HB215

SECTION 1. The legislature finds that animals 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 coronaviruses, that threaten public health, especially in Hawaii. 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, the animals most commonly farmed for their 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, including Hawaii.

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 public health risks to the people of the State caused by these practices. The legislature believes that eliminating the sale of fur products in the State will decrease the demand for these cruelly produced and environmentally harmful products, promote community awareness of animal welfare, and, in turn, foster a more humane environment in Hawaii and enhance the reputation of the State.

Accordingly, 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 or part thereof with hair, fleece, or fur fibers attached thereto, 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 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 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 purpose of taxidermy.

"Nonprofit organization" means any corporation that is organized under title 26 United States Code section 501(c)(3) and is created 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 an individual who buys a fur product for the individual'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. (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.

(b) For the purposes of this section, the sale, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration of a fur product shall be deemed to occur in the State if:

(1) The buyer takes physical possession of the fur product in the State; or

(2) The seller is located in the State.

§ -3 Exemptions. The prohibition in section -2 shall not apply to the sale, offer for sale, display for sale, trade, or distribution of:

(1) A used fur product by an individual, 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.

§ -4 Penalties. Any person who violates this chapter shall be subject to a fine not to exceed $1,000. Each fur product sold, offered for sale, displayed for sale, traded, or distributed in violation of this chapter and each day on which any such violation occurs 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 begun 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:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	215
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII