BILL NUMBER: AB 1656	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        JANUARY 15, 2010

   An act to add Title 1.1B (commencing with Section 1739.80) to Part
4 of Division 3 of the Civil Code, relating to fur products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1656, as introduced, Ma. Fur products: labeling.
   Existing federal law requires that fur products be labeled with
the names of any animals used, manufacturer, country of origin, and
other specified information. Fur products with a relatively small
quantity or value of fur that is worth $150 or less are exempt from
these labeling requirements.
   This bill, commencing January 1, 2011, would prohibit the sale or
display for sale of any coat, jacket, garment, or other apparel made
wholly or partially of fur, regardless of the price of the apparel or
the amount or value of the fur contained therein, without having
attached thereto and conspicuously displayed a tag or label including
the names of the animals from which the fur was acquired and the
country of origin of any imported furs. Used articles of clothing
would be exempt from these labeling requirements. The bill would
provide that any violation of the labeling requirements is subject to
a civil penalty of not more than $500 for the first violation, and
not more than $1,000 for each subsequent violation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Title 1.1B (commencing with Section 1739.80) is added
to Part 4 of Division 3 of the Civil Code, immediately following
Title 1.1A, to read:

      TITLE 1.1B.  Fur Products Labeling


   1739.80.  For the purposes of this title, the following shall
apply:
   (a) "Fur" means any animal skin or part thereof with hair, fleece,
or fur fibers attached thereto, either in its raw or processed
state.
   (b) "Person" includes any individual, partnership, corporation,
joint venture, association, limited liability company, estate, trust,
receiver, or syndicate.
   1739.82.  (a) No person shall sell or display for sale any coat,
jacket, garment, or other apparel made wholly or partially of fur,
regardless of the price of the apparel or the amount or value of the
fur contained therein, without having attached thereto and
conspicuously displayed a tag or label including the names of both of
the following:
   (1) The animal or animals, as set forth in the Fur Products Name
Guide maintained by the Federal Trade Commission, from which the
animal fur was acquired.
   (2) The country of origin of any imported furs used.
   (b) Labeling of articles of clothing pursuant to this title may be
accomplished by adding the required disclosures to the permanent tag
attached to the clothing, to the temporary tag used by the merchant
to identify the merchandise, or by affixing to the article of
clothing, in a conspicuous place, a sticker listing the required
disclosures.
   1739.84.  This title does not apply to a person who displays for
sale, offers for sale, or sells any used article of clothing made
wholly or partly of animal fur.
   1739.86.  (a) Any violation of this title is subject to a civil
penalty of not more than five hundred dollars ($500) for the first
violation, and not more than one thousand dollars ($1,000) for each
subsequent violation.
   (b) Each article of clothing that is not labeled pursuant to this
title shall constitute a separate violation of this article.
   1739.88.  Nothing in this title shall be construed to preempt any
federal law, or any other statute that prohibits or restricts the
sale of fur products. If any provision of this title or the
application thereof to any person or circumstance is held to be
preempted by federal law, the preemption shall not affect other
provisions or applications of the title that can be given effect.
   1739.89.  This title shall become operative on January 1, 2011.