16 U.S.C. § 5305a: Prohibition on sale…

Summary

You must not sell, import, export, or try to sell, import, or export any product meant to be eaten or put on the body that contains, or is labeled or advertised as containing, anything made from any rhinoceros or tiger. Items moved or offered in violation can be seized and turned over to the United States. Businesses that knowingly break this rule can face criminal penalties: fines under Title 18, up to 6 months in jail, or both. Anyone who knowingly breaks the rule, including importers, exporters, or distributors, can also be charged a civil penalty up to $12,000 for each violation, collected like civil penalties under the Endangered Species Act (16 U.S.C. 1540(a)). The Secretary must make rules to carry out the ban after talking with the Secretary of the Treasury, the Secretary of Health and Human Services, and the U.S. Trade Representative. Enforcement will be done by the Secretary, the Secretary of the Treasury, and the Secretary of the department where the Coast Guard operates, in the same way they enforce section 11(e) of the Endangered Species Act (16 U.S.C. 1540(e)). Money from fines, penalties, or forfeited property must be used under section 3375(d) of this title.

Title 16, §5305a

Conservation, Source: USLM XML via OLRC

(a)Prohibition

A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.

(b)Penalties

(1)Criminal penalty

A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, imprisoned not more than 6 months, or both.

(2)Civil penalties

(A)In general

A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation.

(B)Manner of assessment and collection

A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.] may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)).

(c)Products, items, and substances

Any product, item, or substance sold, imported, or exported, or attempted to be sold, imported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States.

(d)Regulations

After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Representative, the Secretary shall issue such regulations as are appropriate to carry out this section.

(e)Enforcement

The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)).

(f)Use of penalty amounts

Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 3375(d) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (b)(2)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of this title and Tables.

Prior Provisions

A prior section 7 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 of this title.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§5305a Prohibition on Sale, Importation, or Exportation of Products Labeled or Advertised as Rhinoceros or Tiger Products