BILL NUMBER: AB 1656	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2010
	AMENDED IN ASSEMBLY  MARCH 2, 2010

INTRODUCED BY   Assembly Members Ma and Lieu
   (Coauthors: Assembly Members Blumenfield, Eng,  and Jones
  Feuer,   Jones,   and Solorio 
)
   (Coauthor: Senator Alquist)

                        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 amended, 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 September 1, 2011, would prohibit the sale
or display for sale of any coat, jacket, garment, or other clothing
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, except as specified.
   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) "Clothing apparel" means any articles of clothing or covering
for any part of the body.  
   (a)
    (b)  "Fur" means any animal skin or part thereof with
hair, fleece, or fur fibers attached thereto, either in its raw or
processed state. 
   (b) 
    (c)  "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 clothing 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  
clothing apparel  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 that displays for
sale, offers for sale, or sells any used article of clothing made
wholly or partly of animal fur.
   1739.85.  A retail merchant is not liable for a violation of this
title if a manufacturer or supplier for the merchant certifies to
that merchant, in the invoice or other written document describing
the clothing apparel, that any tag or label attached by the
manufacturer or supplier conforms to the requirements of this title,
unless the retail merchant knew, or reasonably should have known,
that the certification is false.
   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 September 1, 2011.