SPONSOR:   

Rep. M Marshall & Sen. Henry

 

Reps. Keeley, Maier, McWilliams, Valihura; Sen. Connor

 

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

 

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 216

 

 

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES.

 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

 

Section 1.  Amend Chapter 25, Title 6 of the Delaware Code by inserting a new § 2508 as follows:

“§ 2508.  Sale of fur-containing apparel; requirements.

(a)  No merchant shall sell, offer or display for sale any coat, jacket, garment, or other wearing apparel made wholly or partially of animal fur, regardless of the price of the wearing apparel or the amount or value of the fur contained therein, without having attached to and conspicuously displayed on such apparel a tag, label or sticker that clearly and legibly states in English that such apparel contains real animal fur.

 (b)  This section shall apply only to new apparel that is sold by a merchant to a retail consumer in the first instance, and shall not apply to the re-sale of such apparel by second-hand, consignment, goodwill or similar “re-sell” merchants.

(c)  This section shall apply only to the sale of new wearing apparel sold by a merchant in a retail store only.

(d)  Any merchant found to be in violation of this section shall be subject to a civil penalty of $200 per incident, regardless of the total number of articles of wearing apparel found in violation of this section during an incident.

                (e)  This Act shall become effective and enforceable on June 1, 2010.

SYNOPSIS

The purpose of this Act is to ensure that the retail consumer has notice, prior to purchase, when apparel contains real animal fur.  Accordingly, this Act establishes requirements that must be met by a merchant that sells, offers or displays for sale new apparel that contains real animal fur.  In addition, this Act provides a civil penalty of $200 per incident.