[Congressional Record Volume 145, Number 81 (Wednesday, June 9, 1999)]
[Senate]
[Pages S6797-S6798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROTH (for himself, Mr. Smith of New Hampshire, Mr. Levin, 
        and Mr. Schumer):
  S. 1197. 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; to the Committee on 
Commerce, Science, and Transportation.


                   DOG AND CAT PROTECTION ACT OF 1999

  Mr. ROTH. Mr. President, I rise today to introduce legislation that 
runs to the heart of who we are and what we hold dear and meaningful in 
our lives.
  There is a special relationship between men, women, children, and 
their family pets--particularly their dogs and cats.
  I have been profoundly affected in my life because of the animals 
that transcended emotional boundaries to become true and meaningful 
friends--even a part of the family. I can name every dog I've owned 
since I was a boy.
  I can tell you their qualities, their peculiarities, their 
preferences and dislikes. Even now, my wife Jane and I--our children 
and grandchildren--are surrounded by the most loyal St. Bernards in the 
world. They--as all the pets we've had--speak volumes about strong and 
lasting friendship.
  You can understand, given this background, that I am outraged to 
learn that there are clothing articles imported into America that are 
made from the fur of these precious animals.
  I'm outraged to learn that dog and cat fur is being used in a wide 
variety of products, including fur coats and jackets.
  I'm outraged to learn from the Humane Society of the United States 
that more than two million dogs and cats are killed annually as part of 
the fur trade, and that many retailers in the U.S. who sell these items 
are doing so unaware of their content.
  To respond to this growing problem, I'm introducing legislation 
today, the Dog and Cat Protection Act of 1999, to prohibit the domestic 
sale, manufacture, transportation, and distribution of products made 
with cat or dog fur.
  My legislation requires all fur products to be labelled, closing a 
loophole in the current law, and it will ban deceptive or misleading 
labelling of these products so consumers and retailers can buy with 
confidence, knowing that they are not supporting this tragic process.
  With this legislation, our message will be clear: No matter where in 
the world this merchandise is made, there will be no legitimate market 
for it here--not in the United States.
  This is important legislation. It will provide uniformity of 
regulations and prevent conflicts between states. It will give the 
Justice Department the ability to enforce the law and prosecute those 
who may try to get around it.
  And the U.S. Customs Service would be able to function as the first 
line of defense. I appreciate the work being done by the Humane Society 
of the United States and many other important organizations to heighten 
our awareness of these kinds of issues.
  And I look forward to working with my colleagues to see this 
legislation enacted into law. Thank you, Mr. President.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S6798]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1197

       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.
                                 ______