Fur products: prohibition.

Existing federal law requires that fur products be labeled with the names of any animals used, the manufacturer, the country of origin, and other specified information. Existing state law makes it unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of specified species of animals. Existing state law, except as specified, requires every person, other than a fur dealer, who traps fur-bearing mammals or nongame mammals, designated by the Fish and Game Commission, or who sells raw furs of those mammals, to procure a trapping license from the Department of Fish and Wildlife. Existing law provides that products or handicraft items made from fur-bearing mammals and nongame mammals lawfully taken under the authority of a trapping license may be purchased or sold at any time. Existing law authorizes the commission to adopt regulations regarding the taking and sale of mammals taken under a trapping license. Under existing law, the provisions governing trapping in the Fish and Game Code do not apply to, or prohibit the propagation of, fur-bearing mammals that are confined in accordance with regulations of the commission. Existing law generally makes violations of provisions relating to fish and wildlife a crime. This bill would make it unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product, as defined, in the state. The bill would also make it unlawful to manufacture a fur product in the state for sale. The bill would exempt from these prohibitions used fur products, as defined, fur products used for specified purposes, and any activity expressly authorized by federal law. The bill would require a person that sells or trades any fur product exempt from this prohibition to maintain records of each sale or trade of an exempt fur product for at least one year, except as provided. The bill would provide that a person who violates these prohibitions may be subject to specified civil penalties. The bill would, in lieu of seeking criminal prosecution, authorize the department, the Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of one of these prohibitions occurs to bring a civil action to recover the civil penalty. The bill would require the civil penalty to be deposited in the Fish and Game Preservation Fund and to be used exclusively for specified purposes, including for the enforcement of these provisions. The bill would also authorize the recovery of the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness' fees, which would be required to be credited to the same operating funds as that from which the expenditures for those purposes were derived. The bill would provide that these provisions are severable. The bill would make a conforming change. The bill would make these provisions operative on January 1, 2023. This bill would incorporate additional changes to Section 3039 of the Fish and Game Code proposed by AB 273 to be operative only if this bill and AB 273 are enacted and this bill is enacted last.