16 U.S.C. § 5305a — Prohibition on sale, importation, or exportation of products labeled or advertised as rhinoceros or tiger products
submitted 28 years ago by Pub. L. 103-391 to r/title-16-CONSERVATION · 345 words · no verdicts yet
A person may not sell, import, export, or attempt those acts for a human-use product containing, or labeled or advertised as containing, rhinoceros or tiger material. The section provides criminal and civil penalties, forfeiture, regulations, enforcement, and use of penalties.
(a) A person may not sell, import, export, or attempt those acts for a product, item, or substance intended for human consumption or application that contains, or is labeled or advertised as containing, material derived from any rhinoceros or tiger species. (b)(1) An importer, exporter, or distributor engaged in business who knowingly violates (a) may be fined under title 18, imprisoned up to six months, or both. (2)(A) The Secretary may assess up to $12,000 per violation against a knowing violator and against a business importer, exporter, or distributor who violates (a). (B) Assessment and collection follow Endangered Species Act section 11(a). (c) Anything sold, imported, exported, or attempted in violation of this section or its regulations is subject to seizure and forfeiture to the United States. (d) After consulting the Treasury and Health and Human Services Secretaries and the United States Trade Representative, the Secretary must issue appropriate regulations. (e) The Secretary, Treasury Secretary, and Secretary of the department in which the Coast Guard operates must enforce this section as the Secretaries enforce Endangered Species Act section 11(e). (f) Penalties, fines, and forfeitures must be used as section 3375(d) provides.
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.
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.
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.
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)).
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.
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.
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)).
Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 3375(d) of this title.
Source credit: (Pub. L. 103–391, § 7, as added Pub. L. 105–312, title IV, § 405(2), Oct. 30, 1998, 112 Stat. 2960.)
- 1998Enacted · Pub. L. 103-391 · 112 Stat. 2960
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-391 on 1998-10-30.
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