[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1197 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1197

 To prohibit the importation of products made with dog or cat fur, to 
  prohibit the sale, manufacture, offer for sale, transportation, and 
distribution of products made with dog or cat fur in the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1999

 Mr. Roth (for himself, Mr. Smith of New Hampshire, Mr. Levin, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To prohibit the importation of products made with dog or cat fur, to 
  prohibit the sale, manufacture, offer for sale, transportation, and 
distribution of products made with dog or cat fur in the United States, 
                        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 ``Dog and Cat Protection Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) An estimated 2,000,000 dogs and cats are slaughtered 
        and sold annually as part of the international fur trade. 
        Internationally, dog and cat fur is used in a wide variety of 
        products, including fur coats and jackets, fur-trimmed 
        garments, hats, gloves, decorative accessories, stuffed 
        animals, and other toys.
            (2) As demonstrated by forensic tests, dog and cat fur 
        products are being imported into the United States, in some 
        cases with deceptive labeling to conceal the use of dog or cat 
        fur.
            (3) Dog and cat fur, when dyed, is not easily 
        distinguishable to persons who are not experts from other furs 
        such as fox, rabbit, coyote, wolf, and mink. Dog and cat fur is 
        generally less expensive than other types of fur and may be 
        used as a substitute for more expensive types of furs.
            (4) Foreign fur producers use dogs and cats bred for their 
        fur, and also use strays and stolen pets.
            (5) The methods of housing, transporting, and slaughtering 
        dogs and cats for fur production are generally unregulated and 
        inhumane.
    (b) Purposes.--The purposes of this Act are--
            (1) to prohibit the sale, manufacture, offer for sale, 
        transportation, and distribution in the United States of dog 
        and cat fur products;
            (2) to require accurate labeling of fur species so that 
        consumers in the United States can make informed choices; and
            (3) to prohibit the trade in, both imports and exports of, 
        dog and cat fur products, to ensure that the United States 
        market does not encourage the slaughter of dogs or cats for 
        their fur, and to ensure that the purposes of this Act are not 
        undermined.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Dog fur.--The term ``dog fur'' means the pelt or skin 
        of any animal of the species canis familiaris.
            (2) Cat fur.--The term ``cat fur'' means the pelt or skin 
        of any animal of the species felis catus.
            (3) United states.--The term ``United States'' means the 
        customs territory of the United States, as defined in general 
        note 2 of the Harmonized Tariff Schedule of the United States.
            (4) Commerce.--The term ``commerce'' means transportation 
        for sale, trade, or use between any State, territory, or 
        possession of the United States, or the District of Columbia, 
        and any place outside thereof.
            (5) Dog or cat fur product.--The term ``dog or cat fur 
        product'' means any item of merchandise which consists, or is 
        composed in whole or in part, of any dog fur, cat fur, or both.
            (6) Person.--The term ``person'' includes any individual, 
        partnership, corporation, association, organization, business 
        trust, government entity, or other entity.
            (7) Interested party.--The term ``interested party'' means 
        any person having a contractual, financial, humane, or other 
        interest.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (9) Duly authorized officer.--The term ``duly authorized 
        officer'' means any United States Customs officer, any agent of 
        the Federal Bureau of Investigation, or any agent or other 
        person authorized by law or designated by the Secretary to 
        enforce the provisions of this Act.

SEC. 4. PROHIBITIONS.

    (a) Prohibition on Manufacture, Sale, and Other Activities.--No 
person in the United States or subject to the jurisdiction of the 
United States may introduce into commerce, manufacture for introduction 
into commerce, sell, trade, or advertise in commerce, offer to sell, or 
transport or distribute in commerce, any dog or cat fur product.
    (b) Imports and Exports.--No dog or cat fur product may be imported 
into, or exported from, the United States.

SEC. 5. LABELING.

    Section 2(d) of the Fur Products Labeling Act (15 U.S.C. 69(d)) is 
amended by striking ``; except that such term shall not include such 
articles as the Commission shall exempt by reason of the relatively 
small quantity or value of the fur or used fur contained therein''.

SEC. 6. ENFORCEMENT.

    (a) In General.--The Secretary, either independently or in 
cooperation with the States, political subdivisions thereof, and 
interested parties, is authorized to carry out operations and measures 
to eradicate and prevent the activities prohibited by section 4.
    (b) Inspections.--A duly authorized officer may, upon his own 
initiative or upon the request of any interested party, detain for 
inspection and inspect any product, package, crate, or other container, 
including its contents, and all accompanying documents to determine 
compliance with this Act.
    (c) Seizures and Arrests.--If a duly authorized officer has 
reasonable cause to believe that there has been a violation of this Act 
or any regulation issued under this Act, such officer may search and 
seize, with or without a warrant, the item suspected of being the 
subject of the violation, and may arrest the owner of the item. An item 
so seized shall be held by any person authorized by the Secretary 
pending disposition of civil or criminal proceedings.
    (d) Burden of Proof.--The burden of proof shall lie with the owner 
to establish that the item seized is not a dog or cat fur product 
subject to forfeiture and civil penalty under section 7.
    (e) Action by U.S. Attorney.--Upon presentation by a duly 
authorized officer or any interested party of credible evidence that a 
violation of this Act or any regulation issued under this Act has 
occurred, the United States Attorney with jurisdiction over the 
suspected violation shall investigate the matter and shall take 
appropriate action under this Act.
    (f) Citizen Suits.--Any person may commence a civil suit to compel 
the Secretary to implement and enforce this Act, or to enjoin any 
person from taking action in violation of any provision of this Act or 
any regulation issued under this Act.
    (g) Reward.--The Secretary may pay a reward to any person who 
furnishes information which leads to an arrest, criminal conviction, 
civil penalty assessment, or forfeiture of property for any violation 
of this Act or any regulation issued under this Act.
    (h) Regulations.--
            (1) In general.--The Secretary shall issue final 
        regulations, after notice and opportunity for public comment, 
        to implement this Act within 180 days after the date of 
        enactment of this Act.
            (2) Fees.--The Secretary may charge reasonable fees for 
        expenses to the Government connected with permits or 
        certificates authorized by this Act, including expenses for--
                    (A) processing applications;
                    (B) reasonable inspections; and
                    (C) the transfer, handling, or storage of 
                evidentiary items seized and forfeited under this Act.
        All fees collected pursuant to this paragraph shall be 
        deposited in the Treasury in an account specifically designated 
        for enforcement of this Act and available only for that 
        purpose.

SEC. 7. PENALTIES.

    (a) Civil Penalty.--Any person who violates any provision of this 
Act or any regulation issued under this Act may be assessed a civil 
penalty of not more than $25,000 for each violation.
    (b) Criminal Penalty.--Any person who knowingly violates any 
provision of this Act or any regulation issued under this Act shall, 
upon conviction for each violation, be imprisoned for not more than 1 
year, fined in accordance with title 18, United States Code, or both.
    (c) Forfeiture.--Any dog or cat fur product that is the subject of 
a violation of this Act or any regulation issued under this Act shall 
be subject to seizure and forfeiture to the same extent as any 
merchandise imported in violation of the customs laws.
    (d) Injunction.--Any person who violates any provision of this Act 
or any regulation issued under this Act may be enjoined from further 
sales of any fur products.
    (e) Applicability.--The penalties in this section apply to 
violations occurring on or after the date of enactment of this Act.
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