S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5439
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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-bbbb to read as follows:
   §  399-BBBB. PROHIBITION ON FUR PRODUCTS. 1. NOTWITHSTANDING ANY OTHER
 LAW, RULE OR REGULATION TO THE CONTRARY,  BEGINNING  TWENTY-FOUR  MONTHS
 AFTER THIS SECTION TAKES EFFECT, 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  TWENTY-FOUR  MONTHS AFTER THIS SECTION TAKES EFFECT, 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00546-01-1

 S. 5439                             2
 
 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.