Bill Text: HI SB1350 | 2019 | Regular Session | Introduced

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Bill Title: Relating To Animal Fur Products.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2019-01-28 - Referred to CPH, JDC. [SB1350 Detail]

Download: Hawaii-2019-SB1350-Introduced.html

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THE SENATE	S.B. NO.	1350
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to animal fur products.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that historically, animals were hunted and trapped for food, and their pelts were used to provide protective clothing.  Over time, technology has developed making fur less of a necessity and more of a luxury item.  Fur garments are now typically designed for fashion rather than for warmth.  Further, more animals are now killed to make decorative fur trim than to manufacture full fur garments.  Due to serious animal welfare concerns, fur farming bans are being enacted worldwide, with more and more countries phasing out fur farming.

     The legislature further finds that more than one hundred million animals are violently killed for their fur every year.  More than eighty-five per cent of pelts in the world's fur trade comes from fur farms.  The remaining fifteen per cent of pelts are from animals caught in traps in the wild.  Animals that are bred on fur farms commonly include mink, fox, marten, chinchilla, rabbits, and raccoon dogs.

     The legislature additionally finds that in light of the wide array of faux fur and other alternatives for fashion and apparel, the demand for fur products does not justify the unnecessary killing and cruel treatment of animals.  Eliminating the sale of fur products in Hawaii will foster a more humane environment in the State.

     The legislature also finds that fur farming can be damaging to the environment and contributes to water and air pollution.  Fur farming often involves the use of toxic chemicals including chromium and formaldehyde.  In addition, fur farming consumes significant quantities of energy and water.  The amount of energy required to produce a coat made of real fur from ranch-raised animal skins is over fifteen times that needed to produce a fake fur garment.  For each kilogram of factory-farmed mink fur, one hundred ten kilograms of carbon dioxide is produced.

     The legislature further finds that existing laws require relatively little oversight of the fur farming and fur trade industries.  Compliance with guidelines issued by the American Veterinary Medical Association is not mandatory, and fur farms are not monitored by any government agency.  Federal laws do, however, prohibit the import or export of dog or cat fur products into or from the United States, prohibit the introduction of dog or cat fur products into interstate commerce, forbid deceptive labeling of fur products, and require that products made with real animal fur be labeled as such.  These laws provide regulation of some types of fur products and allow consumers to choose whether to purchase real or faux fur garments.

     The purpose of this Act is to prohibit the manufacture or sale of certain animal fur products in the State and the shipment or transport of certain fur products into the State for sale or distribution.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

animal fur products

     §   -1  Definitions.  As used in this chapter:

     "Director" means the director of commerce and consumer affairs or the director's designee.

     "Fur" means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state; provided that "fur" does not include such skins or parts thereof that are converted into leather which in processing will have the hair, fleece, or fur fiber completely removed; cowhide with hair attached thereto; or lambskin or sheepskin with fleece attached thereto.

     "Fur product" means any article of clothing or covering for any part of the body, or any fashion accessory, including but not limited to handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, or home accessories and décor, that is made in whole or in part of fur; provided that "fur product" does not include a dog or cat fur product subject to title 19 United States Code section 1308.

     "Non-profit organization" means any entity organized under title 26 United States Code section 501(c)(3) for charitable, religious, philanthropic, educational, or similar purposes.

     "Used fur product" means a fur product that a person has acquired for the person's own use and subsequently used or worn.

     §   -2  Manufacture of animal fur products prohibited; exemption.  (a)  It shall be unlawful to manufacture fur products in the State.

     (b)  The prohibition in subsection (a) shall not apply to the manufacture of fur products manufactured using fur sourced exclusively from used fur products.

     §   -3  Sale of animal fur products prohibited; exemption.  (a)  It shall be unlawful to sell, offer for sale, display for sale, trade, give, donate, or otherwise distribute a fur product in the State.

     (b)  The prohibition in subsection (a) shall not apply to the sale, offer for sale, display for sale, trade, gift, donation, or other distribution of:

     (1)  Used fur products by a person not normally in the business of selling fur products, non-profit organization, or second hand store including a pawn shop; or

     (2)  Fur products manufactured using fur sourced exclusively from used fur products.

     §   -4  Penalties; administrative fines.  (a)  Any person who violates this chapter or any rule adopted pursuant to this chapter shall receive a citation from the director stating the violation.

     (b)  Each individual fur product violating section    -1 or    -2, on each day that a violation is committed or permitted to continue, shall constitute a separate violation of this chapter.

     (c)  A person who receives a citation from the director shall have twenty-four hours from receipt of the citation, or such greater time as deemed reasonable by the director under the circumstances, to correct or otherwise remedy the violation prior to the imposition of administrative fines.

     (d)  A person who receives a citation from the director and who fails to correct or otherwise remedy the violation shall be fined:

     (1)  Not more than $500 for a first violation;

     (2)  Not more than $750 for a second violation within one year of the date of the first violation; and

     (3)  Not more than $1,000 for each additional violation within one year of the date of a second or subsequent violation.

     (e)  The director may recover any costs and fees, including but not limited to attorney's fees, for specific enforcement actions pursuant to this chapter.

     §   -5  Rules.  The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Animal Fur Products; Manufacture and Sale; Prohibition

 

Description:

Prohibits the manufacture and sale of animal fur products except in certain circumstances.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.