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A05040 Summary:

BILL NOA05040B
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRGlick
 
MLTSPNSR
 
Add §399-bbbb, Gen Bus L
 
Relates to prohibitions on fur products; prohibits the manufacture, sale, display for sale, trade, giving, donating, or otherwise distributing of a fur product by any means in the state beginning twenty-four months after this act becomes a law.
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A05040 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5040B
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the general business law, in relation to the prohibition on fur products   PURPOSE: This bill would phase out the sale and distribution of fur products in New York State.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 399-bbbb. Section two establishes the effective date.   JUSTIFICATION: Fur farms across the United States raise animals like raccoons, foxes, minks, and chinchillas to kill for their fur, often using cruel and inhumane methods. The Humane Society of the United States estimates that over 100 million animals are killed each year for the fur industry. As animal cruelty laws have progressed, more and more people have chosen to stop supporting the fur industry and turn to faux-fur products or other alternatives. Major luxury fashion brands such as Coach, Versace, Burberry and Michael Kors have recently announced plans to become fur- free, while some retailers and magazines have also announced they will no longer carry or feature clothing and accessories using animal fur. Countries such as Austria, the Netherlands and the United Kingdom have banned the sale of fur products, while a few U.S. cities including Los Angeles and San Francisco have also taken the step. While the popularity of wearing fur has decreased, many retailers still sell fur products, keeping cruel fur farms in business. This legislation would phase out the sale and distribution of any new fur products in New York State within two years.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05040 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5040--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, GLICK -- read once and referred to
          the Committee on Economic Development --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Economic Development in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the general business law, in relation to the prohibition
          on fur products
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-bbbb to read as follows:
     3    §  399-bbbb. Prohibition on fur products. 1. Notwithstanding any other
     4  law, rule or regulation to the contrary,  beginning  twenty-four  months
     5  after this section takes effect, it shall be unlawful to sell, offer for
     6  sale,  display  for sale, trade, give, donate, or otherwise distribute a
     7  fur product by any means in the state.
     8    2. Notwithstanding any other law, rule or regulation to the  contrary,
     9  beginning  twenty-four  months after this section takes effect, it shall
    10  be unlawful to manufacture a fur product in the state.
    11    3. Subdivision one of this section shall not apply to the sale,  offer
    12  for sale, display for sale, trade, gift, donation, or other distribution
    13  of used fur products by a person not normally engaged in the business of
    14  selling  fur  products,  non-profit  organization, or second-hand stores
    15  including pawn shops.
    16    4. Subdivision two of this section shall not apply to the  manufacture
    17  of any fur product using fur sourced exclusively from used fur products.
    18    5.  Notwithstanding the provisions of subdivisions one and two of this
    19  section, the manufacture and sale of fur products shall not be prohibit-
    20  ed when such manufacture and sale is for the exclusive  distribution  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07681-04-0

        A. 5040--B                          2
 
     1  and  use by persons who purchase such products in order to conform to or
     2  comply with a religious or cultural practice.
     3    6.  The  fine  for  a  violation  of  this section shall be up to five
     4  hundred dollars for a first violation; up to seven hundred fifty dollars
     5  for a second violation; and up to one thousand dollars  for  each  addi-
     6  tional  violation.  Each  fur  product  that  does  not  comply with the
     7  provisions of this section shall constitute a separate violation.  Costs
     8  and fees may be recovered, including attorney's fees.
     9    7. For purposes of this section:
    10    (a)  "Fur" means any animal skin or part thereof with hair, fleece, or
    11  fur fibers attached thereto, either in its raw or processed state. "Fur"
    12  does not include such skins or parts thereof as are to be converted into
    13  leather, which in processing will have the hair, fleece,  or  fur  fiber
    14  completely  removed;  cowhide with hair attached thereto; or lambskin or
    15  sheepskin with fleece attached thereto.
    16    (b) "Fur product" means any article of clothing or  covering  for  any
    17  part of the body, or any fashion accessory, including but not limited to
    18  handbags,  shoes,  slippers,  hats,  earmuffs,  scarves, shawls, gloves,
    19  jewelry, and key chains, that is made in whole or in part of fur.
    20    (c) "Used fur product" means a fur product that a person has  acquired
    21  for his or her own use and worn.
    22    § 2. This act shall take effect immediately.
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