Bill Summary
The Ejiao Act of 2023 prohibits the transportation, sale, and purchase of donkeys and products containing ejiao, with penalties and sanctions outlined for violations. The Forfeiture section discusses the penalties for violating the Act and the enforcement of it by authorized individuals. Lastly, Section 7 provides definitions for key terms used throughout the Act.
Possible Impacts
1. The Ejiao Act of 2023 will have a significant impact on impoverished communities and global donkey populations, as it prohibits the transportation, sale, and purchase of donkeys or donkey hides for the purpose of producing ejiao.
2. Individuals who violate the provisions of the Act may face serious penalties and sanctions, including civil penalties of up to $10,000 for each violation and potential prison sentences.
3. The legislation also includes provisions for the forfeiture of donkeys, donkey hides, and products containing ejiao, as well as any vessels or equipment used in violation of the Act. This may result in significant financial losses and impact the operations of individuals or businesses involved in the trade.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6021 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6021
To prohibit the transportation, sale, and purchase of donkeys or donkey
hides for the purpose of producing ejiao, to prohibit the
transportation, sale, and purchase of products containing ejiao, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 2023
Mr. Beyer introduced the following bill
October 25, 2023
Referred to the Committee on Energy and Commerce, and in addition to
the Committees on Ways and Means, Foreign Affairs, the Judiciary, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the transportation, sale, and purchase of donkeys or donkey
hides for the purpose of producing ejiao, to prohibit the
transportation, sale, and purchase of products containing ejiao, and
for other purposes.
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 ``Ejiao Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Ejiao is a gelatin created from the skins of donkeys
which is used in traditional Chinese medicine, beauty,
cosmetic, and other luxury products.
(2) The donkey skin trade for the production of ejiao is
decimating global donkey populations and harming impoverished
global communities.
(3) Studies have shown that the use of ejiao is unnecessary
in the production of these products since the gelatins from
other sources, including plants, may be used instead.
(4) Millions of donkeys are slaughtered annually for their
skins to make ejiao.
(5) The domestic Chinese and international demand for
donkey skins is approximately 8,000,000 to 10,000,000 skins per
year but the annual supply in China is less than 1,800,000.
(6) Such demand has led to the slaughter of massive numbers
of donkeys across the globe, decimating donkey populations,
most notably in Africa and Latin America.
(7) Such demand has had devastating effects on the families
who depend on donkeys for survival, such as for farming and
construction; transporting water to drink, cook, and clean;
taking products to market for sale; and transporting children
to school.
(8) A report by the Kenya Agricultural and Livestock
Research Organization said that 159,631 donkeys were
slaughtered for their skins, 8.1 percent of the population, in
2018. Today, up to 1,000 donkeys a day can be slaughtered in
Kenya alone, more than 300,000 a year.
(9) Donkeys are regularly stolen and killed illegally
solely for their skins. Moreover, donkeys are often stolen from
families who depend on them for their livelihoods, and who are
already struggling and living below the regional poverty line.
(10) Where owners willingly sell their donkeys, they find
that within months they are worse off financially than they
would have been had they kept their donkeys. As prices
constantly rise, it becomes impossible for these owners to go
back into the market for a new donkey.
(11) Although ejiao products are expensive, as the Chinese
middle class has expanded, demand for ejiao products has
exploded over the course of the last decade. As a result, the
donkey population in China has collapsed by 76 percent since
1992.
(12) Ejiao companies have set up donkey breeding schemes in
China in an attempt to breed the species on a scale sufficient
to meet local demand. But due to the long gestation period of
donkeys, and the fact that they often only give birth once a
year, breeders have not been able to satisfy demand from within
China, which is why ejiao companies have turned to Africa and
Latin America to satisfy demand for ejiao.
(13) A crisis in donkey populations has been met with
varied responses from affected countries. Bans in the trade of
donkey skins in seven African countries have been poorly
enforced or overturned.
(14) As demand for ejiao continues unabated, donkey
populations in lower-income countries continue to nosedive,
despite governmental efforts to outlaw the trade.
(15) A number of United States-based companies have already
pledged to remove from the market all products containing
ejiao. Despite this, far too many United States-based companies
continue to sell products containing ejiao.
(16) The leading importers in the world for ejiao are
mainland China and Hong Kong. However, the United States is the
third largest importer of ejiao, with $12,000,000 in annual
imports of ejiao each year.
SEC. 3. PROHIBITIONS.
(a) Donkeys and Donkey Hides.--No person shall knowingly import,
export, transport, sell, receive, acquire, or purchase, in interstate
or foreign commerce, in the United States, any donkey or donkey hide
for the purpose of producing--
(1) ejiao; or
(2) any product containing ejiao.
(b) Products With Ejiao.--No person shall knowingly import, export,
transport, sell, receive, acquire, or purchase, in interstate or
foreign commerce (including by means of the internet), in the United
States, any product containing ejiao.
SEC. 4. PENALTIES AND SANCTIONS.
(a) Civil Penalties.--
(1) In general.--Any person who engages in conduct
prohibited by section 3 may be assessed a civil penalty by the
Secretary of not more than $10,000 for each such violation.
Each violation shall be a separate offense and the offense
shall be deemed to have been committed not only in the district
where the violation first occurred, but also in any district in
which a person may have taken or been in possession of--
(A) in the case of a violation of section 3(a), the
donkey or donkey hide; or
(B) in the case of a violation of section 3(b), the
product containing ejiao.
(2) Notice and opportunity for hearing.--No civil penalty
may be assessed under this subsection unless the person accused
of the violation is given notice and opportunity for a hearing
with respect to the violation.
(3) Determination of amount.--In determining the amount of
any penalty assessed under this subsection, the Secretary shall
take into account the nature, circumstances, extent, and
gravity of the prohibited act committed, and with respect to
the violator, the degree of culpability, ability to pay, and
such other matters as justice may require.
(b) Hearings.--Hearings held during proceedings for the assessment
of civil penalties under this section shall be conducted in accordance
with section 554 of title 5, United States Code. The administrative law
judge may issue subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, or documents, and may
administer oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid to witnesses in the courts of the United States.
In case of contumacy or refusal to obey a subpoena issued pursuant to
this subsection and served upon any person, the district court of the
United States for any district in which such person is found, resides,
or transacts business, upon application by the United States and after
notice to such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the
administrative law judge or to appear and produce documents before the
administrative law judge, or both, and any failure to obey such order
of the court may be punished by such court as a contempt thereof.
(c) Review of Civil Penalty.--Any person against whom a civil
penalty is assessed under this section may obtain review thereof in the
appropriate district court of the United States by filing a complaint
in such court within 30 days after the date of such order and by
simultaneously serving a copy of the complaint by certified mail on the
Secretary, the Attorney General, and the appropriate United States
attorney. The Secretary shall promptly file in such court a certified
copy of the record upon which such violation was found or such penalty
imposed, as provided in section 2112 of title 28, United States Code.
If any person fails to pay an assessment of a civil penalty after it
has become a final and unappealable order or after the appropriate
court has entered final judgment in favor of the Secretary, the
Secretary may request the Attorney General of the United States to
institute a civil action in an appropriate district court of the United
States to collect the penalty, and such court shall have jurisdiction
to hear and decide any such action. In hearing such action, the court
shall have authority to review the violation and the assessment of the
civil penalty de novo.
(d) Criminal Penalties.--
(1) Import or export; value in excess of $350.--Any person
who--
(A) in violation of section 3, knowingly imports or
exports--
(i) any donkey or donkey hide; or
(ii) any product containing ejiao; or
(B) violates section 3 by knowingly engaging in
conduct that involves the sale or purchase of, the
offer of sale or purchase of, or the intent to sell or
purchase--
(i) any donkey or donkey hide with a market
value in excess of $350; or
(ii) any product containing ejiao with a
market value in excess of $350,
knowing that the donkey, donkey hide, or product containing
ejiao was taken, possessed, transported, or sold in violation
of such section, shall be fined not more than $20,000
(notwithstanding the maximum fine amount otherwise applicable
under section 3751 of title 18, United States Code), or
imprisoned for not more than 5 years, or both. Each violation
shall be a separate offense and the offense shall be deemed to
have been committed not only in the district where the
violation first occurred, but also in any district in which the
defendant may have taken or been in possession of such donkey,
donkey hide, or product containing ejiao.
(2) Other prohibited conduct.--Any person who knowingly
engages in conduct prohibited by section 3 and in the exercise
of due care should know that the donkey, donkey hide, or
product containing ejiao was taken, possessed, transported, or
sold in violation of such section shall be fined not more than
$10,000 (notwithstanding the maximum fine amount otherwise
applicable under section 3751 of title 18, United States Code),
or imprisoned for not more than 1 year, or both. Each violation
shall be a separate offense and the offense shall be deemed to
have been committed not only in the district where the
violation first occurred, but also in any district in which the
defendant may have taken or been in possession of such donkey,
donkey hide, or product containing ejiao.
SEC. 5. FORFEITURE.
(a) In General.--
(1) Donkeys and donkey hides.--All donkeys or donkey hides
imported, exported, transported, sold, received, acquired, or
purchased contrary to the provisions of section 3(a), or any
regulation issued pursuant to such section, shall be subject to
forfeiture to the United States notwithstanding any culpability
requirements for civil penalty assessment or criminal
prosecution included in section 4.
(2) Products with ejiao.--All products containing ejiao
imported, exported, transported, sold, received, acquired, or
purchased contrary to the provisions of section 3(b), or any
regulation issued pursuant to such section, shall be subject to
forfeiture to the United States notwithstanding any culpability
requirements for civil penalty assessment or criminal
prosecution included in section 4.
(3) Equipment.--All vessels, vehicles, aircraft, and other
equipment used to aid in the importing, exporting,
transporting, selling, receiving, acquiring, or purchasing of
donkeys, donkey hides, or products containing ejiao in a
criminal violation of this Act for which a felony conviction is
obtained shall be subject to forfeiture to the United States
if--
(A) the owner of such vessel, vehicle, aircraft, or
equipment was at the time of the alleged illegal act a
consenting party or privy thereto or in the exercise of
due care should have known that such vessel, vehicle,
aircraft, or equipment would be used in a criminal
violation of this Act; and
(B) the violation involved--
(i) the sale or purchase of, the offer of
sale or purchase of, or the intent to sell or
purchase, a donkey or donkey hide; or
(ii) the import, export, transportation,
sale, receipt, acquisition, or purchase of a
product containing ejiao.
(b) Application of Customs Laws.--All provisions of law relating to
the seizure, forfeiture, and condemnation of property for violation of
the customs laws, the disposition of such property or the proceeds from
the sale thereof, and the remission or mitigation of such forfeiture,
shall apply to the seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this Act, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this Act; except that all powers, rights, and duties
conferred or imposed by the customs laws upon any officer or employee
of the Treasury Department may, for the purposes of this Act, also be
exercised or performed by the Secretary or by such persons as the
Secretary may designate: Provided, That any warrant for search or
seizure shall be issued in accordance with rule 41 of the Federal Rules
of Criminal Procedure.
(c) Storage Cost.--Any person convicted of an offense, or assessed
a civil penalty, under section 4 shall be liable for the costs incurred
in the storage, care, and maintenance of any donkey, donkey hide, or
product containing ejiao seized in connection with the violation
concerned.
(d) Civil Forfeitures.--Civil forfeitures under this section shall
be governed by the provisions of chapter 46 of title 18, United States
Code.
SEC. 6. ENFORCEMENT.
(a) In General.--The provisions of this Act and any regulations
issued pursuant thereto shall be enforced by the Secretary, the
Secretary of Transportation, or the Secretary of the Treasury. Such
Secretary may utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal agency or any
State agency or Indian tribe for purposes of enforcing this Act.
(b) Powers.--
(1) In general.--Any person authorized under subsection (a)
to enforce this Act--
(A) may carry firearms;
(B) may, when enforcing this Act, make an arrest
without a warrant, in accordance with any guidelines
which may be issued by the Attorney General, for any
offense under the laws of the United States committed
in the person's presence, or for the commission of any
felony under the laws of the United States, if the
person has reasonable grounds to believe that the
person to be arrested has committed or is committing a
felony;
(C) may search and seize, with or without a
warrant, in accordance with any guidelines which may be
issued by the Attorney General: Provided, That an
arrest for a felony violation of this Act that is not
committed in the presence or view of any such person
and that involves only the transportation, acquisition,
receipt, purchase, or sale of a donkey, donkey hide, or
product containing ejiao taken or possessed in
violation of any law or regulation of any State shall
require a warrant;
(D) may make an arrest without a warrant for a
misdemeanor violation of this Act if he has reasonable
grounds to believe that the person to be arrested is
committing a violation in his presence or view; and
(E) may execute and serve any subpoena, arrest
warrant, search warrant issued in accordance with rule
41 of the Federal Rules of Criminal Procedure, or other
warrant of civil or criminal process issued by any
officer or court of competent jurisdiction for
enforcement of this Act.
(2) Detention and inspection.--Any person authorized under
subsection (a) to enforce this Act, in coordination with the
Secretary of the Treasury, may detain for inspection and
inspect any vessel, vehicle, aircraft, or other conveyance or
any package, crate, or other container, including its contents,
upon the arrival of such conveyance or container in the United
States or the customs waters of the United States from any
point outside the United States or such customs waters, or, if
such conveyance or container is being used for exportation
purposes, prior to departure from the United States or the
customs waters of the United States. Such person may also
inspect and demand the production of any documents and permits
required by the country of natal origin, birth, or reexport of
the donkey. Any donkey, donkey hide, product containing ejiao,
property, or item seized shall be held by any person authorized
by the Secretary pending disposition of civil or criminal
proceedings, or the institution of an action in rem for
forfeiture of such donkey, donkey hide, product containing
ejiao, property, or item pursuant to section 5 of this Act;
except that the Secretary may, in lieu of holding such donkey,
donkey hide, product containing ejiao, property, or item,
permit the owner or consignee to post a bond or other surety
satisfactory to the Secretary.
(c) District Court Jurisdiction.--The several district courts of
the United States, including the courts enumerated in section 460 of
title 28, United States Code, shall have jurisdiction over any actions
arising under this Act. The venue provisions of title 18 and title 28
of the United States Code shall apply to any actions arising under this
Act. The judges of the district courts of the United States and the
United States magistrates may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue such
warrants or other process as may be required for enforcement of this
Act and any regulations issued thereunder.
(d) Rewards and Certain Incidental Expenses.--
(1) In general.--The Secretary or the Secretary of the
Treasury shall pay, from sums received as penalties, fines, or
forfeitures of property for any violation of this Act or any
regulation issued hereunder--
(A) a reward to any person who furnishes
information which leads to an arrest, a criminal
conviction, civil penalty assessment, or forfeiture of
property for any violation of this Act or any
regulation issued hereunder; and
(B) the reasonable and necessary costs incurred by
any person in providing temporary care for any donkey
pending the disposition of any civil or criminal
proceeding alleging a violation of this Act with
respect to that donkey.
(2) Amount.--The amount of the reward referred to in
paragraph (1)(A), if any, is to be designated by the Secretary
or the Secretary of the Treasury, as appropriate.
(3) Ineligibility.--Any officer or employee of the United
States or any State or local government who furnishes
information or renders service in the performance of his
official duties is ineligible for payment under this
subsection.
SEC. 7. DEFINITIONS.
In this Act:
(1) Donkey.--The term ``donkey'' means a wild, feral, or
domestic donkey, ass, mule, burro, or hinny, including Equus
africanus and Equus asinus.
(2) Ejiao.--The term ``ejiao'' means a gelatin created from
the skin of a donkey (also known as ``gelatina nigra'').
(3) Import.--The term ``import'' means to land on, bring
into, or introduce into, any place subject to the jurisdiction
of the United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(4) Secretary.--The term ``Secretary'' means, except as
otherwise provided, the Secretary of Commerce.
(5) Taken.--The term ``taken'' means captured, killed, or
collected.
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