| 47 | | - | SECTION 1. The legislature finds that eliminating the sale of new animal fur products in the State will decrease demand for cruel products, reduce public health risks, promote community awareness of animal welfare, alleviate environmental burdens, and enhance the reputation of the State. The purpose of this Act is to prohibit the sale, offer for sale, possession with intent to sell, display for sale, distribute, or trade of fur products in the State with certain exceptions. SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately to be appropriately designated and to read as follows: "§183D- Fur products; sale, display, possession, distribution, or trade; prohibition. (a) It shall be unlawful to sell, offer for sale, possess with intent to sell, display for sale, distribute, or otherwise trade a fur product in the State. The sale, offer for sale, possession with intent to sell, display for sale, distribution for sale, or trade of a fur product shall be deemed to occur if: (1) The buyer takes physical possession of the fur product in the State; or (2) The seller is located in the State. (b) This section shall not apply to the sale, offer for sale, possession with intent to sell, display for sale, distribution, or trade of: (1) A used fur product; (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) Any 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, possessed with intent to sell, displayed for sale, distributed, or traded in violation of this section, and each day of each violation, 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, and home accessories or decor made in whole or in part with fur. "Fur product" does not include: (1) An animal skin or any part thereof that is intended to be converted into leather, or which through processing will have the hair, fleece, or fur fiber completely removed; (2) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, Camelidae, Equidae, Suidae, or Cervidae; (3) Animal hair, fleece, or fur fibers that are not attached to skin, such as fishing lures; (4) A raw or green pelt, or a dried, cured, or tanned pelt that has not been manufactured into and is not sold as an article of clothing, covering for any part of the body, or fashion accessory, such as pelts or pieces used to create fishing lures or for the repair or alteration of used fur products; or (5) The pelt or skin of any animal preserved through taxidermy or for the purposes of taxidermy. "Taxidermy" means the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting the deceased animal 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 previously 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 begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that eliminating the sale of new animal fur products in the State will decrease demand for cruel products, reduce public health risks, promote community awareness of animal welfare, alleviate environmental burdens, and enhance the reputation of the State. SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately to be appropriately designated and to read as follows: "§183D- Fur products; Sale, display, possession, distribution, or trade; prohibition. (a) It shall be unlawful to sell, offer for sale, possess with intent to sell, display for sale, distribute, or otherwise trade a fur product in the State. The sale, offer for sale, possession with intent to sell, display for sale, distribution for sale, or trade of a fur product shall be deemed to occur if: (1) The buyer takes physical possession of the fur product in the State; or (2) The seller is located in the St. (b) This section shall not apply to the sale, offer for sale, possession with intent to sell, display for sale, distribution, or trade of: (1) A used fur product; (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) Any 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, possessed with intent to sell, displayed for sale, distributed, or traded in violation of this section, and each day of each violation, 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, and home accessories or decor made in whole or in part with fur. "Fur product" does not include: (1) An animal skin or any part thereof that is intended to be converted into leather, or which through processing will have the hair, fleece, or fur fiber completely removed; (2) Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, Camelidae, Equidae, Suidae, or Cervidae; (3) Animal hair, fleece, or fur fibers that are not attached to skin, such as fishing lures; (4) A raw or green pelt, or a dried, cured, or tanned pelt that has not been manufactured into and is not sold as an article of clothing, covering for any part of the body, or fashion accessory, such as pelts or pieces used to create fishing lures or for the repair or alteration of used fur products; or (5) The pelt or skin of any animal preserved through taxidermy or for the purposes of taxidermy. "Taxidermy" means the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting the deceased animal 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 previously 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 begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on June 30, 2025. INTRODUCED BY: _____________________________ |
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