Donkey product trade ban

Summary#

The bill would ban most trade in donkeys, donkey hides, and products containing ejiao (a gelatin made from donkey skin) in interstate and international commerce in the United States. Its main goal is to stop U.S. importation and sale of ejiao and to reduce demand that the bill says is driving donkey slaughter and harming communities abroad.

Key changes:

  • Prohibits knowingly importing, exporting, transporting, selling, receiving, acquiring, or purchasing donkeys or donkey hides in U.S. interstate or foreign commerce when the purpose is producing ejiao.
  • Prohibits knowingly importing, exporting, transporting, selling, receiving, acquiring, or purchasing any product containing ejiao in U.S. interstate or foreign commerce (including online sales).
  • Establishes civil penalties (up to $10,000 per violation) and criminal penalties (up to $20,000 and 5 years prison for high-value violations; lower penalties for other knowing or negligent violations).
  • Provides for forfeiture of animals, hides, products containing ejiao, and equipment used in felony violations; requires convicted persons or penalty payers to cover storage and care costs for seized items.
  • Assigns enforcement to U.S. Customs and Border Protection and the Secretary of the Interior, with powers to detain, inspect, arrest in certain circumstances, and pay rewards from penalty receipts for information or temporary donkey care.

What it means for you#

  • Importers and exporters: You cannot knowingly bring into or send out of the U.S. donkeys, donkey hides, or products containing ejiao in interstate or foreign commerce. Shipments may be detained and seized at the border.
  • Online and retail sellers: Selling products that contain ejiao across state lines or internationally to or from the U.S. would be prohibited. Marketplaces and sellers could face civil or criminal penalties for knowing violations.
  • Buyers and consumers: Purchasing or receiving products that contain ejiao in interstate or foreign commerce would be prohibited if done knowingly. This includes purchases made over the internet from out-of-state or foreign sellers.
  • Transporters and carriers: Moving donkeys, donkey hides, or ejiao products across state lines or in international shipments could subject carriers to inspection, detention, seizure, and penalties if the shipment is for ejiao.
  • Donkey owners and farmers: The bill defines “donkey” broadly to include donkeys, mules, burros, and hinnies. The prohibition applies when the purpose is producing ejiao; the bill does not clearly exempt other lawful uses or purely intrastate activity that is not in interstate commerce.
  • Law enforcement and federal agencies: U.S. Customs and Border Protection and the Interior Department would enforce the law and may use other agencies or state authorities under agreements. They are given arrest, search, and seizure powers (subject to warrant rules and guidelines).
  • Businesses that import ingredients or finished products: Companies that import herbal or cosmetic products should check whether their products contain ejiao. The bill does not describe a labeling system for identifying ejiao.

Expenses#

No publicly available information.

Possible cost-related points from the bill text:

  • The bill allows penalties, fines, and forfeited property proceeds to be used to pay rewards for informants and to reimburse reasonable costs for temporary care of seized donkeys. This creates a funding flow but does not supply an initial appropriation.
  • The bill may increase enforcement workload for Customs and Border Protection and the Interior Department and could require use of other federal, state, or tribal personnel or facilities by agreement (with or without reimbursement).
  • Persons convicted or assessed civil penalties must pay storage, care, and maintenance costs for seized animals or products; forfeiture procedures and disposition are governed by existing customs and federal law.

Proponents' View#

The bill appears intended to:

  • Reduce U.S. demand for ejiao products, which the bill links to large-scale slaughter of donkeys and declining donkey populations abroad.
  • Protect livelihoods in poorer countries that rely on donkeys for farming, transport, and household needs by discouraging the international trade in donkey skins.
  • Close market channels (including internet sales) that the bill sees as contributing to illegal theft and slaughter of donkeys.
  • Encourage use of alternative gelatins (including plant-based options) by removing U.S. market access for ejiao-containing products.

These goals and rationales are stated in the bill’s findings.

Opponents' View#

The bill’s text raises several concerns or open questions:

  • Proof of purpose: The bill prohibits trade “for the purpose of producing ejiao.” It is not clear how authorities must prove the seller’s or transporter’s concrete purpose in many transactions.
  • Scope and coverage: The law targets interstate and foreign commerce. It is unclear how it would apply to strictly local (intrastate) sales or to mixed shipments where ejiao content is not obvious.
  • Identification of products: The bill does not set out a labelling, testing, or certification process to identify products that contain ejiao. That may make enforcement and compliance harder.
  • Forfeiture without culpability: The forfeiture provisions apply notwithstanding some culpability requirements for penalties or prosecution. This raises questions about when property may be seized even if criminal intent is disputed.
  • Enforcement burden and costs: The bill authorizes enforcement powers for federal officers and could increase inspections, seizures, and legal proceedings. The bill does not provide a fiscal estimate or appropriation to cover initial enforcement costs.
  • Impact on small businesses and consumers: Civil and criminal penalties may affect small importers, retailers, or individual buyers who unknowingly possess or trade ejiao-containing products; the bill’s mental-state standards vary by penalty tier but could still pose legal risk.

What is unclear:

  • How regulators will identify ejiao in mixed-ingredient products.
  • How the law will be coordinated with state laws and with agricultural, trade, and animal-welfare rules in importing countries.