House Passes Fur Labeling Bill, Would Remove $150 Exemption
On July 28, 2010, the House amended and passed H.R. 2480, the Truth in Fur Labeling Act of 2010.
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(Although the House has passed H.R. 2480, it is not yet in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate, and then the bill must be approved (enacted) by the President.)
Most Apparel with Fur Would Need to be Labeled
If enacted into law, the Truth in Fur Labeling Act of 2010 would require most apparel with fur to be labeled. The bill’s provisions include the following:
Remove Low Value Exemption
H.R. 2480 would remove the de minimis value exemption from federal fur labeling requirements (15 USC 69(d)). As a result, fur apparel articles would be required to have a label (unless exempted, see below), not just apparel articles with fur valued over the $150 de minimis amount. The removal of the exemption would take effect 90 days after the date of enactment of the Act.1
(Current federal law requires fur products be labeled with the names of any animals used, the manufacturer, 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
The bill would also 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.
FTC Review of Fur Products Name Guide
The bill would require the Federal Trade Commission to publish in the Federal Register notice of, and an opportunity to comment on, a review of the Fur Products Name Guide (16 CFR. 301.0) within 90 days of the enactment of the Act.2
1In 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.
2This provision was originally in the bill, but removed during the House Energy and Commerce Committee’s markup, was included.
(See ITT’s Online Archives or 07/21/10 news, 10072130, for details of the Committee-reported version of this bill.
See ITT’s Online Archives or 07/29/10 news, 10072912, for BP summary announcing that the housed passed this bill.)