Details of Committee-Reported Fur Labeling Bill
On July 15, 2010, the House Energy and Commerce Committee ordered reported, as amended, H.R. 2480, Truth in Fur Labeling Act of 2010.
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Most Apparel with Fur Would Need to be Labeled
The Truth in Fur Labeling Act of 2010, as amended and ordered reported by the Committee, would:
Remove low value exemption - remove the de minimis value exemption from federal fur labeling requirements (15 USC 69(d)). As a result, fur apparel would be required to have a label (unless exempted, see below), not just apparel with fur valued over the $150 de minimis amount.
(Current federal law requires fur products be labeled with the names of any animals used, the manufacture, the country of origin, and other specified information, but exempts fur products with relatively small value of fur (less than $150). The de minimis exemption is not available for the importation or sale of dog or cat fur.)
Exempt discrete sales by non-retailers -- amend 15 USC 69a to state that the Fur Products Labeling Act would not apply to a fur product if the fur of which was obtained from an animal through trapping or hunting; and when sold in a face to face transaction at a place such as a residence, craft fair, or other location used on a temporary or short term basis, by the person who trapped or hunted the animal, where the revenue from the sale of apparel or fur products is not the primary source of income of such person.
(This is a new section added as a result of the Committee markup.)
State/Local Rights, FTC Name Guide Provisions Removed from Bill
As introduced, the bill would have amended 15 USC 69(j) to state that nothing in the Act shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any provision of State or local law that provides more restrictive labeling requirements for fur products than what is provided for in the Act. However, this was deleted as a result of the Commerce, Trade, and Consumer Protection Subcommittee markup.
The requirement that the Federal Trade Commission review its Fur Products Name Guide (16 USC 301.0) was also deleted as a result of the Committee markup.
FTC to Explore De Minimis Exemption During its 2011 Review
In its written hearing statement, the Federal Trade Commission expressed support for H.R. 2480 and stated that it plans to explore eliminating the de minimis exemption during its currently scheduled 2011 review of the Fur Rules. The FTC notes that legislation would be the most efficient and expeditious means to eliminate the exemption and that if legislation is enacted, the FTC states that it would move quickly to revise the Fur Rules to reflect the new law.
(See ITT’s Online Archives or 05/17/10 news, 10051713, for BP summary of the original version of the bill.
See ITT’s Online Archives or 07/16/10 news, 10071612, for previous BP summary announcing the bill was reported.)