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 considering 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 the fur trade poses serious human health and animal welfare concerns. Recent reports from mink fur farms abroad have revealed dangerous links between the industry and the further spread of the SARS-CoV-2 virus to humans from animals. Additionally, mink, raccoon dogs, and foxes that are commonly farmed for their fur have been linked to a variety of coronaviruses.
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 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 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 United States, prohibit the introduction of dog and cat fur products into interstate commerce, forbid deceptive labeling of fur products, and require products made with real fur to be properly labeled.
As human, animal, and ecosystem health are inextricably linked, it is vital for our health, economy, and security that Hawaii, the United States, and countries across the globe shut down the cruel, risky, and unpopular fur farming industry and end the fur trade by banning fur sales. Accordingly, the purpose of this Act is to:
(1) Beginning July 1, 2021, prohibit the manufacture and importation for sale of certain animal fur products in the State; and
(2) Beginning December 1, 2021, prohibit the sale, offer for sale, display for sale, trade, or otherwise distribution for monetary or nonmonetary consideration, of certain 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 but not limited to 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) Goatskin, 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 and importation of fur products for sale prohibited; exemption. (a) Beginning July 1, 2021, it shall be unlawful to manufacture fur products in the State, or import fur products into the State, for the purpose of sale in the State.
(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) Beginning December 1, 2021, 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; 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, imported 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 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.
(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.
§ -5 Rules; informational and educational documents for retail merchants. (a) The department shall adopt rules pursuant to chapter 91 as necessary to carry out the purposes of this chapter.
(b) Before December 1, 2021, the department and department of commerce and consumer affairs shall collaborate to develop and disseminate informational documents to educate and inform retail merchants and suppliers of the provisions 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 on July 1, 2050.
AG; Animal Fur Products; Manufacture and Sale; Prohibition; DCCA
Beginning July 1, 2021, prohibits the manufacture or importation for sale of certain animal fur products in the State. Beginning December 1, 2021, prohibits the sale, offer for sale, display for sale, trade, or otherwise distribution of certain animal fur products in the State. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.