists of a mixture of commercial feeds and/or ingredients each batch of which is manufactured according to the specific instructions of the final purchaser.
5. “Distribute” means to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
6. “Distributor” means any person who distributes.
7. “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body.
8. “Feed ingredient” means each of the constituent materials making up a commercial feed.
9. “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
10. “Labeling” means all labels and other written, printed, or graphic matter:
    1. Upon a commercial feed or any of its containers or wrapper; or
    2. Accompanying that commercial feed.
11. “Manufacture” means to grind, mix, or blend, or further process a commercial feed for distribution.
12. “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
13. “Official sample” means a sample of feed taken by the director or his or her agent in accordance with § 4-2-10(c) , (e), or (f).
14. “Percent” or “percentages” means percentages by weights.
15. “Person” means individual, partnership, corporation, and association.
16. “Pet” means any domesticated animal normally maintained in or near the household(s) of the owner(s).
17. “Pet food” means any commercial feed prepared and distributed for consumption by pets.
18. “Product name” means the name of the commercial feed which identifies it as to kind, class, or specific use.
19. “Specialty pet” means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.
20. “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.
21. “Ton” means a net weight of two thousand (2,000) pounds avoirdupois.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-4. Registration.

1. No person shall manufacture a commercial feed in this state, unless he or she has filed with the director on forms provided by the director, his or her name, place of business and location of each manufacturing facility in this state.
2. No person shall distribute in this state a commercial feed except a customer formula feed, which has not been registered pursuant to this section. The application for registration, accompanied by a sixty dollar ($60.00) per brand registration fee, shall be submitted in the manner prescribed by the director, on forms furnished by the director. A tag, label, or facsimile for each brand to be registered must accompany the application. Upon approval by the director, the registration shall be issued to the applicant. All registrations expire on the 31st day of December of each year.
3. The director is empowered to refuse registration of any commercial feed not in compliance with this chapter and to cancel any registration subsequently found not to be in compliance with any provisions of this chapter provided, that no registration shall be refused or canceled unless the registrant has been given an opportunity to be heard before the director and to amend his or her application in order to comply with the requirements of this chapter.
4. Changes of either chemical or ingredient composition of a registered commercial feed may be permitted with no new registration required provided there is satisfactory evidence that those changes would not result in a lowering of the guaranteed analysis of the product for the purpose for which designed, and provided a new label is submitted to the director notifying the director of the change.
5. All moneys received by the director under this chapter shall be deposited as general revenues and shall consist of all fertilizer registration and tonnage fees paid pursuant to §§ 2-7-4 and 2-7-6 and fees paid pursuant to § 4-2-4 .
6. All moneys appropriated for the feed and fertilizer quality testing program shall be made available for the following purposes:
   1. To support the feed and fertilizer testing laboratory for the testing and analysis of commercial feeds distributed within this state for the expressed purpose of detection of deficiency.
   2. For payment of ancillary services, personnel and equipment incurred in order to carry out the purposes of quality assurance defined by this chapter.

History of Section. P.L. 1977, ch. 170, § 2; P.L. 1989, ch. 349, § 2; P.L. 1992, ch. 133, art. 22, § 2; P.L. 1995, ch. 370, art. 40, § 3; P.L. 2004, ch. 595, art. 33, § 2.

4-2-5. Labeling.

A commercial feed shall be labeled as follows:

1. In the case of a commercial feed, except a customer formula feed, it shall be accompanied by a label bearing the following information:
   1. The net weight.
   2. The product name and the brand name, if any, under which the commercial feed is distributed.
   3. The guaranteed analysis stated in any terms that the director by regulation requires to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods such as the method published by the association of official analytical chemists (AOAC).
   4. The common or usual name of each ingredient used in the manufacture of the commercial feed. The director by regulation may permit the use of a collective term for a group of ingredients which perform a similar function, or he or she may exempt any commercial feeds, or any group of commercial feeds, from the requirement of an ingredient statement if he or she finds that this statement is not required in the interest of consumers.
   5. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
   6. Adequate directions for use for all commercial feeds containing drugs and for any other feeds as the director may require by regulation as necessary for their safe and effective use.
   7. Any precautionary statement that the director by regulation determines is necessary for the safe and effective use of the commercial feed.
2. In the case of a customer formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
   1. Name and address of the manufacturer.
   2. Name and address of the purchaser.
   3. Date of delivery.
   4. The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used.
   5. Adequate directions for use for all customer formula feeds containing drugs and for any other feeds as the director may require by regulation as necessary for their safe and effective use.
   6. Any precautionary statements that the director by regulation determines are necessary for the safe and effective use of the customer formula feed.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-6. Misbranding.

A commercial feed is deemed to be misbranded:

1. If its labeling is false or misleading in any particular.
2. If it is distributed under the name of another commercial feed.
3. If it is not labeled as required in § 4-2-5 .
4. If it purports to be or is represented as a commercial feed, or it purports to contain or is represented as containing a commercial feed ingredient, unless that commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the director.
5. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed with the conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in the terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-7. Adulteration.

A commercial feed is deemed to be adulterated:

1. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of that substance in the commercial feed does not ordinarily render it injurious to health.
2. If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of § 406 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346), other than one which is:
   1. A pesticide chemical in or on a raw agricultural commodity; or
   2. A food additive.
3. If it is, or it bears or contains any food additive which is unsafe within the meaning of § 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348).
4. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of § 408(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a(a)). Where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under § 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a) and that raw agricultural commodity has been subject to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of that pesticide chemical remaining in or on that processed feed is not deemed unsafe if that residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of that residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of that processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of § 408(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a(a)).
5. If it is, or it bears or contains any color additive which is unsafe within the meaning of § 706 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 376).
6. If any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance substituted.
7. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
8. If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the director to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating those regulations, the director shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), unless he or she determines that they are not appropriate to the conditions which exist in this state.
9. If it contains viable weed seeds in amounts exceeding the limits which the director shall establish by rule or regulation.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-8. Prohibited acts.

The following acts and the causing of these acts within the state are prohibited:

1. The manufacture or distribution of any commercial feed that is adulterated or misbranded.
2. The adulteration or misbranding of any commercial feed.
3. The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of § 4-2-7 .
4. The removal or disposal of a commercial feed in violation of an order under § 4-2-11 .
5. The failure or refusal to register in accordance with § 4-2-4 .
6. Failure to file any report required by this chapter or the regulations promulgated under this chapter.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-9. Rules and regulations.

1. The director is authorized to make appropriate regulations requiring the maintenance of records, as may be deemed necessary, setting forth the number of net tons of commercial feed distributed in the state. The director has the right to examine any records to verify statements of tonnage.
2. The director is authorized to promulgate any rules and regulations for commercial feeds and pet foods that are specifically authorized in this chapter and any other reasonable rules and regulations necessary for the efficient enforcement of this chapter. In the interest of uniformity the director shall by regulation adopt, unless he or she determines that they are inconsistent with the provisions of this chapter or are not appropriate to conditions which exist in this state, the following:
   1. The official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and
   2. Any regulations promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.); provided, that the director would have the authority under this chapter to promulgate those regulations.
3. Before the issuance, amendment, or repeal of any rule or regulation authorized by this chapter, the director shall publish the proposed regulation, amendment, or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties, including all current registrants, adequate notice and shall afford all interested persons an opportunity to present their views, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rule or regulation or to amend or to repeal an existing rule or regulation. The provisions of this subsection notwithstanding, if the director, pursuant to the authority of this chapter, adopts the official definition of feed ingredients or official feed terms as adopted by the association of American feed control officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), any amendment or modification adopted by the association of American feed control officials or by the secretary of human services in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), shall be adopted automatically under this chapter without regard to the publication of the notice required by this subsection unless the director, by order, specifically determines that the amendment or modification shall not be adopted.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-10. Inspection, sampling, and analysis.

1. For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to those provisions, officers or employees designated by the director, upon presenting appropriate credentials, and a written notice to the owner, operator, or agent in charge, are authorized:
   1. To enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold those feeds; and
   2. To inspect at reasonable times and within reasonable limits and in a reasonable manner the factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling. The inspection may include the verification of only those records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under § 4-2-9(a) .
2. A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
3. If the officer or employee making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection upon completion of the inspection and prior to leaving the premises he or she shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
4. If the owner of any factory, warehouse, or establishment described in subsection (a), or the owner’s agent, refuses to admit the director or the director’s agent to inspect in accordance with subsections (a) and (b), the director is authorized to obtain from the attorney general a warrant directing the owner or the owner’s agent to submit the premises described in the warrant to inspection.
5. For the purpose of the enforcement of this chapter, the director or the director’s designated agent is authorized to enter upon public or private premises including any vehicle of transport during regular business hours to have access to, and obtain samples, and to examine records relating to distribution of commercial feeds.
6. Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods.
7. The results of all analysis of official samples shall be forwarded by the director to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty (30) days following receipt of the analysis the director shall furnish to the registrant a portion of the sample concerned.
8. The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in § 4-2-3(13) and obtained and analyzed as provided for in subsections (c), (e), and (f) of this section.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-11. Withdrawal, condemnation, and confiscation of commercial feeds.

1. Withdrawal from distribution orders.  When the director or the director’s authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, he or she may issue and enforce a written or printed withdrawal from distribution order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or the court. The director shall release the lot of commercial feed so withdrawn when those provisions and regulations have been complied with. If compliance is not obtained within thirty (30) days, the director may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
2. Condemnation and confiscation.  Any lot of commercial feed not in compliance with those provisions and regulations shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed is in violation of this chapter and orders the condemnation of that commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-12. Penalties.

1. Any person convicted of violating any of the provisions of this chapter or who impedes, hinders, or otherwise prevents, or attempts to prevent, the director or his or her authorized agent in performance of his or her duty in connection with the provisions of this chapter shall be adjudged guilty of a misdemeanor and be fined not less than one hundred dollars ($100) or more than two hundred dollars ($200) for the first violation, and not less than two hundred dollars ($200) or more than five hundred dollars ($500) for each subsequent violation.
2. Nothing in this chapter shall be construed as requiring the director or the director’s representative to:
   1. Report for prosecution;
   2. Institute seizure proceedings; or
   3. Issue a withdrawal from distribution order, as a result of minor violations of the chapter, or when he or she believes the public interest will best be served by suitable notice of warning in writing.
3. It shall be the duty of the attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports violations for prosecution, an opportunity shall be given the distributor to present his or her view to the director.
4. The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
5. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within forty-five (45) days bring action in superior court in the county where the enforcement official has his or her office for judicial review of those actions. The form of the proceeding is any which may be provided by the statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy of a form of proceeding, any applicable form of legal action, including actions for declaratory judgments or writs or prohibitory or mandatory injunctions.
6. Any person who uses to his or her own advantage, or reveals to other than the director, or the director’s authorized agent(s), or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor and shall on conviction be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year or both. This prohibition shall not be deemed as prohibiting the director, or his or her authorized agent(s), from exchanging information of a regulatory nature with appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-13. Cooperation with other entities.

The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-14. Publication of information.

The director shall publish at least annually, in any forms that he or she may deem proper, information he or she may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label. The information concerning production and use of commercial feed shall not disclose the operations of any person.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-15. Severability.

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, that judgment shall not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, or part of the chapter directly involved in the controversy in which that judgment has been rendered.

History of Section. P.L. 1977, ch. 170, § 2.

4-2-16 — 4-2-18. Repealed.

4-3-1. Definitions.

For the purpose of §§ 4-3-1 — 4-3-11 the following words shall have the meanings ascribed to them in this section:

1. “Director” means the director of environmental management or the director’s authorized agent.
2. “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods including animal carcasses or parts,
3. “Person” means the state, any municipality, political subdivision, institution, public or private corporation, individual, partnership, or other entity.

History of Section. P.L. 1954, ch. 3355, § 1; G.L. 1956, § 4-3-1 ; P.L. 1987, ch. 78, § 13.

4-3-2. Applicability of §§ 4-3-1 — 4-3-11.

Sections 4-3-1 — 4-3-11 shall apply to any person or persons who feeds garbage, other than from his or her own domestic household, to more than four (4) swine.

History of Section. P.L. 1954, ch. 3355, § 2; G.L. 1956, § 4-3-2 .

4-3-3. Permit required to feed garbage.

No person shall feed garbage to swine without first securing a permit from the director. This permit shall be renewed on the first day of July of each year.

History of Section. P.L. 1954, ch. 3355, § 2; G.L. 1956, § 4-3-3 .

4-3-4. Application for permit — Fee.

Any person desiring to obtain a permit to feed garbage to swine shall make written application to the director in accordance with the requirements of the director. At the time of filing an application, the applicant shall pay to the director a permit fee in the sum of five dollars ($5.00) for the general use of the state.

History of Section. P.L. 1954, ch. 3355, § 3; G.L. 1956, § 4-3-4 ; P.L. 1960, ch. 74, § 3.

4-3-5. Requirements for permit.

The following conditions are required for a garbage feeding permit:

1. The feeding area is equipped with a cement base or constructed of other material approved by the director;
2. The feeding area or platforms shall be constructed as to be readily cleaned daily, and to allow for all refuse to be disposed of;
3. Housing meets existing sanitary and humane standards, regarding ventilation, drainage, and warmth;
4. Premises upon which swine are kept must be kept clean and sanitary and meet the regulations of the director.

History of Section. P.L. 1954, ch. 3355, § 4; G.L. 1956, § 4-3-5 .

4-3-6. Cooking or treatment of garbage.

All garbage, regardless of previous processing, shall, before being fed to swine, be thoroughly heated to two hundred twelve degrees Fahrenheit (212 degrees F.) for at least thirty (30) minutes, unless treated in some other manner which shall be approved in writing by the director as being equally effective for the protection of public health.

History of Section. P.L. 1954, ch. 3355, § 6; G.L. 1956, § 4-3-6 .

4-3-7. Revocation or denial of permits.

Upon determination that any person having a permit issued under §§ 4-3-1 — 4-3-11 or who has applied for a permit, has violated or failed to comply with any of the provisions of §§ 4-3-1 — 4-3-11 , or any of the rules or regulations promulgated under these sections, the director may, after notice to the registrant, and after affording the registrant an opportunity to be heard, revoke the permit or refuse to issue a permit to an applicant.

History of Section. P.L. 1954, ch. 3355, § 5; G.L. 1956, § 4-3-7 .

4-3-8. Access of inspectors to property.

Any authorized representative of the director has the power to enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the treating of garbage to be fed to swine as required by §§ 4-3-1 — 4-3-11 .

History of Section. P.L. 1954, ch. 3355, § 7; G.L. 1956, § 4-3-8 .

4-3-9. Maintenance and examination of records.

Any authorized representative of the director may examine any records or memoranda pertaining to the feeding of garbage to swine. The director may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of those records shall be submitted to the director on request.

History of Section. P.L. 1954, ch. 3355, § 7; G.L. 1956, § 4-3-9 .

4-3-10. Enforcement — Rules and regulations.

The director is hereby charged with administration and enforcement of the provisions of §§ 4-3-1 — 4-3-11 and is authorized to make and enforce all rules and regulations which the director deems necessary to carry out the purposes of §§ 4-3-1 — 4-3-11 .

History of Section. P.L. 1954, ch. 3355, § 8; G.L. 1956, § 4-3-10 .

4-3-11. Penalty for violations.

Any person who violates any of the provisions of, or who fails to perform any duty imposed by §§ 4-3-1 — 4-3-11 or who violates any rule or regulation promulgated under these sections is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than two hundred dollars ($200). In addition, that person may be enjoined from continuing that violation. Each day upon which that violation occurs constitutes a separate violation.

History of Section. P.L. 1954, ch. 3355, § 9; G.L. 1956, § 4-3-11 .

4-3-12. Approval of feeding sites by a city or town council.

No swine shall be kept in any city or town, to be fed on swill, offal or other decaying substances, brought from any other city or town, except in a place in the city or town as is designated by the city or town council. Any person violating this section is liable to the penalty prescribed in § 23-23.5-11 .

History of Section. G.L. 1896, ch. 91, §§ 14, 15; G.L. 1909, ch. 107, §§ 14, 15; G.L. 1923, ch. 119, §§ 14, 15; G.L. 1938, ch. 601, §§ 13,14; G.L. 1956, § 4-3-12 .

4-3-13. Carrying of swill into Middletown.

No person shall carry any house offal or swill into the town of Middletown, or permit the swill or offal so carried to be fed to swine on his or her premises, or to be deposited on or spread upon his or her land, in that town. Nothing in this section shall be construed to prevent the carrying of swill or house offal through the town of Middletown to any other town. Any person violating any of the provisions of this section shall be for every offense fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding three (3) months.

History of Section. G.L. 1896, ch. 282, § 4; G.L. 1909, ch. 348, § 3; G.L. 1923, ch. 400, § 3; G.L. 1938, ch. 611, § 3; G.L. 1956, § 4-3-13 .

4-4-1. Appointment of inspectors to inspect diseased animals — Quarantine — Veterinarians.

The director of environmental management may appoint one or more inspectors in the state, whose duty it is to visit and inquire into the condition of any domestic animal in the state whenever there is reason to suspect that any domestic animal, the carcass of any domestic animal or tissues or products, is affected with tuberculosis, or other contagious, infectious, or communicable disease; and the inspectors are authorized to quarantine any diseased domestic animal, the carcass of any diseased domestic animal, or restrict the movement of any tissues or products produced by any domestic animal until such quarantine or movement restriction is released by a veterinarian employed by the director. The director may also employ, from time to time, any number of veterinary surgeons that he or she may find necessary to carry out the purposes of this chapter.

History of Section. G.L. 1896, ch. 99, §§ 8, 9; P.L. 1896, ch. 344, § 4; G.L. 1909, ch. 120, §§ 8, 9; G.L. 1923, ch. 241, §§ 8, 9; P.L. 1927, ch. 971, § 1; G.L. 1938, ch. 207, § 1; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-1 ; P.L. 2014, ch. 143, § 1.

4-4-1.1. Animals defined.

This chapter shall apply to all domestic animals defined in § 4-13.1-2(2) and any animal that the director of the department of environmental management has waived from the permit requirement in accordance with § 4-18-3 .

History of Section. P.L. 2014, ch. 143, § 2.

4-4-2. Compensation of commissioners and veterinarians — Duties — Removal.

Subject to chapter 4 of title 36, the director of environmental management is authorized to fix the compensation of the cattle commissioners and veterinary surgeons, to prescribe their duties, and to remove them when deemed expedient.

History of Section. G.L. 1896, ch. 99, § 22; P.L. 1904, ch. 1156, § 6; G.L. 1909, ch. 120, § 28; G.L. 1923, ch. 241, § 28; G.L. 1938, ch. 207, § 21; impl. am. P.L. 1952, ch. 2975, §§ 12, 17; G.L. 1956, § 4-4-2 .

4-4-3. Reporting of diseased animals — Destruction.

Any owner of an animal suspected of having an animal disease determined by the director of environmental management to be contagious or injurious to public health or to the health of other animals, or any veterinarian who treats that animal, or any other person or institution having knowledge of a diseased animal, shall make a report of that information to the state department of environmental management in any manner and form as the department prescribes by regulation. The director of environmental management shall promulgate by rule a list of those animals determined to be contagious or injurious. The director of environmental management, if he or she determines an animal to have a contagious or communicable disease, shall cause that animal to be killed and the carcass to be disposed of in any manner as not to be detrimental to the public health.

History of Section. G.L. 1896, ch. 99, § 10; P.L. 1904, ch. 1156, § 1; P.L. 1906, ch. 1354, § 1; G.L. 1909, ch. 120, § 10; G.L. 1923, ch. 241, § 10; G.L. 1938, ch. 241, § 9; P.L. 1927, ch. 971, § 1; G.L. 1938, ch. 207, § 2; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-3 ; P.L. 1962, ch. 42, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1.

4-4-4. Repealed.

History of Section. G.L. 1896, ch. 99, § 15; G.L. 1909, ch. 120, § 21; G.L. 1923, ch. 241, § 21; G.L. 1938, ch. 207, § 14; G.L. 1956, § 4-4-4 ; Repealed by P.L. 1962, ch. 42, § 2.

4-4-5. Right of entry where disease suspected.

The director of the department of environmental management or the director’s duly authorized representatives, having reason to suspect the existence of any of the diseases mentioned in this chapter upon any grounds or premises, are hereby authorized and empowered to enter upon those grounds or premises for the enforcement of the provisions of this chapter.

History of Section. G.L. 1896, ch. 99, § 17; G.L. 1909, ch. 120, § 23; G.L. 1923, ch. 241, § 23; G.L. 1938, ch. 207, § 16; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-5 .

4-4-6. Repealed.

History of Section. G.L. 1896, ch. 99, § 12; P.L. 1904, ch. 1156, § 3; G.L. 1909, ch. 120, § 12; G.L. 1923, ch. 241, § 12; G.L. 1958, ch. 207, § 5; Repealed by P.L. 1962, ch. 54, § 2.

4-4-7. Compensation for condemned equine animals.

For every horse, ass, or mule condemned and killed as affected with glanders or farcy there shall be paid a sum not to exceed fifty dollars ($50.00); provided, however, that no payment is made under the authority of this section for any horse, ass or mule that has not been owned in the state for the period of six (6) months next preceding the condemnation.

History of Section. G.L. 1909, ch. 120, § 31, as enacted by P.L. 1917, ch. 1539, § 1; G.L. 1923, ch. 241, § 31; G.L. 1938, ch. 207, § 23; G.L. 1956, § 4-4-7 .

4-4-8. Exposure of diseased animals to contact with healthy animals.

No person having the care or custody of any animal having any one of the diseases mentioned in this chapter or chapter 5 of this title, shall, knowing the animal to have any of the diseases mentioned in this chapter or chapter 5 of this title, sell or exchange, or permit the removal, use or driving of that animal upon any public highway, or the exposure of that animal to contact with any other healthy animal of the same kind, except by permission of the director of environmental management. Any person so doing is deemed guilty of a misdemeanor, and on being convicted shall be fined not exceeding one hundred dollars ($100).

History of Section. G.L. 1896, ch. 99, § 16; G.L. 1909, ch. 120, § 22; G.L. 1923, ch. 241, § 22; G.L. 1938, ch. 207, § 15; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-8 .

4-4-9. Sale, use, or exposure of diseased animals — Refusal to destroy.

A person who willfully sells or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the life or health of human beings or animals, or which is diseased past recovery, or who refuses upon demand of the general agent or any special agent of the society for the prevention of cruelty to animals humanely to destroy an animal affected with any of those diseases shall, for each offense, be punished in the manner provided in § 4-1-2 .

History of Section. G.L. 1956, ch. 640, § 20; P.L. 1945, ch. 1651, § 2; G.L. 1956, § 4-4-9 .

4-4-10. Sale of diseased or disabled animals.

It is unlawful for any person holding an auctioneer’s license knowingly to receive or offer for sale or to sell at public auction, other than at a sheriff’s or judicial sale under a court order, or for any person to sell or offer for sale at private sale, any animal which is suffering from any disability, lameness or disease, and any person violating any provision of this section shall, for each offense, be punished in the manner provided in § 4-1-2 .

History of Section. G.L. 1956, ch. 640, § 21; P.L. 1945, ch. 1651, § 2; G.L. 1956, § 4-4-10 .

4-4-11. Interference with enforcement — Violation of quarantine.

Any person or persons who shall willfully or intentionally interfere with any officers, duly authorized to carry out the provisions of this chapter is deemed guilty of a misdemeanor, and upon conviction is liable to imprisonment not exceeding three (3) months, or a fine not exceeding one hundred dollars ($100), or both, at the discretion of the court.

History of Section. G.L. 1896, ch. 99, § 21; G.L. 1909, ch. 120, § 27; G.L. 1923, ch. 241, § 27; G.L. 1938, ch. 207, § 20; G.L. 1956, § 4-4-11 .

4-4-12. Cooperation with federal government in suppression of diseases.

The governor is authorized to accept on behalf of the state the rules and regulations prepared by the secretary of agriculture under and in pursuance of § 3, 21 U.S.C. § 114, of an act of congress approved May 29, 1884, entitled “An act for the establishment of a bureau of animal industry, to prevent the exportation of diseased cattle, and to provide means for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals”, 21 U.S.C. § 113 et seq., and to cooperate with the authorities of the United States in the provisions of that act.

History of Section. G.L. 1896, ch. 99, § 18; G.L. 1909, ch. 120, § 24; G.L. 1923, ch. 241, § 24; G.L. 1938, ch. 207, § 17; G.L. 1956, § 4-4-12 .

4-4-13. Powers of federal and state inspectors — Assistance by peace officers.

The inspectors of the state department of environmental management and the department of agriculture of the United States, in cooperation with the state department of environmental management, or with any agent of the state, has the right of inspection, quarantine, and condemnation of animals affected with any contagious, infectious, or communicable disease, or suspected to be affected, or that have been exposed to any contagious, infectious, or communicable disease, and for these purposes are authorized and empowered to enter upon any grounds or premises. The director of agriculture or inspectors of the United States department of agriculture, in cooperation with the state department of environmental management, or with any agent of the state department of environmental management have the power to call on deputy sheriffs, constables, and peace officers to assist them in the discharge of their duties in carrying out the provisions of the act of congress approved May 29, 1884, 21 U.S.C. § 113 et seq., establishing the bureau of animal industry, or the provisions of the department of environmental management, and it is made the duty of deputy sheriffs, constables, and peace officers to assist those inspectors or agents when requested, and those inspectors or agents have the same power and protection as peace officers while engaged in the discharge of their duties.

History of Section. G.L. 1896, ch. 99, § 19; P.L. 1904, ch. 1156, § 5; G.L. 1909, ch. 120, § 25; G.L. 1923, ch. 241, § 25; G.L. 1938, ch. 207, § 18; G.L. 1956, § 4-4-13 ; P.L. 1962, ch. 54, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 2012, ch. 324, § 11.

4-4-14. State immunity.

The state is not liable for any damages or expenses incurred under §§ 4-4-12 and 4-4-13 .

History of Section. G.L. 1896, ch. 99, § 20; G.L. 1909, ch. 120, § 26; G.L. 1923, ch. 241, § 26; G.L. 1938, ch. 207, § 19; G.L. 1956, § 4-4-14 .

4-4-15. Cooperation in federal Bang’s disease plan.

The state department of environmental management shall cooperate with the United States government in connection with the prevailing federal plan for the control and eradication of Bang’s disease and that department may make reasonable rules and regulations governing the control and eradication of Bang’s disease including federal approved vaccinal procedures; and the general assembly shall annually appropriate any sum as it may deem necessary to carry out the purposes in the operation of a plan for the payment of positive reactors to the Bang’s disease test and the eradication of that contagious and infectious disease.

History of Section. G.L. 1956, ch. 207, § 28; P.L. 1941, ch. 1017, § 1; G.L. 1956, § 4-4-15 .

4-4-16. Compensation for animals killed in Bang’s disease program.

Sections 4-5-1 — 4-5-6 shall be construed to include payments for indemnities for animals killed, and for the testing and administration expense incurred, due to the prevalence of Bang’s disease.

History of Section. G.L. 1956, ch. 207, § 29; P.L. 1941, ch. 1017, § 1; G.L. 1956, § 4-4-16 .

4-4-17. Importation or exposure of diseased animals.

Any person bringing into the state any neat cattle or other animals which he or she knows to be infected with any infectious or contagious disease, or who exposes the cattle or other animals, known to him or her to be infected, to other cattle and animals not infected with an infectious or contagious disease, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

History of Section. G.L. 1896, ch. 98, § 1; G.L. 1909, ch. 119, § 1; G.L. 1923, ch. 245, § 1; G.L. 1938, ch. 206, § 1; G.L. 1956, § 4-4-17 .

4-4-18. City and town ordinances.

The city and town councils of the several cities and towns may pass any ordinances as they think proper, to prevent the spread of infectious or contagious diseases among cattle and other animals within their cities and towns, and may prescribe penalties for the violation of the ordinances, not exceeding twenty dollars ($20.00) for any one offense.

History of Section. G.L. 1896, ch. 98, § 2; G.L. 1909, ch. 119, § 2; G.L. 1923, ch. 245, § 2; G.L. 1938, ch. 206, § 2; G.L. 1956, § 4-4-18 .

4-4-19. Orders prohibiting importation of animals.

The director of environmental management may prohibit the introduction of any cattle or other domestic animals into the state. Any person who brings, transports or introduces any cattle or other domestic animals into the state, after the director has issued an order forbidding the introduction of that cattle or other domestic animal into the state, or after the director has published for five (5) successive days in any newspapers published in this state as the director may direct, an order forbidding that introduction, shall be fined not exceeding three hundred dollars ($300) for every offense, and every officer or agent of any company or other person, who violates that order, is subject to the fine. In case of the introduction into the state of cattle or other domestic animals, contrary to the order of the director, the introduction of each animal is deemed a separate and distinct offense.

History of Section. G.L. 1896, ch. 98, § 3; G.L. 1909, ch. 119, § 3; G.L. 1923, ch. 245, § 3; G.L. 1938, ch. 206, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-19 .

4-4-20. Publication of information on diseases.

The director of environmental management shall endeavor to obtain full information in relation to any contagious disease which may prevail among cattle or other domestic animals near the borders of the state, and shall publish and circulate that information in his or her discretion. Should any contagious disease break out, or should there be reasonable suspicion of its existence among cattle or other domestic animals in any city or town in the state, he or she shall examine the cases, and publish the result of his or her examination, for the benefit of the public.

History of Section. G.L. 1896, ch. 98, § 4; G.L. 1909, ch. 119, § 4; G.L. 1923, ch. 245, § 4; G.L. 1938, ch. 206, § 4; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-20 .

4-4-21. Inspectors on roads and railroads.

The director may appoint suitable and discreet persons, on or near the several highways, turnpike roads, railroads, and thoroughfares in the state, who shall inquire into all violations of this chapter and report those violations to the director.

History of Section. G.L. 1896, ch. 98, § 5; G.L. 1909, ch. 119, § 5; G.L. 1923, ch. 245, § 5; G.L. 1938, ch. 206, § 5; G.L. 1956, § 4-4-21 .

4-4-22. Sale of infected animals or milk.

Any person who sells or offers to sell any cattle or other domestic animals, or any part of these animals, known to him or her to be infected with any contagious disease, or with any disease dangerous to the public health, or who sells or offers to sell any milk from any infected cattle or other domestic animals, shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding two (2) years, or both, in the discretion of the court.

History of Section. G.L. 1896, ch. 98, § 6; G.L. 1909, ch. 119, § 6; G.L. 1923, ch. 245, § 6; G.L. 1938, ch. 206, § 6; G.L. 1956, § 4-4-22 .

4-4-23. Regulations for suppression of disease.

The director of environmental management may make all necessary regulations for the prevention, treatment, cure, and extirpation of any disease, and any person who fails to comply with any regulation made shall be fined not exceeding three hundred dollars ($300) or be imprisoned not exceeding one year.

History of Section. G.L. 1896, ch. 98, § 7; G.L. 1909, ch. 119, § 7; G.L. 1923, ch. 245, § 7; G.L. 1938, ch. 206, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-23 .

4-4-24. State rules paramount to local.

Whenever the director of environmental management makes and publishes any regulations concerning the extirpation, cure, or treatment of cattle or other domestic animals infected with, or which have been exposed to any contagious disease, those regulations shall supersede the regulations made by the authorities of the several towns and cities upon that subject, and the operation of those regulations made by those authorities shall be suspended during the time those made by the director are in force.

History of Section. G.L. 1896, ch. 98, § 8; G.L. 1909, ch. 119, § 8; G.L. 1923, ch. 245, § 8; G.L. 1938, ch. 206, § 8; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-24 .

4-4-25. Signature of orders and notices.

All orders, appointments and notices from the director of environmental management, except the order of notice provided for in § 4-4-19 , shall bear his or her signature.

History of Section. G.L. 1896, ch. 98, § 9; G.L. 1909, ch. 119, § 9; G.L. 1923, ch. 245, § 9; G.L. 1938, ch. 206, § 9; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-4-25 .

4-4-26. Limitation of prosecutions.

All prosecutions for offenses against the provisions of §§ 4-4-17 — 4-4-25 shall be commenced within thirty (30) days after the offense has been committed, and not afterwards.

History of Section. G.L. 1896, ch. 98, § 10; G.L. 1909, ch. 119, § 10; G.L. 1923, ch. 245, § 10; G.L. 1938, ch. 206, § 10; G.L. 1956, § 4-4-26 .

4-4-27. Certification of turtles as free of salmonellosis required.

All turtles being sold in this state shall be certified by the seller as being free from salmonellosis. Any person knowingly violating this section shall upon conviction, be fined not less than twenty dollars ($20.00) nor more than two hundred dollars ($200).

History of Section. P.L. 1972, ch. 209, § 1.

4-4.1-1. Definitions.

As used in this chapter, the following terms have the following meanings:

1. “CEM” means contagious equine metritis.
2. “Director” means the director of the department of environmental management.
3. “Department” means the department of environmental management.
4. “Equine” means horses, including ponies, mules and donkeys.
5. “State veterinarian” means a veterinarian employed or designated by the department.

History of Section. P.L. 1999, ch. 464, § 1.

4-4.1-2. Quarantine procedure.

Any person who wishes to establish a quarantine facility in this state for any equine imported from a CEM affected country shall have the proposed facility inspected and approved by the department.

A representative of the department shall, upon request, make an initial visit to the proposed facility and make recommendations for any changes required. The owner or manager shall then submit a drawing of the farm as well as a detailed to scale drawing of all buildings, paddocks, pastures, and tracks intended for quarantine use. Upon receipt of these drawings the state veterinarian shall make an inspection and, if notified the facility is adequate, approve its use as a quarantine facility.

History of Section. P.L. 1999, ch. 464, § 1.

4-4.1-3. Regulations.

The director may adopt regulations to carry out the intent of this chapter, which may include, without limitation, provisions relating to quarantine facilities, staff and procedures, laboratory and testing procedures, and the handling of equines, equipment and waste material handling.

History of Section. P.L. 1999, ch. 464, § 1.

4-4.1-4. Fees.

The director may, by regulation, provide for the payment of fees to reimburse the state for the hourly expense of the state veterinarian or agent and his or her travel and administrative expense, incurred in carrying out the responsibilities provided for by the chapter and any applicable federal law or regulation.

History of Section. P.L. 1999, ch. 464, § 1.

4-4.1-5. Violations — Penalties.

Any person found guilty of violating any provision of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor and may be fined not more than one thousand dollars ($1,000) for each violation.

History of Section. P.L. 1999, ch. 464, § 1.

4-5-1. Report of affected animal — Test.

Whenever the owner of any bovine animal suspects that animal to be affected with tuberculosis, and, in writing, requests the director of environmental management to inspect the animal, or if the director suspects any bovine animal to be affected with tuberculosis, the director shall immediately direct a veterinarian to inspect and test that animal on a specified day. The test in all cases shall be a tuberculin test conforming to the standards of the United States department of agriculture.

History of Section. G.L. 1896, ch. 99, § 10; P.L. 1904, ch. 1156, § 1; P.L. 1906, ch. 1354, § 1; G.L. 1909, ch. 120, § 10; G.L. 1923, ch. 241, § 10; P.L. 1927, ch. 971, § 1; G.L. 1938, ch. 207, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-1 .

4-5-2. Identification of reactors.

Any animal showing a positive reaction to a tuberculin test shall be classified as a reactor and be identified in a manner which is recommended by the United States livestock sanitary association, and the animal disease eradication branch of the agricultural research service, United States department of agriculture.

History of Section. G.L. 1956, ch. 207, § 3A; P.L. 1956, ch. 3788, § 1; G.L. 1956, § 4-5-2 .

4-5-3. Condemnation of diseased animals.

If a tuberculin test indicates that an animal is affected with tuberculosis, or if, even though the animal fails to react to that test, the veterinarian shall condemn the animal as affected with tuberculosis, the animal shall at once be appraised under § 4-5-4 and killed in the presence of the director or veterinarian and the owner, or if the owner is not present, then in the presence of the person who has charge of the animal for the owner and its carcass shall be disposed of in a manner not to be detrimental to the public health.

History of Section. G.L. 1896, ch. 99, § 10; P.L. 1904, ch. 1156, § 1; P.L. 1906, ch. 1354, § 1; G.L. 1909, ch. 120, § 10; G.L. 1923, ch. 241, § 10; P.L. 1927, ch. 971, § 1; G.L. 1938, ch. 207, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-3 .

4-5-4. Appraisal of condemned animals.

1. For the purposes of § 4-5-3 , the veterinarian and the agent assigned by the director shall constitute the board of appraisers, and the estimate of value by those two (2) persons is final, except as otherwise provided. Written notice of the amount of the appraisal, signed by the board of appraisers, is to be immediately given to the owner or claimant of the animal. Any party aggrieved by an award made under this section may appeal to the director of environmental management within five (5) days after the receipt of the notice.
2. Appraisals are based upon current receipts at nearby public auctions or public sales.

History of Section. G.L. 1896, ch. 99, § 11; P.L. 1904, ch. 1156, § 2; G.L. 1909, ch. 120, § 11; P.L. 1917, ch. 1542, § 1; P.L. 1921, ch. 2103, § 1; G.L. 1923, ch. 241, § 11; P.L. 1929, ch. 1308, § 1; G.L. 1938, ch. 207, § 4; G.L. 1956, § 4-5-4 ; P.L. 1973, ch. 174, § 1; P.L. 1982, ch. 78, § 2.

4-5-5. Sale of carcasses of condemned animals.

The director of environmental management is authorized to sell the carcass of any animal killed as tuberculous, when in the opinion of the board of appraisers that sale should be permitted. The proceeds of that sale shall be paid to the owner of the animal killed in accordance with this chapter, after deducting from those proceeds the cost of slaughtering or transporting the animal to a slaughterhouse and other expenses incident to the killing and selling of the animal.

History of Section. G.L. 1923, ch. 120, § 11; P.L. 1921, ch. 2103, § 1; G.L. 1923, ch. 241, § 11; P.L. 1929, ch. 1308, § 1; G.L. 1938, ch. 207, § 4; G.L. 1956, § 4-5-5 .

4-5-6. Payment for condemned animals — Prerequisites.

In the case of any bovine animal condemned as having any infectious, contagious, or communicable disease considered dangerous to livestock or public health, upon receipt of a post mortem examination, conducted by a veterinarian approved by the department of environmental management or one licensed to practice veterinary medicine in this state, the state may pay to the owner an indemnity not to exceed the difference between the appraised value of each animal destroyed less the net salvage received by the owner and any funds received from federal indemnity payments. No payment shall exceed five hundred dollars ($500), and any joint state federal indemnity payments plus salvage shall not exceed the appraised value of the animals. No payment shall be made for any animal that is condemned and killed if that animal is from a herd that has not been maintained in accordance with the rules, regulations, and standards of the state, and of any state and federal regulations for the suppression of bovine disease or if that animal has been imported into this state where there has been no compliance with the rules, regulations, and standards of the state governing the requirements for importation. The premises where the diseased animal has been kept shall be thoroughly cleansed and disinfected according to the regulations of the department of environmental management.

History of Section. G.L. 1896, ch. 99, § 13; P.L. 1896, ch. 344, § 1; P.L. 1904, ch. 1156, § 4; G.L. 1909, ch. 120, § 13; G.L. 1923, ch. 241, § 13; P.L. 1926, ch. 788, § 1; P.L. 1927, ch. 971, § 2; P.L. 1929, ch. 1308, § 2; P.L. 1931, ch. 1702, § 1; P.L. 1931, ch. 1786, § 1; G.L. 1938, ch. 207, § 6; G.L. 1956, § 4-5-6 ; R.P.L. 1957, ch. 27, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 1973, ch. 174, § 2; P.L. 1979, ch. 57, § 1.

4-5-7. Repealed.

History of Section. P.L. 1896, ch. 344, § 2; G.L. 1909, ch. 120, § 14; G.L. 1923, ch. 241, § 14; P.L. 1926, ch. 788, § 2; P.L. 1927, ch. 1014, § 2; P.L. 1931, ch. 1786, § 2; P.L. 1934, ch. 2131, § 1; G.L. 1938, ch. 207, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-7 ; Repealed by P.L. 2015, ch. 60, § 1, effective June 16, 2015; P.L. 2015, ch. 64, § 1, effective June 16, 2015.

4-5-8. Repealed.

History of Section. G.L. 1938, ch. 241, § 14; P.L. 1926, ch. 788, § 2; P.L. 1927, ch. 1014, § 2; P.L. 1931, ch. 1786, § 2; P.L. 1934, ch. 2131, § 1; G.L. 1938, ch. 207, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-8 ; Repealed by P.L. 2015, ch. 60, § 1, effective June 16, 2015; P.L. 2015, ch. 64, § 1, effective June 16, 2015.

4-5-9. Animals imported for slaughter.

In the case of animals shipped into Rhode Island for immediate slaughter, the director of environmental management may at his or her discretion waive the filing of the chart and certificate; in those instances the director shall issue a special permit covering those animals for immediate slaughter.

History of Section. G.L. 1938, ch. 241, § 14; P.L. 1931, ch. 1786, § 2; P.L. 1934, ch. 2131, § 1; G.L. 1938, ch. 207, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-9 .

4-5-10. Repealed.

History of Section. P.L. 1896, ch. 344, § 2; G.L. 1909, ch. 120, § 14; G.L. 1923, ch. 241, § 14; P.L. 1926, ch. 788, § 2; P.L. 1927, ch. 1014, § 2; P.L. 1931, ch. 1786, § 2; P.L. 1934, ch. 2131, § 1; G.L. 1938, ch. 207, § 7; G.L. 1956, § 4-5-10 ; Repealed by P.L. 2015, ch. 60, § 1, effective June 16, 2015; P.L. 2015, ch. 64, § 1, effective June 16, 2015.

4-5-11. Repealed.

History of Section. P.L. 1896, ch. 344, § 3; G.L. 1909, ch. 120, § 15; G.L. 1923, ch. 241, § 15; G.L. 1938, ch. 207, § 8; G.L. 1956, § 4-5-11 ; Repealed by P.L. 2015, ch. 60, § 1, effective June 16, 2015; P.L. 2015, ch. 64, § 1, effective June 16, 2015.

4-5-12. Repealed.

History of Section. P.L. 1900, ch. 756, § 1; G.L. 1909, ch. 120, § 16; G.L. 1923, ch. 241, § 16; P.L. 1926, ch. 788, § 3; G.L. 1938, ch. 207, § 9; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-12 ; Repealed by P.L. 2015, ch. 60, § 1, effective June 16, 2015; P.L. 2015, ch. 64, § 1, effective June 16, 2015.

4-5-13. Repealed.

History of Section. P.L. 1900, ch. 756, § 2; G.L. 1909, ch. 120, § 17; G.L. 1923, ch. 241, § 17; G.L. 1938, ch. 207, § 10; G.L. 1956, § 4-5-13 ; Repealed by P.L. 2015, ch. 60, § 1, effective June 16, 2015; P.L. 2015, ch. 64, § 1, effective June 16, 2015.

4-5-14. Quarantine of imported cattle — Intradermic test.

If after the importation of cattle by any person, firm, corporation, or association, the director of environmental management is of the opinion that any of the cattle imported are at risk to be infected with tuberculosis, or if he or she has reason to question the accuracy or reliability of the test charts under which the cattle were imported into this state, or if for any other reason he or she believes any of the cattle so imported may be affected with tuberculosis, the director, if in his or her judgment that action appears advisable, shall place the cattle in quarantine at their destination or at some other suitable place to be designated by the director, and the cattle shall be held in quarantine for a period of not more than ninety (90) days or until released by order of the director within that period. While those cattle are held in quarantine, the director shall cause them to be tested for tuberculosis with tuberculin by the intradermic test.

History of Section. P.L. 1900, ch. 756, § 3; G.L. 1909, ch. 120, § 18; G.L. 1923, ch. 241, § 18; P.L. 1923, ch. 432, § 1; P.L. 1926, ch. 788, § 4; P.L. 1928, ch. 1135, § 1; G.L. 1938, ch. 207, § 11; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-5-14 ; P.L. 2015, ch. 60, § 2; P.L. 2015, ch. 64, § 2.

4-5-15. Slaughter of infected cattle — Release of cattle free from tuberculosis.

If as the result of the test pursuant to § 4-5-14 it is found that any cattle are afflicted with tuberculosis, the diseased cattle shall be immediately slaughtered in the manner provided in § 4-5-3 and the state shall not be required to compensate the owner for their loss but the owner shall pay for testing the cattle with tuberculin. If any cattle are found free from tuberculosis as the result of the test pursuant to § 4-5-14 , they shall be released for the use and benefit of the owner. If any cattle are slaughtered and upon post mortem examination it is found that the slaughtered animal was not afflicted with tuberculosis, then the animal shall be paid for by the state at its full appraised value in accordance with § 4-5-6 .

History of Section. P.L. 1900, ch. 756, § 3; G.L. 1909, ch. 120, § 18; G.L. 1923, ch. 241, § 18; P.L. 1923, ch. 432, § 1; P.L. 1926, ch. 788, § 4; P.L. 1928, ch. 1135, § 1; G.L. 1938, ch. 207, § 11; G.L. 1956, § 4-5-15 .

4-5-16. Penalty for violation of import requirements.

Any person taking cattle out of, or otherwise breaking, the quarantine provided for in § 4-5-14 or violating any other provision of §§ 4-5-12 — 4-5-15 shall be fined not less than twenty dollars ($20.00) nor more than one hundred dollars ($100) or be imprisoned for not more than thirty (30) days, or both.

History of Section. P.L. 1900, ch. 756, § 4; G.L. 1909, ch. 120, § 19; G.L. 1923, ch. 241, § 19; P.L. 1928, ch. 1135, § 2; G.L. 1938, ch. 207, § 12; G.L. 1956, § 4-5-16 .

4-5-17. Willful violations of import requirements.

When any person is shown to have knowingly brought into this state an animal suffering, or suspected to be suffering, with tuberculosis, or to have concealed the existence of that disease in any animal owned by him or her, that person is not entitled to any compensation for the animal slaughtered under this chapter, and is deemed guilty of a misdemeanor, and upon conviction shall be fined for that offense not exceeding one hundred dollars ($100).

History of Section. G.L. 1896, ch. 99, § 14; G.L. 1909, ch. 120, § 20; G.L. 1923, ch. 241, § 20; G.L. 1938, ch. 207, § 13; G.L. 1956, § 4-5-17 .

4-5-18. Violations by public officers.

1. Any cattle commissioner, veterinarian or other officer, agent, or employee appointed by the director of environmental management, having immediate control of the carcass of an affected animal as described in § 4-5-3 , who permits the disposal of that carcass or any part in any manner as will be detrimental to the public health, shall be fined not exceeding one thousand dollars ($1,000), or imprisoned not exceeding two (2) years.
2. Any cattle commissioner, veterinarian or other officer, agent, or employee appointed who shall knowingly certify for payment the claim of any person not the owner of the affected animals at the time of the test described in § 4-5-1 , shall be fined not exceeding five hundred dollars ($500), or be imprisoned not exceeding one year.

History of Section. G.L. 1938, ch. 241, § 30; P.L. 1927, ch. 1014, § 3; G.L. 1938, ch. 207, § 22; G.L. 1956, § 4-5-18 .

4-5-19. Penalty for violations generally.

Any person who violates any provision of this chapter for which a penalty is not otherwise provided shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year.

History of Section. G.L. 1938, ch. 241, § 30; P.L. 1927, ch. 1014, § 3; G.L. 1938, ch. 207, § 22; G.L. 1956, § 4-5-19 .

4-5-20. Establishment of tuberculosis-free areas.

The director of environmental management may, in his or her discretion, establish circumscribed areas within which all bovine cattle are subjected to the tuberculin test, but in no case shall that area be smaller than a single city or town as provided. Before this area is established, the owners of eighty-five percent (85%) of the cattle, or seventy-five percent (75%) of the cattle owners in this area shall make application, in writing, on official form to the director, placing their herds under the inspection and supervision of the state or of the United States, for the eradication of bovine tuberculosis. Upon receipt of a sufficient number of those applications, the director shall first satisfy himself or herself that those applications have been signed by the requisite number of cattle owners within the designated area, and all those applications are open to inspection at all times. If satisfied that those applications have been signed by the requisite number of cattle owners, the director may establish this area or areas which he or she shall clearly bound and describe, and within which bovine tuberculosis is to be eradicated at the expense of the state or United States, and he or she shall cause all those cattle within that area or areas to be quarantined, tested, appraised, and condemned as provided in §§ 4-5-1 — 4-5-6 .

History of Section. G.L. 1938, ch. 241, § 43; P.L. 1932, ch. 1926, § 1; G.L. 1938, ch. 207, § 24; G.L. 1956, § 4-5-20 .

4-5-21. Advertisement of tuberculosis-free areas.

Before proceeding to quarantine an area and to test the cattle in the area pursuant to § 4-5-20 , the director of environmental management shall advertise the establishment of that area in some newspaper published in one of the towns included in that area, or if there is no newspaper published in any of those towns, then in a newspaper published in the county in which the area is situated. The advertisement shall state the date when the area is to be established and shall set forth in detail the proceedings to be followed in quarantining and testing the cattle within the area, and what will be required of the owners of those cattle. A notice similar in substance to the advertisement shall be posted on a public sign post in each city or town wholly or in part within the area. The advertisement shall be published and the notice posted not less than ten (10) days nor more than thirty (30) days before the date when the area is to be established.

History of Section. G.L. 1938, ch. 241, § 43; P.L. 1932, ch. 1926, § 1; G.L. 1938, ch. 207, § 24; G.L. 1956, § 4-5-21 .

4-5-22. Administration of tuberculosis-free areas.

After any area has been established pursuant to §§ 4-5-20 and 4-5-21 , no cattle shall be brought or transported into that area, except in accordance with the provisions of §§ 4-5-7 — 4-5-10 , and except that cattle transported through the area on the highways by truck or railroad, and no cattle shall be taken from that area except with the consent of the director of environmental management during the process of accreditation. Within six (6) months after the date of the establishment of this area, the director shall to the extent that funds are available for that purpose cause all remaining untested bovine cattle in this area to be tested as provided in §§ 4-5-1 — 4-5-6 in accordance with the uniform rules and regulations promulgated by the United States livestock sanitary association and approved by the United States department of agriculture. After the area has been designated a modified accredited area, the cattle in this area shall be tested as provided in §§ 4-5-1 — 4-5-6 at such intervals as may be deemed advisable by the director of environmental management.

History of Section. G.L. 1938, ch. 241, § 43; P.L. 1932, ch. 1926, § 1; G.L. 1938, ch. 207, § 24; G.L. 1956, § 4-5-22 .

4-5-23. Violations as to tuberculosis-free areas.

Any person or any officer or agent of any corporation who violates any provision of §§ 4-5-20 — 4-5-22 or who hinders or obstructs the director of environmental management or any other authorized person in the discharge of any duty imposed by the provisions of §§ 4-5-20 — 4-5-22 , shall be punished by a fine of not more than one hundred dollars ($100) or imprisoned for not more than thirty (30) days or shall suffer both the fine and imprisonment for each offense, and for each animal transported into any of these areas contrary to the provisions of §§ 4-5-20 — 4-5-22 a separate offense may be charged.

History of Section. G.L. 1938, ch. 241, § 44; P.L. 1932, ch. 1926, § 1; G.L. 1938, ch. 207, § 25; G.L. 1956, § 4-5-23 .

4-6-1 — 4-6-3. Repealed.

4-6-4. Brucellosis test.

All cattle in the state shall be tested for brucellosis in a manner which conforms to the standards proposed and accepted by the United States livestock sanitary association and the United States department of agriculture. The director of environmental management shall establish the number of tests to be conducted.

History of Section. G.L. 1956, ch. 207, § 33; P.L. 1952, ch. 2938, § 1; G.L. 1956, § 4-6-4 ; P.L. 1962, ch. 43, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1.

4-6-5. Slaughter of all reactors in state.

When the records kept by the department of environmental management indicate that eighty-five percent (85%) of the total cattle of the state, excepting steers and calves under six (6) months of age, are free from brucellosis, the state regulatory officials shall require that all brucellosis reactors be slaughtered except calfhood vaccinated animals under thirty (30) months of age.

History of Section. G.L. 1956, ch. 207, § 34; P.L. 1952, ch. 2938, § 1; G.L. 1956, § 4-6-5 .

4-6-6. Indemnities.

Indemnities shall be paid by the state for brucellosis reactors on the same basis and in the same manner as now provided for tuberculosis reactors.

History of Section. G.L. 1956, ch. 207, § 35; P.L. 1952, ch. 2938, § 1; G.L. 1956, § 4-6-6 ; P.L. 1970, ch. 127, § 4.

4-6-7. Rules and regulations.

The director of environmental management, after a public hearing, may establish rules and regulations not inconsistent with this chapter, including health requirements for importing cattle, which have the force and effect of its provisions. A complete record of all animals coming under the chapter shall be kept. The rules and regulations entitled “Health requirements for importing cattle into Rhode Island”, a copy of which dated March 6, 1970, signed by the director of health, has been filed in the office of the secretary of state, are approved as the regulations to be effective and in force in the first instance under the provisions of this chapter and shall in all respects be deemed as effective as if adopted in accordance with the procedures set forth in this section. Those regulations shall remain in force under this chapter until and unless amended by the director in accordance with the procedures set forth in this section.

History of Section. G.L. 1956, ch. 207, § 36; P.L. 1952, ch. 2938, § 1; G.L. 1956, § 4-6-7 ; P.L. 1970, ch. 127, § 5.

4-6-8. Penalty for selling or transporting cattle in violation of chapter.

Any person, firm, or corporation who buys, sells and/or transports cattle in violation of this chapter, upon conviction, shall be fined not more than two hundred dollars ($200) for each animal bought, sold and/or transported.

History of Section. G.L. 1956, ch. 207, § 37; P.L. 1952, ch. 2938, § 1; G.L. 1956, § 4-6-8 .

4-6-9. Annual appropriations — Disbursements.

The general assembly shall annually appropriate any sum that it may deem necessary to carry out the provisions of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers.

History of Section. G.L. 1956, ch. 207, § 38; P.L. 1952, ch. 2938, § 1; G.L. 1956, § 4-6-9 .

4-6.1-1. Definitions.

As used in this chapter:

1. “Director” means the director of health of the state and also his or her agents and servants authorized by law or by lawful direction of the director to perform any act or to do any thing under the terms of any particular provision of this title or chapter 2 of title 21 with respect to powers, duties or obligations specifically imposed upon the director.
2. “Person” means any individual, firm, corporation, trust or trustee, partnership, or association.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1.

4-6.1-2. Director to enforce permit requirements for producers.

The director has power, authority, and responsibility, in addition to those possessed under the provisions of chapter 2 of title 21 to enforce all requirements of that chapter that producers have permits issued by the director of health.

History of Section. P.L. 1962, ch. 80, § 3.

4-6.1-3. Director to keep information concerning producers.

The director shall keep a file of the names and addresses and of any additional information as he or she may require, as to all of those holding producer’s permits.

History of Section. P.L. 1962, ch. 80, § 3.

4-6.1-4. Coloring of milk not meeting standards.

The director has authority in case of a discovery of violation of the provisions of chapters 4 — 7 of this title, specially to treat so as to prominently identify, by the use of vegetable coloring matter, any and all milk found by him or her produced under conditions constituting a violation or violations of the provisions of chapters 4 — 7 of this title.

History of Section. P.L. 1962, ch. 80, § 3.

4-6.1-5. Dairy farms to be open to inspection.

All dairy farms of any permittee are open to inspection by the director and his or her authorized agents at all reasonable times.

History of Section. P.L. 1962, ch. 80, § 3.

4-6.1-6. Director may take action concerning violations.

Whenever the director is satisfied that the farm of a Rhode Island producer or of an out-of-state producer is in violation of the terms and conditions of or the standards required under this chapter and chapter 2 of title 21, he or she may order that producer to discontinue the sale of and/or to discontinue offering for sale any milk produced by that producer until he or she is satisfied that the producer is in compliance with the terms and provisions of this chapter and chapter 2 of title 21.

History of Section. P.L. 1962, ch. 80, § 3, P.L. 1982, ch. 78, § 4.

4-6.1-7. Director empowered to require information.

The director has power reasonably to require from any producer holding a permit any information concerning that producer and/or his or her herds and animals as he or she may require.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1982, ch. 78, § 4.

4-6.1-8. No person to sell milk in violation of this chapter or chapter 2 of title 21.

No person shall produce for sale, sell or offer for sale, possess for sale, or distribute any milk produced in violation of this chapter or chapter 2 of title 21.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1982, ch. 78, § 4.

4-6.1-9. Director empowered to hire assistants.

The director shall employ any agents as required in enforcing the provisions of this chapter and may prescribe their duties.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1982, ch. 78, § 4.

4-6.1-10. Penalties for violations.

Any person violating this chapter, shall for the first offense be punished by a fine of not more than one hundred dollars ($100), and for any subsequent offense not more than five hundred dollars ($500) or imprisonment for not more than three (3) months or be punished by both the fine and imprisonment in the discretion of the court. Upon every conviction of an offender under this chapter, whether final or not, the director may take any action with respect to the milk or permit of the person committing the violation as he or she might by law take if that person had violated any of the provisions of chapter 2 of title 21.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1982, ch. 78, § 4.

4-6.1-11. Appropriations.

The general assembly shall annually appropriate any sums that it deems necessary for the purpose of carrying out the provisions of this chapter. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of these sums or so much as may from time to time be required upon receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1982, ch. 78, § 4.

4-6.1-12. Director of health to enforce this chapter and chapter 2 of title 21 — Rules and regulations.

The director of health shall enforce this chapter and chapter 2 of title 21 and shall make any reasonable rules and regulations that he or she may deem necessary which are not inconsistent with the provisions of those chapters for the purpose of effectuating those provisions.

History of Section. P.L. 1962, ch. 80, § 3; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 1982, ch. 78, § 4.

4-7-1. License required.

No person, firm or corporation, wherever located, who, in the judgment of the director of environmental management, is primarily engaged in the business of buying, selling or exchanging livestock within the state shall engage in the business of buying, selling, or exchanging livestock within the state, except for slaughter within seventy-two (72) hours, without first obtaining a license from the director of environmental management.

History of Section. G.L. 1956, ch. 207, § 26; P.L. 1940, ch. 900, § 1; G.L. 1956, § 4-7-1 ; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-2. Rules and regulations — Terms of licenses — License and renewal fees.

The director of environmental management may make rules and regulations governing animal care, the issuance of licenses and the carrying out of the licensed business and relative to the maintenance of premises, buildings and conveyances, the health rating of livestock intended for sale, and the method and time of inspection and checking of those animals. Each license shall expire on the thirtieth (30th) day of June of each year. The fee for every license or renewal is one hundred dollars ($100).

History of Section. G.L. 1956, ch. 207, § 26; P.L. 1940, ch. 900, § 1; G.L. 1956, § 4-7-2 ; P.L. 1960, ch. 74, § 4; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-3. Revocation or suspension of license.

The director may revoke or suspend any license granted by him or her, if in his or her judgment the licensee is not complying with the rules and regulations made, provided, however, that the director shall not revoke or suspend a license until he or she shall have given the licensee five days’ notice in writing of his or her intention to do so. After any suspension or revocation of a license, the licensee has the opportunity to be heard in person or by counsel.

History of Section. G.L. 1956, ch. 207, § 26; P.L. 1940, ch. 900, § 1; G.L. 1956, § 4-7-3 .

4-7-4. Dealing without license.

Any person, firm or corporation engaged in the business of buying, selling, or exchanging livestock, except for slaughter within seventy-two (72) hours, without a license shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500).

History of Section. G.L. 1956, ch. 207, § 27; P.L. 1940, ch. 900, § 1; G.L. 1956, § 4-7-4 ; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-5. Compliance with importation regulations.

Every dealer of livestock is required to comply with existing rules and regulations governing the importation of livestock into the state.

History of Section. G.L. 1956, ch. 207, § 39; P.L. 1953, ch. 3145, § 1; G.L. 1956, § 4-7-5 ; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-6. Definitions.

As used in §§ 4-7-6 — 4-7-23 :

1. “Director” means the director of the department of environmental management.
2. “Farmers’ co-operative” means a nonprofit association of producers organized with or without capital stock for the purpose of producing and/or selling food commodities.
3. “License” means the certificate issued by the director to any person, firm, partnership, or corporation regularly engaged in the business of buying, selling and/or transporting livestock to be sold or used for food.
4. “Livestock” means any bovine, equine, caprine, ovine, camelids, swine or other animal sold for any purpose.

History of Section. R.P.L. 1957, ch. 47, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-7. Director to supervise movement of livestock.

It is the duty of the director of the department of environmental management to supervise the movement of livestock from place to place within the state.

History of Section. R.P.L. 1957, ch. 47, § 2; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-8. Application for license.

Any person, firm, partnership, or corporation, regularly engaged in the business of buying, selling and/or transporting livestock to be sold or used for any purpose, shall annually apply to the director for a license to buy, sell and/or transport livestock to be sold or used for any purpose. The application for that license shall be made upon a form prescribed by the director who may, if he or she is satisfied as to the responsibility and character of the application, issue a license to the applicant to buy, sell and/or transport livestock.

History of Section. R.P.L. 1957, ch. 47, § 3; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-9 — 4-7-12. Repealed.

4-7-13. Revocation of license — Hearing.

Each license provided for in § 4-7-8 shall be issued annually and may be revoked by the director for cause. If in the judgment of the director any provision of this chapter or any rule or regulation made under these sections has been violated, the director shall send notice by registered mail to the licensee who shall be given a hearing and if violation is proven his or her license shall be revoked.

History of Section. R.P.L. 1957, ch. 47, § 4; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-14. Vehicle number plates.

The director shall furnish for each vehicle to be used by a licensee in the business of buying, selling, and/or transporting livestock, two (2) number plates. These plates shall be displayed prominently on the vehicle used in the buying, selling and/or transporting of livestock under this chapter.

History of Section. R.P.L. 1957, ch. 47, § 5; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-15. Display of license.

Any person operating a vehicle used in the business of buying, selling, and/or transporting live livestock shall deposit or display in the vehicle in some easily accessible place a license to engage in that business as provided by § 4-7-8 .

History of Section. R.P.L. 1957, ch. 47, § 6; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-16. License plate fees.

The fee for the first license issued to any one individual or corporation in accordance with this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The fee for each additional license and set of number plates is twenty-five dollars ($25.00).

History of Section. R.P.L. 1957, ch. 47, § 7; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-17. Bill of sale required.

No person shall transport livestock in connection with the sale of the livestock from place to place upon any public highway or road in this state unless he or she has in his or her possession a bill of sale signed by the vendor or agent of the vendor and containing the vendor’s address, the date of transaction, number of livestock, and/or weight, breed and price of livestock and such other information as in the discretion of the director will describe the livestock and establish the proper ownership. The information shall be available at any time to the director or his or her authorized agent or agents.

History of Section. R.P.L. 1957, ch. 47, § 8; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-18. Exceptions from provisions.

This chapter shall not apply to a merchant or a producer of livestock who does not go from place to place buying, selling, and/or transporting livestock nor shall it apply to a farmers’ cooperative transporting livestock in connection with the operation of a cooperative.

History of Section. R.P.L. 1957, ch. 47, § 9; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-19. Administration — Rules and regulations.

The director has authority to administer the provisions of this chapter. He or she shall make and may modify rules and regulations necessary or incidental to the provisions of this chapter.

History of Section. R.P.L. 1957, ch. 47, § 10; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-20. Enforcement.

It is the duty of the director to enforce the provisions of this chapter and to prosecute any and all persons who, in his or her opinion, are guilty of violating any of the provisions of those sections, and the director or his or her duly appointed agent or agents are not required to enter into recognizance or become liable for costs.

History of Section. R.P.L. 1957, ch. 47, § 11; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-21. Repealed.

History of Section. R.P.L. 1957, ch. 47, § 12; Repealed by P.L. 2004, ch. 291, § 3; P.L. 2004, ch. 468, § 3, effective July 7, 2004.

4-7-22. Treble damages in civil action by producer — Alternative remedy.

Any person failing to pay for livestock purchased from the livestock producer, and who is or should be licensed under this chapter, is liable for damages three (3) times the amount unpaid plus reasonable attorney fees as liquidated damages in a civil suit brought by the livestock dealer under the applicable rules of law in the courts. This provision is an additional or alternative remedy to the livestock producer.

History of Section. R.P.L. 1957, ch. 47, § 13; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-7-23. Penalty for violations.

Any person who violates any of the provisions of this chapter shall be punished for the first offense by a fine of not more than one hundred dollars ($100) and for any subsequent offense by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) or by revocation of license for not more than one year.

History of Section. R.P.L. 1957, ch. 47, § 14; P.L. 2004, ch. 291, § 2; P.L. 2004, ch. 468, § 2.

4-8-1. Definitions.

The term “station” or “milk gathering station”, as used in this chapter, includes an established office where the business of buying milk or cream, as provided in this chapter, is carried on, with or without a place or premises in connection with the business for the physical handling of milk or cream.

History of Section. P.L. 1918, ch. 1656, § 1; G.L. 1923, ch. 204, § 1; G.L. 1938, ch. 218, § 1; G.L. 1956, § 4-8-1 .

4-8-2. License required — Application.

No person, firm, association, or corporation shall buy milk or cream in the state from producers for consumption or for manufacture in the state, unless that business is regularly transacted at an office or station in the state and unless that person, firm, association, or corporation is licensed as provided in this chapter. Every person, firm, association, or corporation, before engaging or continuing in the business of buying milk or cream for the stated purposes, shall annually, on or before June 1st, file an application with the director of environmental management for a license to transact that business. The application shall state the nature of the business, the full name of the person or corporation applying for the license, and, if the applicant is a firm or association, the full name of each member of that firm, or association, the city or town and street number at which the business is to be conducted, and any other facts as the director prescribes. The applicant shall further satisfy the director of his, her, or its character, financial responsibility and good faith in seeking to carry on the business.

History of Section. P.L. 1918, ch. 1656, § 2; G.L. 1923, ch. 204, § 2; G.L. 1938, ch. 218, § 2; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-2 ; P.L. 1962, ch. 81, § 1.

4-8-3. Issuance of license — Terms.

The director of environmental management shall issue to an applicant, on payment of twenty dollars ($20.00), a license entitling the applicant to conduct the business of buying milk and cream from producers for the stated purpose at an office or station at the place named in the application until the first day of July; provided, that if the application is presented in the month of May, and if the applicant elects, the license may be granted to begin on the first day of July and run for a term of one year. A license shall not be issued to any applicant if, during the year preceding the filing of the application, a complaint from any producer and seller of milk or cream has been filed with the director against that applicant for any of the grounds specified in § 4-8-14 , and that complaint has been established as true and just, to the satisfaction of the director, after the complaint has been investigated by him or her in the manner provided by §§ 4-8-12 and 4-8-13 .

History of Section. P.L. 1918, ch. 1656, § 2; G.L. 1923, ch. 204, § 2; G.L. 1938, ch. 218, § 2; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-3 ; P.L. 1960, ch. 74, § 5.

4-8-4. Proof of financial security.

1. A license shall not be issued as provided in § 4-8-3 unless the applicant for that license files with the application, a sworn financial statement in any form and giving any information that the director of environmental management may demand. The financial statement shall be made and executed under oath or written declaration that it is made under penalty of perjury.
2. The director shall issue a license as provided in § 4-8-3 , only when the financial statement is deemed by the director to be adequate for the protection of the producers of milk selling to that dealer. If, in the judgment of the director, following examination and investigation of the financial statement, adequate financial security is not evident, the applicant shall be required before a license is issued, to furnish good and sufficient surety or sureties in any form and in any sums as the director deems necessary for the adequate protection of the producers selling to that dealer. Failure to furnish a financial statement or surety or sureties when demanded by the director shall be sufficient cause for refusal to grant a license or for the suspension or revocation of that license after the license has already been granted.

History of Section. P.L. 1918, ch. 1656, § 3; G.L. 1923, ch. 204, § 3; P.L. 1930, ch. 1581, § 1; G.L. 1938, ch. 218, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-4 .

4-8-5. Statements of defaulted claims against licensees.

Upon default by the licensee in the payment of any money due for the purchase of milk or cream, which payment is secured by the sworn financial statement or surety provided for, the creditor may file with the director of environmental management, upon a form prescribed by him or her, a verified statement of his or her claim. If the creditor has reduced the claim to judgment or shall before the commencement of the action by the director reduce the claim to judgment, a certified copy of the record of that judgment shall also be filed with the director. Statements may be filed at any time during the period of the license for purchases made during that period or within ninety (90) days from the termination of that period.

History of Section. P.L. 1918, ch. 1656, § 4; G.L. 1923, ch. 204, § 4; G.L. 1938, ch. 218, § 4; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-5 .

4-8-6. Action to determine amounts due creditors of licensees.

After the expiration of ninety (90) days from the termination of any license period, the director of environmental management shall, by proper action where all the creditors and any surety given, as provided, and the licensee shall be parties, proceed to determine the amount due each creditor, and the judgment rendered in that action shall be enforced ratably for those creditors against the surety. If any creditor has reduced his or her claim to judgment, that judgment shall be presumptive proof of the amount due that creditor in any action brought by the director of environmental management.

History of Section. P.L. 1918, ch. 1656, § 5; G.L. 1923, ch. 204, § 5; G.L. 1938, ch. 218, § 5; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-6 .

4-8-7. Liability of sureties.

Every surety given in accordance with the provisions of this chapter shall be liable, in the first instance, for the payment of all claims arising during the license period for which the surety continues, and filed either during that period or within ninety (90) days after the expiration. If all claims shall be paid, the balance of the liability of each surety shall be devoted to the extinguishment ratably of claims arising during that license period, but for which statement shall not have been filed until ninety (90) days after the expiration of that period.

History of Section. P.L. 1918, ch. 1656, § 6; G.L. 1923, ch. 204, § 6; G.L. 1938, ch. 218, § 6; G.L. 1956, § 4-8-7 .

4-8-8. Statement of disbursements — Additional bonds.

A person or corporation licensed under this chapter shall make a statement under oath of his, her, or its disbursements during a period to be prescribed by the director of environmental management, containing the names of the persons from whom products were purchased, the amount purchased and the amount due to the vendors. Those statements shall be submitted to the director, when requested by him or her, and shall be in the form prescribed by the director. If it appears from a statement or other facts ascertained by the director, upon inspection or investigation of the books and papers of the licensee, as authorized by § 4-8-12 , that the security afforded to persons selling milk and cream to that licensee by the bond executed by that licensee as provided does not adequately protect the vendors, the director may require that licensee to give an additional bond, to be executed in a sum determined by the director, but not exceeding by more than fifty percent (50%) the maximum amount paid out by that licensee to sellers of milk in any one month.

History of Section. P.L. 1918, ch. 1656, § 7; G.L. 1923, ch. 204, § 7; G.L. 1938, ch. 218, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-8 .

4-8-9. Schedule of prices — Accounts of purchases.

Every proprietor of a milk gathering station shall post in a conspicuous place in his or her milk station, a schedule of the prices being paid for milk or cream, and shall keep a correct account of all the milk or cream daily received or purchased from each person at that milk station which account shall be open to inspection by any person selling or delivering milk or cream to that proprietor.

History of Section. P.L. 1918, ch. 1656, § 11; G.L. 1923, ch. 204, § 11; G.L. 1938, ch. 218, § 11; G.L. 1956, § 4-8-9 .

4-8-10. Record of transactions — Periodical statements to sellers.

Every proprietor of a milk gathering station shall keep, in any form that the director of environmental management may prescribe, a record of transactions of purchases of milk or cream by him or her and he or she shall, at least semimonthly, or weekly if so agreed upon by the parties to the transaction, deliver to each person from whom he or she receives or purchases milk or cream, and in the unit of measure used in computing the amount due, an itemized statement of the several amounts or quantities of the milk or cream received or purchased at that milk station from that person during the prior half month or, if statements are delivered more frequently than semimonthly, during that period of time which has elapsed since the delivery of the last prior statement.

History of Section. P.L. 1918, ch. 1656, § 11; G.L. 1923, ch. 204, § 11; G.L. 1938, ch. 218, § 11; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-10 .

4-8-11. Applications for investigation.

If either party to the transaction of purchase and sale between a milk producer and a licensed buyer of milk is dissatisfied relative to any transaction of purchase and sale of milk between a milk producer and a licensed buyer of milk, he or she may apply to the director of environmental management, in writing, within thirty (30) days after the delivery of the milk to the licensed buyer, for investigation. The director shall treat the application as a complaint, and cause a full investigation of the transaction complained of to be made.

History of Section. P.L. 1918, ch. 1656, § 12; G.L. 1923, ch. 204, § 12; G.L. 1938, ch. 218, § 12; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-11 .

4-8-12. Investigative powers of director.

The director of environmental management has power to investigate upon the complaint of any interested person, or of his or her own motion, the record of any person, firm, or corporation applying for or holding a license, or any transaction involving the purchase of milk for shipment as provided for in this chapter; and for that purpose may examine the ledgers, books of account, memoranda, or other documents of any person, firm, association, or corporation applying for or holding a license and may take testimony under oath; but information relating to the general business of any that person, firm, association, or corporation, disclosed by this investigation and not relating to the immediate purpose shall be deemed of a confidential nature by the director and his or her assistants.

History of Section. P.L. 1918, ch. 1656, § 8; G.L. 1923, ch. 204, § 8; G.L. 1938, ch. 218, § 8; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-12 .

4-8-13. Adjustments and hearings on complaints.

When a complaint is filed with the director of environmental management, he or she shall attempt to secure an explanation or adjustment, and, failing this within ten (10) days, he or she shall cause a copy of the complaint, together with a notice of the time and place for a hearing, to be served personally or by mail upon the applicant or licensee. If served by mail, the complaint and notice shall be directed to the applicant or licensee at his or her place of business, with postage fully prepaid. Service shall be made at least seven (7) days before the hearing. At the time and place appointed for the hearing, the director, or his or her representatives, shall hear the parties to the complaint, shall have power to administer oaths and shall enter in the records of the department of environmental management a decision either dismissing the complaint or specifying the facts which he or she deems established on the hearing.

History of Section. P.L. 1918, ch. 1656, § 8; G.L. 1923, ch. 204, § 8; G.L. 1938, ch. 218, § 8; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-13 .

4-8-14. Grounds for denial or revocation of license.

The director of environmental management may decline to grant a license or may revoke a license already granted when he or she is satisfied of the existence of the following cases or either of them:

1. Where a money judgment has been secured by any milk producer and has been entered against the applicant or licensee and remains unsatisfied of record.
2. Where there has been a failure to make prompt settlements to persons from whom the applicant buys milk, with intent to defraud.
3. Where there have been combinations to fix prices.
4. Where there has been a continual course of dealing of such nature as to satisfy the director of the inability of the applicant or licensee to properly conduct the business or of an intent to deceive or defraud customers.
5. Where there has been a continued and persistent failure to keep records, required by the director, in accordance with this chapter.

History of Section. P.L. 1918, ch. 1656, § 9; G.L. 1923, ch. 204, § 9; G.L. 1938, ch. 218, § 9; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-14 .

4-8-15. Judicial review of decisions refusing or revoking licenses.

The action of the director in refusing to grant a license, or in revoking a license granted under this chapter shall be subject to review under the provisions of chapter 35 of title 42.

History of Section. P.L. 1918, ch. 1656, § 10; G.L. 1923, ch. 204, § 10; G.L. 1938, ch. 218, § 10; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-15 .

4-8-16. Penalties for violations.

Any person who, being a buyer of milk for shipment for the purposes set forth in this chapter, whether that person be licensed or whether his or her business be transacted at a station or otherwise, fails to make prompt payments for milk purchased, with intent to defraud, or makes any false or misleading statement or statements enumerated in this chapter, with intent to deceive, or enters into any combination to fix prices, or not being licensed, conducts the business of buying milk for shipment as provided in this chapter, or being licensed or otherwise, engages in that business without having a station or office, or fails to conform to any requirement of or violates any of the provisions of this chapter, with intent to deceive a seller of milk, is guilty of a misdemeanor and upon conviction shall for the first offense be fined not more than two hundred dollars ($200) or imprisoned not more than thirty (30) days, or both; and shall for the second offense be fined not more than five hundred dollars ($500) or imprisoned not more than sixty (60) days, or both; and shall for the third offense within any one calendar year be imprisoned for not more than ninety (90) days, and shall forfeit his or her license and be disqualified from obtaining a license within two (2) years after the forfeiture of license.

History of Section. P.L. 1918, ch. 1656, § 13; G.L. 1923, ch. 204, § 13; G.L. 1938, ch. 218, § 13; G.L. 1956, § 4-8-16 .

4-8-17. Disposition of fines.

All moneys collected in fines or fees under the provisions of this chapter shall be turned over to the general treasurer for the use of the state.

History of Section. P.L. 1918, ch. 1656, § 14; G.L. 1923, ch. 204, § 14; G.L. 1938, ch. 218, § 14; G.L. 1956, § 4-8-17 .

4-8-18. Employment of help by director — Expenses.

The director of environmental management may employ any help and incur any expense necessary to carry out the provisions of this chapter within the amount appropriated.

History of Section. P.L. 1918, ch. 1656, § 15; G.L. 1923, ch. 204, § 15; G.L. 1938, ch. 218, § 15; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 4-8-18 .

4-8-19. Other laws preserved — Producers exempt.

Nothing contained in this chapter shall be construed to repeal or alter or vary the provisions of chapter 5 of title 21, or to require the license provided for from any person whose principal business is the production of milk, or to require a license from a producer of milk who may deliver milk direct to any store or place, or who retails his or her product direct to the consumer.

History of Section. P.L. 1918, ch. 1656, § 16; G.L. 1923, ch. 204, § 16; G.L. 1938, ch. 218, § 16; G.L. 1956, § 4-8-19 .

4-9-1. Products to be labeled.

All biological products as defined under the Virus-Serum-Toxin Act 21 USC 151-159 et seq., used for the testing or immunizing of animals sold, given away, or used within the state, shall bear a label stating the name and address of the person, firm, or institution making it and the date of its expiration, and comply with all other provisions of the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151-159 et seq.

History of Section. P.L. 1943, ch. 1358, § 3; G.L. 1956, § 4-9-1 ; P.L. 2013, ch. 174, § 1; P.L. 2013, ch. 228, § 1; P.L. 2016, ch. 512, art. 2, § 46.

4-9-2. Authorization for distribution of products sold or given away.

1. Only products listed in § 4-9-1 and those that are either conditionally or unconditionally licensed by the center for veterinary biologics of the United States department of agriculture are eligible for distribution in the state. All persons other than duly licensed veterinarians intending to sell or give away any of the products listed in § 4-9-1 shall notify, in writing, the director of the department of environmental management of their intent to sell or give away products enumerated in § 4-9-1. No later than ten (10) business days after receipt of the notification, the director of the department of environmental management shall provide a written response either authorizing or denying the sale or give away of the products identified in the notification. No person other than duly licensed veterinarians may sell or give away any of the products listed in § 4-9-1 until they have received written authorization by the director of the department of environmental management that they are allowed to sell or give away said products and that they are limited to selling and giving away said product in the manner in which the director approves, including, but not limited to, restrictions or conditions on the distribution, sale or use of the authorized product(s).
2. Failure to obtain written authorization from the director prior to selling or giving away products enumerated in § 4-9-1 shall constitute a violation of this section. Failure to comply with the restrictions or conditions imposed by the director pursuant to subsection 4-9-2(a) shall constitute a violation of this section.

History of Section. P.L. 1943, ch. 1358, § 4; G.L. 1956, § 4-9-2 ; P.L. 2013, ch. 174, § 1; P.L. 2013, ch. 228, § 1.

4-9-3. Use and disposition of products — Records and reports.

1. The director of the department of environmental management may, as a condition of authorization provided in subsection 4-9-2(a) , require records to be kept by persons that sell or give away any of the products enumerated in § 4-9-1 . Such records may include, but not be limited to, the product trade name, the product generic name, the name and address of the company that produced the product, the USDA product code, the strength of the product, the date the product was produced, the date the product was delivered, the date the product was administered, the product serial number or lot number, the name and address of the owner of the animal(s) that the product was administered, sold, or given away to, and the individual identification of any animal(s) that the product was administered to or used on.
2. Failure to keep records required by the director under this section shall constitute a violation of this section.

History of Section. P.L. 1943, ch. 1358, § 5; G.L. 1956, § 4-9-3 ; P.L. 2013, ch. 174, § 1; P.L. 2013, ch. 228, § 1.

4-9-4. Repealed.

History of Section. P.L. 1943, ch. 1358, § 7; G.L. 1956, § 4-9-4 ; Repealed by P.L. 2013, ch. 174, § 2, effective July 11, 2013; P.L. 2013, ch. 228, § 2, effective July 11, 2013.

4-9-5. Repealed.

History of Section. P.L. 1943, ch. 1358, § 8; G.L. 1956, § 4-9-5 ; Repealed by P.L. 2013, ch. 174, § 2, effective July 11, 2013; P.L. 2013, ch. 228, § 2, effective July 11, 2013.

4-9-6. Repealed.

History of Section. P.L. 1943, ch. 1358, § 9; G.L. 1956, § 4-9-6 ; Repealed by P.L. 2013, ch. 174, § 2, effective July 11, 2013; P.L. 2013, ch. 228, § 2, effective July 11, 2013.

4-9-7. Repealed.

History of Section. P.L. 1943, ch. 1358, § 1; G.L. 1956, § 4-9-7 ; Repealed by P.L. 2013, ch. 174, § 2, effective July 11, 2013; P.L. 2013, ch. 228, § 2, effective July 11, 2013.

4-9-8. Treatment of animals to prevent normal reaction to tests — Sale or removal of reactors.

No person shall treat any animal with any material or substance nor in any manner for the purpose of preventing normal reaction on the part of the animal to any diagnostic test. No person shall knowingly sell or offer for sale any animal that has reacted positively to any USDA approved official tuberculosis test or the blood test for brucellosis. No animal that has reacted to any USDA approved official tuberculosis test other test shall be sold or removed from the premises where the test was made without permission, in writing, from the director of environmental management.

History of Section. P.L. 1943, ch. 1358, § 6; G.L. 1956, § 4-9-8 ; P.L. 2013, ch. 174, § 1; P.L. 2013, ch. 228, § 1.

4-9-9. Penalty for violations.

1. Any person, firm or corporation willfully and knowingly violating subsections 4-9-2(b) or 4-9-3(b) shall be subject to a fine not to exceed one hundred dollars ($100).
2. Any person, firm or corporation willfully and knowingly violating § 4-9-8 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), or by imprisonment not exceeding six (6) months, or both for the first offense; and not less than two hundred fifty dollars ($250), nor more than five hundred dollars ($500) or by imprisonment not exceeding six (6) months, or both, for each subsequent offense.

History of Section. P.L. 1943, ch. 1358, § 10; G.L. 1956, § 4-9-9 ; P.L. 2013, ch. 174, § 1; P.L. 2013, ch. 228, § 1.

4-9-10. Prosecution of violations.

It is the duty of the attorney general and his or her assistants to prosecute all persons accused of violating the provisions of this chapter and to defend in all cases of appeals from appraisements.

History of Section. P.L. 1943, ch. 1358, § 2; G.L. 1956, § 4-9-10 .

4-9-11. Federal approval of vaccines required.

No vaccine or other biological product prepared for the purpose of immunizing animals shall be used in the state unless that product has been approved for that use by the center of veterinary biologics of the U.S. department of agriculture.

History of Section. P.L. 1979, ch. 166, § 1; P.L. 2013, ch. 174, § 1; P.L. 2013, ch. 228, § 1.

4-9.1-1. Definitions.

As used in this chapter:

1. “Animal rescue” means an entity, without a physical brick-and-mortar facility, that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization.
2. “Animal shelter” means a brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
3. “Nonprofit corporation” means a corporation of which no part of the income or profit is distributable to its members, directors, or officers, except as otherwise expressly permitted by chapter 6 of title 7.
4. “Pound” or “Dog pound” means a facility operated by the state, or any political subdivision of the state, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals, or a facility operated for that purpose under contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.
5. “Veterinarian-client patient relationship” or “VCPR” means a relationship where all of the following conditions have been met:
   1. The veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal or animals and the need for medical treatment, and the client (i.e., animal owner or custodian) has agreed to follow the instructions of the veterinarian.
   2. The veterinarian has sufficient knowledge of the animal or animals to initiate at least a general or preliminary (e.g., tentative) diagnosis of the medical condition of the animal or animals. “Sufficient knowledge,” as used in this subsection, means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal or animals, and/or by medically appropriate and timely visits to the premises where the animal or animals are kept.
   3. The veterinarian is readily available for follow-up in cases of adverse reactions or failure of the regimen of therapy.
   4. The veterinarian maintains records  that document patient visits, diagnosis, treatment, and other relevant information.
6. “Veterinary clinic” means any premises to which animals are brought or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-2. Allowable medication donations.

1. An owner of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is practiced if the licensed veterinarian or facility chooses to accept the drug.
2. Except as provided in § 4-9.1-3 , a licensed veterinarian may reissue a drug accepted pursuant to this section to fill other prescriptions provided that:
   1. The veterinarian is licensed to practice veterinary medicine in Rhode Island;
   2. The drug is being dispensed to fill a prescription needed to treat an animal under the care of a Rhode Island registered nonprofit shelter, municipal pound, shelter, veterinary clinic, or animal rescue facility;
   3. Wildlife rehabilitators licensed by the state of Rhode Island will have access to these medications under the direction of a licensed Rhode Island veterinarian;
   4. The prescription is authorized by the veterinarian within a valid VCPR;
   5. The licensed veterinarian determines that the drug is suitable for that purpose; and
   6. The drug was originally dispensed by a licensed veterinarian, a facility in which veterinary medicine is practiced  that is licensed by the state of Rhode Island, a licensed pharmacy, an  internet pharmacy that is accredited through the National Association of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites program, or its successor.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-3. Drugs not eligible for donation or reissuance.

Drugs that will not be eligible for reissuance include:

1. Drugs classified as a controlled substance;
2. Drugs that require refrigeration unless it is a drug that only requires refrigeration after being opened and the drug is donated in an unopened condition; and
3. Drugs where the packaging or bottle does not list the expiration date of the usefulness of the drug.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-4. Reissuance of medications.

1. Any reissued medication shall have the name of the animal and the name of the owner of the animal for which the drug was originally dispensed, the prescription number, and any other identifying marks obliterated from the packaging or bottle before the reissuance of the drug. When medication is reissued to owned pets, the owner will be informed as to the fact that the medication is supplied from a supply of turnover medications.
2. A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption.
3. For expired medications, the veterinarian may elect to reissue these medications if they are unopened and from a period of one year from their expiration date if the veterinarian determines the medication to continue to maintain efficacy.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-5. Immunity from civil or criminal liability.

1. A licensed veterinarian or a facility or agency in which veterinary medicine is practiced with one or more full-time or part-time veterinarians that complies with the provisions of this chapter in the donation, acceptance, distribution, or dispensation of a drug in accordance with the provisions of this chapter and any regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury, or death that results from the donation, acceptance, distribution, or dispensation of the drug.
2. A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution, or dispensation of the drug pursuant to this chapter and any regulations adopted pursuant thereto.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-6. Sale of donated medications prohibited.

A licensed veterinarian, shelter, pound, animal rescue, or humane society shall not sell or resell any drug accepted pursuant to this chapter.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-7. Handling of donated medications.

1. The facility receiving the turnover medication shall:
   1. Identify and maintain separately from other stock any drug accepted pursuant to this chapter; and
   2. Make a record of each drug accepted pursuant to this chapter that includes, without limitation:
      1. The date on which the drug was donated;
      2. The name of the person who donated the drug; and
      3. The expiration date of the drug.
2. Any for-profit or nonprofit facility receiving turnover medications may then donate them to another qualifying nonprofit facility provided that subsequent responsibility for identifying and using the drug becomes the responsibility of the facility receiving the donation.
3. All records must be maintained for not less than two (2) years.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-9.1-8. Rules and regulations.

The board of veterinary medicine shall promulgate any rules or regulations deemed necessary to carry out the provisions of this chapter, including, without limitation:

1. Requirements for reissuing drugs pursuant to this chapter, including, without limitation, requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued;
2. Requirements for accepting drugs donated to a licensed veterinarian or facility in which veterinary medicine is practiced pursuant to this chapter; and
3. Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this chapter.

History of Section. P.L. 2021, ch. 149, § 1, effective July 3, 2021; P.L. 2021, ch. 150, § 1, effective July 3, 2021.

4-10-1. Definitions.

As used in this chapter:

1. “Director” means the director of environmental management.
2. “Farmers’ cooperative” means a nonprofit association of producers organized with or without capital stock for the purpose of producing and/or selling food commodities.
3. “License” means the certificate issued by the director to any person, firm, partnership, or corporation regularly engaged in the business of buying, selling and/or transporting live poultry to be sold or used for food.

History of Section. P.L. 1946, ch. 1792, § 1; G.L. 1956, § 4-10-1 .

4-10-2. Supervision of movement of poultry.

It is the duty of the director of environmental management to supervise the movement of live poultry from place to place within the state.

History of Section. P.L. 1946, ch. 1792, § 2; G.L. 1956, § 4-10-2 .

4-10-3. License to deal in or transport poultry.

Any person, firm, partnership, or corporation, regularly engaged in the business of buying, selling and/or transporting live poultry to be sold or used for food, shall annually apply to the director for a license to buy, sell, and/or transport live poultry to be so sold or used for food. The application for that license shall be made upon a form prescribed by the director who may, if he or she is satisfied as to the responsibility and character of the applicant, issue a license to the applicant to buy, sell, and/or transport live poultry.

History of Section. P.L. 1946, ch. 1792, § 3; G.L. 1956, § 4-10-3 .

4-10-4. Limited and unlimited licenses — Bond.

Licenses shall be issued in two (2) forms:

1. A limited license which permits the licensee to do business on a United States currency basis only.
2. An unlimited license issued to any person, firm, or corporation, as referred to in § 4-10-3 , who furnishes a bond with sufficient surety in the amount of ten thousand dollars ($10,000), executed by a surety company authorized to do business within this state, payable to any poultry producer residing in this state that has sold live poultry to that licensed dealer, conditioned upon the faithful performance of all legal obligations incurred in the buying of live poultry from the poultry producer.

History of Section. P.L. 1946, ch. 1792, § 3A; P.L. 1955, ch. 3611, § 1; G.L. 1956, § 4-10-4 .

4-10-5. Holding of unlimited licensee’s bond.

The bond required by § 4-10-4(2) shall be held by the director of environmental management to satisfy any claims held against any licensee because of failure to pay for live poultry purchased by that licensed dealer from the poultry producer.

History of Section. P.L. 1946, ch. 1792, § 3A; P.L. 1955, ch. 3611, § 1; G.L. 1956, § 4-10-5 .

4-10-6. Defaults by licensed dealers.

1. Upon receipt of a written notice of a default in payment, the director of environmental management shall order a hearing to be held before him or her within two (2) weeks. If the claim is approved by the director of environmental management, he or she may order payment to be made directly to the seller of the live poultry by the bonding company. The payment shall be made within two (2) weeks after approval of the claim by the director of environmental management.
2. All unpaid claims against licensed dealers must be made within three (3) weeks from date of sale of the poultry.

History of Section. P.L. 1946, ch. 1792, § 3A; P.L. 1955, ch. 3611, § 1; G.L. 1956, § 4-10-6 .

4-10-7. Unpaid claims exceeding bond.

If unpaid claims against dealers licensed under § 4-10-4(2) , made within the period of time prescribed in § 4-10-6(b) , are in excess of the surety bond, and are approved by the director of environmental management, the amounts may be prorated among the claimants by the director of environmental management.

History of Section. P.L. 1946, ch. 1792, § 3A; P.L. 1955, ch. 3611, § 1; G.L. 1956, § 4-10-7 .

4-10-8. Issuance and revocation of licenses.

Each license shall be issued annually and may be revoked by the director for cause. If in the judgment of the director any provision of this chapter or any rule or regulation made under this chapter has been violated, the director shall send notice by registered or certified mail to the licensee who shall be given a hearing and if violation is proven his or her license shall be revoked.

History of Section. P.L. 1946, ch. 1792, § 4; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 4-10-8 .

4-10-9. Repealed.

History of Section. P.L. 1946, ch. 1792, § 5; G.L. 1956, § 4-10-9 ; Repealed by P.L. 2015, ch. 171, § 1, effective July 9, 2015; P.L. 2015, ch. 198, § 1, effective July 9, 2015.

4-10-10. Display of license.

Every person operating a vehicle used in the business of buying, selling, and/or transporting live poultry shall deposit or display in that vehicle in some easily accessible place a license to engage in that business as provided by § 4-10-3 .

History of Section. P.L. 1946, ch. 1792, § 6; G.L. 1956, § 4-10-10 .

4-10-11. License fees.

The fee for the first license issued to any one individual or corporation in accordance with this chapter shall be twenty-five dollars ($25.00).

History of Section. P.L. 1946, ch. 1792, § 7; G.L. 1956, § 4-10-11 ; P.L. 1960, ch. 74, § 6; P.L. 2004, ch. 595, art. 33, § 3; P.L. 2015, ch. 171, § 2; P.L. 2015, ch. 198, § 2.

4-10-12. Bill of sale to accompany poultry in transit.

No person shall transport live poultry in connection with the sale from place to place upon any public highway or road in this state unless he or she has in his or her possession a bill of sale signed by the vendor or agent of that vendor and containing the vendor’s address, the date of transaction, number of poultry, and/or weight, breed and price of poultry and any other information as in the discretion of the director will describe that poultry and establish specifically their proper ownership. The information shall be available at any time to the director or his or her duly authorized agent or agents.

History of Section. P.L. 1946, ch. 1792, § 8; G.L. 1956, § 4-10-12 .

4-10-13. Persons and organizations exempt.

This chapter shall not apply to a merchant or a producer of poultry who does not go from place to place buying, selling, and/or transporting live poultry nor shall it apply to a farmers’ cooperative transporting poultry in connection with the operation of a cooperative.

History of Section. P.L. 1946, ch. 1792, § 9; G.L. 1956, § 4-10-13 .

4-10-14. Administrative powers of director — Rules and regulations.

The director has authority to administer this chapter. He or she shall make and may modify rules and regulations necessary or incidental to the provisions of this chapter.

History of Section. P.L. 1946, ch. 1792, § 10; G.L. 1956, § 4-10-14 .

4-10-15. Enforcement — Prosecution of violations.

It is the duty of the director to enforce this chapter and to prosecute any and all persons who, in his or her opinion, are guilty of violating any of the provisions of this chapter, and the director or his or her appointed agent or agents are not required to enter into recognizance or become liable for costs. It is the duty of the attorney general to conduct the prosecution of all cases brought by the director or his or her appointed agent or agents under this chapter.

History of Section. P.L. 1946, ch. 1792, § 11; G.L. 1956, § 4-10-15 .

4-10-16. Penalty for violations.

Any person violating the provisions of this chapter shall be punished for the first offense by a fine of not more than one hundred dollars ($100) and for any subsequent offense by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) or by imprisonment for not more than one year, or by both the fine and imprisonment.

History of Section. P.L. 1946, ch. 1792, § 12; G.L. 1956, § 4-10-16 .

4-11-1. Birds subject to chapter.

Psittacine birds as referred to in this chapter include all birds known as parrots, Amazons, Mexican double heads, African grays, cockatoos, macaws, parakeets, love birds, lories, lorikeets, and all other birds of the psittacine family.

History of Section. P.L. 1955, ch. 3557, § 1; G.L. 1956, § 4-11-1 .

4-11-2. Importation permits.

1. No psittacine birds shall be shipped into Rhode Island unless a permit is obtained from the director of environmental management prior to shipment.
2. Permits shall be issued only if a request for one is accompanied by a certificate issued by a graduate, licensed veterinarian certifying that all birds on the premises from which the shipment originates are free from any symptoms of any infectious, contagious or communicable disease.
3. Requests for permits to import psittacine birds must contain the number and kind of bird to be imported, origin and date of shipment, and destination of shipment.

History of Section. P.L. 1955, ch. 3557, § 2; G.L. 1956, § 4-11-2 .

4-11-3. Records to be kept by dealers.

1. Persons who import, purchase, breed, sell, exchange, barter, give away, or otherwise deal in psittacine birds shall keep records of each bird consisting of the following data:
   1. Breeder’s name and address;
   2. Identifying band number;
   3. Species of bird;
   4. Date of transfer to new owner; and
   5. Name and address of new owner.
2. These records shall be kept for a minimum period of two (2) years and be subject to inspection by the local health officer or a representative of the state department of environmental management.

History of Section. P.L. 1955, ch. 3557, § 3; G.L. 1956, § 4-11-3 .

4-11-4. Banding of birds imported, sold, or given.

All psittacine birds imported, purchased, sold, exchanged, bartered, or given away must be closed metal seamless banded with a band identifying the breeder by whom they were bred. A microchip may be used in lieu of an identifying band.

History of Section. P.L. 1955, ch. 3557, § 4; G.L. 1956, § 4-11-4 ; P.L. 2012, ch. 61, § 1; P.L. 2012, ch. 95, § 1.

4-11-5. Banding of breeding stock.

All psittacine breeding stock must be closed metal seamless banded by January 1, 1960.

History of Section. P.L. 1955, ch. 3557, § 5; G.L. 1956, § 4-11-5 .

4-11-6. Notice of intent to breed birds.

Each person intending to breed psittacine birds shall file written notification of that intent with the local health officer and the state department of environmental management before engaging in that procedure annually each January first.

History of Section. P.L. 1955, ch. 3557, § 6; G.L. 1956, § 4-11-6 .

4-11-7. Treatment of birds exposed to psittacosis.

If laboratory examination confirms infection with the agent that causes psittacosis, the remaining birds shall be humanely euthanized or treated according to the most current, “Compendium Of Measures To Control Chlamydophila Psittaci Infection Among Humans (Psittacosis) And Pet Birds (Avian Chlamydiosis),” as reviewed by the National Association of State Public Health Veterinarians, (NASPHV). The director, or the director’s designee, shall oversee such treatment which shall be administered at the bird owner’s expense.

History of Section. P.L. 1955, ch. 3557, § 7; G.L. 1956, § 4-11-7 ; P.L. 2012, ch. 61, § 1; P.L. 2012, ch. 95, § 1.

4-11-8. Notice of unusual illness or deaths.

It is the duty of any person having the custody or care of any birds of the psittacine family to notify the local health officer and the state department of environmental management immediately regarding any unusual illness or death among those birds.

History of Section. P.L. 1955, ch. 3557, § 8; G.L. 1956, § 4-11-8 .

4-11-9. Quarantine and destruction of nonpsittacine birds exposed to psittacosis.

Birds not of the psittacine family are to be regarded as dangerous when they have been exposed to psittacosis, and after that exposure shall be quarantined for three (3) weeks and killed and burned by the owner or other person in charge of those birds if they develop or appear to develop symptoms of the disease.

History of Section. P.L. 1955, ch. 3557, § 9; G.L. 1956, § 4-11-9 .

4-11-10. Indemnity for destroyed birds denied.

No indemnity will be paid the owner or other person in charge of those birds for destroyed birds.

History of Section. P.L. 1955, ch. 3557, § 10; G.L. 1956, § 4-11-10 .

4-11-11. Enforcement of chapter — Rules and regulations.

The director of environmental management in cooperation with the local health officers shall carry out the provisions of this chapter. The director of environmental management is authorized to make reasonable rules and regulations to carry out the provisions of this chapter.

History of Section. P.L. 1955, ch. 3557, § 11; G.L. 1956, § 4-11-11 .

4-11-12. Penalty for violations.

Any person, firm, or corporation who violates any provision of this chapter shall be subject upon conviction to a fine not to exceed two hundred dollars ($200) per bird and/or loss of specimen.

History of Section. P.L. 1955, ch. 3557, § 12; G.L. 1956, § 4-11-12 ; P.L. 1994, ch. 231, § 1.

4-11-13. Other laws unimpaired.

No parts of this chapter shall, or are intended to, nullify any of the provisions of chapters 4 — 6 of this title or chapter 25 of title 5.

History of Section. P.L. 1955, ch. 3557, § 13; G.L. 1956, § 4-11-13 .

4-12-1. Title.

Sections 4-12-1 — 4-12-1 7 shall be known as the “Rhode Island Apiculture Law”.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-2. Definitions.

As used in §§ 4-12-2 — 4-12-17 unless the context clearly requires otherwise, the following terms mean:

1. “Abandoned colony or apiary” means any colony or apiary which is not currently registered and has not been registered within the preceding two (2) years and/or which the inspector is unable to locate the owner and is unable to inspect due to conditions within the colony which render the colony or apiary uninspectable.
2. “Apiary” means any place or location where one or more colonies or nuclei of bees are kept.
3. “Authorized official” means the state official authorized to inspect apiaries in the state of origin of bees being transported into or through the state.
4. “Beekeeper” means any individual, person, firm, association or corporation owning, possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or byproducts, or for the pollination of crops for either personal or commercial use.
5. “Beekeeping equipment” means all hives, hive bodies, supers, frames, combs, bottom boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices or boxes or other containers which may have been used in the capturing or holding of swarms, and including honey which may be or may have been used in or on any hive, colony, nuclei or used in the rearing or manipulation of bees or their brood.
6. “Bees” means any stage of the common honey bee, apis mellifera, or other bees kept for the production of honey, wax or pollination.
7. “Colony” means the bees inhabiting a single hive, nuclei box or dwelling place.
8. “Director” means the director of the Rhode Island department of environmental management.
9. “Disease” means American foulbrood and any other infectious, contagious or communicable disease affecting bees or their brood.
10. “Eradicate” means the destruction and/or disinfection of infected and/or infested bees, equipment and/or pests by burning or by treatment approved by the state inspector.
11. “Feral colony” means an unowned or unmanaged colony of bees existing naturally.
12. “Hive” means any man-made domicile with removable frames for keeping bees.
13. “Inspector” means a person appointed by the director to check for diseased conditions or pest infestations in one or more apiaries as authorized by law.
14. “Pests” means the honey bee tracheal mite, Acarapis woodi; and the Varroa mite, Varroa jacobsoni, and any other arthropod pests detrimental to honey bees; and genetic strains of the Africanized sub species, Apis mellifera adansoni and/or Apis mellifera scutellata.
15. “Swarms” means a natural division of a colony in the process of becoming a feral colony.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-3. Inspector of apiaries — Deputies and assistants.

The director of environmental management shall appoint an inspector of apiaries, who shall assist in the enforcement of this chapter, under the supervision of the director. For those purposes, this inspector may, with the approval of the director, employ any deputies and assistants as may be necessary to enable the inspector to properly discharge duties as outlined.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-4. Inspectors — Qualification.

Any person appointed by the director as an apiary inspector shall be a practical beekeeper who before being appointed shall furnish the director with satisfactory evidence that the appointee possesses a practical knowledge of beekeeping and is familiar with the diagnosis and treatment of honey bee diseases and honey bee pests and/or is a graduate of an agricultural college with qualifying training in apiculture. The state inspector, or appointed deputies and assistants, may not own more than fifty (50) colonies of honey bees.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-5. Inspection/survey of apiaries — Notice — Entry — Abatement of infection — Infestation of undesirable bees.

1. The director of environmental management, to determine the presence or absence of infectious, contagious or communicable diseases or honey bee pests, shall annually either:
   1. Inspect twenty percent (20%) of the bee colonies located within thirty-three percent (33%) of the state’s apiaries to determine the presence or absence of diseases and pests listed in § 4-12-2(14) ; or
2. A registered beekeeper may make a written request to the director for a special examination of the beekeeper’s colonies. On receipt of this written request the director or authorized inspector shall inspect the bees owned and managed by that beekeeper for bee diseases or pests. A reasonable fee shall be charged which is not contingent upon issuance of a health certificate.
3. Once written notice of inspection has been given to an owner as provided in this section, that owner shall not move any hive or hives or bees or bee equipment from the time notice is received until either seven (7) days thereafter or until the time that  the results of the inspection are received.
4. The director shall provide for controlling or eliminating infested or diseased honey bees and pests, including eliminating swarms and feral colonies as a means to prevent further dispersal and to protect the public and the economy of this state. The control procedures shall:
   1. Include abatement, as prescribed by rules adopted under this article.
   2. Include a public education program to emphasize the importance of a healthy beekeeping industry.
   3. Be designed and implemented to minimize the negative impact on beekeepers while being effective in controlling Africanized bees and other pests.

(2) Conduct a statistical biological survey as published by the federal agriculture research service or the animal and plant health inspection service or the Beltsville beneficial insects laboratory.

Inspections or surveys will be geographically disbursed so as to be representative of the colonies within the state.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-6. Specialized examination — Inspection fees — Accessibility.

1. Any bees kept in anything other than a hive with removable frames (which must be reasonably removable) such as box hives or other receptacles, natural or artificial, shall be deemed impossible to inspect unless the owner of these bees removes the brood or makes the brood accessible to the director or inspectors. To permit inspection of the brood, the director may order the colonies to be transferred to removable frame hives within thirty (30) days. In the event the order is not carried out, these colonies may be destroyed by the director or appointed inspectors.
2. On finding infection or infestation or exposure to infection or infestation the director or inspector shall require that the infected, infested, or exposed bees, hives, or equipment be treated, or, after unsuccessful treatment, destroyed.
3. The director or appointed inspector shall require removal from the state or the destruction of honey bees or beekeeping equipment which has been brought into this state in violation of this law.
4. After inspecting infected hives, beekeeping equipment or handling diseased bees, the inspector or the deputy inspector shall, before leaving the premises or proceeding to any other apiary, thoroughly disinfect any portion of the inspector’s person, clothing and/or any tools used which may have come in contact with infected material, and shall see that any assistant or assistants with him or her have likewise thoroughly disinfected their persons and clothing and any tools used by them.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-7. Certification of health — Expiration — Quarantine — Eradication.

1. If, by reason of an owner requested inspection, the director is satisfied that no apparent disease or pest exists in any colony in an apiary, the director shall issue to the owner a certificate of health setting out the date of the inspection, the number of colonies and the results of the inspection. This certificate shall expire ninety (90) days after the inspection.
2. If, by reason of any inspection, the director is satisfied of the existence of any disease or pest, the director shall notify the beekeeper owning the apiary, in writing, of the results of the inspection, setting out the number and location of infected colonies and informing the owner of the proper methods of treating or destroying the infected colonies. Any apiary infected with any contagious or infectious bee disease or pest may be declared under quarantine and the owner shall be prohibited from moving this apiary, bees, honey, wax, or used beekeeping equipment. The owner shall eliminate the diseased or pest infested condition within the apiary or equipment or both, to the satisfaction of the director. The quarantine will then be lifted.
3. If, by the time of the next inspection, which will be no more than thirty (30) days after the initial inspection, the disease or pest infested condition has not been eliminated, the director shall supervise either the treatment or eradication of the disease or pest infested bees and equipment, or shall otherwise eliminate the diseased or pest infested condition and lift the quarantine on any remaining bees, colonies or equipment.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-8. Movement permit required — When — Form — Issuance — Fee — Verbal authorization.

1. It is unlawful to move, carry, transport, or ship bees, bees on comb, combs or used beekeeping equipment into the state unless accompanied by a valid permit issued by the director of environmental management. Applications for a permit to transport bees or used beekeeping equipment into the state shall be submitted on a form approved by the director. This application form shall be accompanied by a certificate of health issued by the authorized official of the state from which the bees are to be moved, certifying that the bees and used beekeeping equipment have been inspected by an authorized official during a period of active brood rearing, within fifteen (15) days prior to the proposed date of movement, and that these bees and used beekeeping equipment were found apparently free from any diseases or pests. Each application shall disclose the number of colonies of bees to be transported and a description of the location or locations where the bees are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping equipment into the state, accompanied by a proper certificate of health and application fee of fifty dollars ($50.00) per application, the director shall issue the desired permit. This shall not apply to honey bees from quarantined areas outside the state. These quarantines shall include all federal, state or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with regulations made pursuant to this law.
2. Regardless of the provisions in subsection (a) of this section, the director has the authority to issue a permit without inspection to the person or persons owning these bees and equipment providing these bees and beekeeping equipment were certified and moved from the state within fifteen (15) days prior to the desired date of reentry and if the director is satisfied these bees and equipment have not been exposed to diseased bees, pests, or equipment. This section shall not apply to bees or beekeeping equipment returning from quarantined areas.
3. A verbal authorization may be allowed by the director if the written permit outlined above has been submitted and received in a timely manner but has not been returned by the time the bees are to be moved.
4. Combless packages of bees or queens, or both, may be admitted into Rhode Island without a Rhode Island permit, when accompanied by a valid certificate of inspection from the state of origin stating that they are free of diseases and pests. This shall not apply to honey bees from quarantined areas outside the state. These quarantines shall include all federal, state or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with regulations made pursuant to this law.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-9. Quarantine areas outside state — Seizure — Inspection — Eradication.

Whenever the director finds that there exists in any other state, territory, or district or part of any state, territory, or district, any harmful pests or diseases of honey bees, the director shall promulgate, and enforce by appropriate regulations, a quarantine prohibiting the importation of or the transportation into or through Rhode Island or any portion of Rhode Island, from any other state, territory or district, any honey bees, used beekeeping equipment, or any other article or product capable of carrying these pests or diseases. The director shall make rules for the seizure, inspection, disinfection, eradication, destruction, or other disposition of any honey bees, used beekeeping equipment or any other regulated article or product capable of carrying these pests or diseases in violation of this quarantine.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-10. Quarantines inside state — Seizure — Inspection — Notice — Eradication — Lien for expenses.

1. Whenever the director finds there exists in this state, or any part of this state, a harmful disease or pest of honey bees, which, for the protection of the apiculture and/or agriculture industry within the state, should be prevented from spreading and be controlled or eradicated, the director shall adopt and carry out any restrictive and control measures as may be deemed necessary and advisable and shall cooperate with other state agencies and with the United States department of agriculture.
2. The director shall promulgate regulations establishing quarantines and quarantine restrictions covering areas in the state affected by these honey bee diseases or pests, and other areas within the state which are likely to be affected by these diseases and pests.
3. Under these quarantines the director or authorized personnel shall prohibit and prevent the movement, shipment, or transportation without inspection of any honey bees, used beekeeping equipment, or any other regulated material or article of any character capable of carrying this disease or pest in any stage of its development, originating in or which has been stored in quarantined areas or in any area outside the state infested with this disease or pest, except under any conditions as the director may prescribe as to inspection, treatment and certification. In carrying out the provisions of this section the director or authorized personnel may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers whether air, land or water, and may open and inspect any container or shipment thought to be carrying this disease or pest in any stage of its development. Any honey bees, used beekeeping equipment, or any other regulated articles moved, shipped, or transported in violation of this quarantine shall be seized and treated, destroyed or otherwise disposed of in accordance with the instructions of the director.
4. Under these quarantines the director shall require the treatment or destruction of infected or infested honey bee colonies as may be necessary to effectively destroy or prevent the development of this disease and pests of honey bees. It shall be the duty of the owner or person in charge of any apiary or any other regulated article within this quarantined area upon due notice, to take any action as is required within the time limit specified and in a manner designated by the director.
5. In case the owner or person in charge of any apiary, used beekeeping equipment or other regulated articles within the quarantined area neglects or refuses to carry out the instructions of the director contained in the notice within time limits specified, the director or authorized personnel shall take the action required, and the director shall have and enforce a lien for the expense against the place in or upon which the expense was incurred in the same manner as liens are had and enforced upon buildings and lots, wharves and piers for labor and materials furnished by virtue of contract with the owner.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-11. Revocation of movement permit.

Any permit for the movement of bees or used beekeeping equipment into the state, or any health certificate, issued by the director or authorized personnel, may be revoked for cause by the director or authorized personnel. Notice of this revocation shall be in writing and shall be mailed, by certified mail, to the last known address of the holder of the permit or certificate.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-12. Registration of apiaries.

1. All apiaries in the state must be registered, annually, with the director of environmental management not later than March first. All persons owning honey bees within the state shall annually notify the director of the keeping of bees, their location and number of colonies.
2. Any person(s) within the state who sells, gives, barters, or otherwise transfers ownership of bees and/or honey bee colonies, and/or nuclei colonies shall notify the director, in writing, within thirty (30) days of the name and address of the new owner.
3. Between 14 and 30 days prior to March first annually the director shall cause notice of the registration requirement to be published at least twice in the state newspaper and in other newspapers and journals of general circulation adequate to provide reasonable notice throughout the state.
4. The director shall mail to all registered beekeepers the necessary registration material annually, at least thirty (30) days prior to March first.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-13. Identification of apiaries — Abandoned apiaries — Written notice — Steps to protect neighboring apiaries.

1. Each colony within an apiary shall be identified with the owner’s name and address. This identification may be affixed to external parts of the colony or placed between the inner and outer covers of each colony.
2. When a colony or apiary is deemed to be abandoned written notice shall be given, by certified mail, to the owner or operator, if he or she can be located, that the colony or apiary is an abandoned colony or apiary. The abandoned colony or apiary shall be conspicuously marked as abandoned. If the owner cannot be located, this notice shall be served on the owner of the land on which the colony or apiary is located. If this colony or apiary continues to be abandoned for sixty (60) days, the director shall take whatever steps are necessary to protect the welfare of neighboring apiaries, including the removal or destruction of apiaries deemed as abandoned.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-14. Reports and records of inspector.

The inspector of apiaries shall make annual written reports to the director of the department of environmental management, giving the number of colonies inspected, the number of diseased colonies found, the number of colonies treated, and the number of colonies destroyed. A record shall also be kept of the locations where disease and/or pest infestations exists. This record however shall not be made public, but may be reviewed with the consent of the director of environmental management.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-15. Powers and duties of director — Rulemaking.

The director shall, from time to time, make regulations carrying out the provisions and requirements of §§ 4-12-1 — 4-12-1 7, including regulations under which inspectors and other employees shall:

1. Inspect apiaries and equipment associated with beekeeping;
2. Investigate, control, eradicate, and prevent the dissemination of honey bee diseases and pests; and
3. Supervise or cause the treatment, control or destruction of honey bees infected with diseases or pests.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-16. Beekeeping advisory board.

1. A beekeeping advisory board shall be established.
2. The board shall consist of six (6) members appointed for terms as indicated:
   1. The president of the Rhode Island beekeeping association (1 year).
   2. Two (2) members from the Rhode Island beekeeping association appointed by that organization’s president (3 years).
   3. One member of the Rhode Island fruit growers association appointed by that organization’s president (3 years).
   4. One member from the Rhode Island agriculture council appointed by that organization’s president (1 year).
   5. One at large member who is knowledgeable in beekeeping appointed by the director of the department of environmental management (1 year).
3. The president of the Rhode Island agricultural council shall serve as ex-officio member.
4. The initial terms of those members appointed for three (3) years shall be staggered so as to ensure that no more than one third (1/3) of these members will be appointed during a given year. Members shall serve without compensation.
5. The advisory board shall serve in an advisory capacity to the director of environmental management in all aspects of beekeeping as it relates to the control and elimination of honey bee diseases and pests, inspection of apiaries and establishment of internal and external quarantines as outlined in this chapter.
6. The board will advise the director on policies, procedures, and regulations designed to strengthen the beekeeping industry within the state so as to make the state self sufficient in the area of pollination required to support the state’s agricultural industry.
7. The advisory board shall meet with the director of the department of environmental management quarterly and at any other times as requested by the director.

History of Section. P.L. 1989, ch. 495, § 2.

4-12-17. Penalties.

Any person who violates any provision or requirement of §§ 4-12-1 — 4-12-1 6 or who forges, counterfeits, defaces, destroys, or wrongfully uses or possesses any certificate provided for in §§ 4-12-5 — 4-12-14 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000).

History of Section. P.L. 1989, ch. 495, § 2.

4-13-1. Regulatory ordinances — Enforcement and penalties.

1. City or town councils may make any ordinances concerning dogs in their cities or towns as they deem expedient, to be enforced by the destruction or disposition of the animal, or by pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00) for the third and any subsequent offense within a year to be recovered by action of debt, or by complaint and warrant, to use as that city council or town council may prescribe.
2. 1. Barrington town council is authorized to enact an ordinance:
      1. Permitting the animal control officer in the town to issue citations to the owners of dogs for violation of any animal control ordinance which may be paid by mail; and
      2. To prescribe pecuniary penalties as follows:
         1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
         2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
         3. A fine of not more seventy-five dollars ($75.00) for the third and each subsequent offense within a calendar year.
   2. 1. Bristol town council is authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail, and to prescribe pecuniary penalties as follows:
         1. A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar year;
         2. A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar year;
         3. A fine not exceeding one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
      2. The Bristol town council may by ordinance prescribe the number of licensed dogs and their breeds which may be kept at any single-family residence other than a breeding kennel licensed under § 4-13-10 , and may enforce those ordinances by pecuniary penalties not exceeding two hundred fifty dollars ($250).
   3. Coventry town council is authorized to enact ordinances permitting the dog officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
   4. 1. Cumberland town council may prescribe pecuniary penalties as follows:
         1. A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
         2. A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
         3. A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
      2. The town council of the town of Cumberland is authorized to enact an ordinance permitting the animal control officer or any police officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
      3. The town council of the town of Cumberland is authorized to enact an ordinance establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound.
   5. Glocester town council is authorized to enact an ordinance to prescribe pecuniary penalties as follows:
      1. A fine not more than twenty dollars ($20.00) for the first offense within a calendar year;
      2. A fine not more than thirty dollars ($30.00) for the second offense within a calendar year;
      3. A fine not more than thirty-five dollars ($35.00) for the third offense and each subsequent offense within a calendar year.
   6. Jamestown town council may prescribe pecuniary penalties as follows:
      1. A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar year;
      2. A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar year;
      3. A fine not exceeding one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
   7. 1. Middletown may prescribe pecuniary penalties as follows for the violation of animal control ordinances on any beach within the town of Middletown:
         1. A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the calendar year;
         2. A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense within a calendar year;
         3. A fine not exceeding two hundred dollars ($200) for the third (3rd) and each subsequent offense within a calendar year.
      2. Middletown may prescribe pecuniary penalties as follows for the violation of animal control ordinances anywhere else within the town:
         1. A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;
         2. A fine not exceeding one hundred dollars ($100) for the second offense within a calendar year;
         3. A fine not exceeding one hundred fifty dollars ($150) for the third and each subsequent offense within a calendar year.
      3. The Middletown town council is authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
   8. Narragansett town council is authorized to enact an ordinance:
      1. Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
      2. Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound; and
      3. Prescribing pecuniary penalties as follows:
         1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
         2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
         3. A fine of not more than seventy-five dollars ($75.00) for the third and each subsequent offense within a calendar year.
   9. Newport city council is authorized to enact an ordinance:
      1. Permitting the animal control officer, and his or her agents, in that city to issue citations to the owners of dogs for violation of any animal control ordinance which may be paid by mail;
      2. To prescribe pecuniary penalties as follows:
         1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
         2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
         3. A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
   10. North Providence town council is authorized to enact an ordinance permitting the animal control officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
   11. 1. Portsmouth may prescribe pecuniary penalties as follows:
          1. A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
          2. A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
          3. A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
       2. The Portsmouth town council is authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
       3. The Portsmouth town council may, by ordinance, prescribe the number of licensed dogs which may be kept at any single family residence other than a breeding kennel licensed under § 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-five dollars ($25.00).
   12. The Richmond town council is authorized to enact ordinances:
       1. Establishing the following penalties for animal control offenses:
          1. A fine of not more than fifty dollars ($50.00) for the first offense within one year;
          2. A fine of not more than seventy-five dollars ($75.00) for the second offense within one year of the first offense;
          3. A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within one year of the first offense.
       2. Permitting the animal control officer or any police officer to issue citations for violation of any animal control ordinance punishable by a fine of five hundred dollars ($500) or less, and to provide for payment of those fines by mail.
   13. 1. Scituate town council may prescribe pecuniary penalties as follows:
          1. A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
          2. A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
          3. A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
       2. Scituate town council is authorized to enact ordinances permitting the dog officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
   14. 1. Smithfield town council may prescribe pecuniary penalties as follows:
          1. A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
          2. A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
          3. A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
       2. The Smithfield town council is authorized to enact an ordinance permitting the animal control warden in the town to issue citations which may be paid by mail to the owners of dogs for the violation of any dog ordinance in that town.
   15. Tiverton town council may prescribe pecuniary penalties as follows:
       1. A fine not exceeding twenty-five dollars ($25.00) for the first offense;
       2. A fine not exceeding fifty dollars ($50.00) for the second offense;
       3. A fine not exceeding one hundred dollars ($100) for the third and each subsequent offense.
   16. Warwick city council may prescribe pecuniary penalties as follows:
       1. A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;
       2. A fine not exceeding one hundred dollars ($100) for the second offense within a calendar year;
       3. A fine not exceeding two hundred dollars ($200) for the third and each subsequent offense within a calendar year; and
       4. A fine not exceeding three hundred dollars ($300) for the fourth and each   subsequent offense within a calendar year.
   17. Westerly town council is authorized to enact an ordinance:
       1. Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
       2. Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound; and
       3. Prescribe pecuniary penalties as follows:
          1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
          2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
          3. A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
   18. West Greenwich town council is authorized to enact an ordinance:
       1. Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
       2. Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound; and
       3. Prescribe pecuniary penalties as follows:
          1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
          2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
          3. A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
   19. The town council of the town of Exeter is authorized to enact any ordinance prescribing fines and penalties, in addition to those otherwise allowed by law, as follows:
       1. Providing a fine of up to twenty-five dollars ($25.00) for the first offense;
       2. Providing a fine of up to one hundred dollars ($100) for the second offense; and
       3. Providing a fine of up to two hundred dollars ($200) for the third and for any subsequent offenses within a one-year period. In addition, the town may require proof of owners liability insurance for a twelve-month (12) period insuring against injury and damages caused by the dog. That insurance shall be in the amount of one hundred thousand dollars ($100,000) and shall name the town as a named insured for the purposes of notice.
   20. West Warwick town council may prescribe pecuniary penalties as follows:
       1. A fine not exceeding fifteen dollars ($15.00) for the first offense;
       2. A fine not exceeding fifty dollars ($50.00) for the second offense;
       3. A fine not exceeding one hundred dollars ($100) for the third and each subsequent offense.
   21. Woonsocket city council is authorized to enact an ordinance:
       1. Permitting the animal control office of the city to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail;
       2. Establishing the expense of the impoundment of dogs as determined by the city council and providing for the payment to the city for the impoundment expense by the dog owner prior to removal of the dog from the pound; and
       3. Prescribing pecuniary penalties as follows:
          1. A fine of not more than fifty dollars ($50.00) for the first offense within a calendar year;
          2. A fine of not more than one hundred dollars ($100) for the second offense within a calendar year;
          3. A fine of not more than one hundred fifty dollars ($150) for the third and each subsequent offense within a calendar year.
   22. Pawtucket city council is authorized to prescribe pecuniary penalties directly related to its ordinance banning the owning or keeping of pit bulls in the city as follows:
       1. For a pit bull properly licensed according to the city ordinance:
          1. A fine not exceeding two hundred fifty dollars ($250) for the first offense;
          2. A fine not exceeding five hundred dollars ($500) on a second offense;
          3. A fine not exceeding one thousand dollars ($1,000) on a third offense.
       2. For a pit bull that is not licensed pursuant to the exceptions in the city ordinance:
          1. A fine not exceeding five hundred dollars ($500) on a first offense;
          2. A fine not exceeding one thousand dollars ($1,000) on a second or subsequent offense.
       3. Notwithstanding any other provision of this section, Pawtucket may through its municipal court impose a sentence of imprisonment not exceeding thirty (30) days in addition to the fines in subsection (b)(22)(ii)(A) or (B).
   23. 1. The Lincoln town council is authorized to prescribe pecuniary penalties as follows:
          1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
          2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
          3. A fine of not more than one hundred twenty-five dollars ($125) for the third and each subsequent offense within a calendar year.
       2. The Lincoln town council is authorized to enact an ordinance permitting the dog officer and police officers in that town to issue citations to the owners of dogs for the violation of any dog ordinance, which citation may be paid by mail.
   24. The East Providence city council is authorized to enact an ordinance permitting the animal control officer or any police officer in that city to issue citations to persons in violation of any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as follows:
       1. A fine of not more than thirty dollars ($30.00) for the first offense within a calendar year;
       2. A fine of not more than sixty dollars ($60.00) for the second offense within a calendar year;
       3. A fine of not more than one hundred twenty dollars ($120) for the third offense within a calendar year; and
       4. A fine of not more than three hundred dollars ($300) for the fourth offense and any subsequent offense within a calendar year.
   25. The Warren town council is authorized to enact an ordinance permitting the animal control officer in the town to issue citations to the owners of animals for violation of any animal control ordinance which may be paid by mail, and to prescribe pecuniary penalties as follows:
       1. A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
       2. A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
       3. A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
   26. The Burrillville town council is authorized to enact an ordinance:
       1. Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
       2. To prescribe penalties for violation of the provisions of revised general ordinances, Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled “Animals”; and
       3. Establishing an expense not to exceed ten dollars ($10.00) for the day during which impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the animal control facility.
   27. The Foster town council is authorized to enact ordinances permitting the dog officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance, which may be paid by mail, and may prescribe pecuniary penalties as follows:
       1. A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
       2. A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
       3. A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.

History of Section. G.L. 1896, ch. 111, § 1; G.L. 1909, ch. 135, § 1; G.L. 1923, ch. 136, § 1; G.L. 1938, ch. 639, § 1; G.L. 1956, § 4-13-1 ; P.L. 1970, ch. 96, § 1; P.L. 1970, ch. 196, § 1; P.L. 1976, ch. 86, § 1; P.L. 1977, ch. 43, § 1; P.L. 1978, ch. 74, § 1; P.L. 1979, ch. 65, § 1; P.L. 1980, ch. 120, § 1; P.L. 1983, ch. 94, § 1; P.L. 1983, ch. 275, § 1; P.L. 1983, ch. 286, § 1; P.L. 1984, ch. 17, § 1; P.L. 1984, ch. 27, § 1; P.L. 1984, ch. 99, § 1; P.L. 1984, ch. 370, § 1; P.L. 1985, ch. 91, § 1; P.L. 1985, ch. 111, § 1; P.L. 1985, ch. 133, § 1; P.L. 1985, ch. 210, § 1; P.L. 1987, ch. 157, § 1; P.L. 1987, ch. 304, § 1; P.L. 1988, ch. 118, § 1; P.L. 1988, ch. 480, § 1; P.L. 1993, ch. 338, § 1; P.L. 1994, ch. 36, § 1; P.L. 1994, ch. 119, § 1; P.L. 1994, ch. 276, § 1; P.L. 1994, ch. 278, § 1; P.L. 1996, ch. 35, § 1; P.L. 1998, ch. 201, § 1; P.L. 1999, ch. 58, § 1; P.L. 1999, ch. 401, § 1; P.L. 2002, ch. 72, § 1; P.L. 2002, ch. 101, § 1; P.L. 2002, ch. 260, § 1; P.L. 2002, ch. 372, § 1; P.L. 2004, ch. 29, § 1; P.L. 2004, ch. 78, § 1; P.L. 2004, ch. 120, § 1; P.L. 2004, ch. 217, § 1; P.L. 2006, ch. 500, § 1; P.L. 2008, ch. 279, § 1; P.L. 2008, ch. 470, § 1; P.L. 2009, ch. 122, § 1; P.L. 2009, ch. 176, § 1; P.L. 2010, ch. 197, § 1; P.L. 2010, ch. 225, § 1; P.L. 2011, ch. 30, § 1; P.L. 2011, ch. 35, § 1; P.L. 2011, ch. 141, § 1; P.L. 2011, ch. 142, § 1; P.L. 2020, ch. 21, § 1; P.L. 2020, ch. 38, § 1.

4-13-1.1. Towns of Portsmouth, West Warwick, and Middletown and city of Woonsocket — Vicious dog ordinance.

1. Notwithstanding any other provisions of this section or the general laws to the contrary, the town councils of the towns of Portsmouth, West Warwick and Middletown may, by ordinance, provide that the owner or keeper of any dog that assaults any person shall be fined an amount not less than one hundred dollars ($100) nor more than two hundred dollars ($200) to be used as that city or town council may prescribe. However, this fine shall not be imposed unless the officer responsible for enforcement of that ordinance has conducted an investigation of the assault and has certified that the dog was off the property of its owner or keeper and at large at the time the assault occurred or that the assault resulted from the negligence of the owner or keeper.
2. In the city of Woonsocket an owner shall not be declared negligent if an injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, provoking, abusing or assaulting the dog or was committing or attempting to commit a crime.

History of Section. P.L. 1984, ch. 370, § 1; P.L. 1988, ch. 480, § 1; P.L. 1999, ch. 401, § 1; P.L. 2002, ch. 72, § 1; P.L. 2002, ch. 372, § 1.

4-13-1.2. Definitions.

1. “Adequate shelter” means the provision of and access to shelter that is suitable for the species, age, condition, size, and type of each dog; provides sufficient space for the dog to maintain comfortable rest, normal posture, and range of movement; and is safe to protect each dog from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health. Shelters with wire grid or slat floors that permit the dog’s feet to pass through the openings, sag under the dog’s weight, or otherwise do not protect the dog’s feet from injury, are not considered adequate shelter.
2. “Board” means the rabies control board.
3. “Department” means the department of environmental management or its successor.
4. “Director” means the director of the department of environmental management (or its successor), or his or her designee.
5. “Division” means the division of agriculture.
6. “Guardian” means a person(s) having the same rights and responsibilities as an owner or keeper, and the terms may 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.
7. “Livestock” means domesticated animals that are commonly held in moderate contact with humans which include, but are not limited to, cattle, bison, equines, sheep, goats, llamas, and swine.
8. “Owner or keeper” means any person or agency keeping, harboring, or having charge or control of or responsibility for control of an animal or any person or agency that permits any dog, cat, ferret, or domestic animal to habitually be fed within that person’s yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.
9. “Person” means an individual, firm, joint stock company, partnership, association, private or municipal corporation, trust, estate, state, commission, political subdivision, any interstate body, the federal government or any agency or subdivision of the federal government, other government entity, or other legal entity.
10. “Pets” means domesticated animals kept in close contact with humans, which include, but may not be limited to, dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.
11. “Quarantine” means the removal, isolation, the close confinement, or related measures of an animal under conditions and for time periods that are set by regulation of the board.
12. “Tether” means the practice of fastening a dog to a stationary object or stake by a chain, rope, or other tethering device as a means of keeping the dog under control. A dog being walked on a leash is not tethered.

History of Section. P.L. 1992, ch. 353, § 1; P.L. 1995, ch. 388, § 1; P.L. 1998, ch. 441, § 10; P.L. 2001, ch. 72, § 4; P.L. 2012, ch. 301, § 1; P.L. 2012, ch. 358, § 1; P.L. 2018, ch. 118, § 1; P.L. 2018, ch. 198, § 1.

4-13-1.3. Rabies control board.

1. There shall be a rabies control board consisting of seven (7) people as follows:
   1. The director of the Rhode Island department of environmental management, or his or her designee;
   2. The director of the Rhode Island department of health, or his or her designee;
   3. A Rhode Island licensed veterinarian, appointed by the governor, who is a member of the Rhode Island Veterinary Medical Association;
   4. A livestock farmer, appointed by the governor, who is a member of the Rhode Island Farm Bureau;
   5. A member of a recognized Rhode Island humane group (such as the Rhode Island Society for Prevention of Cruelty to Animals), appointed by the governor;
   6. The state veterinarian, who shall serve as chairperson;
   7. A person employed as an animal control officer by a Rhode Island municipality, and who is recommended to serve on the rabies control board by the league of cities and towns, and who is appointed by the governor.
2. All appointments made under this section after April 20, 2006, shall be subject to the advice and consent of the senate. The members of the board shall serve without compensation. The board members from the departments of health and environmental management shall serve at the discretion of their directors. The state veterinarian shall serve without term. Nongovernmental members shall serve for a period of three (3) years and reappointments shall be made by the governor with the advice and consent of the senate.
3. Vacancies for citizen members shall be filled by appointment, in the same manner as the original appointment, for the unexpired term only. Four (4) members of the board shall constitute a quorum.
4. Members of the board shall be removable by the governor pursuant to § 36-1-7 and for cause only. Removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.
5. The board may elect from among its members such other officers as it deems necessary.
6. The director of the department of environmental management shall direct staff to support the board within the constraints of available resources.
7. Within ninety (90) days after the end of each fiscal year, the board shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended, including the source of the funds, a listing of any staff supported by these funds, a summary of any clerical, administrative, or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings, and remedies; a synopsis of any legal matters related to the authority of the board; a summary of any training courses held pursuant to subsection (h); a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.
8. Newly appointed and qualified members and new designees of ex officio members of the board are required to complete a training course within six (6) months of their qualification or designation. The course shall be developed by the chair of the board, approved by the board, and conducted by the chair of the board. The board may approve the use of any board or staff members or other individuals to assist with training. The course shall include instruction in the following areas: chapters 13 of title 4, 46 of title 42, 14 of title 36 and 2 of title 38; and the board’s rules and regulations. The director of the department of administration shall, within ninety (90) days of April 20, 2006, prepare and disseminate training materials relating to the provisions of chapters 46 of title 42, 14 of title 36 and 2 of title 38.

History of Section. P.L. 1992, ch. 353, § 1; P.L. 1995, ch. 388, § 1; P.L. 2001, ch. 180, § 3; P.L. 2006, ch. 22, § 2; P.L. 2006, ch. 27, § 2; P.L. 2016, ch. 512, art. 2, § 47; P.L. 2017, ch. 11, § 1; P.L. 2017, ch. 28, § 1.

4-13-2. Tax imposed by cities and towns — Enactment of local laws to prevent damage to livestock.

The city or town council of any city or town may impose a yearly tax upon every person in their city or town for every dog owned or kept by him or her as the council shall judge proper; and also make any laws to prevent damage to sheep and cattle as they may deem necessary.

History of Section. G.L. 1896, ch. 111, § 2; G.L. 1909, ch. 135, § 2; G.L. 1923, ch. 136, § 2; G.L. 1938, ch. 639, § 2; G.L. 1956, § 4-13-2 .

4-13-3. Prior ordinances preserved.

Nothing in this chapter shall be construed as to repeal any ordinance concerning dogs, not inconsistent with the provisions of this chapter, which has been passed by any town or city council.

History of Section. G.L. 1896, ch. 111, § 9; G.L. 1909, ch. 135, § 9; G.L. 1923, ch. 136, § 9; G.L. 1938, ch. 639, § 9; G.L. 1956, § 4-13-3 .

4-13-4. Dog licenses — Fees — Penalties.

1. 1. Every owner or keeper of a dog shall annually, in April, obtain a license effective May 1 through the office of the city or town clerk of the city or town in which the owner or keeper resides.
   2. The fees for the license shall be five dollars ($5.00).
   3. No city or town shall issue any license under this section unless the dog has been inoculated against rabies for the period of time which the license would be valid.
   4. All licenses issued under the provisions of this chapter shall be valid in every city or town during the then-current year.
   5. Any person who becomes the owner or keeper of a dog shall obtain a license within thirty (30) days after he or she becomes the owner or keeper.
   6. 1. The Cumberland town clerk may issue a license renewable every two (2) years for a licensing fee of six dollars ($6.00).
      2. Glocester town council may provide for an annual licensing fee of fourteen dollars ($14.00) for all dogs, except spayed or neutered females and males, and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.
      3. Jamestown town council may provide, by ordinance, for an annual licensing fee not to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars ($25.00) for unneutered dogs.
      4. Newport city council may, however, provide, by ordinance, for an annual licensing fee of not more than ten dollars ($10.00) for all spayed and neutered dogs, and for an annual licensing fee of not more than fifteen dollars ($15.00) for unspayed females and unneutered males.
      5. North Smithfield town council may provide, by ordinance, for an annual licensing fee of five dollars ($5.00) for all dogs.
      6. 1. South Kingstown town council may provide for an annual licensing fee of twelve dollars ($12.00) for all dogs, except spayed or neutered female and male dogs, and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.
         2. The South Kingstown town council may assess an impound fee.
      7. 1. Westerly town council may provide, by ordinance, for an annual license fee of ten dollars ($10.00) for unspayed female dogs and unneutered male dogs;
         2. May provide for a fee of one dollar ($1.00) for the replacement of lost dog tags;
         3. May provide that no fee be charged to license guide dogs used by persons with disabilities;
         4. May provide for the number of licensed dogs which may be kept at any single-family residence, other than a breeding kennel; and
         5. May provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violations.
      8. Woonsocket city council may provide, by ordinance, for an annual licensing fee of five dollars ($5.00) for all dogs.
      9. 1. West Warwick town council may provide, by ordinance, for an annual license fee of seven dollars ($7.00) for each neutered male or spayed female and fifteen dollars ($15.00) for each unneutered male and unspayed female.
         2. May provide, by ordinance, for a payment of a two dollars ($2.00) fee for duplicate or for replacement tags.
      10. 1. Pawtucket city council may provide, by ordinance, for an annual licensing fee not to exceed fifteen dollars ($15.00) for spayed or neutered dogs, and not to exceed twenty-five dollars ($25.00) for unspayed or unneutered dogs.
          2. May provide, by ordinance, for an annual licensing fee for dogs owned by residents age 65 or older not to exceed five dollars ($5.00) for spayed or neutered dogs, and not to exceed ten dollars ($10.00) for unspayed or unneutered dogs.
      11. Scituate town council may provide, by ordinance, for an annual license fee not to exceed twenty ($20.00) dollars for all dogs.
      12. Burrillville town council may:
          1. Provide, by ordinance, for an annual licensing fee of not more than ten dollars ($10.00) for all dogs; and
          2. Provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violations.
      13. The Middletown town council may:
          1. Provide, by ordinance, for an annual licensing fee not to exceed twenty-five dollars ($25.00) per dog.
      14. Foster town council may:
          1. Provide, by ordinance, for an annual or biennial licensing fee not to exceed fifteen dollars ($15.00) for all dogs; and
          2. Provide for pecuniary damages not exceeding twenty-five dollars ($25.00) for violations.
2. Every person, owning or keeping a dog not licensed and/or collared according to the provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the city or town, and that fine shall be in addition to all other lawful fees.
3. Any city or town may waive the fee to be charged to license guide dogs used by persons with disabilities.
4. In the city of Woonsocket, every person owning or keeping a dog not licensed and/or collared according to the provisions of this chapter shall be fined fifty dollars ($50.00) for the first offense; one hundred dollars ($100) for the second offense; and one hundred fifty dollars ($150) for the third and subsequent offenses.

History of Section. G.L. 1896, ch. 111, § 8; G.L. 1909, ch. 135, § 8; G.L. 1923, ch. 136, § 8; G.L. 1938, ch. 639, § 8; G.L. 1956, § 4-13-4 ; P.L. 1970, ch. 196, § 1; P.L. 1978, ch. 162, § 1; P.L. 1982, ch. 157, § 1; P.L. 1985, ch. 112, § 1; P.L. 1988, ch. 445, § 1; P.L. 1990, ch. 4, § 1; P.L. 1990, ch. 43, § 1; P.L. 1990, ch. 124, § 1; P.L. 1990, ch. 125, § 1; P.L. 1992, ch. 70, § 1; 1992, ch. 307, § 1; P.L. 1994, ch. 35, § 1; P.L. 1994, ch. 220, § 1; P.L. 1994, ch. 281, § 1; P.L. 1995, ch. 242, § 1; P.L. 1996, ch. 35, § 1; P.L. 1999, ch. 83, § 1; P.L. 1999, ch. 130, § 1; P.L. 1999, ch. 144, § 1; P.L. 1999, ch. 401, § 1; P.L. 1999, ch. 418, § 1; P.L. 2002, ch. 72, § 1; P.L. 2002, ch. 372, § 1; P.L. 2003, ch. 257, § 1; P.L. 2003, ch. 292, § 1; P.L. 2005, ch. 196, § 1; P.L. 2005, ch. 216, § 1; P.L. 2008, ch. 268, § 1; P.L. 2008, ch. 358, § 1; P.L. 2010, ch. 197, § 1; P.L. 2010, ch. 225, § 1; P.L. 2011, ch. 30, § 1; P.L. 2011, ch. 35, § 1; P.L. 2016, ch. 297, § 1; P.L. 2016, ch. 310, § 1.

4-13-4.1. Notice to new owner of inoculation and licensing requirements.

1. It is unlawful for any dog pound, animal shelter, kennel, pet store, or any other facility licensed pursuant to chapter 19 of this title to sell, give away, or adopt out any dog without providing the new owner with a form indicating that inoculation against rabies and permanent licensing are required within thirty (30) days.
2. The facility shall also require the new owner to sign a register indicating that the new owner has received a form and register shall also contain the name and address of the new owner and shall be permanently maintained by the facility.
3. The person obtaining a dog in this manner is required to have this dog inoculated against rabies and obtain a permanent license within thirty (30) days.
4. Any person who violates the provisions of this section is subject to the penalty provisions of § 4-13-4 .

History of Section. P.L. 1987, ch. 388, § 1.

4-13-5. License information and record.

Every owner or keeper of a dog applying for a license as provided for in § 4-13-4 shall furnish the city or town clerk with the following information: name and address of owner or keeper, and breed, sex, color, and name of dog to be licensed. The city or town clerk shall assign a registered number for each dog licensed and shall enter on the license the registered number, name, and address of the owner or keeper, and the breed, sex, color, and name of the dog licensed, and shall keep a record of all licenses issued.

History of Section. G.L. 1896, ch. 111, § 10; G.L. 1909, ch. 135, § 10; P.L. 1916, ch. 1384, § 1; G.L. 1923, ch. 136, § 10; G.L. 1938, ch. 639, § 10; G.L. 1956, § 4-13-5 ; P.L. 1970, ch. 196, § 1.

4-13-6. Repealed.

History of Section. G.L. 1923, ch. 135, § 10; P.L. 1916, ch. 1384, § 1; G.L. 1923, ch. 136, § 10; G.L. 1938, ch. 639, § 10; G.L. 1956, § 4-13-6 ; Repealed by P.L. 1970, ch. 196, § 2.

4-13-7. Notice as to time and place of issuing licenses.

The city or town clerks of the several cities and towns shall annually, in the month of March, give notice by publication at least once in a newspaper of general circulation within the city or town, giving notice to the people of the time and place for issuing the licenses provided for in this chapter.

History of Section. G.L. 1896, ch. 111, § 19; G.L. 1909, ch. 135, § 19; G.L. 1932, ch. 136, § 19; G.L. 1938, ch. 639, § 19; G.L. 1956, § 4-13-7 ; P.L. 1970, ch. 196, § 1.

4-13-8. Disposition of license fees.

Towns and cities may adopt ordinances or regulations concerning the use of money received, but where no ordinances or regulations are adopted, town and city clerks shall issue licenses and receive the money and pay the money into the treasury of the city or town retaining fifty cents (50¢) for his or her own use for each license issued.

History of Section. G.L. 1896, ch. 111, § 11; G.L. 1909, ch. 135, § 11; G.L. 1923, ch. 136, § 11; G.L. 1938, ch. 639, § 11; G.L. 1956, § 4-13-8 ; P.L. 1962, ch. 7, § 1; P.L. 1970, ch. 196, § 1.

4-13-9. Pups exempt from license.

No license shall be required for any dog under the age of six (6) months.

History of Section. G.L. 1909, ch. 111, § 29; P.L. 1897, ch. 462, § 2; G.L. 1909, ch. 135, § 29; G.L. 1923, ch. 136, § 29; G.L. 1938, ch. 639, § 30; G.L. 1976, § 4-13-9 .

4-13-10. Thoroughbred dogs exempt — Kennel licenses.

No license fee is imposed on any thoroughbred dogs kept for breeding and stud purposes only; provided, that the dog is owned by a breeder or annual exhibitor of thoroughbred dogs; and provided, further, that the dogs are kept in a breeding kennel licensed in accordance with the provisions of this section, and only allowed at large in charge of the owner or keeper of that kennel. Every owner or keeper of thoroughbred dogs may make application to the city or town clerk or board of police commissioners or chief of police granting the dog licenses in the town or city in which that kennel is proposed to be located for what shall be known as a kennel license. The application states the name or names of the owner and keeper of the kennel, the proposed location of the kennel, and the number of dogs to be kept; and that the dogs are to be kept only for breeding and stud purposes. If that town or city clerk or board of police commissioners or chief of police deems that the kennel and the use and operation of that kennel at that location would not constitute a public nuisance, he, she, or they shall issue a kennel license authorizing the owner or keeper to keep the kennel in the definite location to be specified in the license, upon the payment by the applicant of twenty-five dollars ($25.00) for the license. Every kennel license is for a period not exceeding one year and expires on the first day of April. All moneys received shall be credited to the dog fund of the town or city. Any person without a kennel license who establishes or keeps a kennel shall be fined not exceeding five dollars ($5.00) for each day the kennel is kept.

History of Section. G.L. 1909, ch. 111, § 28; P.L. 1897, ch. 462, § 1; G.L. 1909, ch. 135, § 28; P.L. 1915, ch. 1240, § 2; G.L. 1923, ch. 136, § 28; P.L. 1925, ch. 645, § 1; G.L. 1938, ch. 639, § 29; G.L. 1956, § 4-13-10 ; P.L. 1970, ch. 196, § 1.

4-13-11. Annual census of dogs — List of licenses issued.

The city or town sergeant of each city or town, or any special constables as the city or town council of the city or town may appoint, annually in the month of April, shall ascertain and make a list of the owners or keepers of dogs in the city or town and return the list to the city or town clerk on or before the last day of May. The sergeant or constables shall receive from the city or town treasury the sum of twenty cents (20¢) for each dog listed, except in the city of Providence, where the special constable shall receive from the city treasurer a sum fixed by the city council of the city for each dog listed. The city or town clerk shall within two (2) weeks thereafter furnish to the city or town sergeant or to each special constable appointed and sworn a list of all dogs licensed for the current year and a list of those not licensed, with the names of the owners or keepers, and shall, except in the cities of Newport and Providence, post the list in at least three (3) public places in the city or town or publish the list in any other manner as the city or town council may direct. This section does not apply to the city of Pawtucket insofar as special provision is made for that city.

History of Section. G.L. 1896, ch. 111, § 12; P.L. 1897, ch. 453, § 1; G.L. 1909, ch. 135, § 12; G.L. 1923, ch. 136, § 12; P.L. 1932, ch. 1951, § 3; G.L. 1938, ch. 639, § 12; G.L. 1956, § 4-13-11 .

4-13-12. Repealed.

History of Section. G.L. 1896, ch. 111, § 13; P.L. 1897, ch. 453, § 1; G.L. 1909, ch. 135, § 13; G.L. 1923, ch. 136, § 13; G.L. 1938, ch. 639, § 13; G.L. 1956, § 4-13-12 ; Repealed by P.L. 1985, ch. 270, § 1, effective June 19, 1985.

4-13-13. Wrongful removal of collar — Theft or destruction of licensed dogs — Poisoning.

Whoever wrongfully removes the collar from the neck of a dog licensed and collared according to the provisions of this chapter, or steals a dog licensed or collared, or kills, maims, entices, carries away, or detains a licensed dog, or distributes or exposes a poisonous substance, with the intent that the poisonous substance shall be eaten by a licensed dog, shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100) or be imprisoned not exceeding thirty (30) days, or both, and shall be liable to the dog’s owner for damages in a civil action.

History of Section. G.L. 1896, ch. 111, § 14; G.L. 1909, ch. 135, § 14; G.L. 1923, ch. 136, § 14; G.L. 1938, ch. 639, § 14; G.L. 1956, § 4-13-13 ; P.L. 1969, ch. 135, § 1; P.L. 1985, ch. 434, § 1.

4-13-14. Licensing by police authorities.

The duties imposed on town and city clerks by this chapter shall be performed by the boards of police commissioners, respectively, in the cities and towns where these boards grant the dog licenses, and in the city of Newport by the chief of police of that city.

History of Section. G.L. 1896, ch. 111, § 26; G.L. 1909, ch. 135, § 26; P.L. 1915, ch. 1240, § 1; G.L. 1923, ch. 136, § 26; G.L. 1938, ch. 639, § 27; G.L. 1956, § 4-13-14 .

4-13-15. Collaring of dogs — Impoundment and disposition of uncollared dogs.

1. Every owner or keeper of a dog shall cause the dog to wear a collar around its neck distinctly marked with its owner’s or keeper’s name and with its registered number. Any person may cause any dog not so collared to be impounded in the public pound of the town or city where the dog is found; and if the dog is not claimed by its owner or keeper within a period of five (5) days after the impoundment, the dog may be disposed of or destroyed. The five (5) days shall not include any day or part of a day that the public pound is not open for a specified period of time, not to be less than one-half (1/2) the normal hours of business, for the purpose of reclaiming any impounded  dog by its rightful owner. All periods of time shall be listed in a prominent location at the entrance to all public pounds. The owner or keeper of any dog so impounded shall not take the dog out of the pound until he or she has first paid to the poundkeeper the expense of keeping the dog, that expense not to exceed two dollars ($2.00) per day and to be determined by the city or town council in which impoundment occurs. The town council of the town of Glocester may, by ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5) days during which this impoundment occurs plus five dollars ($5.00) every day the animal is detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the dog has a current rabies shot pursuant to § 4-13-31 , and further, the dog shall not be released from the pound until all the provisions of this chapter and the ordinances of the city or town are complied with. The provisions of this section relating to the five-day (5) waiting period shall not be deemed to apply to any dog which, when impounded, was injured or maimed, and after the dog has been examined by a licensed veterinarian who shall confirm, in writing, that the dog be destroyed for humanitarian purposes.
2. Any person violating the provisions of this section is subject to the penalty provisions of § 4-1-2 .
3. Notwithstanding the provisions of subsection (a) the town council of the town of Exeter may impose an initial impoundment fee of up to fifteen dollars ($15.00) plus two dollars ($2.00) per day for each day of impoundment.
4. Notwithstanding the provisions of subsection (a), the city council of the city of East Providence is authorized to enact an ordinance imposing an initial impoundment fee of up to twenty dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment.
5. Notwithstanding the provisions of subsection (a), the town council of the town of Richmond is authorized to enact an ordinance providing for an impoundment fee of not more than twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee before an impounded animal may be released to its owner.
6. Notwithstanding the provisions of subsection (a) of this section, the Foster town council is authorized to enact an ordinance providing for an impoundment fee of not more than fifteen dollars ($15.00) per day for any impounded animal, and requiring payment of the fee before an impounded animal may be released to its owner.

The town of West Warwick may provide by ordinance an impounding fee of five dollars ($5.00) per day and may provide by ordinance for a fee for the purposes of transferring ownership or for the disposition of said animals according to law for each adult dog (six (6) months or older) the sum of twenty dollars ($20.00) and for each puppy the sum of five dollars ($5.00) and for each adult cat (six (6) months or older) the sum of ten dollars ($10.00).

History of Section. G.L. 1896, ch. 111, § 4; G.L. 1909, ch. 135, § 4; P.L. 1911, ch. 666, § 1; G.L. 1923, ch. 136, § 4; G.L. 1938, ch. 639, § 4; G.L. 1956, § 4-13-15 ; P.L. 1970, ch. 196, § 1; P.L. 1981, ch. 63, § 1; P.L. 1981, ch. 176, § 1; P.L. 1994, ch. 37, § 1; P.L. 1999, ch. 59, § 1; P.L. 1999, ch. 401, § 1; P.L. 2006, ch. 500, § 1; P.L. 2011, ch. 141, § 1; P.L. 2011, ch. 142, § 1; P.L. 2020, ch. 39, § 1; P.L. 2020, ch. 51, § 1.

4-13-15.1. Ordinances concerning unrestricted and vicious dogs prohibited — Leash laws.

1. City or town councils may make any ordinances concerning dogs in their cities or towns as the councils deem expedient, pertaining to the conduct of dogs, which ordinances shall include regulations relating to unrestricted dogs, leash laws, confinement, and destruction of vicious dogs. Those ordinances may provide as follows:
   1. Every owner or custodian of a dog shall cause that dog not to run unrestricted anywhere in the city or town. This section does not apply to any person who uses a dog under his or her direct supervision while lawfully hunting, while engaged in a supervised formal obedience training class or show or during formally sanctioned field trials.
   2. It is unlawful for any owner of a dog to place that dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of restricting the dog.
   3. The city or town dog officer is empowered to seize and impound any dog found off the property of its owner or custodian when that dog is unrestricted.
   4. Any person violating the provisions of this section shall be fined not exceeding two hundred and fifty dollars ($250).
2. The town council of the town of Westerly is authorized to enact an ordinance permitting the animal control officer in that town to issue citations to the owner of any dog found off the property of its owner or custodian and to prescribe a pecuniary penalty not to exceed twenty-five dollars ($25.00) for each violation.
3. The town council of the town of Exeter is authorized to enact an ordinance imposing an initial fee of up to fifteen dollars ($15.00) for the impoundment of a dog plus two dollars ($2.00) per day for each day of impoundment. The town of Exeter may also, in addition to the fines provided for under subsection (a)(4) of this section and under any other provision of law, require proof of liability insurance for a twelve (12) month period in the amount of one hundred thousand dollars ($100,000) for third time offenders of its animal control ordinances. Said insurance policy shall cover injuries and damages caused by the dog and shall, for purposes of notice, name the town as an additional insured.

History of Section. P.L. 1984, ch. 306, § 1; P.L. 1996, ch. 35, § 1; P.L. 1999, ch. 60, § 1; P.L. 1999, ch. 275, § 1.

4-13-16. Action for damages to animals — Double damages on second recovery — Destruction of offending dog.

If any dog kills, wounds, worries, or assists in killing, wounding or worrying, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person aggrieved, for all damage sustained, to be recovered in a civil action, with costs of suit. If afterwards any such damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved double the damage, to be recovered in the manner set forth and an order shall be made by the court before whom that second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order, and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of the dog knew that the dog was accustomed to causing this damage.

History of Section. G.L. 1896, ch. 111, § 3; G.L. 1909, ch. 135, § 3; G.L. 1923, ch. 136, § 3; G.L. 1938, ch. 639, § 3; G.L. 1956, § 4-13-16 .

4-13-16.1. Injury to seeing-eye dogs or persons who are visually impaired— Damages.

If any dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-eye dog certified for use as a guide-dog for a person who is blind or visually impaired, belonging to or in the possession of any person who is blind or visually impaired and under harness or engaged in the act of guiding its owner, or if any dog assaults, bites, or otherwise injures any person who is blind or visually impaired while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person who is blind or visually impaired aggrieved for double all damages sustained, to be recovered in a civil action, with costs of suit. If afterwards this damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved treble damages, to be recovered in the same manner, and an order shall be made by the court before whom the second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of this dog knew that the dog was accustomed to causing these damages.

History of Section. P.L. 1979, ch. 374, § 1; P.L. 1999, ch. 83, § 1; P.L. 1999, ch. 130, § 1.

4-13-17. Civil liability of person harboring dog for damages.

Any person keeping or harboring in his or her house or on his or her lands any dog, or knowingly suffering this to be done by any other person, shall be liable for all damages done by the dog in the same manner as if he or she were the owner.

History of Section. G.L. 1896, ch. 111, § 5; G.L. 1909, ch. 135, § 5; G.L. 1923, ch. 136, § 5; G.L. 1938, ch. 639, § 5; G.L. 1956, § 4-13-17 .

4-13-18. Destruction of dogs in defense of person or livestock.

Any person may kill any dog that suddenly assaults him or her or any person of his or her family or in his or her company, while the person assaulted is out of the enclosure of the owner or keeper of that dog and any person may kill any dog found out of the enclosure of its owner or keeper, assaulting, wounding, or killing any cattle, sheep, lamb, horse, hog, or fowl, not the property of its owner.

History of Section. G.L. 1896, ch. 111, § 6; G.L. 1909, ch. 135, § 6; G.L. 1923, ch. 136, § 6; G.L. 1938, ch. 639, § 6; G.L. 1956, § 4-13-18 ; P.L. 1981, ch. 374, § 1.

4-13-19. Order to confine or kill vicious dog — Subsequent damages.

1. If any person, or any member of his or her family shall be assaulted by any dog, out of the enclosure of its owner or keeper, or if any person shall have reason to believe that any dog will, out of that enclosure, do any injury to his or her person, family or property, and shall make complaint under oath, to any judge of the district court, that judge shall issue a summons to the owner or keeper of the dog, to appear before the division of the district court having jurisdiction of the case; and if, on examination, the court shall believe that the assault is proved, or that the complaint has reasonable grounds for the belief, it shall adjudge, and shall adjudge that the defendant pay costs of the proceedings and award execution of the proceedings, otherwise the costs shall be paid by the complainant; and the court shall issue written notice to the owner or keeper, and the owner or keeper shall forthwith confine or kill the dog; and if he or she neglects to kill the dog or keep the dog confined, he or she shall forfeit the sum of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), to be recovered for the use of the city or town, and any person may kill the dog; and if, after that notice, the dog wounds or injures any person, or shall, elsewhere than on its owner’s or keeper’s premises, worries, wounds or kills any neat-cattle, sheep, lamb, geese or fowl, or does any other mischief, the owner or keeper is liable to pay the person injured triple damages with costs; and in all cases of complaints under this section recognizance shall be given for costs, and the fees and costs shall be the same as in other cases of complaints before the district court.
2. The district court judge may, in his or her discretion, if the court determines the dog, while out of the enclosure of its owner or keeper, has assaulted a person or killed a domesticated animal and is dangerous, order the detention or destruction of the dog.

History of Section. G.L. 1896, ch. 111, § 7; G.L. 1909, ch. 135, § 7; G.L. 1923, ch. 136, § 7; G.L. 1938, ch. 639, § 7; G.L. 1956, § 4-13-19 ; P.L. 1969, ch. 239, § 46; P.L. 1980, ch. 249, § 1.

4-13-20. Appraisal of damages done by dogs.

Each town or city council, excepting the town and city councils in the cities of Newport and Pawtucket and in the towns of Jamestown, Little Compton, New Shoreham, Tiverton, Exeter, and Burrillville shall annually in the month of April appoint one or more suitable persons as appraisers, who shall be sworn to the faithful discharge of their duties, to appraise the damage that may be done to any owner of any sheep, goats or lambs, cattle or horses, hogs or fowls, closely confined game birds, or closely confined rabbits suffering loss by reason of the biting, maiming, or killing by any dog or dogs, and to give a statement in writing to the owner suffering the loss; and the owner, suffering loss, shall, within two (2) days after the loss comes to his or her knowledge, notify the appraiser, appointed and sworn, living nearest to him or her in the city or town where the damage occurred, of the loss; and the appraiser shall, on receipt of twenty-five cents (25¢) for each mile’s travel (or, in the towns of Middletown and Portsmouth, twenty cents (20¢) for each mile’s travel) and the sum of one dollar ($1.00) from the owner, appraise the damage and give a statement in writing, with his or her lawful fees taxed thereon, to the owner; and the owner shall, within sixty (60) days, present the statement to the city or town council of the city or town, who shall draw an order on the city or town treasurer for the amount of the appraisal and fees, or for any other amount as the council, in the council’s discretion, after careful examination, shall deem just; and the order, when presented to the city or town treasurer, shall be paid in the same manner as any other order made by the city or town council upon the city or town treasurer.

History of Section. G.L. 1896, ch. 111, § 15; G.L. 1909, ch. 135, § 15; G.L. 1923, ch. 136, § 15; P.L. 1932, ch. 1942, § 1; P.L. 1932, ch. 1951, § 3; G.L. 1938, ch. 639, § 15; impl. am. P.L. 1949, ch. 2233, § 1; P.L. 1949, ch. 2323, § 1; G.L. 1956, § 4-13-20 ; P.L. 1962, ch. 7, § 1; P.L. 1979, ch. 93, § 1; P.L. 1990, ch. 298, § 1; P.L. 2000, ch. 455, § 1.

4-13-21. Appraisal and payment of damages in certain Newport county towns.

Each town or city council in the county of Newport, except in the towns of Middletown and Portsmouth, shall annually in the month of April appoint one or more suitable persons appraisers, who shall be sworn to the faithful discharge of their duties, to appraise the damage that may be done to any owner of any sheep or lambs, cattle, horses, hogs, goats, or fowls, suffering loss by reason of the biting, maiming, or killing by any dog, and to give a statement in writing to the owner suffering loss; and the owner, suffering loss shall within two (2) days after the loss comes to his or her knowledge, notify the appraiser, appointed and sworn, living nearest to him or her in the city or town where the owner resides, of the loss; and the appraiser shall, on receipt of twenty cents (20¢) for each mile’s travel and the sum of one dollar ($1.00) from the owner, appraise the damage and give a statement in writing, with his or her lawful fees taxed thereon, to the owner; and the owner shall, within sixty (60) days, present to the town or city council of the town or city where the damage is done the appraisal, and the town or city council of the town or city shall draw an order on the town or city treasurer for the amount of the appraisal and fees, or for any other amount as the council, in the council’s discretion, after careful examination, shall deem just. The town or city treasurer shall annually, on the last Monday in March, pay all those orders in full, if the gross amount received by the town or city under the provisions of this chapter, after deducting all sums previously laid out under those provisions, is sufficient; otherwise the town or city treasurer shall divide the amount, after deducting the sums, pro rata among the orders, and the payment shall be in full discharge of the orders.

History of Section. G.L. 1896, ch. 111, § 16; G.L. 1909, ch. 135, § 16; G.L. 1923, ch. 136, § 16; G.L. 1938, ch. 639, § 16; impl. am. P.L. 1949, ch. 2233, § 1; G.L. 1956, § 4-13-21 ; P.L. 1962, ch. 7, § 1; P.L. 1975, ch. 31, § 1.

4-13-22. Subrogation of town or city to claim for damages.

Upon drawing an order as provided in §§ 4-13-20 and 4-13-21 , the town or city may recover, in a civil action against the keeper or owner of any dog involved in the damage, full compensation for the damage done by his or her dog and costs of appraisal. Should the person suffering loss avail himself or herself of the provisions in §§ 4-13-20 — 4-13-22 , he or she shall not be entitled to maintain a suit for damages against the owner or keeper of the dog.

History of Section. G.L. 1896, ch. 111, § 17; G.L. 1909, ch. 135, § 17; G.L. 1923, ch. 136, § 17; G.L. 1938, ch. 639, § 17; G.L. 1956, § 4-13-22 .

4-13-23. Sworn testimony before appraiser.

Whenever any owner of a sheep or lamb, cattle, horse, hog or fowl, suffering loss by reason of the biting, maiming or killing by any dog, notifies the appraiser as provided in §§ 4-13-20 and 4-13-21 , the appraiser shall require the owner and any other person to be sworn before him or her, touching the loss, and, when sworn, to answer in writing as to any facts or circumstances relating to the loss, and the special constable or appraiser shall administer the oath.

History of Section. G.L. 1896, ch. 111, § 20; G.L. 1909, ch. 135, § 20; G.L. 1923, ch. 136, § 20; G.L. 1938, ch. 639, § 20; G.L. 1956, § 4-13-23 .

4-13-24. Penalty for neglect of duties.

Any person appointed under the provisions of this chapter who qualifies himself or herself to act, and every city or town clerk and every city or town council, who willfully neglects to perform any of the duties imposed upon him, her, or them by the provisions, shall forfeit one hundred dollars ($100) for the use of any person who sues for the penalty.

History of Section. G.L. 1896, ch. 111, § 18; G.L. 1909, ch. 135, § 18; G.L. 1923, ch. 136, § 18; G.L. 1938, ch. 639, § 18; G.L. 1956, § 4-13-24 .

4-13-25. Election of special constable and appraiser in Pawtucket.

The council of the city of Pawtucket shall in the month of February in each year elect a special constable under the dog law, and an appraiser of damage done by dogs.

History of Section. P.L. 1932, ch. 1951, § 1; G.L. 1938, ch. 639, § 26; G.L. 1956, § 4-13-25 .

4-13-26 — 4-13-28. Repealed.

4-13-29. Quarantine to suppress rabies — Report of cases.

1. The rabies control board of Rhode Island is empowered to issue any rules and regulations not contrary to law that may be necessary in setting the terms and conditions of each type of quarantine or to quarantine any area or areas within the state that the board may from time to time deem necessary for the purpose of prevention, controlling, or suppressing rabies. The rabies control board is authorized to quarantine any animal suspected of harboring rabies and/or to delegate the authority to quarantine dogs, cats, and ferrets suspected of harboring rabies to local animal control officers (ACO) or other representatives authorized by the municipality. The board or its agents are authorized to seek a warrant from a court of competent jurisdiction for entry to any premises, public or private, where probable cause exists that a violation of this section and/or § 4-13-31 is occurring within or about the premises. Notification shall be given immediately to the board or any of its members by any person or persons, including but not limited to veterinarians, licensed to practice in this state, and city or town health officials, upon the detection by them of an animal suspected to be affected with rabies.
2. Any appeal from an order of quarantine shall be to the superior court of Providence County or in the county in which the cause of action arose.

History of Section. G.L. 1938, ch. 136, § 33; P.L. 1930, ch. 1597, § 1; G.L. 1938, ch. 639, § 34; G.L. 1956, § 4-13-29 ; P.L. 1992, ch. 353, § 2; P.L. 1995, ch. 388, § 1.

4-13-29.1. Responsibility for local rabies control.

Each city and town is required to provide for the control of rabies in cats, dogs, and ferrets within its boundaries. The municipality may elect to adopt into ordinance provisions at least as stringent as this chapter and the regulations adopted by the board or it may choose to accept delegation of the authority of the board as provided in § 4-13-29 . The rabies control board has the authority to institute a civil action to enforce the provisions of this section.

History of Section. P.L. 1995, ch. 388, § 2.

4-13-29.2. Exemption from liability.

Notwithstanding any provision of law to the contrary, neither the rabies control board, any member of the board, the state or any of the state’s subdivisions, or any person acting as their agent, is subject to civil liabilities or penalties of any type, arising out of their actions performed in the course of their duties pursuant to this chapter. Nothing in this section is to be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton, or intentional misconduct.

History of Section. P.L. 1995, ch. 388, § 2.

4-13-29.3. Regulations for suppression of rabies.

The rabies control board has the authority to promulgate rules and regulations necessary to carry out the functions required to prevent, control, or suppress rabies and every person who fails to comply with any regulation made shall be fined not exceeding five hundred dollars ($500), or be imprisoned not exceeding one year.

History of Section. P.L. 1995, ch. 388, § 2.

4-13-30. [Obsolete.]

4-13-31. Compulsory rabies vaccination.

1. For the purpose of preventing the introduction of rabies when rabies appears in any nearby area and its appearance creates a threat of introduction into Rhode Island, or for the suppression, or for the control of rabies, the board shall make regulations requiring compulsory vaccination of dogs, cats, ferrets or any other domestic animal as deemed necessary against rabies in a manner specified by it in any area or areas within the state, which are deemed necessary to prevent that introduction, or for the purposes of suppression and control.
2. The board is authorized to engage any personnel within the department of health or department of environment to assist in carrying out any regulation which may be promulgated for the suppression and control of rabies.
3. Upon receipt of a written request from any city or town council or the mayor of any town or city and with the consent and approval of the health officers of those towns and cities, the board shall establish in cooperation with local and state health department authorities, public clinics for the vaccination of dogs, cats, and ferrets against rabies. Those clinics shall be conducted in accordance with provisions and regulations proposed by and under the supervision of the board.
4. Rabies vaccine for animals may be administered only by or under the direct and specific supervision of a licensed veterinarian.
5. Except as otherwise amended by board regulation, the owner or keeper of a dog, cat, or ferret shall have the animal vaccinated not earlier than three (3) months of age nor later than four (4) months of age and at regular intervals as prescribed by board regulations, but at no time to exceed recommendations made by the most current compendium of animal rabies control.
6. Any veterinarian or any person directed by a veterinarian who vaccinates a dog, cat, or ferret against rabies must issue a rabies vaccination certificate to the animal’s owner. This certificate shall meet the minimum standards approved by the board, which include: the veterinarian’s name, the veterinarian’s practice name, address and telephone number; the pet owner’s name and address, the pet’s name, species, age coloration and sex; the rabies vaccine manufacturer’s name; the date of inoculation and the signature of the doctor who administered or directed the administration of the rabies vaccine. For dogs, cats, and ferrets, there shall be a record kept which lists the number of the rabies tag issued in conjunction with the rabies vaccination certificate.
7. No city or town may register or license a pet that is not vaccinated for rabies in accordance with this chapter. Proof of rabies vaccination shall be a current, valid rabies certificate for any species.
8. This chapter shall not apply to any dog or cat imported into this state strictly for exhibition or breeding purposes, and which does not remain in this state for more than fifteen (15) days and which is accompanied by a valid health certificate or certificate of veterinary inspection.
9. A person who fails to have or refuses to have each dog, cat, and/or ferret owned or kept by the person vaccinated against rabies violates the provisions of this chapter.

History of Section. G.L. 1956, ch. 639, § 34; P.L. 1954, ch. 3364, § 1; G.L. 1956, § 4-13-31 ; P.L. 1958, ch. 181, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 1992, ch. 353, § 2; P.L. 1995, ch. 388, § 1.

4-13-32. Penalty for violation of rabies suppression provisions.

Any person violating the provisions of §§ 4-13-29 and 4-13-31 shall be charged with a misdemeanor and fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense or be imprisoned for not less than ten (10) days nor more than thirty (30) days and/or be subject to confiscation of the animal(s) which is/are the basis of the violation.

History of Section. G.L. 1956, ch. 136, § 35; P.L. 1930, ch. 1597, § 1; G.L. 1938, ch. 639, § 37; G.L. 1956, § 4-13-32 ; P.L. 1992, ch. 353, § 2; P.L. 1995, ch. 388, § 1.

4-13-33. Agent of society for prevention of cruelty as special constable.

The board of police commissioners of any city, and the city council and town council of any city or town where there is no board of police commissioners, may appoint an agent of the Rhode Island society for the prevention of cruelty to animals as special constable or officer to enforce this chapter, and when appointed that agent shall have all the authority and power and be subject to all the duties and liabilities imposed upon special officers by this chapter. The general agent or any special agent of The Rhode Island society for the prevention of cruelty to animals shall have the authority to enforce this chapter whenever any violation of this chapter comes to the attention of that general agent or special agent.

History of Section. G.L. 1938, ch. 141, § 20; P.L. 1927, ch. 1037, § 1; G.L. 1938, ch. 639, § 36; G.L. 1956, § 4-13-33 ; P.L. 1986, ch. 429, § 4.

4-13-34. Correction of defects in prosecutions.

Any defect in any action, complaint and warrant, indictment or other proceeding commenced and prosecuted under this chapter, either of form or substance, may be amended by the court before which the action, complaint and warrant or indictment is originally brought or may be pending.

History of Section. G.L. 1896, ch. 111, § 21; G.L. 1909, ch. 135, § 21; G.L. 1923, ch. 136, § 21; G.L. 1938, ch. 639, § 21; G.L. 1956, § 4-13-34 .

4-13-35. Immunity of officers from costs.

No officer making complaint under this chapter shall be required to give surety for costs, or be liable for the costs that may arise upon any complaint brought under this chapter.

History of Section. G.L. 1896, ch. 111, § 27; G.L. 1909, ch. 135, § 27; G.L. 1923, ch. 136, § 27; G.L. 1938, ch. 639, § 28; G.L. 1956, § 4-13-35 .

4-13-36. Agent of Robert Potter league for animals in town of Portsmouth as special constable.

The town council of the town of Portsmouth may appoint an agent of the Robert Potter league for animals as special constable or officer to enforce this chapter, and when appointed, that agent shall have all the authority and power and be subject to all the duties and liabilities imposed upon special officers by this chapter.

History of Section. P.L. 1962, ch. 79, § 1.

4-13-37. Agent of Robert Potter league for animals in town of Middletown as special constable.

The town council of the town of Middletown may appoint an agent of the Robert Potter league for animals as special constable or officer to enforce this chapter, and when appointed, that agent shall have all the authority and power and be subject to all the duties and liabilities imposed upon special officers by this chapter.

History of Section. P.L. 1962, ch. 119, § 1.

4-13-38. Dogs attacking deer.

A person owning, keeping or possessing a dog shall not allow, permit or consent to this dog chasing, hunting, molesting, attacking, or killing a deer. The director of environmental management is authorized to issue an order to restrain all dogs from running at large in any city or town where, in the director’s opinion, this restraining order is necessary to prevent dogs from chasing, hunting, molesting, attacking, or killing deer. This order shall be in effect forty-eight (48) hours after publication in one or more newspapers circulated in the city or town. When, in the director’s opinion, the director determines that this restraining order is no longer necessary, the director shall, by publication, rescind this order. A person owning, keeping, or possessing a dog shall restrain it from running at large in any city or town in which this restraining order is in effect. The chief of the division of enforcement, the chief’s assistants, conservation officers, members of the state police, members of the local police, in areas over which they have jurisdiction, may issue a citation to the owner of any dog found chasing, hunting, molesting, attacking, or killing a deer, charging the owner with a violation of this chapter. During any period when this order is not in force, the chief of the division of enforcement, the chief’s assistants, conservation officers and members of the state police and members of the local police and park police in areas over which they have jurisdiction, may issue a citation to the owner of any dog found chasing or hunting a deer if the dog is chasing or hunting with the knowledge or consent of the owner. Whenever a dog has been found chasing, hunting, molesting, attacking, or killing a deer and the owner or keeper of the dog has been notified by the director, and the same dog is found chasing, hunting, molesting, attacking, or killing, it shall be prima facie evidence that this chasing, hunting, molesting, attacking, or killing was with the knowledge or consent of the owner or keeper.

History of Section. P.L. 1988, ch. 586, § 1.

4-13-39. Penalties.

Any person convicted of a violation of this chapter shall be fined fifty dollars ($50) for a first offense and one hundred dollars ($100) for a second and subsequent offense.

History of Section. P.L. 1988, ch. 586, § 1.

4-13-40. Exemptions from application of chapter.

The provisions of this chapter do not apply to K-9 and/or other dogs owned by any police department or any law enforcement officer which are used in the performance of police work.

History of Section. P.L. 1996, ch. 417, § 1.

4-13-41. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-13-1.2 .

History of Section. P.L. 2001, ch. 72, § 3.

4-13-42. Care of dogs.

1. It shall be a violation of this section for an owner or keeper to:
   1. Keep any dog on a permanent tether that restricts movement of the tethered dog to an area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6´) radius at ground level.
   2. Tether a dog with a choke-type collar, head collar, or prong-type collar. The weight of any chain or tether shall not exceed one-eighth (1/8) of the dog’s total body weight.
   3. Keep any dog tethered for more than ten (10) hours during a twenty-four-hour (24) period or keep any dog confined in an area or primary enclosure for more than fourteen (14) hours during any twenty-four-hour (24) period, and more than ten (10) hours during a twenty-four-hour (24) period, if the area is not greater than that which is required under the most recently adopted version of the department of environmental management’s rules and regulations governing animal care facilities.
   4. Tether a dog anytime from the hours of ten o’clock p.m. (10:00 p.m.) to six o’clock a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.
   5. Keep any dog outside, either tethered or otherwise confined, when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC).
2. It shall be a violation of this section for an owner or keeper to fail to provide a dog with adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-19-2 ; provided however, that adequate veterinary care may be provided by an owner using acceptable animal husbandry practices.
3. Exposing any dog to adverse weather conditions strictly for the purpose of conditioning shall be prohibited.
4. The provisions of this section, as they relate to the duration and timeframe of tethering or confinement, shall not apply:
   1. If the tethering or confinement is authorized for medical reasons in writing by a veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is provided;
   2. If tethering or confinement is authorized in writing by an animal control officer, or duly sworn police officer assigned to the animal control division, for the purposes, including, but not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be renewed annually. The written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept shall be considered valid in every other political subdivision of the state. The written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept is revocable by that animal control officer or police officer if there are any conditions present that warrant revocation. The conditions include, but are not limited to, changes in the number or type of dogs, changes in the facility structure or safety, and changes in the health of the dog;
   3. To any entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary facility; or
   4. [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]
   5. [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]
   6. To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. § 2133) that are temporarily in the state, if authorized by the department of environmental management (DEM).
   7. [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]
5. Any person in violation of this section shall be imprisoned not exceeding eleven (11) months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. Each day of violation shall constitute a separate offense.
6. General agents or special agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in cooperation with animal control officers and the department of environmental management (DEM).

History of Section. P.L. 2012, ch. 301, § 2; P.L. 2012, ch. 358, § 2; P.L. 2017, ch. 187, § 1; P.L. 2017, ch. 265, § 1; P.L. 2018, ch. 118, § 1; P.L. 2018, ch. 198, § 1.

4-13-43. Prohibition of breed specific regulation.

No city or town may enact any rule, regulation or ordinance specific to any breed of dog or cat in the exercise of its power to further control and regulate dogs, cats or other animals as authorized by this chapter.

History of Section. P.L. 2013, ch. 450, § 1.

4-13-44. Minimum maturity level for sale of dogs.

1. Except as otherwise authorized under any other provision of law, it shall be a crime, punishable as specified in subsection (c) of this section, for any person to sell or transfer (as further described within subsection (b) of this section) one or more dogs that are not fully weaned unless, prior to any physical transfer of the dog or dogs from the seller/transferor to the purchaser/transferee, the dog or dogs are approved for sale, as evidenced by written documentation from a veterinarian licensed to practice in Rhode Island.
2. For the purposes of this section, the sale or transfer of a dog or dogs shall not be considered complete, and thereby subject to the requirements and penalties of this section, unless and until the seller/transferor physically transfers the dog or dogs to the purchaser/transferee.
3. Any person who violates this section shall be subject to imprisonment not to exceed twelve (12) months or a fine not to exceed one thousand dollars ($1,000), or both.
4. With respect to the sale of two (2) or more dogs in violation of this section, each dog unlawfully sold or transferred shall represent a separate offense.
5. This section shall not apply in instances where the following types of organizations place a dog into “foster care” pursuant to their respective current practices of operation:
   1. An organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or animal shelter, as defined in § 4-19-2 ; and
   2. A pound or dog pound as defined in § 4-19-2 .

History of Section. P.L. 2018, ch. 161, § 1; P.L. 2018, ch. 267, § 1.

4-13.1-1. Declaration of purpose.

1. It is declared that vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of the state, in that vicious dogs have in recent years assaulted without provocation and seriously injured numerous individuals, particularly children, and have killed numerous dogs. Many of these attacks have occurred in public places.
2. The number and severity of these attacks are also attributable to the failure of owners to register, confine, and properly control vicious dogs.
3. It is further declared that the necessity for the regulation and control of vicious dogs is a statewide problem, requiring statewide regulation, and that existing laws are inadequate to deal with the threat to public health and safety posed by vicious dogs.
4. It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance.
5. It is further declared that because of the danger posed to the public, health, safety and welfare by vicious dogs, this chapter constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare.

History of Section. P.L. 1985, ch. 400, § 1.

4-13.1-2. Definitions.

As used in §§ 4-13.1-1 — 4-13.1-14 , the following words and terms shall have the following meanings, unless the context indicates another or different meaning or intent:

1. “Dog officer” means any person defined by the provisions of chapter 19 of this title.
2. “Domestic animals” means animals that, through extremely long association with humans, have been bred to a degree that has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. Such animals may include, but are not limited to:
   1. Domestic dog (Canis familiaris);
   2. Domestic cat (Felis catus);
   3. Domestic horse (Equus caballus);
   4. Domestic ass, burro, and donkey (Equus asinus);
   5. Domestic cattle (Bos taurus and Bos indicus);
   6. Domestic sheep (Ovi aries);
   7. Domestic goat (Capra hircus);
   8. Domestic swine (Sus scrofa domestica);
   9. Llama (lama alama);
   10. Alpaca (lama pacos);
   11. Camels (Camelus bactrianus and Camel dromedarius);
   12. Domestic races of European rabbit (Oryctolagus cuniculus);
   13. Domestic races of chickens (Callus gallus);
   14. Domestic races of duck and geese (Anatidae) morphologically distinguishable from wild birds;
   15. Domestic races of guinea fowl (Numida meleagris);
   16. Domestic races of peafowl (Pavo scristatus).
3. “Enclosed area” means an area surrounded by a fence that will prevent the dog from leaving the owner’s property.
4. “Enclosure” means a fence or structure of at least six feet (6´) in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure.
5. “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. “Impounded” means taken into the custody of the public pound in the city or town where the vicious dog is found.
7. “Leash” means a rope, cable, nylon strap, or other means attached to the dog that will provide the owner with control of the dog.
8. “Muzzle” means a device that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent the dog from biting a person or animal.
9. “Person” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, or trust.
10. “Serious injury” means any physical injury consisting of a broken bone(s) or permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic surgery.
11. “Tie-out” means a cable, rope, light-weight chain, or other means attached to the dog that will prevent the dog from leaving the owner’s property.
12. “Vicious dog” means:
    1. Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;
    2. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;
    3. Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or
    4. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of § 4-13.1-5(d) .
    5. No dog may be declared vicious if an injury or damage was sustained by a domestic animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking, abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

Notwithstanding the definition of a vicious dog in subsection (12), no dog may be declared vicious in accordance with § 4-13.1-11 if an injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking, abusing, or assaulting the dog; or was committing, or attempting to commit, a crime; or until the society for the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions of § 4-13.1-5(d) .

History of Section. P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2001, ch. 72, § 5; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1; P.L. 2007, ch. 430, § 1; P.L. 2015, ch. 160, § 1; P.L. 2015, ch. 183, § 1.

4-13.1-3. Requirements for registration.

1. No dog that has been declared vicious shall be licensed by any city or town for any licensing period commencing after April 1986, unless the owner or keeper of that dog that has been declared vicious meets any or all of the following requirements as may be imposed by the hearing panel:
   1. A panel convened pursuant to § 4-13.1-11 of this chapter and/or a judge of the district court may require the owner or keeper to present to the city or town clerk or other licensing authority proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000), covering any damage or injury which may be caused by the vicious dog during the twelve (12) month period for which licensing is sought, which policy contains a provision requiring the city or town to be named as additional insured for the sole purpose of the city or town clerk or other licensing authority where that dog is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
   2. The owner or keeper shall, at his or her own expense, have the licensing number assigned to the vicious dog, or any other identification number that the city or town clerk or other licensing authority determines, tattooed upon the vicious dog by a licensed veterinarian or person trained as a tattooist and authorized a licensed veterinarian or tattooist by any state, city or town police department. The tattoo shall be placed on the upper inner left rear thigh of the vicious dog. The dog officer may, in his or her discretion, designate the particular location of the tattoo. The licensing number shall be noted on the city or town licensing files for the vicious dog, if it is different from the license number of the vicious dog. For the purposes of this section, tattoo shall be defined as any permanent numbering of a vicious dog by means of indelible or permanent ink with the number designated by the licensing authority, or any other permanent, acceptable method of tattooing. A microchip may be used in lieu of a tattoo. Each city or town shall affix a two (2) letter prefix to the identification number in order to identify the particular city or town where the dog was initially licensed.
   3. The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. The sign shall be visible and capable of being read from the public highway.
   4. The owner or keeper shall sign a statement attesting that:
      1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper ceases to own or keep the vicious dog prior to expiration of the license.
      2. The owner or keeper shall have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.
      3. The owner or keeper shall notify the police department or the dog officer within two (2) hours if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died.
   5. When the dog is off the owner’s property, it shall be on a leash and/or muzzled.
   6. When the dog is outdoors on the owner’s property, it must be on a leash and/or muzzled, or tie-out, or in an enclosed area which prevents its escape.
2. A dog officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with this chapter, and any dog officer is empowered to seize and impound any vicious dog whose owner or keeper fails to comply with this chapter.
3. In the event that the owner or keeper of the dog refuses to surrender the animal to the dog officer, the dog officer may request a police officer to obtain a search warrant from a justice of the district court and to seize the dog upon execution of the warrant.
4. A dog must be spayed or neutered unless a licensed veterinarian states in writing that the procedure would threaten the life of the dog.
5. If an owner or keeper moves, he or she shall notify the dog officer of the city or town in which he/she resides and the dog officer of the city or town in which he or she is to reside.
6. An owner or keeper may leave a dog under the care and control of someone over the age of sixteen (16) years.
7. It shall be unlawful for the owner or keeper to sell or give away any dog declared vicious.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1.

4-13.1-4. Control of vicious dogs.

1. All dogs that have been declared vicious shall be confined in an enclosure. It is unlawful for any owner or keeper to maintain a dog that has been declared vicious upon any premises which does not have a locked enclosure.
2. It is unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to comply with commands or directions of the dog officer with respect to the vicious dog, or to comply with the provisions of § 4-13.1-3(a)(1) or (a)(2). In this event, the vicious dog shall be securely muzzled and restrained with a leash or chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3´) in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1.

4-13.1-5. Harboring dogs for dog fighting — Training dogs to attack humans — Selling, breeding, or buying dogs.

1. No person shall own or harbor any dog for the purpose of dog fighting; or train, torment, badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.
2. No person shall possess with intent to sell, or offer for sale, breed, or buy, or attempt to buy, within the state any vicious dog.
3. Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff, deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the Prevention of Cruelty to Animals shall be placed in the care of the RISPCA pursuant to the provisions of § 4-1-22 — § 4-1-31 .
4. The RISPCA shall utilize a timely process to determine the disposition of the dog and provide for prompt transfer to an appropriate rescue organization or adoptive home with humane euthanization occurring only if the dog’s medical and/or behavioral condition warrants such action or it is determined, after reasonable time and effort have been expended, that no appropriate placement for the dog exists.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 2015, ch. 160, § 1; P.L. 2015, ch. 183, § 1.

4-13.1-6. Repealed.

History of Section. P.L. 1985, ch. 400, § 1; G.L. 1956, § 4-13.1-6 ; Repealed by P.L. 1986, ch. 429, § 2, effective June 24, 1986. For present provisions of law, see § 4-13.1-3 .

4-13.1-7. Action for damages — Destruction of offending vicious dog.

If any dog declared vicious under § 4-13.1-11 , when unprovoked, kills or wounds, or assists in killing or wounding, any domestic animal, belonging to or in the possession of any person, or, when unprovoked, attacks, assaults, bites, or otherwise injures any human being or assists in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of the vicious dog, or while otherwise on or off the property of the owner or keeper whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without fault of the owner or keeper, the owner or keeper of the dog may be liable to the person aggrieved for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping, or harboring of a dog that has been declared vicious in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any action, to prove that the owner or keeper of a dog that has been declared vicious knew that the dog that has been declared vicious possessed the propensity to cause this damage or that the dog had a vicious nature.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1.

4-13.1-8. Exemptions.

1. Sections 4-13.1-3 — 4-13.1-7 shall not apply to kennels licensed in accordance with the provisions of this chapter or chapter 19 of this title.
2. This chapter shall not apply to K-9 or other dogs owned by any police department or any law enforcement officer which are used in the performance of police work.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1.

4-13.1-9. Penalties for violation — Licensing ordinances and fees.

1. Any dog declared vicious under § 4-13.1-11 :
   1. Whose owner or keeper does not secure the liability insurance coverage required in accordance with § 4-13.1-3 ;
   2. Which is not maintained on property with an enclosure;
   3. Which is outside of the dwelling of the owner or keeper, or outside of an enclosure except as provided in § 4-13.1-4 ; or
   4. Which is not tattooed or microchipped, may be confiscated by a dog officer or may be destroyed in an expeditious and humane manner after the expiration of a five (5) day waiting period exclusive of Sundays and holidays which shall not include any day or part thereof that the public pound is not open for a specified period of time, not to be less than one half (1/2) the normal hours of business, for the purpose of reclaiming any such dog by its rightful owner. In addition, the owner or keeper shall pay a five hundred fifty dollar ($550) fine.
   5. Provided, further, that in addition to the violations listed herein, if any section of this chapter does not specifically provide a penalty for a violation, the penalty shall be five hundred fifty dollars ($550) for the first offense and one thousand dollars ($1,000) for any subsequent violation.
2. If any dog declared vicious under § 4-13.1-11 , when unprovoked, kills, wounds, or worries or assists in killing or wounding any animal described in § 4-13.1-7 , the owner or keeper of the dog shall pay a five hundred fifty dollar ($550) fine. The dog officer is empowered to confiscate the dog. After the expiration of a five (5) day waiting period, excluding Sundays and holidays, which shall not include any day or part thereof that the public pound is not open for a specified period of time, not to be less than one half (1/2) the normal hours of business, for the purpose of the rightful owner’s reclaiming the dog, the dog officer may destroy the vicious dog. For each subsequent violation, the owner or keeper of the dog shall pay a fine of one thousand dollars ($1,000).
3. 1. If any dog declared vicious under § 4-13.1-11 , when unprovoked, attacks, assaults, wounds, bites, or otherwise injures, kills or seriously injures a human being, the owner or keeper shall pay a fine of one thousand dollars ($1,000) and the dog officer is empowered to confiscate and, after the expiration of a five (5) day waiting period, which shall not include any day or part thereof that the public pound is not open for a specified period of time, not to be less than one half (1/2) the normal hours of business, for the purpose of reclaiming any such dog by its rightful owner, may destroy the vicious dog. For each subsequent violation, the owner or keeper shall pay a fine of one thousand dollars ($1,000), for owning or keeping a vicious dog which attacks, assaults, wounds, bites or otherwise injures or kills a human being. In the event a dog kills a person, the dog shall be humanely euthanized.
   2. The dog officer may confiscate a dog for any violation of this section. If the owner or keeper does not contact the dog officer, or if the dog officer cannot, with a reasonable effort, contact the owner or keeper, the dog may be euthanized under § 4-13-15 . If the owner or keeper is found, the dog officer may give the owner or keeper up to ten (10) days to meet the previously imposed requirements. If the requirements are not met in the allotted time, the dog may be euthanized. The owner or keeper will be responsible for the kennel and euthanizing cost.
   3. No person shall be charged under subsections (a), (b) or (c), unless the dog, prior to the offense alleged, has been declared vicious pursuant to the provisions of this chapter.
   4. If any dog declared vicious under § 4-13.1-11 , seriously injures a person as that term is defined in § 4-13.1-2 or kills or seriously injures a domestic animal, the dog may be humanely euthanized, at the owner’s expense, upon a unanimous vote of the hearing panel.
4. 1. Every city or town shall enact an ordinance requiring the licensing of dogs within their jurisdiction at a fee not to exceed ten dollars ($10.00). In addition, each city or town shall charge an additional fee of two dollars ($2.00) for each license, that fee to be used exclusively by the cities and towns for enforcement of laws pertaining to animals.
   2. Every owner or keeper of any dog found to be in violation of any city or town ordinance governing the licensing of dogs shall for the first offense be fined twenty-five dollars ($25.00) and for a second violation of the ordinance shall be fined two hundred dollars ($200) and shall be required at his or her own expense, to have the dog tattooed in a manner prescribed this chapter, and for a third or subsequent offense shall be fined five hundred dollars ($500), and shall be required at his or her own expense, to have the dog tattooed or microchipped in a manner prescribed by this chapter.
   3. No fine and/or tattooing or microchipping requirement shall be suspended by any court of competent jurisdiction.
5. 1. If the owner or keeper of a dog impounded for an alleged violation of §§ 4-13.1-3 , 4-13.1-4 , or 4-13.1-5 believes that there has not been a violation of those sections, the owner or keeper may petition the district court which has jurisdiction in the city or town where the dog is impounded praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending resolution of the owner’s or keeper’s petition.
   2. The petition shall be filed within five (5) days of impoundment of the dog. Notice shall be served within five (5) days of the impoundment of the dog upon the dog officer or keeper of the dog pound. The hearing shall be conducted within fourteen (14) days from serving of the notice.
   3. The decision of the district court may be appealed to the superior court by any aggrieved party within forty eight (48) hours of the decision. The dog shall remain impounded pending the appeal. A hearing de novo, without a jury, shall be conducted within fourteen (14) days of the appeal.
   4. The decision of the superior court shall be final and conclusive upon all parties thereto. However, the dog officer or any law enforcement officer shall have the right to convene a hearing under § 4-13.1-3 for any actions of the dog subsequent to the date of violation. If the court finds that there has not been a violation of §§ 4-13.1-3 through 4-13.1-5 , the dog may be released to the custody of the owner or keeper upon payment to the pound keeper or dog officer of the expense of keeping the dog. The city or town councils may establish by ordinance a schedule of those costs.
6. One-half (1/2) of all fines paid pursuant to this section shall be paid to the city or town in which the violation occurred for the purpose of defraying the cost of the implementation of the provisions of this chapter.
7. No dog shall be destroyed within five (5) days of being impounded, exclusive of Sundays and holidays, and which shall not include any day or part of a day that the public pound is not open for a specified period of time, not to be less than one half (1/2) the normal hours of business, for the purpose of reclaiming any such dog by its rightful owner.
8. If a dog has been declared vicious pursuant to § 4-13.1-11 , the owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. The sign shall be visible and capable of being read from the public highway.
9. If a dog has been declared vicious pursuant to § 4-13.1-11 , the owner or keeper shall sign a statement attesting that the owner or keeper shall maintain and not voluntarily cancel any liability insurance required pursuant to this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of the license.
10. The owner or keeper shall notify the local police or animal control officer within two (2) hours if a dog that has been declared vicious is on the loose, is unconfined, has attacked another animal or has attacked a human being or has died.
11. It shall be unlawful for any owner to sell or give away a dog that has been declared vicious within the state.
12. A dog officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such dog officer is hereby empowered to seize and impound any dog that has been declared vicious whose owner or keeper fails to comply with these provisions.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1; P.L. 2007, ch. 430, § 1.

4-13.1-10. Legal registration drives.

It shall be the duty of each city or town to conduct a licensing drive annually after September 1, 1985 in order to ensure compliance with the provisions of this chapter.

History of Section. P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1.

4-13.1-11. Determination of a vicious dog.

1. In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is vicious, the chief dog officer, or his or her immediate supervisor, or the chief of police, or his or her designee, is empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. The dog officer or chief of police shall conduct, or cause to be conducted, an investigation and shall notify the owner or keeper of the dog that a hearing will be held, at which time he or she may have the opportunity to present evidence why the dog should not be declared vicious. The hearing shall be held promptly within no less than five (5), nor more than ten (10), days after service of notice upon the owner or keeper of the dog. The hearing shall be informal and shall be open to the public. The hearing shall be conducted by a panel of three (3) persons that shall consist of the chief of police, or his or her designee, the executive director of the Society for the Prevention of Cruelty to Animals (S.P.C.A.), or his or her designee; and a person chosen by the chief of police and the executive director of the S.P.C.A. All members of the panel shall have one vote in making a determination whether or not the dog in question is vicious. Hearing officers shall have immunity.
2. After the hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is vicious, the owner or keeper shall comply with this chapter in accordance with a time schedule established by the dog officer or chief of police, but in no case more than thirty (30) days subsequent to the date of the determination. If the owner or keeper of the dog contests the determination, he or she may, within five (5) days of that determination, bring a petition in the district court within the judicial district where the dog is owned or kept, praying that the court conduct its own hearing on whether or not the dog should be declared vicious. After service of notice upon the dog officer, the court shall conduct a hearing de novo and make its own determination as to viciousness. The hearing shall be conducted within seven (7) days of the service of the notice upon the dog officer or law enforcement officer involved. The issue shall be decided upon the preponderance of the evidence. If the court rules the dog to be vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than thirty (30) days subsequent to the date of the court’s determination. If the owner has not complied with the provisions of this chapter at the end of thirty (30) days from the written notification that the dog is vicious, the dog may be euthanized.
3. The court may decide all issues for or against the owner or keeper of the dog regardless of the fact that the owner or keeper fails to appear at the hearing.
4. The determination of the district court shall be final and conclusive upon all parties. The dog officer or any law enforcement officer shall have the right to convene a hearing under this section for any subsequent actions of the dog.
5. In the event that the dog officer or law enforcement officer has probable cause to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the dog officer or law enforcement officer may seize and impound the dog pending the hearings.

The owner or keeper of the dog is liable to the city or town where the dog is impounded for the costs and expenses of keeping the dog. The city or town council may establish by ordinance a schedule of those costs and expenses.

History of Section. P.L. 1986, ch. 429, § 3; P.L. 1989, ch. 470, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1; P.L. 2007, ch. 430, § 1; P.L. 2016, ch. 512, art. 2, § 48.

4-13.1-12. Uniform summons — Mail-in fines — Prosecution.

The attorney general shall establish a uniform summons or citation to be used by state and municipal law enforcement agencies in the enforcement of this chapter. Fines of one hundred dollars ($100) or less may be paid by mail. All other fines or penalties shall require a court appearance. Any offense under this chapter may be prosecuted by complaint.

History of Section. P.L. 1986, ch. 429, § 3; P.L. 1998, ch. 274, § 1.

4-13.1-13. Liability of parents for damages caused by dog owned by minor.

In the event that the owner or keeper of the vicious dog is a minor, the parent or guardian of that minor is liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by that vicious dog.

History of Section. P.L. 1986, ch. 429, § 3.

4-13.1-14. Severability.

If any provision of this chapter, or the application of this chapter to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the application of those provisions to other persons and circumstances shall not be affected by that invalidity.

History of Section. P.L. 1985, ch. 400, § 1.

4-13.1-15. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-13.1-2 .

History of Section. P.L. 2001, ch. 72, § 6.

4-13.1-16. Prohibition of breed specific regulation.

No city or town may enact any rule, regulation or ordinance specific to any breed of dog or cat in the exercise of its power to further control and regulate dogs, cats or other animals as authorized by this chapter.

History of Section. P.L. 2013, ch. 450, § 2.

4-14-1. Animals at large — Civil liability — Penalty.

No horse, bull, boar, ram, or goat shall be permitted to run at large and if the owner or keeper of these, for any reason suffers any animals to do so he or she shall upon conviction be fined not in excess of one hundred dollars ($100) and be liable in addition for all damages done by the animal while so at large, although the animal escapes without the fault of the owner or keeper. The construction of any lawful fence shall not relieve the owner or keeper from liability for any damage committed by an animal of the enumerated class upon the enclosed premises of an adjoining owner.

History of Section. G.L. 1956, ch. 641, § 13; P.L. 1954, ch. 3317, § 1; G.L. 1956, § 4-14-1 ; P.L. 1974, ch. 231, § 1.

4-14-2. Animals breaking into enclosure — Action for damages — Impoundment.

If any neat-cattle, horses, sheep, or hogs breaks through a lawful fence into the enclosure of any person, the person aggrieved may recover his or her damages either by action against the owner of the trespassing beasts or by impounding the beasts.

History of Section. G.L. 1896, ch. 129, § 1; G.L. 1909, ch. 155, § 1; G.L. 1923, ch. 185, § 1; G.L. 1938, ch. 642, § 1; G.L. 1956, § 4-14-2 .

4-14-3. Appraisal of damages for recovery by impoundment.

The party aggrieved, in order to be entitled to recover damages by impounding, shall, within two (2) days after the beasts break into his or her enclosure, get two (2) qualified electors of the city or town where the trespass is committed, to appraise the damage and give a statement, in writing, under their hands, and lodge the statement with the poundkeeper.

History of Section. G.L. 1896, ch. 129, § 2; G.L. 1909, ch. 155, § 2; G.L. 1923, ch. 185, § 2; G.L. 1938, ch. 642, § 2; G.L. 1956, § 4-14-3 .

4-14-4. Notice to owner of impoundment.

Whenever beasts are impounded, the poundkeeper shall, within forty-eight (48) hours, give notice, in writing, to the owner, if the owner is known to him or her and resides within six (6) miles from the pound. The notice shall be delivered to the owner or left at his or her place of abode, and shall contain a description of the beasts and a statement of the time and cause of impounding and in case the owner is not known, or resides more than six (6) miles from the pound, the person impounding shall post the notice in three (3) public places in the town in which the beasts are impounded.

History of Section. G.L. 1896, ch. 129, § 3; G.L. 1909, ch. 155, § 3; G.L. 1923, ch. 185, § 3; G.L. 1938, ch. 642, § 3; G.L. 1956, § 4-14-4 .

4-14-5. Sale of impounded animals.

If the owner of impounded beasts shall not, within ten (10) days after the impounding, pay and satisfy the damages appraised and the charges of impounding and feeding those beasts, or shall not replevy those beasts, the poundkeeper shall cause them to be sold by public auction in the city or town where they are impounded, first advertising the sale by giving personal notice to the owner of the beasts, if he or she be known, and if he or she be not known, by posting notices of the sale at least three (3) days before the sale in three (3) public places in the city or town in which the beasts are impounded.

History of Section. G.L. 1896, ch. 129, § 4; G.L. 1909, ch. 155, § 4; G.L. 1923, ch. 185, § 4; G.L. 1938, ch. 642, § 4; G.L. 1956, § 4-14-5 .

4-14-6. Disposition of proceeds of sale.

The proceeds of sale, after paying all the damages, costs, and expenses, with the costs of advertising and selling the beasts, shall be paid into the city or town treasury, for the use of the owner of those beasts, if he or she substantiates his or her claim within two (2) years from sale.

History of Section. G.L. 1896, ch. 129, § 5; G.L. 1909, ch. 155, § 5; G.L. 1923, ch. 185, § 5; G.L. 1938, ch. 642, § 5; G.L. 1956, § 4-14-6 .

4-14-7. Feeding of impounded animals — Collection of fees.

The poundkeeper shall feed the impounded beasts at the charge of the owner, and he or she shall not deliver them to the owner until the owner pays the fees, together with the sum demanded for damages and all other legal costs and expenses.

History of Section. G.L. 1896, ch. 129, § 6; G.L. 1909, ch. 155, § 6; G.L. 1923, ch. 185, § 6; G.L. 1938, ch. 642, § 6; G.L. 1956, § 4-14-7 .

4-14-8. Impoundment fees.

The poundkeeper shall be allowed as his or her fee for impounding, for each neat-beast or horse, twenty-five cents (25¢); for each hog or sheep, five cents (5¢); and for each notification set up, or notice given to the owner, twenty-five cents (25¢); and ten cents (10¢) per mile for travel in giving personal notice, to be computed from the pound to the place of service.

History of Section. G.L. 1896, ch. 129, § 7; G.L. 1909, ch. 155, § 7; G.L. 1923, ch. 185, § 7; G.L. 1938, ch. 642, § 7; G.L. 1956, § 4-14-8 .

4-14-9. Action for damages after impounded animals returned to owner.

If the owner of the impounded beasts within two (2) days after they are impounded, demand of and receive from the poundkeeper those impounded beasts and pay the charges, and if the person impounding has not lodged with the poundkeeper a statement of damages, he or she may have his or her action for those damages, provided he or she performs all the requisitions and proceedings mentioned in § 4-14-3 .

History of Section. G.L. 1896, ch. 129, § 8; G.L. 1909, ch. 155, § 8; G.L. 1923, ch. 185, § 8; G.L. 1938, ch. 642, § 8; G.L. 1956, § 4-14-9 .

4-14-10. Replevin to recover impounded animals.

Any person whose beasts are impounded may, if he or she sees cause, maintain a writ of replevin, to be sued out and prosecuted before the district court having jurisdiction in the city or town where they were impounded.

History of Section. G.L. 1896, ch. 129, § 9; G.L. 1909, ch. 155, § 9; G.L. 1923, ch. 185, § 9; G.L. 1938, ch. 642, § 9; G.L. 1956, § 4-14-10 .

4-14-11. Procedure in replevin.

The writ shall be sued out, served and returned, and the cause heard and determined in like manner as other civil actions before a district court in all particulars in which a different course is not prescribed.

History of Section. G.L. 1896, ch. 129, § 10; G.L. 1909, ch. 155, § 10; G.L. 1923, ch. 185, § 10; G.L. 1938, ch. 642, § 10; G.L. 1956, § 4-14-11 .

4-14-12. Replevin bond.

The writ shall not be served unless the plaintiff or some one in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient sureties, to be approved by the officer, in a penalty double the value of the beasts to be replevied, with condition to prosecute the replevin to final judgment and to pay any damages and costs as the defendant shall recover against him or her, and also to return the beasts in case that is the final judgment, which bond the officer shall return with the writ, to be left with the court for the use of the defendant.

History of Section. G.L. 1896, ch. 129, § 11; G.L. 1909, ch. 155, § 11; G.L. 1923, ch. 185, § 11; G.L. 1938, ch. 642, § 11; G.L. 1956, § 4-14-12 .

4-14-13. Judgment in replevin.

If it appears that the beasts were lawfully impounded, the defendant shall have judgment for any sum as shall be found due from the plaintiff for the damages for which the beasts were impounded, together with all the legal fees, costs, charges, and expenses and the costs of the action of replevin, or instead of this judgment the court may, in its discretion, enter judgment for a return of the beasts to the defendant, to be held by him or her irrepleviable by the plaintiff and for defendant’s damage for the taking by the replevin and for his or her costs of suit. In case the plaintiff in replevin shall not enter his or her suit in replevin, the defendant may file his or her complaint before the court and have judgment against the plaintiff as provided.

History of Section. G.L. 1896, ch. 129, § 12; G.L. 1909, ch. 155, § 12; G.L. 1923, ch. 185, § 12; G.L. 1938, ch. 642, § 12; G.L. 1956, § 4-14-13 .

4-14-14. Disposition of replevied animals returned to defendant.

Whenever the beasts are returned to the defendant pursuant to a judgment under § 4-14-13 , they shall be held and disposed of in like manner as if they had not been replevied.

History of Section. G.L. 1896, ch. 129, § 13; G.L. 1909, ch. 155, § 13; G.L. 1923, ch. 185, § 13; G.L. 1938, ch. 642, § 13; G.L. 1956, § 4-14-14 .

4-14-15. Judgment for plaintiff in replevin.

If it appears, upon the default of the defendant or otherwise, that the beasts were taken without sufficient or justifiable cause, the plaintiff shall have judgment for his or her damages caused by the unjust taking and detaining of the beasts, and for his or her costs of suit.

History of Section. G.L. 1896, ch. 129, § 14; G.L. 1909, ch. 155, § 14; G.L. 1923, ch. 185, § 14; G.L. 1938, ch. 642, § 14; G.L. 1956, § 4-14-15 .

4-14-16. Appeal in replevin.

Either party may, in the district court, claim an appeal in the action brought pursuant to § 4-14-13 , in the same manner and with the same effect as is by law provided in other civil actions in a district court.

History of Section. G.L. 1896, ch. 129, § 15; G.L. 1909, ch. 155, § 15; G.L. 1923, ch. 185, § 15; P.L. 1929, ch. 1331, § 4; G.L. 1938, ch. 642, § 15; G.L. 1956, § 4-14-16 .

4-14-17. Actions beyond jurisdiction of district court.

Whenever the sum demanded for damages exceeds five thousand dollars ($5,000) or whenever the ownership in the beasts is in question and their value exceeds that sum, the action shall be brought before the superior court for the same county, and whenever this fact appears of record or in evidence in any action brought in the district court, the district court shall proceed no further; but shall certify the action to the superior court for that county, which shall proceed to try the action as if it had originally been brought there.

History of Section. G.L. 1896, ch. 129, § 16; C.P.A. 1905, § 1124; G.L. 1909, ch. 155, § 16; G.L. 1923, ch. 185, § 16; P.L. 1929, ch. 1331, § 4; G.L. 1938, ch. 642, § 16; G.L. 1956, § 4-14-17 ; P.L. 1969, ch. 239, § 47.

4-14-18. Appraisal in action for damages against owner of animals.

If the aggrieved person proceeds by action against the owner or keeper of the trespassing beasts, he or she shall get two (2) disinterested inhabitants of the city or town where the trespass was committed to appraise the damages and to give him or her a certificate, in writing, under their hands, which certificate shall be attached to his or her writ and makes an essential part of the writ; and under no circumstances shall he or she recover from the defendant in the action, unless the appraisal and certificate are made within ten (10) days after the time the trespass was committed, nor then to a greater amount of damages than the amount named in the certificate.

History of Section. G.L. 1896, ch. 129, § 17; G.L. 1909, ch. 155, § 17; G.L. 1923, ch. 185, § 17; G.L. 1938, ch. 642, § 17; G.L. 1956, § 4-14-18 .

4-14-19. Right of action where animals break division fence.

Nothing in this chapter contained shall be construed as to impair the right of any proprietor or occupant of land to recover all the damages which he or she sustains by any cattle, sheep, horses, or hogs breaking into his land through that part of the division fence between him or her and the adjoining owner which it is the right and duty of that adjoining owner to repair, if that part of the division fence at the time is out of repair or not conformable to law.

History of Section. G.L. 1896, ch. 129, § 18; G.L. 1909, ch. 155, § 18; G.L. 1923, ch. 185, § 18; G.L. 1938, ch. 642, § 18; G.L. 1956, § 4-14-19 .

4-14-20. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-1-1 .

History of Section. P.L. 2001, ch. 72, § 7.

4-15-1. Municipal pounds.

Every town or city may maintain at its own charge one or more public pounds, for the impounding of horses, mules, neat-cattle, sheep, goats, geese, hogs, and asses and for the securing of those animals agreeable to law in some convenient place or places in that town or city.

History of Section. G.L. 1896, ch. 127, § 1; G.L. 1909, ch. 153, § 1; G.L. 1923, ch. 183, § 1; G.L. 1938, ch. 643, § 1; P.L. 1952, ch. 3001, § 1; G.L. 1956, § 4-15-1 .

4-15-2. Appointment of field drivers.

The town and city councils of the several towns and cities may appoint one or more field drivers for their cities and towns, with the same power to impound animals as the freeholders and qualified voters of the cities and towns.

History of Section. G.L. 1896, ch. 40, § 6; G.L. 1909, ch. 50, § 6; G.L. 1923, ch. 51, § 6; G.L. 1938, ch. 333, § 6; G.L. 1956, § 4-15-2 .

4-15-3. Impoundment of animals at large on highways.

If any horse, neat-beast, sheep, or hog is going at large in any highway or common, or on any land thrown open as a way for public travel and used by the public for travel, any freeholder or qualified elector or field driver may, and every surveyor of highways of the town within which that animal is at large shall, take up the animal and impound it in one of the public pounds of that city or town, and every surveyor of highways of the city or town may appoint in writing a deputy or deputies for that purpose, filing in the office of the city or town clerk a copy of that appointment.

History of Section. G.L. 1896, ch. 128, § 1; G.L. 1909, ch. 154, § 1; G.L. 1923, ch. 184, § 1; G.L. 1938, ch. 641, § 1; G.L. 1956, § 4-15-3 .

4-15-4. Grazing animals deemed at large.

Every horse, neat-beast, sheep, or hog which feeds or grazes upon any highway or common, or on any land thrown open as a way for public travel and used by the public for travel, is deemed to be going at large.

History of Section. G.L. 1896, ch. 128, § 2; G.L. 1909, ch. 154, § 2; G.L. 1923, ch. 184, § 2; G.L. 1938, ch. 641, § 2; G.L. 1956, § 4-15-4 .

4-15-5. Animals in private ways in Newport.

Horses, neat-cattle, sheep, and hogs are deemed to be at large within the meaning of this chapter within the limits of any private way in the city of Newport, without the consent of the owners of the fee in that private way, and that private way, for the purpose of authorizing the taking up and impounding of those animals, is deemed a common within the meaning of this chapter.

History of Section. G.L. 1896, ch. 128, § 3; G.L. 1909, ch. 154, § 3; G.L. 1923, ch. 184, § 3; G.L. 1938, ch. 641, § 3; G.L. 1956, § 4-15-5 .

4-15-6. Care of impounded animals.

The keeper of any pound in which any animal is impounded shall receive, keep, and feed the animal in that pound and he or she shall and may milk any impounded cow for his or her own use.

History of Section. G.L. 1896, ch. 128, § 4; G.L. 1909, ch. 154, § 4; G.L. 1923, ch. 184, § 4; G.L. 1938, ch. 641, § 4; G.L. 1956, § 4-15-6 .

4-15-7. Fees paid to poundkeeper.

1. The owner of any impounded animal shall not take the animal out of the pound until he or she first pays to the poundkeeper, the expenses of keeping that animal, no regard being had to the milk derived from the animal, and the fees of the poundkeeper for receiving the animal into the pound, namely: for each horse and neat-beast, not more than five dollars ($5.00); for each sheep and hog, not more than three dollars ($3.00); for every notification set up, or notice given to the owner, not more than one dollar ($1.00); and the following penalties, namely: for every horse, neat-beast, hog, and sheep, not more than two dollars ($2.00) as by ordinance provided by each town or city.
2. The Richmond town council is authorized to enact ordinances:
   1. Prohibiting the owner or custodian of any animal including, but not limited to, horses, cattle, goats, sheep, swine, emus, llamas, alpacas, rabbits, poultry, ducks, geese, guinea fowl, pea fowl, peacocks, ostriches, reptiles, and birds, to allow that animal to be at large;
   2. Authorizing the animal control officer or any police officer to seize and impound any animal found off the property of its owner or custodian;
   3. Imposing the penalties prescribed by 4-13-1(b)(12) for allowing any animal to be at large; and
   4. Permitting the animal control officer or any police officer to issue citations for violations and to provide for payment of fines by mail.

History of Section. G.L. 1896, ch. 128, § 5; G.L. 1909, ch. 154, § 5; G.L. 1923, ch. 184, § 5; G.L. 1938, ch. 641, § 5; P.L. 1955, ch. 3571, § 1; G.L. 1956, § 4-15-7 ; P.L. 2011, ch. 141, § 2; P.L. 2011, ch. 142, § 2.

4-15-8. Disposition of penalties.

The poundkeeper shall pay one half (1/2) of every sum received by him or her as a penalty, in pursuance of § 4-15-7 , to the city or town treasurer of the city or town in which the pound is situated, and one half (1/2) to the person who impounded the animal.

History of Section. G.L. 1896, ch. 128, § 6; G.L. 1909, ch. 154, § 6; G.L. 1923, ch. 184, § 6; G.L. 1938, ch. 641, § 6; G.L. 1956, § 4-15-8 .

4-15-9. Advertising and notice of impoundment.

After any animal has been impounded for forty-eight (48) hours, the poundkeeper shall immediately post up notifications in at least three (3) public places in the city or town with that pound, one of which shall be at or near the office of the city or town clerk of that city or town, describing the natural and artificial marks, if any, on the animal, or shall give notice in writing to the owner of the animal.

History of Section. G.L. 1896, ch. 128, § 7; G.L. 1909, ch. 154, § 7; G.L. 1923, ch. 184, § 7; G.L. 1938, ch. 641, § 7; G.L. 1956, § 4-15-9 .

4-15-10. Delivery of unclaimed animal to city or town treasurer.

If no owner appears within five (5) days from the date of notification, or notice, and pays the penalty and charges, the poundkeeper shall deliver the animal to the city or town treasurer of the city or town, with a statement, in writing, of the time and manner in which the animal was impounded and of the proceedings of that poundkeeper in relation to the animal, together with an account of the charges and expenses due from the owner of the animal to the poundkeeper by virtue of this chapter.

History of Section. G.L. 1896, ch. 128, § 8; G.L. 1909, ch. 154, § 8; G.L. 1923, ch. 184, § 8; G.L. 1938, ch. 641, § 8; G.L. 1956, § 4-15-10 .

4-15-11. Sale of unclaimed animals — Disposition of proceeds.

If the city or town treasurer finds the proceedings of the poundkeeper correct, he or she shall sell the animal at public auction, after giving reasonable notice of the sale, and shall, out of the proceeds of the sale, pay the incidental expenses of the sale, the cost of keeping the animal after the animal was delivered to him or her by the poundkeeper for sale, the expenses, charges and penalty, and in the order provided in this chapter, if the proceeds of the sale are not sufficient to pay all the expenses.

History of Section. G.L. 1896, ch. 128, § 9; G.L. 1909, ch. 154, § 9; G.L. 1923, ch. 184, § 9; G.L. 1938, ch. 641, § 9; G.L. 1956, § 4-15-11 .

4-15-12. Conveyances found with impounded animals.

If any horse or other animal, attached to any vehicle, sledge, or sleigh, is found at large, abandoned, or with no person in charge of the animal, upon any highway or common, or on any land thrown open as a way for public travel and used by the public for travel, any person authorized under this chapter to impound animals going at large, may impound the vehicle, sledge, or sleigh, together with the vehicle, sledge or sleigh attached and the harness and other property, in one of the public pounds of that city or town. The animal shall be subject to the provisions of this chapter, and the vehicle, sledge or sleigh, harness and other property, shall be held, surrendered or, after thirty (30) days’ notice by the town or city treasurer, sold, under the same liabilities, powers, provisions, and restrictions prescribed in this chapter relating to horses and other animals impounded.

History of Section. G.L. 1896, ch. 128, § 10; G.L. 1909, ch. 154, § 10; G.L. 1923, ch. 184, § 10; G.L. 1938, ch. 641, § 10; G.L. 1956, § 4-15-12 .

4-15-13. Application of chapter to goats and geese.

If any city or town votes to extend the provisions of this chapter to goats and to geese going at large within its limits, those goats and geese shall subject their owner to the same obligations and duties and shall themselves be disposed of in the same way as is in this chapter provided in relation to the animals named in this section.

History of Section. G.L. 1896, ch. 128, § 11; G.L. 1909, ch. 154, § 11; G.L. 1923, ch. 184, § 11; G.L. 1938, ch. 641, § 11; G.L. 1956, § 4-15-13 .

4-15-14. Fees and penalties for goats and geese.

The fees of the poundkeeper for receiving goats shall be four cents (4¢) each, and for receiving geese two cents (2¢) each, and the penalty shall be twenty cents (20¢) for each goat and five cents (5¢) for each goose.

History of Section. G.L. 1896, ch. 128, § 12; G.L. 1909, ch. 154, § 12; G.L. 1923, ch. 184, § 12; G.L. 1938, ch. 641, § 12; G.L. 1956, § 4-15-14 .

4-15-15. Veterinarian’s emergency treatment of animals — Immunity from liability.

1. Any licensed veterinarian of this state has the right to treat any animal which has become injured upon any public highway of this state or upon any public or private property of this state which is transported to that veterinarian by any person.
2. If in the veterinarian’s opinion the injuries sustained by the animal will result in death, the veterinarian has the right to apply euthanasia to eliminate any unnecessary suffering.
3. If, at the conclusion of a seventy-two (72) hour period the legal owner of the animal has not been identified or presented himself or herself to the veterinarian, the veterinarian has the right to return the animal to the animal control warden or dog officer of the community where the animal was injured for disposition. The animal warden or dog officer shall have the right to dispose of the animal in accordance with the ordinances set forth by the community.
4. The veterinarian, animal control officer, or dog officer, or any person shall not be held liable for any actions taken by them in the treatment or care of the animal by the owner should the owner become known and the owner shall then be responsible for any fees reasonably incurred in the treatment and care of the animal.

History of Section. P.L. 1977, ch. 81, § 1.

4-15-16. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-1-1 .

History of Section. P.L. 2001, ch. 72, § 8.

4-16-1. Taking up on private land.

If any person finds any horse, neat-beast, sheep, or hog on his or her land doing damage, not knowing to whom the animal belongs, he or she may take the animal as an estray, and within two (2) days report the estray to the city or town clerk of the city or town in which the animal was found.

History of Section. G.L. 1896, ch. 130, § 1; G.L. 1909, ch. 156, § 1; G.L. 1923, ch. 186, § 1; G.L. 1938, ch. 644, § 1; G.L. 1956, § 4-16-1 .

4-16-2. Notice and publication of estrays.

The city or town clerk shall give three (3) notices, attested under his or her hand, setting forth the natural and artificial marks of the animal, one of which notices he or she shall cause to be set up in a public place in the city or town and the other two (2) notices in public places in the several adjoining cities or towns in the state, and also cause the notices to be published in one of the newspapers published in the several adjoining cities or towns to that in which the estray was found.

History of Section. G.L. 1896, ch. 130, § 2; G.L. 1909, ch. 156, § 2; G.L. 1923, ch. 186, § 2; G.L. 1938, ch. 644, § 2; G.L. 1956, § 4-16-2 .

4-16-3. Retention of estrays by taker.

Every estrayed animal taken up shall be kept by the person who took it up thirty (30) days. If it is a horse, the person shall have a withe kept about the horse’s neck the whole of that time.

History of Section. G.L. 1896, ch. 130, § 3; G.L. 1909, ch. 156, § 3; G.L. 1923, ch. 186, § 3; G.L. 1938, ch. 644, § 3; G.L. 1956, § 4-16-3 .

4-16-4. Reclaimer of estrays by owner.

Any person claiming an estrayed animal may, at any time within thirty (30) days, claim the animal by paying the just and reasonable charges of keeping and notifying provided in § 4-16-3 over and above the actual benefit derived from the use of the animal.

History of Section. G.L. 1896, ch. 130, § 4; G.L. 1909, ch. 156, § 4; G.L. 1923, ch. 186, § 4; G.L. 1938, ch. 644, § 4; G.L. 1956, § 4-16-4 .

4-16-5. Settlement of disputes as to maintenance charges.

In case any difference arises between the parties about the charge of keeping an estrayed animal, the dispute may be referred to the district court having jurisdiction in the city or town, which shall hear and determine the dispute and tax costs as in other cases.

History of Section. G.L. 1896, ch. 130, § 5; G.L. 1909, ch. 156, § 5; G.L. 1923, ch. 186, § 5; G.L. 1938, ch. 644, § 5; G.L. 1956, § 4-16-5 .

4-16-6. Appraisal — Sale of unclaimed animals.

In case no owner appears within thirty (30) days, the person who took up the animal shall go to the city or town clerk, taking with him or her two (2) electors of the neighborhood whom the city or town clerk shall engage to make a faithful and true appraisal of the animal, and the person who took up the animal shall pay the sum the animal shall be appraised at, after all just charges are deducted, into the hands of the city or town clerk. If the person fails to pay the appraised amount, the animal shall be sold at public auction after reasonable notice under the direction of the city or town clerk for the payment of those charges, and in either case the balance shall be retained for the use of the owner.

History of Section. G.L. 1896, ch. 130, § 6; G.L. 1909, ch. 156, § 6; G.L. 1923, ch. 186, § 6; G.L. 1938, ch. 644, § 6; G.L. 1956, § 4-16-6 .

4-16-7. Penalty for failure to proceed as required.

Any person taking up any estrayed animal and not proceeding as required by this chapter shall forfeit twenty-five dollars ($25.00), one half (1/2) to the use of the city or town where the offense has been committed and one half (1/2) to the use of him or her who shall sue for it.

History of Section. G.L. 1896, ch. 130, § 7; G.L. 1909, ch. 156, § 7; G.L. 1923, ch. 186, § 7; G.L. 1938, ch. 644, § 7; G.L. 1956, § 4-16-7 .

4-16-8. Use of animal by taker pending reclaim.

The person who shall take up any estrayed animal may lawfully use the animal during the time it may be in his or her possession, after he or she has given notice thereof to the city or town clerk as required in § 4-16-1 .

History of Section. G.L. 1896, ch. 130, § 8; G.L. 1909, ch. 156, § 8; G.L. 1923, ch. 186, § 8; G.L. 1938, ch. 644, § 8; G.L. 1956, § 4-16-8 .

4-16-9. Clerk’s records — Fees.

Every city or town clerk shall keep a fair record of all his or her proceedings under this chapter, and shall pay all moneys by him or her received for any estrays and for which no owner appears, into the city or town treasury immediately on receipt. The city or town clerk shall be paid twenty-five cents (25¢) for every notice posted or printed; and if no owner appears, and the estray is appraised, and he or she gives a certificate, he or she shall have twenty-five cents (25¢) of the fees.

History of Section. G.L. 1896, ch. 130, § 9; G.L. 1909, ch. 156, § 9; G.L. 1923, ch. 186, § 9; G.L. 1938, ch. 644, § 9; G.L. 1956, § 4-16-9 .

4-16-10. Limited application of chapter.

The provisions of this chapter shall not extend to any city or town where other provisions on this subject are made by law.

History of Section. G.L. 1896, ch. 130, § 10; G.L. 1909, ch. 156, § 10; G.L. 1923, ch. 186, § 10; G.L. 1938, ch. 644, § 10; G.L. 1956, § 4-16-10 .

4-16-11. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-1-1 .

History of Section. P.L. 2001, ch. 72, § 9.

4-17-1. Declaration of policy.

It is declared and determined as a matter of legislative finding that the use of humane methods in the slaughter of livestock prevents needless suffering, results in safer and better working conditions for persons engaged in the slaughtering industry, brings about improvement of products and economy in slaughtering operations, and produces other benefits for producers, processors, and consumers that tend to expedite the orderly flow of livestock and their products. It is declared to be the policy of the state to require that the slaughter of all livestock and the handling of livestock, in connection with slaughter, be carried out only by humane methods and to provide that methods of slaughter conform generally to those employed in other states where humane slaughter is required by law and to those authorized by the Federal Humane Slaughter Act of 1958, 7 U.S.C. § 1901 et seq., and regulations under that act.

History of Section. P.L. 1961, ch. 26, § 1.

4-17-2. Definitions.

As used in chapter:

1. “Director” means the director of environmental management.
2. “Humane method” means either:
   1. A method through which the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or
   2. A method in accordance with the ritual requirements of the Jewish faith or any other religious faith through which the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
3. “Livestock” means cattle, cows, sheep, swine, horses, mules, goats and any other animal which can or may be used in and for the preparation of meat or meat products.
4. “Packer” means any person engaged in the business of slaughtering, or manufacturing or preparing meat or meat products for sale, either by that person or others, or of manufacturing or preparing livestock products for sale by that person or others.
5. “Person” means any individual, partnership, corporation, or association doing business in this state, in whole or in part.
6. “Slaughterer” means any person who regularly engages in the commercial slaughtering of livestock.
7. “Stockyard” means any place, establishment, or facility commonly known as a stockyard, conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping, and holding of livestock for the purpose of sale or shipment.

History of Section. P.L. 1961, ch. 26, § 1.

4-17-3. Shackling and hoisting.

No slaughterer, packer, or stockyard operator shall shackle, hoist, or otherwise bring livestock into position for slaughter by any method which causes injury or pain.

History of Section. P.L. 1961, ch. 26, § 1.

4-17-4. Method of slaughter.

No slaughterer, packer, or stockyard operator shall bleed or slaughter any livestock except by a humane method.

History of Section. P.L. 1961, ch. 26, § 1.

4-17-5. Administration — Rules and regulations — Manual use of hammer, sledge, or poleax declared inhumane.

The director shall administer the provisions of this chapter. He or she shall promulgate and may from time to time revise rules and regulations which conform substantially to the rules and regulations promulgated by the secretary of agriculture of the United States pursuant to the Federal Humane Slaughter Act of 1958, 7 U.S.C. § 1901 et seq. The use of a manually operated hammer, sledge or poleax is declared to be an inhumane method of slaughter within the meaning of this chapter.

History of Section. P.L. 1961, ch. 26, § 1.

4-17-6. Penalty for violations.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not more than five hundred ($500) dollars, or by imprisonment for not more than one year.

History of Section. P.L. 1961, ch. 26, § 1.

4-17-7. Exemption of ritual slaughter.

Nothing in this chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this chapter, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this chapter. For the purposes of this section, the term “ritual slaughter” means slaughter in accordance with § 4-17-2(2)(ii) .

History of Section. P.L. 1961, ch. 26, § 1.

4-18-1. Purpose and scope.

This chapter is intended to provide safeguards for the protection of persons in the state from disease hazards associated with imported wild animals. This chapter applies to all persons, including, but not limited to, the following: educational and research institutions, zoological gardens, schools, colleges, universities, pet stores, animal care facilities, and laboratories, who import, hold, sell, purchase or possess any wild animal for which an import permit is required under this chapter.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-2. Definitions.

For the purposes of this chapter:

1. “Animal” means any wild animal or bird specified under the provisions of § 4-18-3 .
2. “Approved quarantine facility” means a facility approved by the department for the quarantine confinement of imported animals.
3. “Department” means the Rhode Island department of environmental management.
4. “Euthanasia” means the human destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during that loss of consciousness.
5. “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures during the required period of quarantine.
6. “Person” means any person, firm, association, organization, partnership, business trust, corporation, or company.
7. “Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, or compartment within the quarantine facility.
8. “Primate” means a nonhuman member of the highest order of mammals, including prosimians, monkeys, and apes as specified in § 4-18-3 .
9. “Standards” means the requirements with respect to the quarantine housing, handling, care, treatment, and transportation of imported animals.
10. “Veterinarian” means a person authorized to practice veterinary medicine in Rhode Island.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-3. Permit required to import wild animals.

1. No person shall import into, receive, or possess in this state without first obtaining a permit from the department, animals of the following orders, families, and genera: primates, carnivores, amphibia, reptilia, canidae, and insecta. The director may by regulation designate additional orders, families, genera, or species requiring a permit to import, receive or possess; or the director may by regulation waive the permit requirement for specific species, orders, families and genera.
2. Any animal care facility accredited by the American zoo and aquarium association (AZA) shall be exempt from this provision, provided, however, the facility provides the state veterinarian with a quarterly summary of any and all animal acquisitions and dispositions.

History of Section. P.L. 1971, ch. 58, § 1; P.L. 1979, ch. 58, § 1; P.L. 1980, ch. 12, § 1; P.L. 2000, ch. 159, § 1; P.L. 2000, ch. 232, § 1.

4-18-4. Application for import permits.

Import permits for animals listed under § 4-18-3 shall be issued only upon written application from the person desiring to import them. The application shall include, but not be limited to, the following:

1. The number and true scientific name of each species (Reference: Walker, E. P., and others. Mammals of the World. Baltimore, Johns Hopkins Press, 1964. Volumes I and II and subsequent editions).
2. The carrier and probable point of first arrival in this state of each shipment.
3. The purpose for which they are to be imported (exhibition, research, sale to the public, etc.).
4. The name and address of the consignee.
5. The name and address of the consignor.
6. The place or premise where the animals shall be held in quarantine pending the completion of any tests, veterinary examinations, and observation period as may be specified by the department in issuance of the import permit. Adequate quarantine facilities must be available and approved by the department before issuance of the import permit can be made.
7. The name and address of the veterinarian who conducts the tests and examinations specified by the department.
8. For personal pets only, the date of acquisition and name and address of supplier.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-5. Issuance of import permits.

Issuance of import permits for animals listed under § 4-18-3 may be made by the department upon:

1. Submission of written application providing the information enumerated under § 4-18-4 not less than seven (7) days preceding the probable date of shipment;
2. Completion of an inspection indicating that the quarantine facility or premises designated in the application are adequate;
3. Payment of the necessary permit fees required under § 4-18-8 ;
4. Determination by the department that the public health and safety is not endangered; and
5. Approval of the probable point of first arrival into this state.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-6. Exempted importations.

1. Short term nonresident exhibitions.  Animals subject to this chapter may be brought into the state for short term nonresident exhibition purposes without permit. Animal(s) permitted entry under this section shall not be disposed of by sale, trade or gift during the period within this state. Short term nonresident exhibition purposes shall not exceed thirty (30) days.
2. Animal breeding.  Notwithstanding the provisions of § 4-18-5 , animals being moved for breeding purposes as part of a recognized animal colony established for experimental breeding of animals in captivity, may be moved for this purpose upon issuance of permit provided that the conditions specified by the department in the permit are adhered to in full.
3. Personal pets under special permit.  Notwithstanding the provisions of §§ 4-18-4 and 4-18-5 , a permit may be granted by the department to import a wild animal as a personal pet, if a written affidavit or declaration under penalty of perjury is completed at the time of entry at the site of first arrival and transmitted either by mail or in person to the department immediately. The affidavit or declaration under penalty of perjury shall include, but not be limited to, the following:
   1. The number and true scientific name of the species being imported as required in § 4-18-3 ;
   2. The date and location of acquisition of the pet animal;
   3. A statement of the place or premises where the animal will be held in quarantine pending completion of veterinary examination;
   4. An agreement that within ten (10) days the department will be notified of the name and address of the veterinarian who conducts examinations and tests required by the department, and that the required import fees be paid within the ten (10) days.
4. Zoological collections and managed propagation facilities accredited by the American zoo and aquarium association (AZA) and licensed by the United States department of agriculture (USDA).  Animals subject to this chapter may be brought into the state or propagated for zoological exhibition purposes without permit if imported or born directly to a facility which is both AZA accredited and USDA licensed. The facilities shall comply with departmental import/possession specifications prior to importation. The importation/possession requirements may include but are not limited to: disease diagnostic tests, veterinary procedures and examinations, and individual identification requirements for the importation/possession of each animal subject to this chapter. The department reserves the right to immediate examination and testing of the imported/possessed wild animals when there is probable cause as determined by the department to suspect that the animals are harboring diseases or parasites suspected of endangering public health or the health of domestic animals, or that of native wild animals. Measures deemed necessary to protect domestic animals, public health, and native wild animals may include but are not limited to: quarantine, treatment, seizure, destruction, and postmortem examination. The department shall be notified within three (3) months of the death of any animal subject to this chapter. Furthermore, the department shall be notified immediately upon the death of any animal subject to this chapter which death may have resulted from infectious, contagious, or zoonotic disease or upon the escape of any animal subject to this chapter.

History of Section. P.L. 1971, ch. 58, § 1; P.L. 2000, ch. 159, § 1; P.L. 2000, ch. 232, § 1.

4-18-7. Repealed.

History of Section. P.L. 1971, ch. 58, § 1; Repealed by P.L. 1979, ch. 58, § 2. For general quarantine provisions, see § 4-18-11 .

4-18-8. Permit fees.

1. Each application for an import permit shall be accompanied by payment of an import permit fee to the department. Except as provided in § 4-18-6 (a) and (b), the permit fee charged shall be at the rate of five dollars ($5.00) per animal.
2. If the actual number of animals received in the shipment exceeds the number enumerated in the application, payment of an additional fee for the unpaid animal(s) shall be due at the rate of five dollars ($5.00) per animal.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-9. Rules and regulations.

The director may make reasonable rules and regulations to carry out the provisions of this chapter concerning the following:

1. Quarantine facilities and operating standards;
2. Primary enclosures;
3. Animal health and husbandry standards;
4. Quarantine records;
5. Quarantine reporting;
6. The establishment of certain classes, orders, families, genera and species of animals which may be imported into, received, or possessed in this state without permit; and
7. The establishment of certain classes, orders, families, genera and species of animals other than those specified in § 4-18-3 which may be imported into, received or possessed in this state subject to obtaining a permit.

History of Section. P.L. 1971, ch. 58, § 1; P.L. 1980, ch. 72, § 1.

4-18-10. Approved quarantine facilities.

Quarantine facilities used to house imported animals are subject to inspection and approval by representatives of the department for any periods of time that the department deems indicated. Those facilities may be used for housing imported animals only as long as they are maintained and operated in conformance with standards prescribed by regulation.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-11. Quarantine.

1. Quarantine period and conditions for release.  All imported animals must be maintained for any period of quarantine required by the department and under any conditions as prescribed in this section:
   1. Primates.  The normal quarantine period required for primates is that which provides for a physical examination, administration of a tuberculin test by a veterinarian upon entry, and a repeat physical examination and tuberculin test thirty (30) days later. Primates may be released from quarantine by the department upon completion of the second tuberculin test provided that in the judgment of the attending veterinarian:
      1. Both tuberculin tests are negative.
      2. The animals exhibit no visible oral ulcers at the end of quarantine period.
      3. The animals show no clinical evidence of dysentery or diarrhea, emesis, emaciation, contagious skin lesions, central nervous system disturbances, jaundice, or abnormal respiratory signs at the end of quarantine period.
      4. There is no evidence of a zoonotic disease traced back to the quarantined animals.
      5. In the opinion of the attending veterinarian the animals are healthy. A summary report by the attending veterinarian, in writing over his or her signature, shall be made to the department incorporating (1) the results of all tests, physical examinations, etc., performed and (2) his or her opinion that the animals are healthy.
   2. Carnivores.  Carnivores shall be confined in a place and manner approved by the department for a ninety (90) day period. A primary enclosure as defined under § 4-18-2 or an equivalent approved by the department is acceptable for confinement. If at the end of quarantine, the animals are examined and found healthy by a veterinarian, they may be released by the department upon receipt of this certification in writing by the attending veterinarian without further restriction.
2. Animals refused release.  Imported animals refused release from quarantine shall be handled in any manner as approved and specified by the department.
3. Variations from quarantine procedures.  Where the quarantine procedures specified are not compatible with the objective of a specific research project, the department may authorize variations from the requirements specified, provided that no public health hazard results from the variations allowed.
4. Sales to institutions, zoos, etc.  Any person importing animals for purposes of sale to any educational and research institution, zoological garden, laboratory, college, or university may satisfy the requirements of this chapter by contract with that institution. The quarantine shall meet all of the requirements with regard to period, observation, reporting and other conditions of quarantine.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-12. Tuberculin tests.

The method of tuberculin testing used is subject to approval by the department. Normal variations in site of administration and type and dilution of tuberculin used for intradermal injection may be accepted by the department. The use of such testing methods as the patch and multiple puncture tests will not be accepted.

History of Section. P.L. 1971, ch. 58, § 1.

4-18-13. Exceptions.

The department upon application may grant variances from the requirements of these regulations as it determines are authorized by law and will not result in hazard to the public health. Those applications, and variances made, shall be in writing and any variances granted under this section shall set forth conditions designed to protect the public health, and shall be granted only for a specified period.

History of Section. P.L. 1971, ch. 58, § 1; P.L. 2000, ch. 159, § 1; P.L. 2000, ch. 232, § 1.

4-18-14. Penalty for violations.

Any person who violates any provisions of this chapter shall be fined not less than one hundred dollars ($100), and the loss of any specimen referred to in this chapter.

History of Section. P.L. 1979, ch. 58, § 3; P.L. 1980, ch. 72, § 1.

4-18-15. Enforcement of this chapter.

The director of environmental management or his or her designee shall enforce the provisions of this chapter.

History of Section. P.L. 1980, ch. 72, § 1.

4-19-1. Purpose.

The purpose of this chapter is:

1. To protect the owners of dogs and cats from the sale or use of stolen pets;
2. To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed or registered under this chapter, are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons or organizations engaged in transporting, selling, handling, housing, and care of these animals;
3. To ensure that animals confined in pet shops, kennels, animal shelters, auction markets, breeding facilities, training facilities with the exception of training facilities maintained by government agencies and training facilities operated by volunteers working for a not-for-profit or exempt nonprofit organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, and pounds are provided humane care and treatment;
4. To release for sale, trade, or adoption only those animals that appear to be free of infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is assured;
5. To ensure the spaying and neutering of dogs and cats that are adopted from a releasing agency;
6. To increase transparency concerning where pet shops source dogs and cats; and
7. To ensure pet shops can also source puppies and kittens from rescues and shelters to help provide homes for puppies and kittens in need.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1993, ch. 24, § 1; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2017, ch. 447, § 1; P.L. 2017, ch. 475, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1; P.L. 2019, ch. 182, § 1; P.L. 2019, ch. 252, § 1.

4-19-2. Definitions.

As used in this chapter, chapter 13 of this title, and the regulations promulgated under this chapter:

1. “Adequate feed” means the provision at suitable intervals, not to exceed twenty-four (24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish, or container.
2. “Adequate veterinary care” means care by a licensed veterinarian sufficient to prevent the animal from experiencing unnecessary or unjustified physical pain or suffering.
3. “Adequate water” means a constant access to a sufficient supply of clean, fresh, potable water provided in a sanitary manner and provided at suitable intervals for the species to maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.
4. “Adopt” means when an adopting party voluntarily acquires and assumes responsibility for an animal from a releasing agency that is properly licensed or registered by the department.
5. “Adopting party” means any person who enters into a contract acquiring an animal from a releasing agency that is properly licensed or registered by the department.
6. “Ambient temperature” means the temperature surrounding the animal.
7. “Animal” means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep, goats, swine, and domestic fowl.
8. “Animal rescue” or “rescue” means an entity, without a physical brick-and-mortar facility, that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption.
9. “Animal shelter” means a brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
10. “Breeder” means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.
11. “Broker” means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point.
12. “Dealer” means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility.
13. “Director” means the director of environmental management of the state of Rhode Island.
14. “Dog officer” or “animal-control officer” means any person employed, contracted, or appointed by the state, or any political subdivision of the state, for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats, or other animals; the control of dogs, cats, or other animals; or the seizure and impoundment of dogs, cats, or other animals and includes any state or municipal peace officer, animal-control officer, sheriff, constable, or other employee whose duties, in whole or in part, include assignments that involve the seizure or taking into custody of any dog, cat, or other animal.
15. “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during that loss of consciousness.
16. “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.
17. “Hobby breeder” means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed the limits set forth in § 4-25-1(4) . Any person who sells at retail a number in excess of the limits in the aforementioned section shall be considered a breeder.
18. “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures.
19. “Kennel” means a place or establishment, other than a pound or animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to the following:
    1. Sheltering, feeding, and watering in return for a fee in a residential setting, of no more than four (4) animals not owned by the proprietor, subject to any applicable municipal ordinance that may be more restrictive;
    2. Any entity that sells a dog or cat.
20. “Licensed releasing agency” means any animal shelter, animal-rescue, pound, animal-control officer, or broker that is required to be licensed or registered with the director pursuant to the provisions of this chapter and is so licensed or registered.
21. “Neuter” means to surgically render a male dog or cat unable to reproduce.
22. “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
23. “Pet shop” means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises and does not exceed the limits set forth in § 4-25-1(4) .
24. “Pound” or “dog pound” means a facility operated by a state, or any political subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.
25. “Primary enclosure” or “enclosure” means the most proximal barrier to an animal that will have the intended purpose or effect of containment of that animal or that will effectively restrict the liberty of the animal.
26. “Public auction” means any place or location where dogs or cats are sold at auction to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a group, or by weight.
27. “Research facility” means any place, laboratory, or institution at which scientific tests, investigations, or experiments involving the use of living animals are carried out, conducted, or attempted.
28. “Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
29. “Sexual maturity” means when a dog or cat reaches six (6) months. In all instances, the licensed releasing agency or a licensed veterinarian will determine the age of the dog or cat.
30. “Spay” means to surgically render a female dog or cat unable to reproduce.
31. “State veterinarian” means a licensed veterinarian from the department of environmental management.
32. “Trainer” means those persons who actively engage in the application of behavior analysis using the environmental events of antecedents and consequences to modify the behavior of an animal, either for the animal to assist in specific activities or undertake particular tasks, or for the animal to participate effectively in contemporary domestic life, and who keep, board, or retain possession of the animal for at least one overnight period, with the exception of those persons engaged in these activities for dog training programs operated by government agencies and for dog training programs operated by a not-for-profit or exempt nonprofit organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1993, ch. 24, § 1; P.L. 1994, ch. 231, § 2; P.L. 1994, ch. 420, § 1; P.L. 1995, ch. 260, § 1; P.L. 2001, ch. 72, § 10; P.L. 2012, ch. 301, § 3; P.L. 2012, ch. 358, § 3; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2017, ch. 447, § 1; P.L. 2017, ch. 475, § 1; P.L. 2018, ch. 81, § 1; P.L. 2018, ch. 91, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1; P.L. 2019, ch. 182, § 1; P.L. 2019, ch. 252, § 1.

4-19-3. Registration of municipal dog pounds.

No municipality shall operate a dog pound unless a certificate of registration for that dog pound has been granted by the director. Application for that certificate shall be made in the manner provided by the director. No fee is required for the application or certificate. Certificates of registration are valid for a period of one year or until revoked and may be renewed annually on the first day of January for like periods upon application in the manner provided.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2.

4-19-4. Registration of animal shelters, rescues, and brokers.

No person shall operate an animal shelter, rescue, or as a broker unless a certificate of registration for that animal shelter, rescue, or broker has been granted by the director. Application for that certificate shall be made in the manner provided by the director. No fee is required for the application or certificate. Certificates of registration are valid for a period of one year, or until revoked, and may be renewed annually on the first day of January for like periods upon application in the manner provided.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-4.1. Sales by pet shops.

1. A pet shop shall send the following records to the department of environmental management on or before May 1 and November 1 of every year, documenting the following for each dog or cat offered for sale during the previous six (6) months:
   1. A health certificate signed by a licensed veterinarian that indicates that the dog or cat was examined and in good health seven (7) days after the dog or cat was acquired by the pet shop;
   2. Original source information including:
      1. The name, business name, if applicable, street address, city, and state of the breeder;
      2. Any applicable federal and state license number for the breeder;
      3. Any federal and state inspection reports the breeder received in the previous six (6) months, without redactions, unless the reports are unavailable because the breeder had not been inspected by federal or state agencies in the previous six (6) months;
      4. The total number of dogs and cats on the premises of the breeder at the time the dog or cat offered for sale by the pet shop left the breeder’s premises;
   3. Broker or dealer information, if applicable, including:
      1. The name, business name, if applicable, street address, city, and state of the broker or dealer who obtained the dog or cat from the breeder and resold the dog or cat to the pet shop;
      2. Any applicable federal and state license number for the broker or dealer who sold the dog or cat to the pet shop;
      3. Any federal and state inspection reports the broker or dealer received in the previous six (6) months, without redactions, unless such reports are unavailable because the broker or dealer has not been inspected by federal or state agencies in the previous six (6) months.
2. A pet shop shall post on the enclosure of each dog and cat offered for sale:
   1. The breed, age, and date of birth of the dog or cat;
   2. The information required under subsection (a) of this section.
3. Subsections (a) and (b) of this section shall not apply to any dog or cat obtained from an animal rescue, shelter, or dog pound.
   1. For those dogs or cats obtained from an animal rescue, shelter, or dog pound, a pet shop must post on each enclosure the name and address of the animal rescue, animal shelter, or dog pound, and the organization’s federal tax identification number, if applicable.
4. A pet shop owner or operator who violates any provision of this section shall be punished by a fine of not more than two hundred fifty dollars ($250) for a first offense, by a fine of not more than three hundred dollars ($300) for a second offense, and a fine of not more than five hundred dollars ($500) for a third or subsequent offense. Each failure to report or post in violation of this section shall constitute a separate offense.

History of Section. P.L. 2019, ch. 120, § 2; P.L. 2019, ch. 145, § 2.

4-19-4.2. Prohibition on sales in public places.

1. It shall be unlawful for any person to sell, exchange, trade, barter, lease, or display for a commercial purpose any dog or cat on any roadside, public right-of-way, parkway, median, park, other recreation area, flea market or other outdoor market, or commercial or retail parking lot regardless of whether such access is authorized.
2. This section shall not apply to the following:
   1. The display or adoption of dogs or cats by an animal shelter, pound, or rescue as defined in this chapter; or
   2. The display of dogs or cats as part of a state or county fair exhibition, 4-H program, or similar exhibitions or educational programs.

History of Section. P.L. 2019, ch. 120, § 2; P.L. 2019, ch. 145, § 2.

4-19-5. Pet shop licenses.

No person shall operate a pet shop, as defined in this chapter, unless a license to operate that establishment shall have been granted by the director. Application for that license shall be made in the manner provided by the director. The license period is the state’s fiscal year and the license fee is one hundred dollars ($100.00) for each license period or part thereof beginning with the first day of the fiscal year.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2004, ch. 595, art. 33, § 4; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-5.1. Breeder licenses.

No person shall act as a breeder, as defined in § 4-19-2 , unless in possession of a valid license to operate as a breeder granted by the director. Application for that license shall be made in the manner provided by the director. The license period is the state’s fiscal year and the license fee is one hundred dollars ($100) for each license period or part thereof beginning with the first day of the fiscal year.

History of Section. P.L. 2017, ch. 447, § 2; P.L. 2017, ch. 475, § 2; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-5.2. Trainers required to obtain kennel license — Exceptions.

No person shall act as a trainer, as defined in § 4-19-2 , unless in possession of a valid kennel license as set forth in § 4-19-6 . Provided, however, persons engaged in dog training activities for dog training programs operated by government agencies, or operated by a not-for-profit or exempt nonprofit organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, shall not be required by this section to obtain a kennel license.

History of Section. P.L. 2019, ch. 182, § 2; P.L. 2019, ch. 252, § 2.

4-19-6. Public auction and kennel licenses.

1. No person shall operate a public auction or a kennel, as defined in this chapter, unless a license to operate that establishment has been granted by the director. Application for the license shall be made in the manner provided by the director. The license period is the fiscal year and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning with the first day of the fiscal year.
2. This section shall not be interpreted to interfere in any manner with the issuing of a public auction or kennel license by any city or town, nor any fee charged by any city or town. No license shall be issued by the director except for those premises as shall be designated for the licensure by the respective city or town council.
3. Pursuant to § 4-19-2(19) , any person who provides the sheltering, feeding, and watering in return for a fee in a residential setting of no more than four (4) animals not owned by the proprietor is:
   1. Exempt from licensure as a kennel under this chapter; and
   2. Subject to inspection by an authorized agent of the department of environmental management (hereinafter “the department”) upon the department receiving a written complaint against the person. Only complaints related to animal care, animal health, and animal welfare may initiate an inspection. Any inspection that is conducted by the department shall be conducted during the hours of eight o’clock a.m. (8:00 a.m.) through five o’clock p.m. (5:00 p.m.), unless the person who is the subject of the complaint agrees to an inspection at another time; and
   3. Required to be compliant with the department’s rules and regulations governing animal care facilities, RICR 250-RICR-40-05-4 , §§ 4.7 and 4.8.A.1 through 8 (excluding the sanitation log requirements of § 4.8.A.3). Any inspection conducted by an authorized agent of the department shall be limited to the aforementioned sections and shall be limited to areas to which the animals being cared for have access. Any violations of these sections are punishable in accordance with § 4.12 of the rules and regulations governing animal care facilities and any appeal for any enforcement action shall be made in accordance with § 4.11.B of those rules and regulations; and
   4. Any person who is subject to inspection pursuant to the conditions set forth in subsection (c)(2), but who denies access to authorized inspectors from the department, is subject to a civil fine of three hundred fifty dollars ($350). Each day that access is denied shall constitute a separate punishable offense.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2004, ch. 595, art. 33, § 4; P.L. 2018, ch. 81, § 1; P.L. 2018, ch. 91, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-7. Dealer licenses.

No person shall operate as a dealer, as defined in this chapter, after the first day of the fiscal year unless a license to deal has been granted by the director to that person. Application for the license shall be made in the manner provided by the director. The license period is the fiscal year and the license fee is one hundred dollars ($100) for each license period or part thereof beginning with the first day of the fiscal year.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-8. Denial of certificates of registration or licenses.

1. A certificate of registration may be denied to any pound or animal shelter, rescue, or broker, and a license may be denied to any public auction, kennel, breeder, pet shop, trainer, or dealer or, if granted, the certificate or license may be revoked by the director if, after a hearing, it is determined that the housing facilities and/or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or with the intent of the rules and regulations that may be promulgated pursuant to the authority of this chapter.
2. Upon revocation of a certificate of registration, all animals in the possession of the pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency for disposition.
3. Upon the revocation of a license, all animals in the possession of the public auction, kennel, pet shop, breeder, trainer, or dealer must be disposed of by the former licensee in a manner approved by the department. Such disposition must not be for profit and must occur in a timeframe that is determined by the department. Inspectors from the department or from the Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility where the animals being housed by the former licensee are being held until disposition so that the welfare of said animals can be assured.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2017, ch. 447, § 1; P.L. 2017, ch. 475, §; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1; P.L. 2019, ch. 182, § 1; P.L. 2019, ch. 252, § 1.

4-19-9. Operation as a pet shop, kennel, breeder or public auction without a license.

Any person who operates as a pet shop, kennel, breeder, or public auction without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be punished pursuant to § 4-19-11.3 . Each day of operation shall constitute a separate offense. Advertisement of services consistent with the operation of a pet shop, kennel, breeder, or public auction shall be sufficient evidence of operation of a pet shop, kennel, breeder, or public auction as applicable.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2017, ch. 447, § 1; P.L. 2017, ch. 475, § 1; P.L. 2018, ch. 346, § 16.

4-19-10. Dealing in animals without a license.

Any person who operates as a dealer of animals, as defined in this chapter, without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be punished pursuant to § 4-19-11.3 . Each day of operation shall constitute a separate offense.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-11. Mistreatment of animals.

Failure of any person, firm, or corporation, licensed or registered, under the provisions of this chapter, to adequately house, feed, and water animals in his or her possession or custody, as delineated in any rules and regulations promulgated under the authority of this chapter, shall constitute a misdemeanor, and the person, firm, or corporation shall be subject to a fine of not more than one hundred dollars ($100) per animal; and forfeiture of the animal(s); and revocation of license and/or certificate after a public hearing. Any animals that are suspected of being mistreated may be seized by the state veterinarian to ensure adequate welfare pursuant to § 4-1-31(f) with the cost of care for the aforementioned animals to be determined in the manner prescribed by that section.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1.

4-19-11.1. Repealed.

History of Section. P.L. 1982, ch. 340, § 1; P.L. 1984, ch. 164, § 2; P.L. 2001, ch. 195, § 1; P.L. 2001, ch. 278, § 1; Repealed by P.L. 2005, ch. 256, § 1; P.L. 2005, ch. 262, § 1, effective July 13, 2005.

4-19-11.2. Destruction of animals — Reporting.

All licensed releasing agencies are required to notify the department of environmental management monthly of the number of animals destroyed while those animals are in their care and custody.

History of Section. P.L. 1990, ch. 42, § 1; P.L. 1994, ch. 231, § 2; P.L. 1994, ch. 420, § 1; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1.

4-19-11.3. Penalty for violations.

Any person, firm, or corporation who or that violates any provision of this chapter, unless the penalty is otherwise stated in a specific subsection, is subject upon conviction, plea of guilty, or plea of nolo contendere to a fine of five hundred dollars ($500) for the first offense and not to exceed one thousand dollars ($1,000) for the second and subsequent offense and loss of animal(s) and revocation of license and/or certificate after a public hearing.

History of Section. P.L. 1994, ch. 231, § 3; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1.

4-19-12. Disposition of animals.

1. Notwithstanding any provision of the general or public laws to the contrary, it shall be unlawful to dispose of any animal by using a carbon monoxide chamber or gas chamber. All animals that must be disposed of by a municipal pound or shelter, the humane society, an animal shelter, rescue, pet shop, breeder, kennel, or any other entity that is required to be licensed or registered under this chapter must be disposed of by lethal injection. In the event of an emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion of the animal-control officer, animal-control administrator, approved humane investigator, animal shelter employee, or agent of any other entity so required to be licensed under the provisions of this chapter, the animal is so severely injured, diseased, or suffering in such a manner the animal cannot otherwise be humanely destroyed in an expeditious manner, the animal may be destroyed by shooting; provided, that:
   1. Maximum precaution is taken to minimize the animal’s suffering and to protect other persons and animals;
   2. The animal is restrained in a humane manner;
   3. Shooting is performed by highly skilled and trained personnel utilizing a weapon, ammunition of suitable caliber, and other characteristics, and proper placement of the shot to produce an instantaneous death by a single gunshot.
2. 1. No dog officer shall give or sell, or negotiate for the gift or sale, to a dealer or research facility of any animal that may come into his or her custody in the course of carrying out his or her official assignments.
   2. No dog officer shall be granted a dealer’s license. Each application for a dealer’s license shall include a statement made under oath, that neither the applicant, nor any member or employee of the firm, partnership, or corporation making application, is a dog officer within the meaning of this chapter.
   3. A dog officer, or other licensed releasing agency, upon taking custody of any animal in the course of his, her, or its official duties, shall immediately make a record of the matter in the manner prescribed by the director and the record shall include a description of the animal, including: color, breed, sex, reason for seizure, location of seizure, the owner’s name and address if known, and all license or other identification numbers if any. Complete information relating to the disposition of the animal, including compliance with the provisions of §§ 4-19-16 and 4-19-18 and any legal actions taken to uphold and enforce this law, shall be added in the manner provided by the director immediately after disposition. The information shall be forwarded monthly to the department of environmental management.
3. This section shall not apply to any research laboratories or facilities of any hospital, college, or university within the state.

If any type of restraint or confinement is deemed necessary for the safety of those involved, or for efficiency in euthanizing the animal, it must be done in the most humane way possible to cause the least amount of additional stress to that animal.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 420, § 1; P.L. 2000, ch. 162, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2005, ch. 256, § 2; P.L. 2005, ch. 262, § 2; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2017, ch. 447, § 1; P.L. 2017, ch. 475, § 1.

4-19-12.1. Public health exemptions.

Destruction of animals using gas shall be permitted only by state agencies for the protection of public health. In addition, companies permitted by the department of environmental management pursuant to § 20-1-18 shall also be exempt from this ban on the use of gas.

History of Section. P.L. 2005, ch. 256, § 4; P.L. 2005, ch. 262, § 4.

4-19-13. Rules and regulations.

The director may, as he or she deems indicated and appropriate, promulgate rules and regulations consistent with the objectives and intent of this chapter for the purpose of carrying out those objectives and intent. Those rules and regulations may include, but are not limited to, provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals handled, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, adequate veterinary medical care, disposition and voluntary surrender of animals at shelters with and without a request for disposition or destruction of the animal. He or she may, at his or her discretion, after public hearing, adopt in whole or in part, those portions of the rules and regulations promulgated by the secretary of the United States department of agriculture pursuant to the provisions of the animal welfare act, 7 U.S.C. § 2131 et seq., which are consistent with the intent and purpose of this chapter.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 2000, ch. 483, § 1.

4-19-14. Chapter inapplicable.

This chapter does not apply to a place or establishment which is operated under the immediate supervision of a duly licensed veterinarian as a hospital where animals are harbored, boarded and cared for incidental to the treatment, prevention, or alleviation of disease processes during the routine practice of the profession of veterinary medicine except that, if animals are accepted by that place, establishment or hospital for the primary purpose of boarding in return for a fee, the place, establishment or hospital is subject to the kennel license provisions of this chapter and the regulations relating to the license which may be promulgated by the director. This chapter shall not apply to any dealer or research facility during the period that the dealer or research facility is in the possession of a valid license or registration granted by the secretary of agriculture pursuant to 7 U.S.C. § 2131 et seq. This chapter shall not apply to breeders, nor to hobby breeders.

History of Section. P.L. 1972, ch. 46, § 1.

4-19-15. Access of inspectors to property.

Any authorized representative of the director, and the general agent of the Rhode Island society for the prevention of cruelty to animals, has the power to enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the provisions of this chapter.

History of Section. P.L. 1972, ch. 46, § 1.

4-19-16. Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.

1. 1. No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer, with or without a fee, any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered in accordance with subsections (a)(2) and (a)(3).
   2. The licensed releasing agency is authorized to enter into a written adoption agreement with the adopting party provided that at the time of execution of the written agreement, the licensed releasing agency collect from the adopting party an amount equal to the cost to the licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written agreement must include the dog or cat’s age, sex, and general description; the date the adoption agreement was executed; the date by which the licensed releasing agency anticipates that the dog or cat will be spayed or neutered; the date by which the adoptive party shall claim the dog or cat; the adopting party’s name, address, phone number, and signature; the licensed releasing agency’s name, address, phone number, and the dollar amount remitted to the licensed releasing agency for the cost of spaying or neutering the dog or cat.
   3. After execution of the agreement, the licensed releasing agency shall cause the dog or cat to be spayed or neutered and, when medically fit, shall transfer custody of the dog or cat to the adopting party. Any dog or cat that is not claimed by the adoptive party within ten (10) days of the date enumerated in the written adoption agreement shall be considered unclaimed and may be offered for adoption to another party.
2. The following are exemptions from the provisions of subsection (a):
   1. A licensed releasing agency returns a stray dog or cat to its owner.
   2. A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.
   3. A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon resolution of the temporary health condition or the animal reaching maturity and shall collect from the adopting party an amount equal to the cost to the licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the licensed releasing agency for spaying or neutering upon resolution of the temporary health condition or the animal reaching sexual maturity. The licensed releasing agency may grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian’s report.
   4. A licensed releasing agency transfers a dog or cat to another licensed releasing agency.
3. If requested to do so, a licensed releasing agency shall refund fees collected for the purpose of spaying or neutering the dog or cat to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the spaying or neutering was required to be completed.
4. Any and all licensed releasing agencies:
   1. May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and
   2. Shall make a good faith effort to cause an adopting party to comply with this section.

History of Section. P.L. 1993, ch. 24, § 2; P.L. 1995, ch. 260, § 1; P.L. 2013, ch. 312, § 1; P.L. 2013, ch. 417, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-17. Forfeited fees.

Upon request, the adoptive party shall receive a refund for the fee collected by the licensed releasing agency under the provisions of subsection 4-19-16(a) provided that the licensed releasing agency has not caused the dog or cat to be spayed or neutered at the time the request for such refund is made.

History of Section. P.L. 1993, ch. 24, § 2; P.L. 1995, ch. 260, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2013, ch. 312, § 1; P.L. 2013, ch. 417, § 1.

4-19-18. Penalties for violations.

1. Violations of the provisions of § 4-19-16 or the written agreement executed pursuant to § 4-19-16 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Each and every incidence of non-compliance by an adopting party which continues unremedied for thirty (30) days after written notice of a violation under this section constitutes a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the licensed releasing agency from which it was adopted, which licensed releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the licensed releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat’s maintenance. The provisions of §§ 4-19-16 — 4-19-18 will be enforced against an adopting party by a dog officer or a police officer for the city or town in which the adopting party resides. Licensed releasing agencies must notify the animal control officer or police officer in the city or town in which the adopting party resides, in writing, within fourteen (14) days of any violation of the provisions of § 4-19-16.
2. Violations of § 4-19-16 or 4-19-17 by a licensed releasing agency are punishable by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars ($250) for the second offense and five hundred dollars ($500) for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the licensed releasing agency’s license to operate. Compliance by the releasing agency with §§ 4-19-16 — 4-19-18 will be monitored as to the licensed releasing agencies by the state veterinarian. The provisions of §§ 4-19-16 — 4-19-18 will be enforced against a licensed releasing agency by the division of law enforcement of the department of environmental management.
3. All fines collected under subsection (a) will be remitted to the town or city clerk of the municipality where the adopting party of the dog or cat resides. These fines shall be used by the municipality only for programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) will be remitted to the general treasurer and placed in a separate fund within the general fund to be called the “Animal Health Fund” which shall be administered by the general treasurer in the same manner as the general fund. All funds deposited in the “Animal Health Fund” shall be made available to the department of environmental management division of agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement of §§ 4-19-16 , 4-19-17 and 4-19-18 .

History of Section. P.L. 1993, ch. 24, § 2; P.L. 1995, ch. 260, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2013, ch. 312, § 1; P.L. 2013, ch. 417, § 1.

4-19-19. Adoption of municipal ordinances.

No provision of this chapter prohibits any city or town from adopting any provision of this chapter as a municipal ordinance.

History of Section. P.L. 1993, ch. 24, § 2.

4-19-20. Severability.

If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, the remainder of the chapter and the application of any provision to persons or circumstances other than those as to which it is held invalid shall not be affected by this invalidity.

History of Section. P.L. 1972, ch. 46, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.

4-19-21. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-19-2 .

History of Section. P.L. 2001, ch. 72, § 11.

4-19-22. Animal control officers.

1. Effective January 1, 2019, no municipality shall employ any animal control officer who has not received certification to be an animal control officer from the National Animal Care & Control Association (NACA) or other equivalent organization as determined by the Rhode Island Society for the Prevention of Cruelty to Animals. All new hires will have a period of twelve (12) months from date of hire to receive certification. All existing personnel employed as animal control officers shall obtain their certification by January 1, 2019.
2. The training and certification program required by subsection (a) of this section shall incorporate instruction that shall meet NACA guidelines for certification, including, but not limited to, the following criteria:
   1. Laws and regulations affecting animal control, animal welfare, and animal cruelty;
   2. Domestic and wild animal behavior;
   3. Handling and treatment of deceased or stray animals; and
   4. Emergency procedures and conflict resolution skills.

History of Section. P.L. 2017, ch. 118, § 1; P.L. 2017, ch. 144, § 1.

4-20-1. Purpose.

The purpose of this chapter is to establish guidelines and criteria for rodeo and rodeo related activities relative to humane treatment of rodeo animals and rodeo livestock in the state.

History of Section. P.L. 1988, ch. 661, § 1.

4-20-2. Notification requirements.

No person, firm, corporation, or association shall conduct or promote any rodeo without first having notified in writing the animal control officer of the city or town in which this event is to take place. The notification shall include the dates and times of this event and the identity of the person who has charge of this event.

History of Section. P.L. 1988, ch. 661, § 1; P.L. 1989, ch. 245, § 1.

4-20-3. Presence of veterinarian required.

No person, firm, corporation, or association shall conduct or promote any rodeo without requiring the presence of a veterinarian licensed to practice in Rhode Island during the time that this event is taking place. The veterinarian employed shall be one who has had experience in the treatment of large animal life for a period of not less than two (2) years. All expenses incurred for the presence of and services rendered by the veterinarian employed shall be the responsibility of the promoter of the event.

History of Section. P.L. 1988, ch. 661, § 1; P.L. 1989, ch. 245, § 1.

4-20-4. Rodeo events.

Rodeo events involving animals/livestock shall be limited to bareback riding, saddle bronk riding, bull riding, calf roping, as provided in § 4-20-7 , breakaway calf-roping, steer wrestling, team riding, barrel racing, team roping, wild horse racing, chuckwagon racing, quarter horse races, mounted flag races, trail riding events, obstacle course and pole bending events. This shall include any nonpublic practice or point gathering events which are conducted prior to or subsequent to any public performances.

History of Section. P.L. 1988, ch. 661, § 1; P.L. 1989, ch. 245, § 1.

4-20-5. Duties of veterinarian in charge.

The appointed veterinarian, once appointed to oversee any rodeo, shall have access to the complete site of any activity involving animals to be employed in the event. The veterinarian shall have complete authority over the treatment and use of any animal that becomes injured in this event. The veterinarian shall have the right to declare any animal unfit for use in any such event and his or her decision shall be final after that decision has been communicated to the person in charge, as communicated to the animal control officer in § 4-20-2 .

History of Section. P.L. 1989, ch. 245, § 2; P.L. 2016, ch. 512, art. 2, § 49.

4-20-6. Presence required during any event.

The person in charge, as communicated to the animal control officer in accordance with § 4-20-1 , is required to be present and available for communication while the event is taking place. In the event that the person in charge, as communicated in accordance with § 4-20-1 , is unable to be present, he or she shall notify the appointed veterinarian and the animal control officer of the city or town in which the event is taking place and make known to them the name of the person who will replace him or her as the person in charge.

History of Section. P.L. 1989, ch. 245, § 2.

4-20-7. Limitations.

The roping of any calf in any rodeo is limited to breakaway calf roping, where the calf is released immediately after it is roped without the animal being subjected to a sudden stop or fall.

History of Section. P.L. 1989, ch. 245, § 2.

4-20-8. Participation.

No person shall participate in any rodeo activity who has been convicted of cruelty to animals while participating in any rodeo.

History of Section. P.L. 1989, ch. 245, § 2.

4-20-9. Penalties for violations.

Whoever violates any provision of this chapter, shall, for each offense be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

History of Section. P.L. 1989, ch. 245, § 2.

4-21-1. Definitions.

For the purpose of this chapter, the following words or phrases shall have the following meanings:

1. “Engages in an equine activity” means riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity, or any person assisting a participant or show management. The term “engages in an equine activity” does not include being a spectator at an equine activity, except in cases where the spectator knowingly places himself in a restricted area.
2. “Equine” means a horse, pony, mule, or donkey.
3. “Equine activity” means:
   1. Equine shows, fairs, competitions, or performances that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting;
   2. Equine training or teaching activities, or both;
   3. Boarding equines, including their normal daily care;
   4. Riding, inspecting, or evaluating by a purchaser or an agent an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;
   5. Rides, trips, hunts or other equine activities of any type, however informal or impromptu, that are sponsored by an equine activity sponsor;
   6. Placing or replacing horseshoes or hoof trimming on an equine; and
   7. Providing or assisting in veterinary treatment.
4. “Equine activity sponsor” means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or not for profit, which sponsors, organizes, or provides the facilities for an equine activity, including but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, stable and farm owners and operators, instructors, and promoters or equine facilities, including but not limited to farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.
5. “Equine professional” means a person engaged for compensation to:
   1. Instruct a participant or rent to a participant an equine for the purpose of riding, driving or being a passenger upon the equine;
   2. Rent equipment or tack to a participant;
   3. Provide daily care of horses boarded at an equine facility; or
   4. Train an equine.
6. “Inherent risks of equine activities” means those dangers or conditions which are an integral part of equine activities, including but not limited to:
   1. The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them;
   2. The unpredictability of an equine’s reaction to things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
   3. Collisions with other equines or objects; or
   4. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the equine or not acting within his or her ability.
7. “Participant” means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

History of Section. P.L. 1993, ch. 357, § 1.

4-21-2. General provisions.

Except as provided in § 4-21-3 , an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities unless the equine activity sponsor, professional or other person are demonstrated to have failed to exercise due care under the circumstances towards the participant and, except as provided in § 4-21-3 , no participant nor any participant’s representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities unless this equine activity sponsor, professional or other person shall be demonstrated to have failed to exercise due care under the circumstances towards the participant.

History of Section. P.L. 1993, ch. 357, § 1.

4-21-3. Exceptions.

1. This chapter does not apply to horse racing meetings to which chapter 3 of title 41 is applicable.
2. Nothing in § 4-21-2 prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
   1. (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or
   2. Owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land, or facilities upon which the participant sustained injuries because of a dangerous condition which was known or should have been known to the equine activity sponsor, equine professional, or person;
   3. Commits an act of omission that constitutes willful or wanton disregard for the safety of the participant, and that act of omission caused the injury; or
   4. Intentionally injures the participant.

(B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the particular equine based on the participant’s representations of his or her ability;

History of Section. P.L. 1993, ch. 357, § 1.

4-21-4. Posting and notification.

1. Every equine professional shall post and maintain signs which contain the warning notice specified in subsection (b). These signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s business, shall contain in clearly readable print the warning notice specified in subsection (b).
2. The signs and contracts described in subsection (a) shall contain the following warning notice:

WARNING

Under Rhode Island Law, an equine professional, unless he or she can be shown to have failed to be in the exercise of due care, is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to this chapter.

History of Section. P.L. 1993, ch. 357, § 1.

4-22-1. Findings and purpose.

The state finds that a cat identification program, which would require an owner of a cat to maintain an identification for the cat, would serve the following public purposes:

1. Cat identification would provide cats protection under the law, equal to that afforded dogs, by establishing ownership which, in turn, would encourage cat owners to take full responsibility for their pets’ welfare.
2. Cat identification would protect cats, as dogs are now protected, by establishing minimum holding periods for cats released to and/or impounded by municipal animal control facilities and private animal shelters.
3. A program to require cat identification should facilitate the return of lost, owned cats.
4. Cat identification would provide a method to help distinguish between owned and unowned cat populations thus assisting animal control officers and animal shelters in carrying out their mission.
5. Cat identification would advance the reduction of the untold suffering of cats at-large in our state by helping to insure the quick return of injured and sick animals to their owners.
6. Passage of this bill would reduce the number of unowned cats and increase education to owners as to the need for sterilization of cats, thereby reducing unwanted litters, eliminating cat over-population problems, and reducing the costs to cities and towns for euthanizing at-large or unowned cats.
7. Cat identification would help support public health and safety in the control of rabies.

The purpose of this chapter, therefore, is to establish a cat identification program, which would require that an owner of a cat maintain an identification for the cat. These measures will also reduce the spread of rabies.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-2. Definitions.

For the purposes of this chapter:

1. “At-large” means: (1) On the premises of a person other than an owner of the cat, without the consent of an occupant or owner of such premises, or (2) on a public street or highway, on public or private school grounds, or in any other public place, except when under the physical control of an owner.
2. “Feral cat” means any wild, unsocialized or untamed cat.
3. “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.
4. “Identification” means: a traceable form of identification such as (1) a collar and a flat or hanging tag worn by a cat which includes the current name, address and telephone number of the owner, or (2) a rabies vaccination tax, or (3) an ear tag issued by a licensed veterinarian or by a licensed animal shelter or licensed municipal pound, or (4) a registered microchip which is used in conjunction with a visible collar and tag or in conjunction with a faceted, reflective ear stud, or (5) a tag from a licensed animal shelter or licensed municipal pound, or (6) a tattoo registered with the National Dog Registry or other similar national tattoo service, or (7) a cat license issued by a Rhode Island city or town, or (8) a collar incorporating embroidery as a type of information labeling rather than a hanging or flat tag or (9) in the case of feral cats, a tipped or notched ear in conjunction with a microchip or any of the above other forms of identification. The intent is to allow flexibility in the types of identification available for cats and to incorporate other types of cat identification in the future as they are developed.
5. “Impounded cat” means any cat released to or under the custody of or control of a licensed animal shelter or licensed municipal pound.
6. “Owner” means (1) any person who keeps, has permanent custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for a cat or who permits a cat to habitually be or remain on or be lodged or fed within such person’s property or premises, and (2) any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership unless ownership of the cat by another party is established.
7. “Person” means an individual, firm, jointstock company, partnership, association, private, or municipal corporation, state, commission, political subdivision, a state, any interstate body or the federal government or any agency or subdivision thereof.
8. “Roaming cat” means any homeless socialized cat or any stray socialized cat.

History of Section. P.L. 1999, ch. 291, § 1; P.L. 2001, ch. 72, § 12.

4-22-3. Required cat identification.

It shall be unlawful for any person to be an owner of a cat over three months of age unless the person maintains an identification worn by the cat at all times.

The identification provisions in this law are not applicable to the following:

1. A cat brought into the state exclusively for the purpose of entering them in a cat show or cat exhibition or for breeding purposes and which does not remain in this state for more than fifteen (15) days and which is not allowed to be at large.
2. A cat owned by any person who is not a resident of the state and is traveling through the state temporarily and for a period not to exceed thirty (30) days.
3. A cat temporarily kept by a licensed veterinarian, a licensed kennel, or a licensed animal shelter or a licensed municipal pound who maintain on their premises cats owned by others.
4. A cat temporarily kept by owners of a licensed pet shop for purposes of sale or by a licensed animal shelter or a licensed municipal pound for purposes of adoption.
5. A cat kept exclusively indoors or confined in outdoor areas and maintained for pedigreed cat breeding and stud purposes.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-4. Removal of cat identification.

It shall be unlawful for any person other than an animal control officer, a licensed veterinarian, an employee of a licensed animal shelter, an employee of a licensed municipal pound, or a person authorized by an animal control officer to remove any identification from any cat not owned by the person.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-5. Holding at-large or impounded cats.

1. In the case of any at-large or roaming or feral cat released to or impounded in a licensed animal shelter or licensed municipal pound wearing any form of identification specified in the definitions section the animal shelter or pound shall make a reasonable attempt to notify the owner by telephone, or by sending written notice to the owner. The at-large or roaming or feral cat shall be held by the animal shelter or pound for not less than five days, after which time the animal shelter or pound may offer the cat for adoption, sale or otherwise dispose of the cat, if not sooner recovered by the owner. The five days shall not include any day or part thereof that the public pound or animal shelter is not open for a specified period of time, not to be less than one-half the normal hours of business. An owner wishing to recover the cat shall pay the reasonable and customary daily impoundment fees and other associated fees for each full day, or fraction thereof, that the cat is held by the animal shelter or pound. The provisions of this section relating to the five (5) day holding period shall not be deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.
2. In the case of any at-large or roaming or feral cat released to or impounded in a licensed animal shelter or licensed municipal pound not wearing any form of identification as specified in the definitions section, the animal shelter or pound shall hold the at-large or roaming or feral cat for not less than two (2) days, after which time the animal shelter or pound may offer the cat for adoption, sale or otherwise dispose of the cat, if not sooner recovered by a person claiming ownership. The two (2) days shall not include any day or part thereof that the public pound or animal shelter is not open for a specified period of time, not to be less than one-half the normal hours of business. The owner or keeper of any cat so impounded shall pay the reasonable and customary daily impoundment fees and other associated fees for each full day, or fraction thereof, that the cat is held at the animal shelter or pound. The provisions of this section relating to the two (2) day holding period shall not be deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.
3. If an at-large or roaming or feral cat without identification released to or impounded in a licensed animal shelter or a licensed municipal pound is dangerous and presents a danger to the safety of shelter personnel, the cat may be euthanized prior to the expiration of its holding period at the discretion of an animal control officer, a licensed veterinarian or the shelter management.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-6. Enforcement.

An impounded at-large, roaming, or feral cat not wearing any identification may not be released to the owner of the cat until the owner complies with the identification requirements of this article.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-7. Violations.

Any animal control officer, and his agents, may issue to any person in violation of this section a notice of violation. Persons who violate any provision of this section shall be subject to a fine as defined under § 4-13-1 per violation per animal. Each and every incidence which goes unremedied for thirty (30) days after written notice of violation hereunder shall constitute a subsequent offense and subsequent fines will apply.

All fines collected under this section will be remitted to the town clerk or city clerk of the municipality where the violation was issued. Such fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to house and care for cats.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-8. Authorization to impound cats.

Animal control officers and their agents are authorized and empowered to impound any roaming or feral cat at-large and to dispose of the same pursuant to the provisions of § 4-19-12 . Licensed animal shelters are authorized to accept any roaming or feral cat released to them for impoundment and to dispose of the same pursuant to the provisions of § 4-19-12 .

History of Section. P.L. 1999, ch. 291, § 1.

4-22-9. Adoption of municipal ordinance.

No provision of this chapter shall prohibit any city or town from adopting any provision of this chapter as a municipal ordinance.

History of Section. P.L. 1999, ch. 291, § 1.

4-22-10. Use of the terms owner or guardian.

Wherever the word “owner” shall appear in this chapter it shall also mean and may be interchanged with the word “guardian” as defined in § 4-22-2 .

History of Section. P.L. 2001, ch. 72, § 13.

4-23-1. Trust for care of animals.

1. A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor’s lifetime upon the death of the last surviving animal.
2. Except as provided in this section, the provisions of the general laws which govern the creation and administration of express trusts applies to the trust for the care of an animal.
3. A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove the appointed person. The appointed person shall have the rights of a trust beneficiary for the purpose of enforcing the trust, including receiving accountings, notices, and other information from the trustee and providing consents.
4. Property of a trust appointed by this person may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Property not required for the intended use, including the trust property remaining upon its termination, shall be distributed in the following order of priority:
   1. As directed by the terms of the trust;
   2. To the settlor, if then living;
   3. Pursuant to the residuary clause of the settlor’s will;
   4. To the settlor’s heirs in accordance with the Rhode Island general laws on descent and distribution.
5. A governing instrument shall be liberally construed in order to presume against the merely precatory or honorary nature of the disposition and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor’s intent.
6. If a trustee is not designated or designated trustee is not willing or able to serve, the probate court shall name a trustee; a court may order the transfer of the property to another trustee, if the court makes a factual finding that it is necessary to assure the intended use is carried out and if a successor trustee is not designated in the trust instrument or if a designated trustee does not agree to serve or is unable to serve.

History of Section. P.L. 2005, ch. 388, § 1.

4-24-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island Permit Program for Cats.”

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-2. Legislative findings.

The general assembly hereby finds and declares that:

1. An unacceptable number of healthy, but abandoned cats are euthanized annually in Rhode Island.
2. Due to the large number of stray and abandoned cats, euthanasia is not a cost effective, acceptable or ethical solution to the threats to public health and safety posed by large populations of stray, feral or homeless cats.
3. Stray and abandoned pets, specifically cats, create numerous public health and safety problems, including transmission of disease and traffic hazards created by cats running loose on public streets.
4. A permit system for breeding of cats owned or harbored in the state, combined with a program for spaying/neutering, is a reasonable and effective means of reducing the population of abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats, except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior.

The general assembly therefor finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering cats unless appropriate permits are acquired. The provisions of this chapter shall be in addition to the cat registration or identifying program requirements set forth in this title.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-3. Spaying and neutering.

1. No person, as defined by § 4-19-2 , shall own or harbor, within the state, any cat over the age of six (6) months which has not been spayed or neutered, unless such person has adopted a cat from a licensed releasing agency as defined by § 4-19-2 and is subject to the spaying and neutering requirements of § 4-19-16 or holds either a license to keep an unaltered cat, or a license and permit for breeding cats issued by the animal control officer for the city or town in which they live, or unless the caretaker states that, due to age, health or illness it would be inappropriate to spay or neuter the cat and having in their possession a letter from a licensed veterinarian stating such, which shall be provided to the animal control officer.
2. An “intact” permit shall be issued for an unaltered cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit. An “intact” permit may be issued by the animal control officer to an individual who refuses to spay or neuter their cat. The fee for such a permit shall be one hundred dollars ($100) per year. All funds from “intact” permits shall be deposited in the city or town’s spay/neuter account.
3. Any person providing care or sustenance for an uninterrupted period of sixty (60) days or longer shall be deemed the owner of such animal and shall adhere to the provisions of this chapter. Provided, further, that cities and towns may, by ordinance, require a permit of persons who provide care or sustenance for colony(s) of feral cats.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-4. Breeding permits.

1. No person shall cause or allow any cat owned or harbored in the city or town in which they live to breed without first obtaining a breeding permit under this section.
2. Each city or town animal control officer shall administer a permit program to allow the breeding of cats consistent with criteria and according to procedures contained in the city or town ordinances; provided, however, that where city’s or town’s have ordinances, specifically prohibiting the breeding of cats it shall be the city’s or town’s ordinances that shall govern with respect to that subsection or provision only.
3. Each applicant who is issued a permit to breed cats under this section shall pay an annual breeding permit fee of one hundred dollars ($100) per cat.
4. No person shall cause or allow the breeding of a male or female cat without first obtaining a breeding permit issued by the animal control officer. Breeding permits shall be valid for twelve (12) months, renewable on an annual basis for a fee of one hundred dollars ($100) per cat. Herein, all breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:
   1. No offspring may be sold or adopted and permanently placed until reaching an age of at least eight (8) weeks;
   2. No offspring may be sold or adopted until immunized against common diseases as determined by the director of environmental management in accordance with chapter 4 of this title to be contagious or injurious to public health or to the health of other animals;
   3. Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. The permit number must be provided to any person adopting or purchasing any animal bred by the permit holder; and
   4. The breeding permit holder shall adhere to minimum standards regarding the care and keeping of animals pursuant to chapter 19 of this title.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-5. Sale or adoption of cats.

1. Any person or licensed business who provides or offers to the public, whether or not for compensation, any pet or pet related goods, where they are the primary products, or pet services shall provide to their clients, at no charge, information relating to pet care and ownership, including information on city and town laws pertaining to animal control.
2. Any person offering cats for sale or adoption shall disclose to any purchaser or adoptive owner, information regarding the licensing or permit requirements of the city or town in which they reside applicable to the animal.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-6. Revocation of permit.

1. Any permit issued may be revoked if the animal control officer has reasonable cause to believe any of the following to be true:
   1. The permittee has violated the provisions of chapter 19 of this title or any other state or local ordinances relating to the keeping, care or use of any animal;
   2. The permittee is in violation of any state health or safety law or regulation regarding animal care or control;
   3. The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this section;
   4. The permittee refuses to allow inspection, upon forty-eight (48) hours of written notice, of any cat covered by the permit or the premises on which the animal is kept; or
   5. The permittee has transferred, sold or otherwise disposed of the cat for which the permit was issued.
2. If, after investigation, the animal control officer concludes that it is probable that one or more of the above grounds for revocation has occurred, he or she shall cause written notice thereof to be transmitted by mail to the address of the permittee. The notice shall specify the grounds of possible revocation of the permit, and shall specify a date and time for an informal hearing to be held before the animal control officer. The date shall be not less than five (5) days subsequent to the date the notice is mailed. After the informal hearing, the animal control officer may modify the terms of the permit or revoke the permit. Provided, further, that if the health or well-being of the animal is in danger the animal control officer of that city or town may take custody and control of the animal until such time that a hearing is conducted pursuant to this subsection.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-7. Farmland exemption.

Farmland defined as any tract or tracts of land, including woodland and wasteland constituting a farm unit which is actively devoted to agricultural or horticultural use including, but not limited to: forages and sod crops; grains and feed crops; fruits and vegetables; poultry, dairy, and other livestock and their products; nursery, floral and greenhouse products; and any other food or fiber products useful to people; shall be exempt from the provisions of this chapter.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-8. Abandonment of cats.

If any cat is abandoned by their owner or any person having charge or custody of that cat, that person shall, for each offense be punished in the manner provided in § 4-1-2 .

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-9. Canine surcharge.

1. Each city and town is required to collect a one dollar ($1.00) surcharge on each dog license issued by the municipality. The revenue generated by this surcharge shall be deposited in the respective city’s and town’s spay/neuter account to fund low-cost spay/neuter programs.
2. Any remaining revenue collected pursuant to this section which is unused during any calendar year shall remain in said city or towns spay/neuter account for use during the following year.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-10. Penalty for violation.

Any person who violates the permit provisions of this chapter shall have no more than thirty (30) days to have their cat spayed or neutered or provide proof from a licensed veterinarian indicating that arrangements have been made to spay or neuter their cat(s). The animal control officer shall inform persons subject to this law to the availability of reduced cost or free spay/neuter programs available for low income persons and any programs sponsored by local humane organizations offering low cost spaying or neutering. If an animal is not spayed or neutered within thirty (30) days of the notice, he or she shall be subject to a seventy-five dollar ($75.00) fine for each thirty (30) days the animal is not spayed or neutered. Funds generated pursuant to this section shall be deposited in the spay/neuter account of the city or town where the violation occurred to be used to fund low-cost spay/neuter programs in accordance with § 4-24-13 .

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-11. Responsibility for enforcement.

The local animal control officer shall be responsible for the enforcement and administration of this chapter.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-12. Time for compliance.

Persons harboring a cat subject to this chapter on the effective date thereof [June 9, 2006] shall be given one hundred twenty (120) days from the date to comply with the provisions thereof.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-24-13. Low-cost spay/neuter accounts.

1. All revenue generated pursuant to §§ 4-24-9 and 4-24-10 shall be deposited in the respective city and towns spay/neuter accounts. Said funds shall be divided equally with fifty percent (50%) of which to be reserved for the exclusive use of funding a low-cost spay/neuter program for the animals of persons who qualify for one of the following public assistance programs or any other public assistance program as determined by the city or towns animal control officer:
   1. Any program which qualifies as public assistance pursuant to chapter 6 of title 40;
   2. The food stamp program authorized by Title XIII of the federal Food and Agriculture Act of 1977, 7 U.S.C. § 2011 et seq.;
   3. The supplemental security income program authorized by Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.;
   4. The federal Temporary Assistance for Needy Families Act authorized by 42 U.S.C. § 601 et seq.; or
   5. The Medicaid program authorized by Title IX of the federal Social Security Act, 42 U.S.C. § 1381.
2. All remaining funds shall be deposited in the respective city or towns spay/neuter account to fund the spaying and neutering of animals currently residing in the city or towns pound and to fund low-cost spay/neuter programs.

Persons who are eligible for any of the aforementioned programs must provide proof that he or she is an eligible person to the animal control officer of that city or town to qualify for the low-cost spay/neuter provisions of this section.

History of Section. P.L. 2006, ch. 59, § 1; P.L. 2006, ch. 63, § 1.

4-25-1. Definitions.

As used in this chapter:

1. “Clinically ill” means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing of the dog.
2. “Nonelective surgical procedure” means a surgical procedure that is necessary to preserve or restore the health of an animal or to correct a condition that would interfere with the animal’s ability to walk, run, jump or otherwise function in a normal manner.
3. “Purchaser” means any person purchasing a dog from a seller, as defined in this section.
4. “Seller” means any person, business or other entity engaging in the sale of dogs, except that this definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization pursuant to Rhode Island law. Persons selling fewer than twenty (20) dogs or three (3) litters, whichever is greater, in a single calendar year shall be exempt from the provisions of this chapter.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-2. Information at sale provided by seller.

1. Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following information:
   1. The date of the animal’s birth, if known; the breeders name and address, if known; and the date the seller received the animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide the name and address of the person who sold or gave the animal to the seller.
   2. The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any. If the animal is from a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo or collar number for that animal. If the breed is unknown or mixed, the statement must so indicate.
   3. If the animal is being sold as registerable, the names and registration numbers of the sire and dam and the litter number.
   4. A record of any inoculations and worming treatments administered to the animal as of the time of sale including dates of administration and the type of vaccine or worming treatment.
   5. A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession of the seller.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-3. Written disclosure by seller.

1. Upon the sale of a dog, a written disclosure signed and dated by both the seller and purchaser shall be provided and shall include:
   1. A statement by the seller:
      1. That the animal has no known disease or illness nor any congenital or hereditary condition that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of this animal in the future; or
      2. Of any known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of the animal in the future.
         1. The notice shall include the name and telephone number of the veterinarian providing the diagnosis.
         2. At the request of the seller, the purchaser shall take the animal for an examination by a licensed veterinarian of the seller’s choice.
2. The seller must disclose in writing if the animal has not received a veterinary examination prior to sale.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-4. Record keeping.

A seller shall maintain the written record on the health and disposition of each dog sold by the seller for a period of two (2) years following the sale. The record shall also contain all of the information required to be disclosed pursuant to §§ 4-25-2 and 4-25-3 herein. These records shall also be available to animal control and law enforcement officers for inspection and copying within normal business hours.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-5. Purchaser remedies.

1. A purchaser is entitled to relief from the seller after the purchase of a dog if one of the following conditions occurs:
   1. Within twenty (20) days after the purchase of the dog, a licensed veterinarian states in writing that the animal is suffering from or has died from an illness, disease or other defect adversely affecting the animal’s health and that this condition existed in the dog on or before delivery to the purchaser. Intestinal or external parasites shall not be considered to adversely affect an animal’s health unless their presence makes the animal clinically ill.
   2. Within two (2) years after the purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization or nonelective surgical procedures.
2. A purchaser entitled to relief herein may elect only one of the following remedies:
   1. Return the animal to the seller for a full refund of the purchase price and also reimbursement for reasonable veterinarian fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
   2. Exchange the animal for another one which the purchaser may choose having comparable value if a replacement is available and also receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal; or
   3. Retain the animal and also receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
3. For purposes of this section, veterinary fees shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition. The cost of such services shall be comparable to that charged for similar services by other Rhode Island veterinarians. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.
4. Refunds and payment of reimbursable expenses pursuant to this section shall be made by the seller to the purchaser within ten (10) business days following receipt by seller of veterinarians statement as per subsection 4-25-5(a) herein.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-6. Purchaser’s obligations.

In order for the purchaser to obtain remedies as per § 4-25-5 herein he/she shall comply with all of the following requirements:

1. Notify the seller in writing as soon as practicable, but in no event more than ten (10) days after the diagnosis by a licensed veterinarian that the animal has a medical or health problem or congenital or hereditary condition.
2. In the case of illness or disease, the purchaser shall provide a written statement from a licensed veterinarian within ten (10) days of diagnosis which states that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious infectious disease which existed on or before delivery to the purchaser and that adversely affects the health of the animal.
   1. The seller shall pay for the cost of this veterinarian.
   2. In the case of death, the seller may have his or her veterinarian perform a necropsy. The seller will bear the cost.
3. The statement of the veterinarian referred to herein shall include the following:
   1. The purchasers name and address.
   2. The date or dates the animal was examined.
   3. The breed and age of the animal, if known.
   4. That the veterinarian examined the animal.
   5. That the animal has or had an illness or condition subject to a remedy under § 4-25-5 herein.
   6. The findings from the examination or necropsy including, but not limited to, laboratory results and copies of said.
   7. An itemized bill for fees appropriate for the diagnosis and treatment of the illness.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-7. Limitations on remedies.

1. Notwithstanding other provisions herein, no refund, replacement or reimbursement of veterinary fees shall be made if any of the following conditions occur:
   1. The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent to the delivery of the animal to the purchaser.
   2. The purchaser does not carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. If the cost for said treatment together with the veterinarians fee for diagnosis exceeds the purchase price then this section does not apply.
   3. The illness disease or condition was disclosed at the time of sale pursuant to § 4-25-3 but the purchaser took the delivery of the animal anyway.
   4. The purchaser failed to return to the seller all documents previously provided to the purchaser to register the animal.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-8. Contested cases.

1. If the purchaser and seller are unable to reach an agreement within ten (10) business days following an examination of the animal by the seller’s chosen veterinarian, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute.
2. The purchaser in any legal action pursuant to this section shall have the right to collect reasonable attorneys’ fees and court costs if the opposing party acted in bad faith in denying the requested remedy.

History of Section. P.L. 2007, ch. 328, § 1.

4-25-9. Notice.

1. Every seller pursuant to this chapter shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under law and that a written statement of such rights is available upon request. Such notice shall be in one hundred (100) point type and shall read as follows:
2. The required notice at the time of sale must be signed by the purchaser and seller and receipt thereof must be acknowledged.
3. If the seller represents that the animal is registered or registerable with a registry then at the time of sale an additional written notice must be signed by seller and purchaser and must read as follows:
4. The seller shall provide the purchaser with all documents necessary for registration within one hundred twenty (120) days following the date of sale.
5. If the seller fails to provide the documents necessary for registration within one hundred twenty (120) days from sale then the purchaser upon written notice to seller, shall be entitled to retain the animal and receive a partial refund of seventy-five percent (75%) of the purchase price; or the purchaser can return the animal and all documentation and receive a full refund.
6. If the seller misrepresents the breed of the animal then the purchaser is entitled to all remedies herein.

“Purchasers of dogs from this seller are entitled to specific rights under law. Purchasers must be provided a written copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request.”

“A pedigree or a registration does not assure proper breeding condition, health quality or claims to lineage.”

History of Section. P.L. 2007, ch. 328, § 1.

4-25-10. Other remedies.

1. Nothing in this chapter limits any other rights or remedies available to a consumer under law.
2. A seller and purchaser may agree to additional terms and conditions so long as they are not inconsistent with this chapter. The rights referred to in this chapter may not be waived.

History of Section. P.L. 2007, ch. 328, § 1.

4-26-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island Livestock Welfare and Care Standards Advisory Council Act of 2012.”

History of Section. P.L. 2012, ch. 368, § 1; P.L. 2012, ch. 381, § 1.

4-26-2. Findings.

The general assembly hereby finds that:

1. Livestock is the core of dairy and livestock farming in Rhode Island.
2. The care and management of livestock are important to the profitability of Rhode Island farms and the maintenance of Rhode Island’s working landscape.
3. There exists in this state a demand for safe, locally produced food.
4. Livestock raised on Rhode Island farms offers profit potential and economic opportunity for Rhode Island producers.
5. Livestock deserve a safe, healthy and humane environment that ensures protection from unnecessary or unjustifiable pain.
6. The state would benefit from a diverse body charged with making policy recommendations to the department regarding livestock care.
7. It is the intent of this legislation to assure the continued success of livestock and dairy farming in Rhode Island and the continuance of a safe, local food supply.

History of Section. P.L. 2012, ch. 368, § 1; P.L. 2012, ch. 381, § 1.

4-26-3. Definitions.

As used in this chapter, unless the context indicates a different meaning or intent:

1. “Advisory council” or “council” means the Rhode Island livestock welfare and care standards advisory council act of 2012 established pursuant to § 4-26-4 .
2. “Agricultural operation” means any individual, partnership or corporation that complies with § 44-27-3 and subsection 2-1-22(j) and produces and distributes a commercial food, feed, fiber or horticultural product.
3. “Biosecurity” means security from transmission of infectious diseases, parasites and pests.
4. “Director” means the director of the Rhode Island department of environmental management.
5. “License” means the certificate issued by the director to any person, firm, partnership, or corporation regularly engaged in the business of buying, selling and/or transporting livestock to be sold or used for food.
6. “Livestock” means any bovine, equine, caprine, ovine, camelid, swine, poultry, or other animal that is raised for production of food or fiber, or is used for work, commerce, or exhibition.
7. “State veterinarian’ means a licensed veterinarian employed by the department of environmental management.

History of Section. P.L. 2012, ch. 368, § 1; P.L. 2012, ch. 381, § 1.

4-26-4. Advisory council established.

1. There is established a livestock care standards advisory council consisting of the state veterinarian, or his or her designee, who shall serve as the chairperson and six (6) public members appointed by the director as follows:
   1. A representative from the Rhode Island farm bureau, or his or her designee, who shall serve as secretary;
   2. A representative from the Rhode Island society for the prevention of cruelty to animals, or his or her designee;
   3. A Rhode island based livestock farmer, or his or her designee;
   4. A representative from the University of Rhode Island department of environment and life sciences, or his or her designee;
   5. A representative from a Rhode Island nonprofit animal welfare entity, or his or her designee; and
   6. A representative from a national nonprofit animal welfare entity.
2. Two (2) of those new members first appointed by the director shall serve initial terms of three (3) years; two (2) of those new members first appointed by the director shall serve an initial term of two (2) years; and two (2) of those new members, appointed by the director shall serve an initial term of one year. Thereafter, all appointed members of the advisory council shall be appointed to serve for terms of three (3) years. The members are eligible to succeed themselves. A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term.
3. The director may remove any member from the council for neglect of any duty required by law, or for incompetence, or unprofessional or dishonorable conduct.
4. The members of the council shall receive no compensation for their services but may receive reimbursement for travel and other necessary expenses while engaged in the performance of official duties of the council.
5. The council shall meet at least quarterly and at the call of the chairperson or four (4) members of the council. A majority of seats filled shall constitute a quorum.
6. The council shall receive staff and administrative support from the department. The director shall furnish the advisory board a suitable location to hold its meeting.
7. All departments and agencies of the state shall furnish such advice and information, documentation, and otherwise to the council and its agents as is deemed necessary or desirable by the council to facilitate the purposes of this chapter.

History of Section. P.L. 2012, ch. 368, § 1; P.L. 2012, ch. 381, § 1.

4-26-5. Duties of the council.

The council shall support and work collaboratively with the department as follows:

1. Review and evaluate laws and rules of the state applicable to the care and handling of livestock as defined in subdivision 4-26-3(6) including, but not limited to:
   1. The overall health and welfare of livestock species;
   2. Agricultural operation best management practices;
   3. Biosecurity and disease prevention;
   4. Humane transport and slaughter practices; and
   5. Any other matters the council considers necessary for the proper care and well being of livestock animals in the state.
2. Respond to requests from the legislature for information and comments on proposed legislation;
3. Issue recommendations necessary to achieve these goals;
4. Submit policy recommendations to the director and general assembly on any of the subject matter set forth under subdivision (ii) of this subsection.

History of Section. P.L. 2012, ch. 368, § 1; P.L. 2012, ch. 381, § 1; P.L. 2013, ch. 501, § 7.

4-26-6. Reporting requirements.

1. The council shall provide a report of its recommendations and findings. Said report shall be provided to the department, governor and general assembly by April 30, 2013.
2. Thereafter, the council shall provide a written report to the governor and the general assembly, no later than April 30 of each year, on the progress made in achieving the goals and objectives set forth in this chapter and any other pertinent information by April 30, 2013.
3. The council shall be subject to the provisions of chapter 38-2, access to public records act, and chapter 42-46, open meetings act.

History of Section. P.L. 2012, ch. 368, § 1; P.L. 2012, ch. 381, § 1.

4-27-1. Short title.

This act shall be known and may be cited as the “Research Animal Retirement Act.”

History of Section. P.L. 2018, ch. 147, § 1; P.L. 2018, ch. 283, § 1.

4-27-2. Research dogs and cats — Retirement.

1. A higher education research facility that receives public money, including tax-exempt status, or a facility that provides research in collaboration with a higher education facility shall, after the completion of any testing or research involving a dog or cat, assess the health of the dog or cat and determine whether it is suitable for adoption. The facility shall thereafter make reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption, either through private placement or through an animal rescue and shelter organization; a duly incorporated society for the prevention of cruelty to animals; a duly incorporated humane society; or a duly incorporated animal protective association that operates physical animal sheltering facilities and offers household pets to the public for adoption by way of an established adoption program. These efforts shall be made prior to euthanizing the dog or cat. Nothing in this section shall create a duty upon an organization, association, or society to accept a dog or cat offered by a higher education research facility for adoption.
2. A facility that is required to offer dogs or cats for adoption under this section may enter into an agreement with an animal rescue and shelter organization; a duly incorporated society for the prevention of cruelty to animals; a duly incorporated humane society; or a duly incorporated animal protective association that operates physical animal sheltering facilities and offers household pets to the public for adoption by way of an established adoption program.
3. The attending or institutional veterinarian at a facility that is required to offer dogs or cats for adoption under this section shall have the authority to assess the health of an animal and determine whether an animal is suitable for adoption.

History of Section. P.L. 2018, ch. 147, § 1; P.L. 2018, ch. 283, § 1.