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AB-44 Fur products: prohibition.(2019-2020)

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Date Published: 03/13/2019 09:00 PM
AB44:v97#DOCUMENT

Amended  IN  Assembly  March 13, 2019
Amended  IN  Assembly  February 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 44


Introduced by Assembly Member Friedman

December 03, 2018


An act to amend Section 3039 of, and to add Section 2023 to, the Fish and Game Code, relating to fur products.


LEGISLATIVE COUNSEL'S DIGEST


AB 44, as amended, Friedman. Fur products: prohibition.
Existing federal law requires that fur products be labeled with the names of any animals used, the manufacturer, the country of origin, and other specified information.
Existing state law makes it unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of specified species of animals.
Existing state law, except as specified, requires every person, other than a fur dealer, who traps fur-bearing mammals or nongame mammals, designated by the Fish and Game Commission, or who sells raw furs of those mammals, to procure a trapping license from the Department of Fish and Wildlife. Existing law provides that products or handicraft items made from fur-bearing mammals and nongame mammals lawfully taken under the authority of a trapping license may be purchased or sold at any time. Existing law authorizes the commission to adopt regulations regarding the taking and sale of mammals taken under a trapping license. Under existing law, the provisions governing trapping in the Fish and Game Code do not apply to, or prohibit the propagation of, fur-bearing mammals that are confined in accordance with regulations of the commission. Existing law generally makes violations of provisions relating to fish and wildlife a crime.
This bill would make it unlawful to sell, offer for sale, display for sale, trade, give, donate, or otherwise distribute a fur product, as defined, in the state. The bill would also make it unlawful to manufacture a fur product in the state. The bill would exempt from these prohibitions used fur products, as defined, and fur products used for religious specified purposes. The bill would require a person that sells or trades any fur product exempt from this prohibition to maintain records of each sale or trade of an exempt fur product for at least one year. A person who violates these prohibitions would not be subject to criminal penalty but would be subject to specified civil penalties. The bill would authorize the department, the Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of one of these prohibitions occurs to bring a civil action to recover the civil penalty. The bill would require the civil penalty to be deposited in the Fish and Game Preservation Fund. The bill would also authorize the recovery of the reasonable costs of investigation, reasonable attorney’s fees, and reasonable expert witness’ fees, which would be required to be credited to the same operating funds as that from which the expenditures for those purposes were derived.
The bill would make a conforming change.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2023 is added to the Fish and Game Code, to read:

2023.
 (a) For purposes of this section, the following definitions shall apply:
(1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state. “Fur” does not include such skins or parts thereof that are to be converted into leather, which in processing will have the hair, fleece, or fur fiber completely removed; cowhide with hair attached thereto; or lambskin or sheepskin with hair attached thereto. thereto; or the skin or hide with or without the hair, fleece, or fur fibers attached thereto of any lawfully taken game mammal.
(2) “Fur product” means any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and decor, that is made in whole or in part of fur. “Fur product” does not include any dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code.
(3) “Used fur product” means a fur product that a person has acquired for their own use and worn.
(b) (1) It is unlawful to sell, offer for sale, display for sale, trade, give, donate, or otherwise distribute a fur product in the state.
(2) It is unlawful to manufacture a fur product in the state.
(c) The prohibitions set forth in subdivision (b) do not apply to any of the following:
(1) A used fur product.
(2) A fur product used for religious purposes.
(3) A fur product used for tribal, cultural, or spiritual purposes by a member of a federally recognized Native American tribe or a nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(d) A person who sells or trades any used fur product or fur product described in subdivision (c) shall maintain a record of each sale or trade of one of those exempt fur products for at least one year. A violation of this subdivision is not subject to a criminal or civil penalty.
(e) (1) A person who violates subdivision (b) is not subject to the criminal penalties set forth in this code, but is subject to the following civil penalties:
(A) For the first violation and for a violation that does not meet the requirements of subparagraph (B) or (C), a civil penalty of up to five hundred dollars ($500).
(B) For a violation that occurred within one year of a previous violation, a civil penalty of up to seven hundred fifty dollars ($750).
(C) For a violation that occurred within one year of a second or subsequent violation, a civil penalty of up to one thousand dollars ($1,000).
(2) Each fur product that constitutes a violation of subdivision (b) shall be treated as a separate violation.
(f) (1) The department, the Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of subdivision (b) occurs, may bring a civil action to recover the civil penalty in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13001.
(2)  In an action brought under this section, in addition to the penalty specified in subdivision (e), the reasonable costs of investigation, reasonable attorney’s fees, and reasonable expert witness’ fees may also be recovered and those amounts shall be credited to the same operating funds as those from which the expenditures for those purposes were derived.

SEC. 2.

 Section 3039 of the Fish and Game Code is amended to read:

3039.
 (a) Except as otherwise provided in this section, Section 3087, Section 4303, another provision of this code, or a regulation adopted pursuant to this code, it is unlawful to sell or purchase a bird or mammal found in the wild in California.
(b) Shed antlers, or antlers taken from domestically reared animals that have been manufactured into products or handicraft items, or that have been cut into blocks or units that are to be handcrafted or manufactured into those articles may be purchased or sold at any time. However, complete antlers, whole heads with antlers, antlers that are mounted for display, or antlers in velvet may not be sold or purchased at any time, except as authorized by Section 3087.
(c) Notwithstanding Section 3504, inedible parts of domestically raised game birds may be sold or purchased at any time.
(d) A person who illegally takes a bird or mammal for profit or for personal gain by engaging in an activity authorized by this section is subject to civil liability pursuant to Section 2582.