I 

118TH CONGRESS 

1ST SESSION H. R. 6021 

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 

OCTOBER 24, 2023 

Mr. BEYER introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on Energy and Commerce, and in addition to the 

Committees on Ways and Means, Foreign Affairs, the Judiciary, and 

Transportation and Infrastructure, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ejiao Act of 2023’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Ejiao is a gelatin created from the skins of 

4 donkeys which is used in traditional Chinese medi5 cine, beauty, cosmetic, and other luxury products. 

6 (2) The donkey skin trade for the production of 

7 ejiao is decimating global donkey populations and 

8 harming impoverished global communities. 

9 (3) Studies have shown that the use of ejiao is 

10 unnecessary in the production of these products 

11 since the gelatins from other sources, including 

12 plants, may be used instead. 

13 (4) Millions of donkeys are slaughtered annu14 ally for their skins to make ejiao. 

15 (5) The domestic Chinese and international de16 mand for donkey skins is approximately 8,000,000 

17 to 10,000,000 skins per year but the annual supply 

18 in China is less than 1,800,000. 

19 (6) Such demand has led to the slaughter of 

20 massive numbers of donkeys across the globe, deci21 mating donkey populations, most notably in Africa 

22 and Latin America. 

23 (7) Such demand has had devastating effects on 

24 the families who depend on donkeys for survival, 

25 such as for farming and construction; transporting 


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1 water to drink, cook, and clean; taking products to 

2 market for sale; and transporting children to school. 

3 (8) A report by the Kenya Agricultural and 

4 Livestock Research Organization said that 159,631 

5 donkeys were slaughtered for their skins, 8.1 percent 

6 of the population, in 2018. Today, up to 1,000 don7 keys a day can be slaughtered in Kenya alone, more 

8 than 300,000 a year. 

9 (9) Donkeys are regularly stolen and killed ille10 gally solely for their skins. Moreover, donkeys are 

11 often stolen from families who depend on them for 

12 their livelihoods, and who are already struggling and 

13 living below the regional poverty line. 

14 (10) Where owners willingly sell their donkeys, 

15 they find that within months they are worse off fi16 nancially than they would have been had they kept 

17 their donkeys. As prices constantly rise, it becomes 

18 impossible for these owners to go back into the mar19 ket for a new donkey. 

20 (11) Although ejiao products are expensive, as 

21 the Chinese middle class has expanded, demand for 

22 ejiao products has exploded over the course of the 

23 last decade. As a result, the donkey population in 

24 China has collapsed by 76 percent since 1992. 


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1 (12) Ejiao companies have set up donkey breed2 ing schemes in China in an attempt to breed the 

3 species on a scale sufficient to meet local demand. 

4 But due to the long gestation period of donkeys, and 

5 the fact that they often only give birth once a year, 

6 breeders have not been able to satisfy demand from 

7 within China, which is why ejiao companies have 

8 turned to Africa and Latin America to satisfy de9 mand for ejiao. 

10 (13) A crisis in donkey populations has been 

11 met with varied responses from affected countries. 

12 Bans in the trade of donkey skins in seven African 

13 countries have been poorly enforced or overturned. 

14 (14) As demand for ejiao continues unabated, 

15 donkey populations in lower-income countries con16 tinue to nosedive, despite governmental efforts to 

17 outlaw the trade. 

18 (15) A number of United States-based compa19 nies have already pledged to remove from the mar20 ket all products containing ejiao. Despite this, far 

21 too many United States-based companies continue to 

22 sell products containing ejiao. 

23 (16) The leading importers in the world for 

24 ejiao are mainland China and Hong Kong. However, 

25 the United States is the third largest importer of 


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1 ejiao, with $12,000,000 in annual imports of ejiao 

2 each year. 

3 SEC. 3. PROHIBITIONS. 

4 (a) DONKEYS AND DONKEY HIDES.—No person shall 

5 knowingly import, export, transport, sell, receive, acquire, 

6 or purchase, in interstate or foreign commerce, in the 

7 United States, any donkey or donkey hide for the purpose 

8 of producing— 

9 (1) ejiao; or 

10 (2) any product containing ejiao. 

11 (b) PRODUCTS WITH EJIAO.—No person shall know12 ingly import, export, transport, sell, receive, acquire, or 

13 purchase, in interstate or foreign commerce (including by 

14 means of the internet), in the United States, any product 

15 containing ejiao. 

16 SEC. 4. PENALTIES AND SANCTIONS. 

17 (a) CIVIL PENALTIES.— 

18 (1) IN GENERAL.—Any person who engages in 

19 conduct prohibited by section 3 may be assessed a 

20 civil penalty by the Secretary of not more than 

21 $10,000 for each such violation. Each violation shall 

22 be a separate offense and the offense shall be 

23 deemed to have been committed not only in the dis24 trict where the violation first occurred, but also in 


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1 any district in which a person may have taken or 

2 been in possession of— 

3 (A) in the case of a violation of section 

4 3(a), the donkey or donkey hide; or 

5 (B) in the case of a violation of section 

6 3(b), the product containing ejiao. 

7 (2) NOTICE AND OPPORTUNITY FOR HEAR8 ING.—No civil penalty may be assessed under this 

9 subsection unless the person accused of the violation 

10 is given notice and opportunity for a hearing with 

11 respect to the violation. 

12 (3) DETERMINATION OF AMOUNT.—In deter13 mining the amount of any penalty assessed under 

14 this subsection, the Secretary shall take into account 

15 the nature, circumstances, extent, and gravity of the 

16 prohibited act committed, and with respect to the vi17 olator, the degree of culpability, ability to pay, and 

18 such other matters as justice may require. 

19 (b) HEARINGS.—Hearings held during proceedings 

20 for the assessment of civil penalties under this section 

21 shall be conducted in accordance with section 554 of title 

22 5, United States Code. The administrative law judge may 

23 issue subpoenas for the attendance and testimony of wit24 nesses and the production of relevant papers, books, or 

25 documents, and may administer oaths. Witnesses sumVerDate Sep 11 2014 23:20 Nov 06, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6021.IH H6021

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1 moned shall be paid the same fees and mileage that are 

2 paid to witnesses in the courts of the United States. In 

3 case of contumacy or refusal to obey a subpoena issued 

4 pursuant to this subsection and served upon any person, 

5 the district court of the United States for any district in 

6 which such person is found, resides, or transacts business, 

7 upon application by the United States and after notice to 

8 such person, shall have jurisdiction to issue an order re9 quiring such person to appear and give testimony before 

10 the administrative law judge or to appear and produce 

11 documents before the administrative law judge, or both, 

12 and any failure to obey such order of the court may be 

13 punished by such court as a contempt thereof. 

14 (c) REVIEW OF CIVIL PENALTY.—Any person against 

15 whom a civil penalty is assessed under this section may 

16 obtain review thereof in the appropriate district court of 

17 the United States by filing a complaint in such court with18 in 30 days after the date of such order and by simulta19 neously serving a copy of the complaint by certified mail 

20 on the Secretary, the Attorney General, and the appro21 priate United States attorney. The Secretary shall 

22 promptly file in such court a certified copy of the record 

23 upon which such violation was found or such penalty im24 posed, as provided in section 2112 of title 28, United 

25 States Code. If any person fails to pay an assessment of 


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1 a civil penalty after it has become a final and unappealable 

2 order or after the appropriate court has entered final judg3 ment in favor of the Secretary, the Secretary may request 

4 the Attorney General of the United States to institute a 

5 civil action in an appropriate district court of the United 

6 States to collect the penalty, and such court shall have 

7 jurisdiction to hear and decide any such action. In hearing 

8 such action, the court shall have authority to review the 

9 violation and the assessment of the civil penalty de novo. 

10 (d) CRIMINAL PENALTIES.— 

11 (1) IMPORT OR EXPORT; VALUE IN EXCESS OF

12 $350.—Any person who— 

13 (A) in violation of section 3, knowingly im14 ports or exports— 

15 (i) any donkey or donkey hide; or 

16 (ii) any product containing ejiao; or 

17 (B) violates section 3 by knowingly engag18 ing in conduct that involves the sale or pur19 chase of, the offer of sale or purchase of, or the 

20 intent to sell or purchase— 

21 (i) any donkey or donkey hide with a 

22 market value in excess of $350; or 

23 (ii) any product containing ejiao with 

24 a market value in excess of $350, 


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1 knowing that the donkey, donkey hide, or product 

2 containing ejiao was taken, possessed, transported, 

3 or sold in violation of such section, shall be fined not 

4 more than $20,000 (notwithstanding the maximum 

5 fine amount otherwise applicable under section 3751 

6 of title 18, United States Code), or imprisoned for 

7 not more than 5 years, or both. Each violation shall 

8 be a separate offense and the offense shall be 

9 deemed to have been committed not only in the dis10 trict where the violation first occurred, but also in 

11 any district in which the defendant may have taken 

12 or been in possession of such donkey, donkey hide, 

13 or product containing ejiao. 

14 (2) OTHER PROHIBITED CONDUCT.—Any per15 son who knowingly engages in conduct prohibited by 

16 section 3 and in the exercise of due care should 

17 know that the donkey, donkey hide, or product con18 taining ejiao was taken, possessed, transported, or 

19 sold in violation of such section shall be fined not 

20 more than $10,000 (notwithstanding the maximum 

21 fine amount otherwise applicable under section 3751 

22 of title 18, United States Code), or imprisoned for 

23 not more than 1 year, or both. Each violation shall 

24 be a separate offense and the offense shall be 

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1 trict where the violation first occurred, but also in 

2 any district in which the defendant may have taken 

3 or been in possession of such donkey, donkey hide, 

4 or product containing ejiao. 

5 SEC. 5. FORFEITURE. 

6 (a) IN GENERAL.— 

7 (1) DONKEYS AND DONKEY HIDES.—All don8 keys or donkey hides imported, exported, trans9 ported, sold, received, acquired, or purchased con10 trary to the provisions of section 3(a), or any regula11 tion issued pursuant to such section, shall be subject 

12 to forfeiture to the United States notwithstanding 

13 any culpability requirements for civil penalty assess14 ment or criminal prosecution included in section 4. 

15 (2) PRODUCTS WITH EJIAO.—All products con16 taining ejiao imported, exported, transported, sold, 

17 received, acquired, or purchased contrary to the pro18 visions of section 3(b), or any regulation issued pur19 suant to such section, shall be subject to forfeiture 

20 to the United States notwithstanding any culpability 

21 requirements for civil penalty assessment or criminal 

22 prosecution included in section 4. 

23 (3) EQUIPMENT.—All vessels, vehicles, aircraft, 

24 and other equipment used to aid in the importing, 

25 exporting, transporting, selling, receiving, acquiring, 


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1 or purchasing of donkeys, donkey hides, or products 

2 containing ejiao in a criminal violation of this Act 

3 for which a felony conviction is obtained shall be 

4 subject to forfeiture to the United States if— 

5 (A) the owner of such vessel, vehicle, air6 craft, or equipment was at the time of the al7 leged illegal act a consenting party or privy 

8 thereto or in the exercise of due care should 

9 have known that such vessel, vehicle, aircraft, 

10 or equipment would be used in a criminal viola11 tion of this Act; and 

12 (B) the violation involved— 

13 (i) the sale or purchase of, the offer 

14 of sale or purchase of, or the intent to sell 

15 or purchase, a donkey or donkey hide; or 

16 (ii) the import, export, transportation, 

17 sale, receipt, acquisition, or purchase of a 

18 product containing ejiao. 

19 (b) APPLICATION OF CUSTOMS LAWS.—All provisions 

20 of law relating to the seizure, forfeiture, and condemnation 

21 of property for violation of the customs laws, the disposi22 tion of such property or the proceeds from the sale thereof, 

23 and the remission or mitigation of such forfeiture, shall 

24 apply to the seizures and forfeitures incurred, or alleged 

25 to have been incurred, under the provisions of this Act, 


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1 insofar as such provisions of law are applicable and not 

2 inconsistent with the provisions of this Act; except that 

3 all powers, rights, and duties conferred or imposed by the 

4 customs laws upon any officer or employee of the Treasury 

5 Department may, for the purposes of this Act, also be ex6 ercised or performed by the Secretary or by such persons 

7 as the Secretary may designate: Provided, That any war8 rant for search or seizure shall be issued in accordance 

9 with rule 41 of the Federal Rules of Criminal Procedure. 

10 (c) STORAGE COST.—Any person convicted of an of11 fense, or assessed a civil penalty, under section 4 shall 

12 be liable for the costs incurred in the storage, care, and 

13 maintenance of any donkey, donkey hide, or product con14 taining ejiao seized in connection with the violation con15 cerned. 

16 (d) CIVIL FORFEITURES.—Civil forfeitures under 

17 this section shall be governed by the provisions of chapter 

18 46 of title 18, United States Code. 

19 SEC. 6. ENFORCEMENT. 

20 (a) IN GENERAL.—The provisions of this Act and 

21 any regulations issued pursuant thereto shall be enforced 

22 by the Secretary, the Secretary of Transportation, or the 

23 Secretary of the Treasury. Such Secretary may utilize by 

24 agreement, with or without reimbursement, the personnel, 

25 services, and facilities of any other Federal agency or any 


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1 State agency or Indian tribe for purposes of enforcing this 

2 Act. 

3 (b) POWERS.— 

4 (1) IN GENERAL.—Any person authorized 

5 under subsection (a) to enforce this Act— 

6 (A) may carry firearms; 

7 (B) may, when enforcing this Act, make an 

8 arrest without a warrant, in accordance with 

9 any guidelines which may be issued by the At10 torney General, for any offense under the laws 

11 of the United States committed in the person’s 

12 presence, or for the commission of any felony 

13 under the laws of the United States, if the per14 son has reasonable grounds to believe that the 

15 person to be arrested has committed or is com16 mitting a felony; 

17 (C) may search and seize, with or without 

18 a warrant, in accordance with any guidelines 

19 which may be issued by the Attorney General: 

20 Provided, That an arrest for a felony violation 

21 of this Act that is not committed in the pres22 ence or view of any such person and that in23 volves only the transportation, acquisition, re24 ceipt, purchase, or sale of a donkey, donkey 

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1 sessed in violation of any law or regulation of 

2 any State shall require a warrant; 

3 (D) may make an arrest without a warrant 

4 for a misdemeanor violation of this Act if he 

5 has reasonable grounds to believe that the per6 son to be arrested is committing a violation in 

7 his presence or view; and 

8 (E) may execute and serve any subpoena, 

9 arrest warrant, search warrant issued in ac10 cordance with rule 41 of the Federal Rules of 

11 Criminal Procedure, or other warrant of civil or 

12 criminal process issued by any officer or court 

13 of competent jurisdiction for enforcement of 

14 this Act. 

15 (2) DETENTION AND INSPECTION.—Any person 

16 authorized under subsection (a) to enforce this Act, 

17 in coordination with the Secretary of the Treasury, 

18 may detain for inspection and inspect any vessel, ve19 hicle, aircraft, or other conveyance or any package, 

20 crate, or other container, including its contents, 

21 upon the arrival of such conveyance or container in 

22 the United States or the customs waters of the 

23 United States from any point outside the United 

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1 poses, prior to departure from the United States or 

2 the customs waters of the United States. Such per3 son may also inspect and demand the production of 

4 any documents and permits required by the country 

5 of natal origin, birth, or reexport of the donkey. Any 

6 donkey, donkey hide, product containing ejiao, prop7 erty, or item seized shall be held by any person au8 thorized by the Secretary pending disposition of civil 

9 or criminal proceedings, or the institution of an ac10 tion in rem for forfeiture of such donkey, donkey 

11 hide, product containing ejiao, property, or item pur12 suant to section 5 of this Act; except that the Sec13 retary may, in lieu of holding such donkey, donkey 

14 hide, product containing ejiao, property, or item, 

15 permit the owner or consignee to post a bond or 

16 other surety satisfactory to the Secretary. 

17 (c) DISTRICT COURT JURISDICTION.—The several 

18 district courts of the United States, including the courts 

19 enumerated in section 460 of title 28, United States Code, 

20 shall have jurisdiction over any actions arising under this 

21 Act. The venue provisions of title 18 and title 28 of the 

22 United States Code shall apply to any actions arising 

23 under this Act. The judges of the district courts of the 

24 United States and the United States magistrates may, 

25 within their respective jurisdictions, upon proper oath or 


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1 affirmation showing probable cause, issue such warrants 

2 or other process as may be required for enforcement of 

3 this Act and any regulations issued thereunder. 

4 (d) REWARDS AND CERTAIN INCIDENTAL EX5 PENSES.— 

6 (1) IN GENERAL.—The Secretary or the Sec7 retary of the Treasury shall pay, from sums received 

8 as penalties, fines, or forfeitures of property for any 

9 violation of this Act or any regulation issued here10 under— 

11 (A) a reward to any person who furnishes 

12 information which leads to an arrest, a criminal 

13 conviction, civil penalty assessment, or for14 feiture of property for any violation of this Act 

15 or any regulation issued hereunder; and 

16 (B) the reasonable and necessary costs in17 curred by any person in providing temporary 

18 care for any donkey pending the disposition of 

19 any civil or criminal proceeding alleging a viola20 tion of this Act with respect to that donkey. 

21 (2) AMOUNT.—The amount of the reward re22 ferred to in paragraph (1)(A), if any, is to be des23 ignated by the Secretary or the Secretary of the 

24 Treasury, as appropriate. 


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1 (3) INELIGIBILITY.—Any officer or employee of 

2 the United States or any State or local government 

3 who furnishes information or renders service in the 

4 performance of his official duties is ineligible for 

5 payment under this subsection. 

6 SEC. 7. DEFINITIONS. 

7 In this Act: 

8 (1) DONKEY.—The term ‘‘donkey’’ means a 

9 wild, feral, or domestic donkey, ass, mule, burro, or 

10 hinny, including Equus africanus and Equus asinus. 

11 (2) EJIAO.—The term ‘‘ejiao’’ means a gelatin 

12 created from the skin of a donkey (also known as 

13 ‘‘gelatina nigra’’). 

14 (3) IMPORT.—The term ‘‘import’’ means to 

15 land on, bring into, or introduce into, any place sub16 ject to the jurisdiction of the United States, whether 

17 or not such landing, bringing, or introduction con18 stitutes an importation within the meaning of the 

19 customs laws of the United States. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ 

21 means, except as otherwise provided, the Secretary 

22 of Commerce. 

23 (5) TAKEN.—The term ‘‘taken’’ means cap24 tured, killed, or collected. 

Æ 


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