Section 407.315

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2018   

  407.315.  American Indian art or craft, no sale unless authentic — penalty. — 1.  As used in this section, the following terms mean:

  (1)  "American Indian", a person who is a citizen or enrolled member of an American Indian tribe;

  (2)  "American Indian tribe", any Indian tribe federally recognized by the Bureau of Indian Affairs of the United States Department of the Interior;

  (3)  "Authentic American Indian art or craft", any article of American Indian style, make, origin, or design that was made wholly or in part by American Indian labor and workmanship including, but not limited to, any Kachina doll, rosette, necklace, choker, barrette, hair tie, medallion, pin, pendant, bolo tie, belt, belt buckle, cuff links, tie clasp, tie bar, ring, earring, purse, blanket, shawl, moccasin, drum, or pottery or any visual or performing arts or literature;

  (4)  "Imitation American Indian art or craft", any basic article purporting to be of American Indian style, make, origin, or design that was not made by American Indian labor and workmanship;

  (5)  "Merchant", any person engaged in the sale to the public of imitation American Indian art or craft or authentic American Indian art or craft.

  2.  No merchant shall distribute, trade, sell, or offer for sale or trade within this state any article represented as being made by American Indians unless the article is an authentic American Indian art or craft.  All such articles purporting to be of silver shall be made of coin or sterling silver.

  3.  Any merchant who knowingly and willfully tags or labels any article as being an American Indian art or craft when it does not meet the specifications of this section shall be subject to a fine of not less than twenty-five dollars and not more than two hundred dollars, to imprisonment for not less than thirty days and not more than ninety days, or to both such fine and imprisonment.

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(L. 2018 H.B. 1832)