HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
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 animals were historically hunted and trapped for food, and their pelts were used to provide protective clothing. Over time, clothing technology has developed, making fur a luxury item, rather than a necessity. Fur garments are typically designed for fashion rather than for warmth, and more animals are now killed to make decorative fur trim than to manufacture full fur garments. Due to serious animal welfare concerns, more and more countries are phasing out fur farming and enacting fur farming bans.
The legislature recognizes that more than one hundred million animals are violently killed every year solely for their fur. More than eighty-five per cent of pelts in the world's fur trade come from fur farms, while the remaining fifteen per cent of pelts are from animals trapped in the wild. The legislature finds that, especially in light of the wide array of faux fur and other fashion and apparel alternatives, the demand for fur products does not justify the cruel treatment and unnecessary killing of animals. Eliminating the sale of fur products in Hawaii will foster a more humane environment in the State.
The legislature further finds that fur farming can be damaging to the environment and contributes to water and air pollution in multiple ways. Fur farming often involves the use of toxic chemicals, including chromium and formaldehyde, which can seep into ground water and other water sources. For each kilogram of factory-farmed mink fur produced, one hundred and ten kilograms of carbon dioxide are released into the atmosphere. Fur farming also consumes significant quantities of energy and water; producing a real fur garment uses more than fifteen times the energy needed to produce a faux fur garment.
The legislature acknowledges that existing laws provide 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 or inspected by any government agency. Federal laws prohibit the import or export of dog or cat fur products into the Unites States, prohibit the introduction of dog or cat fur products into interstate commerce, forbid deceptive labeling of fur products, and require products made with real fur to be properly labeled. Those requirements allow Hawaii consumers to choose whether to purchase real or faux fur garments.
Accordingly, the purpose of this Act is to prohibit the manufacture for sale, offer for sale, display for sale, sale, trade, or distribution of certain animal fur products in the State.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
ANIMAL FUR PRODUCTS
§ -1 Definitions. As used in this chapter:
"Department" means the department of the attorney general.
"Fur" means any animal skin with hair, fleece, or fur fibers attached, either in its raw or processed state.
"Fur product" means any article of clothing or covering for any part of the body, or any fashion accessory, including handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, or home accessories and decor that is made in whole or in part of fur; provided that "fur product" does not include any of the following:
(1) A dog or cat fur product, as defined in title 19 United States Code section 1308;
(2) An animal skin that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;
(3) Cowhide with the hair attached;
(4) Lambskin or sheepskin with the fleece attached; or
(5) The pelt or skin of any animal that is preserved through taxidermy or for the purposes of taxidermy.
"Nonprofit organization" means any entity organized under title 26 United States Code section 501(c)(3) for charitable, religious, philanthropic, educational, or similar purposes.
"Taxidermy" means the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form.
"Ultimate consumer" means an individual who buys a fur product for the individual's own use, or for the use of another, but not for resale or trade.
"Used fur product" means a fur product that has been worn or used by an ultimate consumer.
§ -2 Manufacture of fur products for sale prohibited; exemption. (a) It shall be unlawful to manufacture fur products in the State for the purpose of sale.
(b) The prohibition in subsection (a) shall not apply to the manufacture for sale of fur products using fur sourced exclusively from used fur products.
§ -3 Sale of fur products prohibited; exemption. (a) It shall be unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration, 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, or other distribution of:
(1) A used fur product by a private party, excluding a retail transaction; a nonprofit organization; or secondhand store, including a pawn shop;
(2) A fur product required for use in the practice of a religion;
(3) A fur product used for traditional cultural, tribal, or spiritual purposes by a member of a federally recognized Native American tribe; or
(4) A fur product where the activity is expressly authorized by federal law.
(c) For the purposes of this section, a sale shall be deemed to occur at the location where the buyer takes physical possession of the fur product.
§ -4 Penalties; citations; administrative fines. (a) Any person who violates this chapter or any rule adopted pursuant to this chapter shall be subject to the fines as provided in this section.
(b) Each individual fur product manufactured for sale, sold, offered for sale, displayed for sale, traded, or otherwise distributed in violation of section -1 or -2 shall constitute a separate violation of this chapter. Each day that a violation exists, is continued, or continues to exist, shall be construed as a separate offense.
(c) The department shall issue a warning notice to a person for the person's first violation of this chapter. The person shall remedy the violation within twenty-four hours of receipt of the warning notice or be subject to the penalties provided by this section or rules adopted pursuant to this section, including but not limited to the penalties set forth in subsection (d).
(d) A person who receives a warning notice from the department and who fails to remedy the violation in the time specified under subsection (c) shall be fined no more than:
(1) $500 for a first violation;
(2) $750 for a second violation within one year of the first violation; and
(3) $1,000 for a third or subsequent violation within one year of the previous violation.
(e) The department may recover administrative fees and costs, including attorney's fees and costs, for enforcement actions taken pursuant to this chapter.
§ -5 Rules. The department shall adopt rules pursuant to chapter 91 as necessary to carry out 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.
Department of the Attorney General; Animal Fur Products; Manufacture and Sale; Prohibition
Prohibits the manufacture for sale, sale, offer for sale, display for sale, trade, or distribution of certain animal fur products in the State. (HD1)
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