| 47 | | - | SECTION 1. The legislature finds that animals that are slaughtered for their fur endure tremendous suffering. Animals raised on fur farms typically spend their entire lives in cramped and filthy cages. Fur farmers typically use the cheapest killing methods available, including suffocation, electrocution, gas, and poison. The legislature recognizes that fur farms are reservoirs and transmission vectors for dangerous zoonotic disease, including SARS coronaviruses, that threaten public health. Coronavirus disease 2019 infections have been confirmed at fur farms in Europe and the United States, and scientific studies have linked mink, raccoon dogs, and foxes, animals most commonly farmed for fur, to a variety of coronaviruses. The legislature further finds that the fur production process is energy intensive and has a significant environmental impact, including air and water pollution. Runoff from the fur production process contains high concentrations of phosphorus and nitrogen, which are among the most common forms of water pollution in the United States. Considering the wide array of alternatives for fashion and apparel, the legislature finds that the demand for fur products does not justify the unnecessary killing and cruel treatment of animals, harm to the environment, and the public health risks created by these practices. The legislature believes that banning the sale of fur products in the State will decrease the industry demand for these cruel and environmentally harmful products and promote community awareness of animal welfare and, in turn, will enhance the reputation of the State. The purpose of this Act is to prohibit the trade of certain animal fur products in the State. SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows: "§183D- Animal fur products. (a) It shall be unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in Hawaii. For purposes of this section, the sale of a fur product shall be deemed to occur in Hawaii if: (1) The buyer takes physical possession of the fur product in Hawaii; or (2) The seller is located in Hawaii. (b) This section shall not apply to the sale, offer for sale, display for sale, trade, or distribution of: (1) A used fur product by a person (excluding a retail transaction), nonprofit organization, or second-hand store, including a pawn shop; (2) A fur product used in the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution; or (3) A fur product where the activity is expressly authorized by federal law. (c) A person in violation of this section shall be subject to a civil penalty not to exceed $1,000. Each fur product sold, offered for sale, displayed for sale, traded, or distributed in violation of this section, and every day upon which any violation shall occur, shall constitute a separate offense. (d) The department may adopt rules pursuant to chapter 91 to further implement or enforce this section. (e) As used in this section: "Fur" means any animal skin with hair, fleece, or fur fibers attached, either in its raw or processed state. "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, or home accessories and decor that is made in whole or in part of fur. "Fur product" does not include any of the following: (1) An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed; (2) Cowhide with the hair attached thereto; (3) Deerskin with the hair attached thereto; (4) Lambskin or sheepskin with the fleece attached thereto; or (5) The pelt or skin of any animal that is preserved through taxidermy or for the purposes of taxidermy. "Nonprofit organization" means any entity exempt from federal taxes under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for charitable, religious, philanthropic, educational, or similar purposes. "Taxidermy" means the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form. "Ultimate consumer" means a person who buys a fur product for the person's own use, or for the use of another, but not for resale or trade. "Used fur product" means a fur product that has been worn or used by an ultimate consumer." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were done before its effective date. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2050. |
|---|
| 47 | + | SECTION 1. The legislature finds that animals that are slaughtered for their fur endure tremendous suffering. Animals raised on fur farms typically spend their entire lives in cramped and filthy cages. Fur farmers typically use the cheapest killing methods available, including suffocation, electrocution, gas, and poison. The legislature recognizes that fur farms are reservoirs and transmission vectors for dangerous zoonotic disease, including SARS coronaviruses, that threaten public health. COVID-19 infections have been confirmed at fur farms in Europe and the United States, and scientific studies have linked mink, raccoon dogs, and foxes, animals most commonly farmed for fur, to a variety of coronaviruses. The legislature further finds that the fur production process is energy intensive and has a significant environmental impact, including air and water pollution. Runoff from the fur production process contains high concentrations of phosphorus and nitrogen, which are among the most common forms of water pollution in the United States. Considering the wide array of alternatives for fashion and apparel, the legislature finds that the demand for fur products does not justify the unnecessary killing and cruel treatment of animals, harm to the environment, and the public health risks created by these practices. The legislature believes that banning the sale of fur products in the State will decrease the industry demand for these cruel and environmentally harmful products and promote community awareness of animal welfare and, in turn, will enhance the reputation of the State. The purpose of this Act is to prohibit the trade of certain animal fur products in the State. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter aNIMAL FUR PRODUCTS § -1 Definitions. As used in this chapter: "Fur" means any animal skin with hair, fleece, or fur fibers attached, either in its raw or processed state. "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, or home accessories and decor that is made in whole or in part of fur. "Fur product" does not include any of the following: (1) An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed; (2) Cowhide with the hair attached thereto; (3) Deerskin with the hair attached thereto; (4) Lambskin or sheepskin with the fleece attached thereto; or (5) The pelt or skin of any animal that is preserved through taxidermy or for the purposes of taxidermy. "Nonprofit organization" means any entity exempt from federal taxes under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for charitable, religious, philanthropic, educational, or similar purposes. "Taxidermy" means the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form. "Ultimate consumer" means a person who buys a fur product for the person's own use, or for the use of another, but not for resale or trade. "Used fur product" means a fur product that has been worn or used by an ultimate consumer. § -2 Trade of animal fur products prohibited; exemptions. (a) It shall be unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in Hawaii. For purposes of this section, the sale of a fur product shall be deemed to occur in Hawaii if: (1) The buyer takes physical possession of the fur product in Hawaii; or (2) The seller is located in Hawaii. (b) This section shall not apply to the sale, offer for sale, display for sale, trade, or distribution of: (1) A used fur product by a person (excluding a retail transaction), nonprofit organization, or second-hand store, including a pawn shop; (2) A fur product used in the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution; or (3) A fur product where the activity is expressly authorized by federal law. § -3 Penalties. A person in violation of this chapter shall be subject to a civil penalty not to exceed $1,000. Each fur product sold, offered for sale, displayed for sale, traded, or distributed in violation of this chapter and every day upon which any such violation shall occur shall constitute a separate offense." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were done before its effective date. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. This Act shall take effect on January 1, 2024. INTRODUCED BY: _____________________________ |
|---|