UPDATED: Legislatures in New Jersey and New York have passed bills prohibiting the sale of products containing ivory

June 26, 2014

Legislatures in New Jersey and New York have passed bills prohibiting the sale of products containing ivory (including elephant, mammoth and walrus).  As of June 26, both bills were awaiting signature by the Governor.

The New Jersey bill (S2012) is the most severe, imposing a total ban on importing, selling, offering to sell, purchasing, or possessing with intent to sell any ivory product including musical instruments regardless of the product's age.  The bill allows the state Department of Environmental Protection to issue rules permitting import, possession or sale for bona fide educational or scientific purposes.  A first offender can be fined $1,000 or twice the total value of the ivory product, whichever is greater.

The New York bill (S7890) is similar, but allows exceptions to the ban for (a) a bona fide antique that has less than 20% by volume of ivory and the antique status can be established by the owner or seller of the product through "historical documentation evidencing provenance and showing the antique to be not less than 100 years old," and (b) a musical instrument containing ivory which was manufactured not later than 1975.  The Department of Environmental Conservation is authorized to issue rules setting forth what kind of documentation an instrument seller must have to demonstrate provenance and manufacture date.

The musical instrument exception was added in the late stages of legislative debate as a result of efforts by a coalition of music industry groups including NAMM.

New York's Department of Environmental Conservation requires any seller of ivory-containing products to obtain a permit to do so from the agency.

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Update: New Jersey Governor Chris Christie has signed the bill into law, effectively banning the sale or import of ivory.