S.623/H.965:

The Commonwealth of Massachusetts

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General

Court assembled:

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:

SECTION 1. New Chapter 110I to Title XV Regulation of Trade of the General Laws is hereby added:

Chapter 110I: Trade of Fur Products

§ 1. Purpose and Findings

(a)   The General Court 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 most inexpensive methods of slaughter available, including suffocation, electrocution, gas, and poison.

(b)   Considering the many alternatives available for fashion and apparel, the General Court finds that the demand for fur products does not justify the unnecessary killing and cruel treatment of animals.

(c)   The General Court believes that eliminating the sale of certain fur products in the Commonwealth of Massachusetts will promote community awareness of animal welfare and, in turn, will foster a more humane environment in Massachusetts.

§ 2. Terms defined

For the purposes of this chapter the following terms have the following meanings

(a)   “Fur”, any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.

(b)   (1) “Fur product”, 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, and home accessories and décor, that is made in whole or part of fur.

(2)   “Fur product” does not include any of the following:

(i)             A dog or cat fur product, as defined in 19 U.S.C. § 1308;

(ii)            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;

(iii)          Cowhide with the hair attached thereto;

(iv)          Lambskin or sheepskin with the fleece attached thereto; or

(v)            The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.

(c)   “Non-profit organization”, any corporation that is organized under 26 U.S.C. § 501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.

(d)    “Taxidermy”, the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in a lifelike form.

(e)   “Ultimate consumer”, an individual who buys a fur product for their own use, or the use of another, but not for resale or trade.

(f)     “Used fur product”, a fur product that has been worn or used by an ultimate consumer.   

§ 3. Fur Product Prohibition; exemptions; penalties

(a)   Notwithstanding M.G.L.A. 266 § 79 or any other provision of law, it is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the Commonwealth of Massachusetts.

(b)   The prohibitions outlined in this Section do not apply to the sale, offer for sale, displaying for sale, trade, or distribution of:

(1)   a used fur product by an individual (excluding a retail transaction), non-profit organization, or second-hand store, including a pawn shop;

(2)   a fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized or state-recognized Native American tribe; or

(3)   a fur product where the activity is expressly authorized by federal or state law.          

(c)   A person convicted of a violation of this Chapter shall be fined no less than five hundred dollars nor more than five thousand dollars per fur product.

SECTION 2.     Severability.

If any section, subsection, or paragraph of this Act shall be held unconstitutional either on its face or as applied, the unconstitutionality of the section, subsection, or paragraph, or of the application thereof, shall not affect the other sections, subsections, and paragraphs of this Act, and the applications thereof; and to that end the sections, subsections, and paragraphs of this Act are intended to be severable.

SECTION 3.     Effective date.

This Act shall take effect no later than 180 days following the passage of this Act.