[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5544 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5544
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
September 23, 2025
Mr. Beyer (for himself, Mr. Steube, Ms. Titus, Mr. Fitzpatrick, Mr.
Gottheimer, and Mr. Carson) introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committees on Natural Resources, Foreign Affairs, Homeland Security,
and the Judiciary, 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 2025''.
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) In February 2024, the African Union adopted a
moratorium on the donkey skin trade, signaling a potential end
to the legal slaughter of hundreds of thousands of donkeys
within the continent. The moratorium now needs to be
implemented at the national level by the members of the African
Union. This implies potential growth in the illegal trade and
expansion into other markets in Asia and Latin America.
(16) The leading importers in the world for ejiao are Hong
Kong and Japan. 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.
(c) Rule of Construction.--The prohibitions under this section may
not be construed to alter or otherwise affect any prohibition or other
protection with respect to a species of donkey listed as a threatened
species or an endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
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
Commissioner of U.S. Customs and Border Protection 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) Determination of amount.--In determining the amount of
any penalty assessed under this subsection, the Commissioner
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, and shall apply
existing procedures relating to the assessment and mitigation
of penalties of violations of section 596 of the Tariff Act of
1930 (19 U.S.C. 1595a) as the Commissioner determines
appropriate.
(b) Review of Civil Penalty.--Any person against whom a civil
penalty is assessed under this section may obtain review thereof in the
Court of International Trade 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 Commissioner, the
Attorney General, and the appropriate United States attorney. The
Commissioner 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 Commissioner, the Commissioner 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.
(c) 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 U.S. Customs and Border Protection may, for the purposes of this
Act, also be exercised or performed by the Secretary of Homeland
Security or by such persons as that Secretary may designate.
(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 U.S. Customs and Border
Protection and the Secretary of the Interior. The Secretary of Homeland
Security, the Secretary of Agriculture, or the Secretary of Interior
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, in accordance with
applicable warrant requirements applying with respect
to officers of U.S. Customs and Border Protection
relating to searches at the border or elsewhere and 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
Commissioner of U.S. Customs and Border Protection, 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 Commissioner 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 Commissioner
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
Commissiner.
(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 criminal
action arising under this Act. The venue provisions of title 18 and
title 28 of the United States Code shall apply to any criminal action
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 Commissioner of U.S. Customs and
Border Protection, or the Secretary of the Interior, 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, in an amount designated by the
Commissioner or Secretary, as applicable, 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) 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'' has the meaning given such
term for purposes of section 596 of the Tariff Act of 1930 (19
U.S.C. 1595a) and include any introduction or attempt to
introduce an article into the United States.
(4) Taken.--The term ``taken'' means captured, killed, or
collected.
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