Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H849 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 3117       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 849
The Commonwealth of Massachusetts
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PRESENTED BY:
Jack Patrick Lewis and Josh S. Cutler
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act prohibiting the sale of fur products.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/18/2023Josh S. Cutler6th Plymouth1/25/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Brian W. Murray10th Worcester1/30/2023Vanna Howard17th Middlesex1/31/2023Carol A. Doherty3rd Bristol2/3/2023Steven George Xiarhos5th Barnstable2/5/2023Thomas M. Stanley9th Middlesex2/7/2023Michelle M. DuBois10th Plymouth2/8/2023Paul McMurtry11th Norfolk2/8/2023Samantha Montaño15th Suffolk2/16/2023James K. Hawkins2nd Bristol3/2/2023James C. Arena-DeRosa8th Middlesex3/2/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/2/2023David Paul Linsky5th Middlesex3/2/2023Angelo J. Puppolo, Jr.12th Hampden3/3/2023Jessica Ann Giannino16th Suffolk3/3/2023Carmine Lawrence Gentile13th Middlesex3/7/2023 2 of 2
Jennifer Balinsky Armini8th Essex3/7/2023Christopher Hendricks11th Bristol3/7/2023Natalie M. Higgins4th Worcester3/7/2023Margaret R. Scarsdale1st Middlesex3/7/2023Patrick Joseph Kearney4th Plymouth3/7/2023Kenneth I. Gordon21st Middlesex3/8/2023Rodney M. Elliott16th Middlesex3/9/2023James Arciero2nd Middlesex3/9/2023James B. EldridgeMiddlesex and Worcester3/13/2023 1 of 3
HOUSE DOCKET, NO. 3117       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 849
By Representatives Lewis of Framingham and Cutler of Pembroke, a petition (accompanied by 
bill, House, No. 849) of Jack Patrick Lewis, Josh S. Cutler and others for legislation to prohibit 
the sale of fur products. Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act prohibiting the sale of fur products.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. New Chapter 110I to Title XV Regulation of Trade of the General Laws is 
2hereby added: 
3 Chapter 110I: Trade of Fur Products
4 § 1. Terms defined 
5 For the purposes of this chapter the following terms have the following meanings
6 (a)“Fur”, any animal skin or part thereof with hair, fleece, or fur fibers attached 
7thereto, either in its raw or processed state.
8 (b)(1) “Fur product”, any article of clothing or covering for any part of the body, or 
9any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, 
10scarves, shawls, gloves, jewelry, keychains, toys, and home accessories and décor, that is made 
11in whole or part of fur.  2 of 3
12 (2)“Fur product” does not include any of the following: 
13 (i)An animal skin or part thereof that is to be converted into leather, or which in 
14processing will have the hair, fleece, or fur fiber completely removed;
15 (ii)Cowhide with the hair attached thereto; 
16 (iii)Lambskin or sheepskin with the fleece attached thereto; or 
17 (iv)The pelt or skin of any animal that is preserved through taxidermy or for the 
18purpose of taxidermy.
19 (c)“Non-profit organization”, any corporation that is organized under 26 U.S.C. § 
20501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.
21 (d) “Taxidermy”, the practice of preparing and preserving the skin of an animal that 
22is deceased and stuffing and mounting it in a lifelike form.
23 (e)“Ultimate consumer”, an individual who buys a fur product for their own use, or 
24the use of another, but not for resale or trade.
25 (f) “Used fur product”, a fur product that has been worn or used by an ultimate 
26consumer.
27 § 2. Fur Product Prohibition; exemptions; penalties 
28 (a)Notwithstanding M.G.L.A. 266 § 79 or any other provision of law, it is unlawful 
29to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary 
30consideration a fur product in the Commonwealth of Massachusetts. For purposes of this section, 
31the sale of a fur product shall be deemed to occur in the Commonwealth of Massachusetts if: (1)  3 of 3
32the buyer takes physical possession of the fur product in Massachusetts; or (2) the seller is 
33located in the Commonwealth of Massachusetts.
34 (b)The prohibitions outlined in this Section do not apply to the sale, offer for sale, 
35displaying for sale, trade, or distribution of: 
36 (1)a used fur product by an individual (excluding a retail transaction), non-profit 
37organization, or second-hand store, including a pawn shop; 
38 (2)a fur product used for traditional tribal, cultural, or spiritual purposes by a 
39member of a federally recognized or state-recognized Native American tribe; or
40 (3)a fur product where the activity is expressly authorized by federal or state law.
41 (c)A person convicted of a violation of this Chapter shall be fined no less than five 
42hundred dollars nor more than five thousand dollars per fur product.
43 SECTION 2. Severability.
44 If any section, subsection, or paragraph of this Act shall be held unconstitutional either on 
45its face or as applied, the unconstitutionality of the section, subsection, or paragraph, or of the 
46application thereof, shall not affect the other sections, subsections, and paragraphs of this Act, 
47and the applications thereof; and to that end the sections, subsections, and paragraphs of this Act 
48are intended to be severable.
49 SECTION 3. Effective date.
50 This Act shall take effect no later than 180 days following the passage of this Act.