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A01923 Summary:

BILL NOA01923A
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSRGlick, Gonzalez-Rojas, Bores, Epstein, Hevesi, Simon, Simone, Colton
 
MLTSPNSR
 
Add §399-bbbb, Gen Bus L
 
Prohibits the trade of farmed fur products if any of the fur was sourced from an animal that was raised, maintained, kept, or housed for all or part of its life on a fur farm.
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A01923 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1923--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by M. of A. ROSENTHAL, GLICK, GONZALEZ-ROJAS, BORES, HEVESI,
          SIMON, SIMONE, COLTON -- read once and referred to  the  Committee  on
          Economic  Development  --  recommitted  to  the  Committee on Economic
          Development in accordance with Assembly Rule 3, sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the general business law, in relation to the trade of
          farmed fur products
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-bbbb to read as follows:
     3    §  399-bbbb.  Trade in farmed fur products prohibited. 1. The legisla-
     4  ture finds and declares that eliminating the sale of farmed fur products
     5  in the state of New York will decrease demand for cruel products, reduce
     6  public health risks, promote  community  awareness  of  animal  welfare,
     7  foster  a  more  humane  environment,  and enhance the reputation of the
     8  state.
     9    2. For purposes of this section:
    10    (a) "Fur" means any animal skin or part thereof with hair, fleece,  or
    11  fur fibers attached thereto, either in its raw or processed state.
    12    (b)  "Fur  product"  means any article of clothing or covering for any
    13  part of the body, or any fashion accessory, including but not limited to
    14  handbags, shoes, slippers,  hats,  earmuffs,  scarves,  shawls,  gloves,
    15  jewelry,  keychains,  toys  or trinkets, and home accessories and decor,
    16  that is made in whole or part of fur. "Fur product" does not include any
    17  of the following:
    18    (i) An animal skin or part thereof that is to be converted into leath-
    19  er, or which in processing will have the  hair,  fleece,  or  fur  fiber
    20  completely removed;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05288-02-6

        A. 1923--A                          2
 
     1    (ii) Animal hair, fleece, or fur fibers that are not attached to skin;
     2  or
     3    (iii)  Fur,  wool, or other fibers sourced exclusively from any member
     4  of the family Bovidae, Camelidae, Equidae, Suidae, or Cervidae.
     5    (c) "Fur farm" means any operation,  including  the  land,  buildings,
     6  support  facilities,  and  any  other  location  or  equipment, in which
     7  animals - including but not limited to mink, fox, and raccoon dog -  are
     8  owned,  controlled,  raised,  bred, propagated, or kept for the value of
     9  their fur.
    10    (d) "Person" means any individual, firm, partnership,  joint  venture,
    11  association,  limited  liability  company,  corporation,  estate, trust,
    12  receiver, or syndicate.
    13    (e) "Ultimate consumer" means an individual who buys a fur product for
    14  their own use, or for the use of another, but not for resale or trade.
    15    (f) "Used fur product" means a fur product that has been worn or  used
    16  by an ultimate consumer.
    17    3.  Notwithstanding any other provision of law, rule, or regulation to
    18  the contrary, beginning twenty-four  months  after  this  section  takes
    19  effect,  it  shall  be  unlawful for any person to sell, offer for sale,
    20  display for sale, trade, or otherwise distribute for monetary or nonmon-
    21  etary consideration, a fur product in the state of New York  if  any  of
    22  the fur contained in the fur product was sourced from an animal that was
    23  raised, maintained, kept, or housed for all or part of its life on a fur
    24  farm.   For purposes of this section, the sale of a fur product shall be
    25  deemed to occur in New York if:
    26    (a) The buyer takes physical possession of  the  fur  product  in  New
    27  York; or
    28    (b) The seller is located in New York.
    29    4.  This  section  does not apply to the sale, offer for sale, display
    30  for sale, trade, or distribution of:
    31    (a) A used fur product;
    32    (b) Fishing lures and fur pieces or parts  intended  to  make  fishing
    33  lures;
    34    (c) A fur product required for use in the practice of a religion;
    35    (d)  A fur product used for traditional tribal, cultural, or spiritual
    36  purposes by a member of  a  federally  recognized  or  state  recognized
    37  Native American tribe; or
    38    (e) A fur product where the activity is expressly authorized by feder-
    39  al law.
    40    5.  (a)  The attorney general shall enforce this section. The attorney
    41  general may also seek injunctive relief to prevent further violations of
    42  this section.
    43    (b) Within six months after this section takes  effect,  the  attorney
    44  general  shall  promulgate  rules and regulations for the implementation
    45  and enforcement of this section.
    46    (c) Notwithstanding any other provision of law, there is a  rebuttable
    47  presumption  that  a  fur  product contains fur that was sourced from an
    48  animal raised, maintained, kept, or housed for all or part of  its  life
    49  on a fur farm.
    50    (d) Every seller of fur products shall maintain proper records showing
    51  proof that each fur product sold, offered for sale, traded, or otherwise
    52  distributed  is  exempt from the prohibitions of this section, and shall
    53  preserve such records for a minimum of three years.
    54    (e) A person who violates this section shall be  liable  for  a  civil
    55  penalty  of  up  to one thousand dollars per violation. Each fur product

        A. 1923--A                          3
 
     1  that does not comply with the provisions of this section  shall  consti-
     2  tute a separate violation.
     3    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     4  sion,  section  or  part  of  this act shall be adjudged by any court of
     5  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     6  impair,  or  invalidate  the remainder thereof, but shall be confined in
     7  its operation to the clause, sentence, paragraph,  subdivision,  section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered. It is hereby declared to be the intent of
    10  the  legislature  that  this  act  would  have been enacted even if such
    11  invalid provisions had not been included herein.
    12    § 3. This act shall take effect one year after it shall have become  a
    13  law.
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