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AB-1656 Fur products: labeling.(2009-2010)

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AB1656:v96#DOCUMENT

Enrolled  August 12, 2010
Passed  IN  Senate  August 11, 2010
Passed  IN  Assembly  April 05, 2010
Amended  IN  Assembly  March 23, 2010
Amended  IN  Assembly  March 02, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill No. 1656


Introduced  by  Assembly Member Ma, Lieu
(Coauthor(s): Assembly Member Blumenfield, Eng, Feuer, Jones, Solorio)
(Coauthor(s): 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, 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   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.
(b) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
(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 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.