I

106TH CONGRESS

1ST SESSION H. R. 1622

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 HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. KLECZKA introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, 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 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.

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 ‘‘Dog and Cat Protec5 tion Act of 1999’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress makes the following find3 ings:

4 (1) An estimated 2,000,000 dogs and cats are

5 slaughtered and sold annually as part of the inter6 national fur trade. Internationally, dog and cat fur

7 is used in a wide variety of products, including fur

8 coats and jackets, fur-trimmed garments, hats,

9 gloves, decorative accessories, stuffed animals, and

10 other toys.

11 (2) There is no known dog or cat fur produc12 tion within the United States.

13 (3) As demonstrated by forensic tests, dog and

14 cat fur products are being imported into the United

15 States, in some cases with deceptive labeling to con16 ceal the use of dog or cat fur.

17 (4) Dog and cat fur, when dyed, is not easily

18 distinguishable to persons who are not experts from

19 other furs such as fox, rabbit, coyote, wolf, and

20 mink. Dog and cat fur is generally less expensive

21 than other types of fur and may be used as a sub22 stitute for more expensive types of furs.

23 (5) Foreign fur producers use dogs and cats

24 bred for their fur, and also use strays and stolen

25 pets.
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1 (6) The methods of housing, transporting, and

2 slaughtering dogs and cats in foreign countries for

3 fur production are generally unregulated and inhu4 mane. The animals are often held in cramped and

5 unsanitary quarters without adequate heat, food, or

6 water. Slaughter methods include hanging, drown7 ing, strangulation, and bleeding to death.

8 (b) PURPOSES.—The purposes of this Act are—

9 (1) to prohibit imports of dog and cat fur prod10 ucts and to ensure that the United States market

11 does not encourage the slaughter of dogs or cats for

12 their fur;

13 (2) to prohibit the sale, manufacture, offer for

14 sale, transportation, and distribution in the United

15 States of dog and cat fur products; and

16 (3) to require accurate labeling of fur species so

17 that consumers in the United States can make in18 formed choices.

19 SEC. 3. DEFINITIONS.

20 In this Act:

21 (1) DOG FUR.—The term ‘‘dog fur’’ means the

22 pelt or skin of any animal of the species canis

23 familiaris.

24 (2) CAT FUR.—The term ‘‘cat fur’’ means the

25 pelt or skin of any animal of the species felis catus.
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1 (3) UNITED STATES.—The term ‘‘United

2 States’’ means the customs territory of the United

3 States, as defined in general note 2 of the Har4 monized Tariff Schedule of the United States.

5 (4) COMMERCE.—The term ‘‘commerce’’ means

6 transportation for sale, trade, or use between any

7 State, territory, or possession of the United States,

8 or the District of Columbia, and any place outside

9 thereof.

10 (5) DOG OR CAT FUR PRODUCT.—The term

11 ‘‘dog or cat fur product’’ means any item of mer12 chandise which consists, or is composed in whole or

13 in part, of any dog fur, cat fur, or both.

14 (6) PERSON.—The term ‘‘person’’ includes any

15 individual, partnership, corporation, association, or16 ganization, business trust, government entity, or

17 other entity.

18 (7) INTERESTED PARTY.—The term ‘‘interested

19 party’’ means any person having a contractual, fi20 nancial, humane, or other interest.

21 (8) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Treasury.

23 (9) DULY AUTHORIZED OFFICER.—The term

24 ‘‘duly authorized officer’’ means any United States

25 Customs officer, any agent of the Federal Bureau of
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1 Investigation, or any agent or other person author2 ized by law or designated by the Secretary to enforce

3 the provisions of this Act.

4 SEC. 4. PROHIBITIONS.

5 (a) IMPORTS.—No dog or cat fur product may be im6 ported into the United States.

7 (b) PROHIBITION ON MANUFACTURE, SALE, AND

8 OTHER ACTIVITIES.—No person in the United States or

9 subject to the jurisdiction of the United States may intro10 duce into commerce, manufacture for introduction into

11 commerce, sell, trade, or advertise in commerce, offer to

12 sell, or transport or distribute in commerce, any dog or

13 cat fur product.

14 SEC. 5. LABELING.

15 Section 2(d) of the Fur Products Labeling Act (15

16 U.S.C. 69(d)) is amended by striking ‘‘; except that such

17 term shall not include such articles as the Commission

18 shall exempt by reason of the relatively small quantity or

19 value of the fur or used fur contained therein’’.

20 SEC. 6. ENFORCEMENT.

21 (a) IN GENERAL.—The Secretary, either independ22 ently or in cooperation with the States, political subdivi23 sions thereof, and interested parties, is authorized to carry

24 out operations and measures to eradicate and prevent the

25 activities prohibited by section 4.
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1 (b) INSPECTIONS.—A duly authorized officer may,

2 upon his own initiative or upon the request of any inter3 ested party, detain for inspection and inspect any product,

4 package, crate, or other container, including its contents,

5 and all accompanying documents to determine compliance

6 with this Act.

7 (c) SEIZURES AND ARRESTS.—If a duly authorized

8 officer has reasonable cause to believe that there has been

9 a violation of this Act or any regulation issued under this

10 Act, such officer may search and seize, with or without

11 a warrant, the item suspected of being the subject of the

12 violation, and may arrest the owner of record of the item.

13 An item so seized shall be held by any person authorized

14 by the Secretary pending disposition of civil or criminal

15 proceedings.

16 (d) BURDEN OF PROOF.—The burden of proof shall

17 lie with the owner of record described in subsection (c)

18 to establish that the item seized is not a dog or cat fur

19 product subject to forfeiture and civil penalty under sec20 tion 7.

21 (e) ACTION BY U.S. ATTORNEY.—Upon presentation

22 by a duly authorized officer or any interested party of

23 credible evidence that a violation of this Act or any regula24 tion issued under this Act has occurred, the United States

25 Attorney with jurisdiction over the suspected violation
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1 shall investigate the matter and shall take appropriate ac2 tion under this Act.

3 (f) CITIZEN SUITS.—Any person may commence a

4 civil suit to compel the Secretary to implement and enforce

5 this Act, or to enjoin any person from taking action in

6 violation of any provision of this Act or any regulation

7 issued under this Act.

8 (g) REWARD.—The Secretary may pay a reward to

9 any person who furnishes information which leads to an

10 arrest, criminal conviction, civil penalty assessment, or

11 forfeiture of property for any violation of this Act or any

12 regulation issued under this Act.

13 (h) REGULATIONS.—

14 (1) IN GENERAL.—The Secretary shall issue

15 final regulations, after notice and opportunity for

16 public comment, to implement this Act within 180

17 days after the date of enactment of this Act.

18 (2) FEES.—The Secretary may charge reason19 able fees for expenses to the Government connected

20 with permits or certificates authorized by this Act,

21 including expenses for—

22 (A) processing applications;

23 (B) reasonable inspections; and
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1 (C) the transfer, handling, or storage of

2 evidentiary items seized and forfeited under this

3 Act.

4 All fees collected pursuant to this paragraph shall be

5 deposited in the Treasury in an account specifically

6 designated for enforcement of this Act and available

7 only for that purpose.

8 SEC. 7. PENALTIES.

9 (a) CIVIL PENALTY.—Any person who violates any

10 provision of this Act or any regulation issued under this

11 Act may be assessed a civil penalty of not more than

12 $25,000 for each violation.

13 (b) CRIMINAL PENALTY.—Any person who knowingly

14 violates any provision of this Act or any regulation issued

15 under this Act shall, upon conviction for each violation,

16 be imprisoned for not more than 1 year, fined in accord17 ance with title 18, United States Code, or both.

18 (c) FORFEITURE.—Any dog or cat fur product that

19 is the subject of a violation of this Act or any regulation

20 issued under this Act shall be subject to seizure and for21 feiture to the same extent as any merchandise imported

22 in violation of the customs laws.

23 (d) INJUNCTION.—Any person who violates any pro24 vision of this Act or any regulation issued under this Act

25 may be enjoined from further sales of any fur products.
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1 (e) APPLICABILITY.—The penalties in this section

2 apply to violations occurring on or after the date of enact3 ment of this Act.

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