House Hearing Examines Bill to Require Labeling for All Apparel with Fur, Etc.
On May 13, 2010, the House Energy and Commerce Committee’s Subcommittee on Commerce, Trade, and Consumer Protection held a hearing on H.R. 2480, the Truth in Fur Labeling Act of 2009.
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H.R. 2480 Would Require All Apparel with Fur to be Labeled
The Truth in Fur Labeling Act of 2009 (H.R. 2480) is a bipartisan bill with 165 co-sponsors that would:
No low value exemption - remove the de minimis valueexemption from federal fur labeling requirements (15 USC 69(d)). As a result, all fur apparel would be required to have a label, 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 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.)
Review guide - require the Federal Trade Commission to review its Fur Products Name Guide (16 USC 301.0).
Reaffirm state, local right to adopt, enforce more restrictive requirements - amend 15 USC 69(j) to assure that any state or political subdivision thereof can adopt or enforce more restrictive labeling requirements for fur products than that provided in the federal Fur Labeling Products Act.
(Under the Fur Products Labeling Act, states are not preempted from passing additional or stricter regulations concerning the labeling of fur products. According to a congressional source, the purpose of this provision in H.R. 2480 is to reaffirm the right of states to adopt stricter restrictions.)
(Delaware, Massachusetts, New Jersey, New York, and Wisconsin currently have fur-labeling laws that are stronger than the federal law. In addition, the California State Assembly passed a law (which has not yet been enacted), which would eliminate the low-value exemption provided for in federal fur labeling law and provide penalties of up to $1,000 per article of clothing. (See ITT’s Online Archives or 04/09/10 news, 10040915, for BP summary of the California bill.))
Substantially Similar Bill Introduced In the Senate
A substantially similar bill, S. 1076, has been introduced in the Senate. S. 1076 was introduced on May 19, 2009, referred to the Committee on Commerce, Science, and Transportation, but has had no further action.
FTC to Explore Similar Exemption in 2011
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.
Hearing statements, webcast available at http://energycommerce.house.gov/index.php?option=com_content&view=article&id=2003:hearing-on-hr-4501-the-guarantee-of-a-legitimate-deal-act-and-hr-2480-the-truth-in-fur-labeling-act&catid=129:subcommittee-on-commerce-trade-and-consumer-protection&Itemid=70.