BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1656|
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THIRD READING
Bill No: AB 1656
Author: Ma (D), et al
Amended: 3/23/10 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 6/15/10
AYES: Corbett, Hancock, Leno
NOES: Harman, Walters
ASSEMBLY FLOOR : 59-11, 4/5/10 - See last page for vote
SUBJECT : Fur products: labeling
SOURCE : Humane Society of the United States
DIGEST : This bill requires a person who sells or
displays any clothing apparel for sale that is made wholly
or partially of fur to attach a conspicuously displayed tag
or label that includes the following information:
the names of the animal or animals from which the fur was
acquired and the country of origin of any imported furs
used. This bill subjects violators to a civil penalty of
not more than $500 for the first violation, and not more
than $1,000 for each subsequent violation. This bill
provides that a retail merchant is not liable for a
violation if a manufacturer or supplier for the merchant
provided a specified certification to that merchant.
ANALYSIS : Existing federal law, the Fur Products
Labeling Act, prohibits the manufacture for sale, sale,
CONTINUED
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advertising, transportation, or distribution of any fur
product which has been shipped and received in commerce,
and which is misbranded or falsely or deceptively
advertised or invoiced, as defined. Those and other
related acts are deemed unlawful, are an unfair method of
competition, and an unfair and deceptive practice in
commerce under the Federal Trade Commission Act. (15
U.S.C. 69 et seq.; 15 U.S.C. 41 et seq.)
Existing federal regulation exempts a fur product from the
requirements of the Fur Products Labeling Act if (1) the
cost to the manufacturer of any fur trim or other
manufactured fur(s) contained in a fur product does not
exceed $150, or (2) if a manufacturer's selling price of a
fur product does not exceed $150. That exemption is not
applicable:
to any dog or cat fur product;
if any false, deceptive, or misleading representations as
to the fur contained in the fur product are made; or
if any representations as to the fur are made in the
labeling, invoicing, or advertising without disclosing
specified information, including the name of the animal
that produced the fur, whether the fur is bleached or
dyed, and whether the fur is composed in substantial part
of paws, tails, bellies, or waste fur. (16 C.F.R. 301.39)
Existing federal regulation provides that when a fur
product is exempt, the manufacturer shall maintain records
showing the cost of the fur used in the product, or copies
of invoices showing the selling price, if that price is
used as the basis for exemption. (16 C.F.R. 301.39)
Existing federal law defines "fur product" as any article
of wearing apparel made in whole or in part of fur or used
fur, as specified. (15 U.S.C. 69(d)) Existing federal
regulation defines "wearing apparel" as any articles of
clothing or covering for any part of the body, which
includes any assembled furs, used furs, or waste furs, in
attached form, including mats, plates or garment shells or
furs flat off the board, and furs which have been dyed,
tip-dyed, bleached or artificially colored, intended for
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use as or in wearing apparel. (16 C.F.R. 301.1)
This bill prohibits a person from selling or displaying 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 attaching a conspicuously displayed tag or
label that includes the names of the animal or animals, as
set forth in the Fur Products Name Guide maintained by the
Federal Trade Commission, from which the fur was acquired;
and the country of origin of any imported furs used.
This bill specifies that labeling of clothing apparel 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.
This bill specifies that these provisions do 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.
This bill provides that any violation of this act 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. Each article of clothing that is not
labeled constitutes a separate violation.
This bill provides that a retail merchant is not liable for
a violation of this act if a manufacturer or supplier for
the merchant certified 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 act, unless
the retail merchant knew, or reasonably should have known,
that the certification is false.
This bill states that nothing in this act 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 act or the application thereof to any
person or circumstance is held to be preempted by federal
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law, the preemption shall not affect other provisions or
applications of the title that can be given effect.
This bill becomes operative on September 1, 2011.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/17/10)
Humane Society of the United States (source)
ARGUMENTS IN SUPPORT : According to the author:
"More than 1,000,000 items of clothing or accessories
that contain animal fur are sold in the United States
each year. The federal Fur Products Labeling Act and
related regulations require all garments with real animal
fur valued at more than $150 to indicate species and
country of origin on clothing labels. However, federal
law exempts from labeling requirements products with
animal fur valued at $150 or less. The Federal Trade
Commission estimates that 1 in 8 fur-trimmed garments are
exempt from fur labeling.
"Due to the vast number of fur factory farms around the
world that mass produce raccoon dogs, rabbits, foxes, and
other animals at a low-cost, and garment manufacturers'
ability to piece together cheap leftover fur pelts, it is
common for garments trimmed with real fur to be unlabeled
under the federal loophole.
"California consumers have the right to know what they
are buying and what they are wearing, regardless of the
value of the fur involved. AB 1656 addresses the federal
loophole by requiring all garments sold in California
that contain animal fur to say so on the label."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Beall, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Carter, Chesbro, Coto,
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Davis, De La Torre, De Leon, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Furutani, Galgiani, Garrick,
Hagman, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,
Jones, Knight, Lieu, Bonnie Lowenthal, Ma, Mendoza, Nava,
Nestande, Niello, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NOES: Anderson, Arambula, Conway, DeVore, Fuller, Gaines,
Gilmore, Logue, Miller, Nielsen, Norby
NO VOTE RECORDED: Bass, Bill Berryhill, Tom Berryhill,
Blakeslee, Charles Calderon, Cook, Harkey, Jeffries,
Monning, Vacancy
RJG:mw 6/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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