The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5040
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to the prohibition
   on fur products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 399-aaaa to read as follows:
   §  399-AAAA.  PROHIBITION ON FUR PRODUCTS. 1. BEGINNING JANUARY FIRST,
 TWO THOUSAND TWENTY-ONE, IT SHALL BE UNLAWFUL TO SELL, OFFER  FOR  SALE,
 DISPLAY  FOR  SALE,  TRADE,  GIVE, DONATE, OR OTHERWISE DISTRIBUTE A FUR
 PRODUCT BY ANY MEANS IN THE STATE.
   2. BEGINNING JANUARY FIRST,  TWO  THOUSAND  TWENTY-ONE,  IT  SHALL  BE
 UNLAWFUL TO MANUFACTURE A FUR PRODUCT IN THE STATE.
   3.  SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER
 FOR SALE, DISPLAY FOR SALE, TRADE, GIFT, DONATION, OR OTHER DISTRIBUTION
 OF:
   (A) USED FUR PRODUCTS BY A PERSON NOT NORMALLY ENGAGED IN THE BUSINESS
 OF SELLING FUR PRODUCTS, NON-PROFIT ORGANIZATION, OR SECOND-HAND  STORES
 INCLUDING PAWN SHOPS; OR
   (B)  FUR  PRODUCTS  MADE  FROM  FURBEARING MAMMALS AND NONGAME MAMMALS
 LAWFULLY TAKEN UNDER THE AUTHORITY OF A  TRAPPING  OR  HUNTING  LICENSE,
 PURSUANT  TO  TITLE SEVEN, NINE OR ELEVEN OF ARTICLE ELEVEN OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   4. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO THE  MANUFACTURE
 OF ANY FUR PRODUCT USING FUR SOURCED EXCLUSIVELY FROM USED FUR PRODUCTS.
   5.  THE  FINE  FOR  A  VIOLATION  OF  THIS SECTION SHALL BE UP TO FIVE
 HUNDRED DOLLARS FOR A FIRST VIOLATION; UP TO SEVEN HUNDRED FIFTY DOLLARS
 FOR A SECOND VIOLATION; AND UP TO ONE THOUSAND DOLLARS  FOR  EACH  ADDI-
 TIONAL  VIOLATION.  EACH  FUR  PRODUCT  THAT  DOES  NOT  COMPLY WITH THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07681-01-9

 A. 5040                             2
 
 PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION.  COSTS
 AND FEES MAY BE RECOVERED, INCLUDING ATTORNEY'S FEES.
   6. FOR PURPOSES OF THIS SECTION:
   (A)  "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 AS 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 FLEECE ATTACHED THERETO.
   (B) "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, AND KEY CHAINS, THAT IS MADE IN WHOLE OR IN PART OF FUR.
   (C) "USED FUR PRODUCT" MEANS A FUR PRODUCT THAT A PERSON HAS  ACQUIRED
 FOR HIS OR HER OWN USE AND WORN.
   § 2. This act shall take effect immediately.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5040--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in relation to the prohibition
   on fur products

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaa to read as follows:
   §  399-AAAA. PROHIBITION ON FUR PRODUCTS. 1. NOTWITHSTANDING ANY OTHER
 LAW, RULE OR REGULATION TO THE CONTRARY, BEGINNING  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE,  IT  SHALL  BE  UNLAWFUL  TO SELL, OFFER FOR SALE,
 DISPLAY FOR SALE, TRADE, GIVE, DONATE, OR  OTHERWISE  DISTRIBUTE  A  FUR
 PRODUCT BY ANY MEANS IN THE STATE.
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE, IT SHALL  BE  UNLAWFUL
 TO MANUFACTURE A FUR PRODUCT IN THE STATE.
   3.  SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER
 FOR SALE, DISPLAY FOR SALE, TRADE, GIFT, DONATION, OR OTHER DISTRIBUTION
 OF USED FUR PRODUCTS BY A PERSON NOT NORMALLY ENGAGED IN THE BUSINESS OF
 SELLING FUR PRODUCTS, NON-PROFIT  ORGANIZATION,  OR  SECOND-HAND  STORES
 INCLUDING PAWN SHOPS.
   4.  SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO THE MANUFACTURE
 OF ANY FUR PRODUCT USING FUR SOURCED EXCLUSIVELY FROM USED FUR PRODUCTS.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
 SECTION, THE MANUFACTURE AND SALE OF FUR PRODUCTS SHALL NOT BE PROHIBIT-
 ED  WHEN  SUCH MANUFACTURE AND SALE IS FOR THE EXCLUSIVE DISTRIBUTION TO
 AND USE BY PERSONS WHO PURCHASE SUCH PRODUCTS IN ORDER TO CONFORM TO  OR
 COMPLY WITH A RELIGIOUS OR CULTURAL PRACTICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07681-03-9

 A. 5040--A                          2
 
   6.  THE  FINE  FOR  A  VIOLATION  OF  THIS SECTION SHALL BE UP TO FIVE
 HUNDRED DOLLARS FOR A FIRST VIOLATION; UP TO SEVEN HUNDRED FIFTY DOLLARS
 FOR A SECOND VIOLATION; AND UP TO ONE THOUSAND DOLLARS  FOR  EACH  ADDI-
 TIONAL  VIOLATION.  EACH  FUR  PRODUCT  THAT  DOES  NOT  COMPLY WITH THE
 PROVISIONS  OF THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. COSTS
 AND FEES MAY BE RECOVERED, INCLUDING ATTORNEY'S FEES.
   7. FOR PURPOSES OF THIS SECTION:
   (A) "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 AS 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 FLEECE ATTACHED THERETO.
   (B)  "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, AND KEY CHAINS, THAT IS MADE IN WHOLE OR IN PART OF FUR.
   (C)  "USED FUR PRODUCT" MEANS A FUR PRODUCT THAT A PERSON HAS ACQUIRED
 FOR HIS OR HER OWN USE AND WORN.
   § 2. This act shall take effect immediately.