American Indian art or craft, no sale unless authentic
A store or seller cannot sell or trade something as being made by American Indians unless it was actually made by American Indian people. If an item is sold as American Indian silver work, it must be made of real coin or sterling silver. A seller who knowingly puts a false label on an item calling it American Indian art can be fined and possibly jailed.
407.315. American Indian art or craft, no sale unless authentic — . — 1. As used in this section, the following terms mean:
(1) "American Indian", a person who is a citizen or of an American Indian tribe;
(2) "American Indian tribe", any Indian tribe federally by the Bureau of Indian Affairs of the United States 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, , necklace, choker, barrette, hair tie, medallion, pin, pendant, , 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 to be of American Indian style, make, origin, or design that was not made by American Indian labor and workmanship;
(5) "", 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 , 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 .
3. Any merchant who tags or labels any article as being an American Indian art or craft when it does not meet the 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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Source & history notes
(L. 2018 H.B. 1832)
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