[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[House]
[Pages H6194-H6196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRUTH IN FUR LABELING ACT OF 2009
Mr. SARBANES. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2480) to improve the accuracy of fur product labeling, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2480
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Fur Labeling Act of
2009''.
SEC. 2. ELIMINATION OF EXEMPTION TO FUR PRODUCT LABELING
REQUIREMENTS FOR PRODUCTS CONTAINING RELATIVELY
SMALL QUANTITIES OR VALUES OF FUR.
(a) In General.--Section 2(d) of the Fur Products Labeling
Act (15 U.S.C. 69(d)) is amended by striking ``; except
that'' and all that follows through ``contained therein''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
SEC. 3. EXEMPTION FOR DISCRETE SALES BY NON-RETAILERS.
Section 3 of the Fur Products Labeling Act (15 U.S.C. 69a)
is amended by adding at the end the following:
``(g) No provision of this Act shall apply to a fur
product--
``(1) the fur of which was obtained from an animal through
trapping or hunting; and
``(2) 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.''.
SEC. 4. FEDERAL TRADE COMMISSION REVIEW OF FUR PRODUCTS NAME
GUIDE.
Not later than 90 days after the date of the enactment of
this Act, the Federal Trade Commission shall 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).
SEC. 5. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentleman from Kentucky (Mr. Whitfield)
each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to include extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2480, the Truth in Fur
Labeling Act.
I want to begin by thanking Representative Moran from Virginia for
introducing this bill and Representatives Rush, Waxman, Whitfield, and
Barton for moving this bill through the committee process.
H.R. 2480 is a commonsense, bipartisan bill that, with one exception,
requires all articles of apparel containing fur to be labeled
regardless of the cost of the garment. This legislation will make clear
to consumers and retailers exactly which products contain fur and which
do not.
During committee consideration, one exception was added to these
requirements. An amendment by Mr. Latta was accepted by voice vote to
exempt from the labeling requirements those fur products that are sold
by hunters and trappers out of their homes or at fairs or at other
temporary spaces. This exemption is extremely limited. It applies only
to fur sold by the individual who actually hunted or trapped the animal
when the sale of such furs is not the primary source of income for that
individual. The bill also directs the Federal Trade Commission to
update the Fur Products Name Guide, which has been criticized as
inaccurate and outdated.
As indicated, this bill enjoys very broad support from Members on
both sides of the aisle. I urge my colleagues to support it.
I reserve the balance of my time.
{time} 1310
Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may
consume.
I also would like to thank Congressman Moran for being a real leader
on this legislation, and I certainly want to thank Chairman Rush and
Chairman Waxman and others on the Energy and Commerce Committee.
This legislation, as Mr. Sarbanes adequately described, is relatively
simple. It simply amends the Fur Products
[[Page H6195]]
Labeling Act of 1951. That act required accuracy in the labeling of fur
products and apparel, but it did not apply to any apparel sold for less
than $150.
A series of recent investigations revealed that a significant number
of clothes designers and retailers were selling some fur-trimmed
garments described as faux or raccoon or coyote or mink or whatever,
when actually it turned out to be dog fur or something else. As a
matter of fact, of 38 jackets subjected to very specific tests, every
single garment of those 38 was either unlabeled or it contained a label
that misidentified the animal's fur that was used in that garment. And
so this legislation is about transparency, providing consumers with
accurate information on what they're buying.
Eighty-seven percent of garments sold in the U.S. today with fur
already are required to abide by this. This will simply require the
other 13 percent, those valued below $150, to abide by the same law.
And consumer protection organizations, retail, and even the fashion
industry all support this legislation. And I would urge our colleagues
to support it as well.
I yield back the balance of my time.
Mr. SARBANES. Mr. Speaker, I want to, again, salute my colleagues for
making this a bipartisan effort. I think there's a consensus of opinion
that the more information that's available to the consumer, to the
retailer, the better off we all are. I mean, in many respects that's
the essence of a consumer protection initiative is to make sure that
people who are purchasing these products actually have good
information, truth in labeling at their fingertips.
I did want to salute the efforts of the Humane Society of the United
States because they have been very responsible and persistent advocates
on these issues over many, many, many years. As a result of those
efforts, Americans have been learning more and more about some of the
unsavory practices--it was just referred to by my colleague--when it
comes to the sale of these fur products and how they're manufactured
and what the source of the fur is. And, as a result, consumers want to
know more, rightly. They justifiably want to understand more about
where those products come from and be in a position to support the many
businesses who are actually doing the right thing and are engaged in
good, positive, best practices when it comes to marketing these
products that contain fur.
And so I think that this bill that's been brought forward by my
colleague, Mr. Moran, the Truth in Fur Labeling Act, is going to help
to advance that goal. And again, I'm very pleased that it has the
bipartisan support that was indicated.
I did want to cite some of the information that was gleaned through a
few investigations that were initiated by The Humane Society. They
discovered that there were dozens of designers and retailers--Mr.
Whitfield has referred to this--that were selling some of these fur-
trimmed jackets as faux or raccoon or coyote, or they weren't labeled
at all. And you could find these in many of the retailers whose names
you know. And they looked at 38 jackets. They subjected them to the
spectrometry test which allows you to look and see exactly what the
source of it is.
Many of them, as I say, that were identified as faux, of the 38
jackets that were looked at, every single garment was either unlabeled,
contained a label that misidentified the animal, or was falsely
advertised with this faux label. Three of the jackets advertised as
fake fur, two of which had no label, were found to contain fur from
domestic dogs. Now, this goes in contravention of legislation that's
already on the books. But if you don't have that labeling imperative at
work, then this kind of thing can slide through.
Designers, retailers, and consumers, as a result of this, get put in
a position where they can't have confidence that what they're getting--
whether it's faux fur or real, and if real, from what animal--is
something that they can count on, especially, I might add, when it is a
source from China, based on some of the investigations that have been
done. So that's why this legislation is so critical.
As a result of the very broad support it has, and based on its merits
and the substance of it, I would urge my colleagues to support its
passage today.
Mr. Speaker, I am pleased to yield such time as she may consume to
Representative Sutton from Ohio, who is a member of the Energy and
Commerce Committee and sits on the subcommittee that had jurisdiction
with respect to this particular piece of legislation.
Ms. SUTTON. Mr. Speaker, I rise today in support of H.R. 2480, the
Truth in Fur Labeling Act.
Mr. Speaker, consumers should be able to make informed decisions on
what they're purchasing. When fur is not labeled because the value is
below a certain level, a consumer may believe that no fur is used, even
when it is. This bill will fix that problem by requiring that all fur
apparel have labels, regardless of the value.
It's alarming when investigations reveal that dog fur and other
animal furs are being sold to consumers who thought that they had
merely purchased fake fur. Labels on all fur products will allow
consumers to know what they are buying for themselves and their
families, and it will help us disclose the truth about the type of fur
that is being used on garments.
I urge a ``yes'' vote on this bill.
Mr. MORAN of Virginia. Mr. Speaker, I rise today in support of the
Truth in Fur Labeling Act, legislation I introduced along with
Representative Mary Bono Mack.
The Fur Products Labeling Act of 1951 requires that animal fur
garments be labeled with the name of the species used, manufacturer,
country of origin, and other information.
That law protects consumers by providing product information and
letting them know whether the product is made from real animal fur, and
if so, what type of fur.
A provision in that labeling law, however, exempts products with a
``relatively small quantity or value'' of fur.
Since 1998, the Federal Trade Commission has set that amount at $150.
Many garments--such as jackets, sweaters, vests, and accessories--
that are only trimmed with animal fur fall below this $150 threshold.
And because that threshold includes only the cost of the fur, not the
total cost of the garment, even products containing several pelts could
fall below the limit.
Products without labels, which are estimated to account for 13
percent of the fur garment market, pose a significant problem for
consumers.
Some consumers may be allergic to certain fur products. Absent a
label, they may buy a product that they assume is faux fur, but turns
out to contain real fur that can impact their health.
Also, many consumers have strong moral objections to purchasing real
fur products or have concerns about the use of certain species.
Without labels, how are customers supposed to know what they are
buying?
At its core, this is a consumers' rights bill.
And consumers have a right to be skeptical about the accuracy of the
information they receive when buying products at retail outlets.
A series of recent investigations by The Humane Society of the United
States revealed that dozens of designers and retailers were selling
fur-trimmed jackets advertised as ``faux,'' ``raccoon,'' ``coyote,'' or
not labeled at all, which turned out to be raccoon dog, domestic dog,
or wolf.
The problem is complicated by the increasing use of dyeing and
shearing on fur products.
If customers see pink, orange, blue, or sheared trim, they often
assume it is synthetic because it is not labeled and does not resemble
an animal's fur.
Quite simply, the current labeling law has not kept up with changes
in the marketplace.
The only way to ensure consumers have all the information they
deserve is by removing the $150 loophole and requiring labels on all
fur products.
This bill has the support of designers and retailers such as Gucci,
Burberry, Saks Fifth Avenue, Bloomingdale's, Macy's, and Tommy
Hilfiger.
These companies recognize the need for clear and consistent standards
as a way to ensure consumer confidence in the products they sell.
It is also supported by National Association of Consumer Agency
Administrators (NACAA), an organization representing more than 160
government agencies and 50 corporate consumer offices.
This bill has been vetted thoroughly and modified at both the
Subcommittee and Committee level to address valid concerns raised by
the Members of the Minority, including the addition of language
excluding from the labeling requirements small amounts of homemade
products made by hunters and trappers.
Finally, it is important to note that this bill would in no way
restrict any trade in fur or any methods of producing fur.
[[Page H6196]]
Again, this is about giving all consumers, whether they have a closet
full of fur garments or wouldn't be caught dead in one, the complete
information they need to make enlightened purchasing decisions.
This is a commonsense bill that deserves broad support, and I ask my
colleagues to vote for its passage.
Mr. BLUMENAUER. Mr. Speaker, I am proud to support H.R. 2480, the
Truth in Fur Labeling Act. This legislation is an important step for
consumers and animals. It is also basic common sense. It removes a
loophole that has kept consumers from knowing what they're buying and
enforces a law that Congress passed ten years ago.
We all deserve to know what we're buying. However, the current fur
labeling exemption is unclear and out of date, leaving consumers in the
dark. Consumers often end up buying real fur that they are told is fake
or domestic dog fur mislabeled as raccoon fur. If a product has less
than $150 worth of fur on it, it doesn't even need to be labeled at
all. That means that a $500 coat with $150 worth of fur on the collar
and cuffs does not require a label. Based on approximate pelt prices
after tanning and dressing, that coat could be made using the fur from
30 rabbits, three Arctic foxes, one otter or one timber wolf, without
requiring any sort of label. That does not provide consumers with
adequate protection and doesn't allow them to make informed decisions.
The Truth in Fur Labeling Act will remedy the situation and give
consumers the ability to make choices for themselves, rather than being
kept in the dark or even deceived.
I am proud to support this legislation today, and am pleased to see
the widespread support it has received from outside organizations,
including such diverse groups as the Humane Society of the United
States, Macy's and Saks Fifth Avenue. I hope that my colleagues will
join me in protecting consumer rights and animal welfare.
Mr. SARBANES. Mr. Speaker, again, I urge the support of this bill
from my colleagues, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules
and pass the bill, H.R. 2480, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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