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 deter-
mined 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 prod-
ucts containing ejiao, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ejiao Act of 2023’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Ejiao is a gelatin created from the skins of 
donkeys which is used in traditional Chinese medi-
cine, beauty, cosmetic, and other luxury products. 
(2) The donkey skin trade for the production of 
ejiao is decimating global donkey populations and 
harming impoverished global communities. 
(3) Studies have shown that the use of ejiao is 
unnecessary in the production of these products 
since the gelatins from other sources, including 
plants, may be used instead. 
(4) Millions of donkeys are slaughtered annu-
ally for their skins to make ejiao. 
(5) The domestic Chinese and international de-
mand for donkey skins is approximately 8,000,000 
to 10,000,000 skins per year but the annual supply 
in China is less than 1,800,000. 
(6) Such demand has led to the slaughter of 
massive numbers of donkeys across the globe, deci-
mating donkey populations, most notably in Africa 
and Latin America. 
(7) Such demand has had devastating effects on 
the families who depend on donkeys for survival, 
such as for farming and construction; transporting 
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water to drink, cook, and clean; taking products to 
market for sale; and transporting children to school. 
(8) A report by the Kenya Agricultural and 
Livestock Research Organization said that 159,631 
donkeys were slaughtered for their skins, 8.1 percent 
of the population, in 2018. Today, up to 1,000 don-
keys a day can be slaughtered in Kenya alone, more 
than 300,000 a year. 
(9) Donkeys are regularly stolen and killed ille-
gally solely for their skins. Moreover, donkeys are 
often stolen from families who depend on them for 
their livelihoods, and who are already struggling and 
living below the regional poverty line. 
(10) Where owners willingly sell their donkeys, 
they find that within months they are worse off fi-
nancially than they would have been had they kept 
their donkeys. As prices constantly rise, it becomes 
impossible for these owners to go back into the mar-
ket for a new donkey. 
(11) Although ejiao products are expensive, as 
the Chinese middle class has expanded, demand for 
ejiao products has exploded over the course of the 
last decade. As a result, the donkey population in 
China has collapsed by 76 percent since 1992. 
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(12) Ejiao companies have set up donkey breed-
ing schemes in China in an attempt to breed the 
species on a scale sufficient to meet local demand. 
But due to the long gestation period of donkeys, and 
the fact that they often only give birth once a year, 
breeders have not been able to satisfy demand from 
within China, which is why ejiao companies have 
turned to Africa and Latin America to satisfy de-
mand for ejiao. 
(13) A crisis in donkey populations has been 
met with varied responses from affected countries. 
Bans in the trade of donkey skins in seven African 
countries have been poorly enforced or overturned. 
(14) As demand for ejiao continues unabated, 
donkey populations in lower-income countries con-
tinue to nosedive, despite governmental efforts to 
outlaw the trade. 
(15) A number of United States-based compa-
nies have already pledged to remove from the mar-
ket all products containing ejiao. Despite this, far 
too many United States-based companies continue to 
sell products containing ejiao. 
(16) The leading importers in the world for 
ejiao are mainland China and Hong Kong. However, 
the United States is the third largest importer of 
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ejiao, with $12,000,000 in annual imports of ejiao 
each year. 
SEC. 3. PROHIBITIONS. 
(a) DONKEYS AND DONKEY HIDES.—No person shall 
knowingly import, export, transport, sell, receive, acquire, 
or purchase, in interstate or foreign commerce, in the 
United States, any donkey or donkey hide for the purpose 
of producing— 
(1) ejiao; or 
(2) any product containing ejiao. 
(b) PRODUCTS WITH EJIAO.—No person shall know-
ingly import, export, transport, sell, receive, acquire, or 
purchase, in interstate or foreign commerce (including by 
means of the internet), in the United States, any product 
containing ejiao. 
SEC. 4. PENALTIES AND SANCTIONS. 
(a) CIVIL PENALTIES.— 
(1) IN GENERAL.—Any person who engages in 
conduct prohibited by section 3 may be assessed a 
civil penalty by the Secretary of not more than 
$10,000 for each such violation. Each violation shall 
be a separate offense and the offense shall be 
deemed to have been committed not only in the dis-
trict where the violation first occurred, but also in 
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any district in which a person may have taken or 
been in possession of— 
(A) in the case of a violation of section 
3(a), the donkey or donkey hide; or 
(B) in the case of a violation of section 
3(b), the product containing ejiao. 
(2) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—No civil penalty may be assessed under this 
subsection unless the person accused of the violation 
is given notice and opportunity for a hearing with 
respect to the violation. 
(3) DETERMINATION
OF
AMOUNT.—In deter-
mining the amount of any penalty assessed under 
this subsection, the Secretary shall take into account 
the nature, circumstances, extent, and gravity of the 
prohibited act committed, and with respect to the vi-
olator, the degree of culpability, ability to pay, and 
such other matters as justice may require. 
(b) HEARINGS.—Hearings held during proceedings 
for the assessment of civil penalties under this section 
shall be conducted in accordance with section 554 of title 
5, United States Code. The administrative law judge may 
issue subpoenas for the attendance and testimony of wit-
nesses and the production of relevant papers, books, or 
documents, and may administer oaths. Witnesses sum-
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moned shall be paid the same fees and mileage that are 
paid to witnesses in the courts of the United States. In 
case of contumacy or refusal to obey a subpoena issued 
pursuant to this subsection and served upon any person, 
the district court of the United States for any district in 
which such person is found, resides, or transacts business, 
upon application by the United States and after notice to 
such person, shall have jurisdiction to issue an order re-
quiring such person to appear and give testimony before 
the administrative law judge or to appear and produce 
documents before the administrative law judge, or both, 
and any failure to obey such order of the court may be 
punished by such court as a contempt thereof. 
(c) REVIEW OF CIVIL PENALTY.—Any person against 
whom a civil penalty is assessed under this section may 
obtain review thereof in the appropriate district court of 
the United States by filing a complaint in such court with-
in 30 days after the date of such order and by simulta-
neously serving a copy of the complaint by certified mail 
on the Secretary, the Attorney General, and the appro-
priate United States attorney. The Secretary shall 
promptly file in such court a certified copy of the record 
upon which such violation was found or such penalty im-
posed, as provided in section 2112 of title 28, United 
States Code. If any person fails to pay an assessment of 
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a civil penalty after it has become a final and unappealable 
order or after the appropriate court has entered final judg-
ment in favor of the Secretary, the Secretary may request 
the Attorney General of the United States to institute a 
civil action in an appropriate district court of the United 
States to collect the penalty, and such court shall have 
jurisdiction to hear and decide any such action. In hearing 
such action, the court shall have authority to review the 
violation and the assessment of the civil penalty de novo. 
(d) CRIMINAL PENALTIES.— 
(1) IMPORT OR EXPORT; VALUE IN EXCESS OF 
$350.—Any person who— 
(A) in violation of section 3, knowingly im-
ports or exports— 
(i) any donkey or donkey hide; or 
(ii) any product containing ejiao; or 
(B) violates section 3 by knowingly engag-
ing in conduct that involves the sale or pur-
chase of, the offer of sale or purchase of, or the 
intent to sell or purchase— 
(i) any donkey or donkey hide with a 
market value in excess of $350; or 
(ii) any product containing ejiao with 
a market value in excess of $350, 
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knowing that the donkey, donkey hide, or product 
containing ejiao was taken, possessed, transported, 
or sold in violation of such section, shall be fined not 
more than $20,000 (notwithstanding the maximum 
fine amount otherwise applicable under section 3751 
of title 18, United States Code), or imprisoned for 
not more than 5 years, or both. Each violation shall 
be a separate offense and the offense shall be 
deemed to have been committed not only in the dis-
trict where the violation first occurred, but also in 
any district in which the defendant may have taken 
or been in possession of such donkey, donkey hide, 
or product containing ejiao. 
(2) OTHER PROHIBITED CONDUCT.—Any per-
son who knowingly engages in conduct prohibited by 
section 3 and in the exercise of due care should 
know that the donkey, donkey hide, or product con-
taining ejiao was taken, possessed, transported, or 
sold in violation of such section shall be fined not 
more than $10,000 (notwithstanding the maximum 
fine amount otherwise applicable under section 3751 
of title 18, United States Code), or imprisoned for 
not more than 1 year, or both. Each violation shall 
be a separate offense and the offense shall be 
deemed to have been committed not only in the dis-
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trict where the violation first occurred, but also in 
any district in which the defendant may have taken 
or been in possession of such donkey, donkey hide, 
or product containing ejiao. 
SEC. 5. FORFEITURE. 
(a) IN GENERAL.— 
(1) DONKEYS AND DONKEY HIDES.—All don-
keys or donkey hides imported, exported, trans-
ported, sold, received, acquired, or purchased con-
trary to the provisions of section 3(a), or any regula-
tion issued pursuant to such section, shall be subject 
to forfeiture to the United States notwithstanding 
any culpability requirements for civil penalty assess-
ment or criminal prosecution included in section 4. 
(2) PRODUCTS WITH EJIAO.—All products con-
taining ejiao imported, exported, transported, sold, 
received, acquired, or purchased contrary to the pro-
visions of section 3(b), or any regulation issued pur-
suant to such section, shall be subject to forfeiture 
to the United States notwithstanding any culpability 
requirements for civil penalty assessment or criminal 
prosecution included in section 4. 
(3) EQUIPMENT.—All vessels, vehicles, aircraft, 
and other equipment used to aid in the importing, 
exporting, transporting, selling, receiving, acquiring, 
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or purchasing of donkeys, donkey hides, or products 
containing ejiao in a criminal violation of this Act 
for which a felony conviction is obtained shall be 
subject to forfeiture to the United States if— 
(A) the owner of such vessel, vehicle, air-
craft, or equipment was at the time of the al-
leged illegal act a consenting party or privy 
thereto or in the exercise of due care should 
have known that such vessel, vehicle, aircraft, 
or equipment would be used in a criminal viola-
tion of this Act; and 
(B) the violation involved— 
(i) the sale or purchase of, the offer 
of sale or purchase of, or the intent to sell 
or purchase, a donkey or donkey hide; or 
(ii) the import, export, transportation, 
sale, receipt, acquisition, or purchase of a 
product containing ejiao. 
(b) APPLICATION OF CUSTOMS LAWS.—All provisions 
of law relating to the seizure, forfeiture, and condemnation 
of property for violation of the customs laws, the disposi-
tion of such property or the proceeds from the sale thereof, 
and the remission or mitigation of such forfeiture, shall 
apply to the seizures and forfeitures incurred, or alleged 
to have been incurred, under the provisions of this Act, 
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insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act; except that 
all powers, rights, and duties conferred or imposed by the 
customs laws upon any officer or employee of the Treasury 
Department may, for the purposes of this Act, also be ex-
ercised or performed by the Secretary or by such persons 
as the Secretary may designate: Provided, That any war-
rant for search or seizure shall be issued in accordance 
with rule 41 of the Federal Rules of Criminal Procedure. 
(c) STORAGE COST.—Any person convicted of an of-
fense, or assessed a civil penalty, under section 4 shall 
be liable for the costs incurred in the storage, care, and 
maintenance of any donkey, donkey hide, or product con-
taining ejiao seized in connection with the violation con-
cerned. 
(d) CIVIL FORFEITURES.—Civil forfeitures under 
this section shall be governed by the provisions of chapter 
46 of title 18, United States Code. 
SEC. 6. ENFORCEMENT. 
(a) IN GENERAL.—The provisions of this Act and 
any regulations issued pursuant thereto shall be enforced 
by the Secretary, the Secretary of Transportation, or the 
Secretary of the Treasury. Such Secretary may utilize by 
agreement, with or without reimbursement, the personnel, 
services, and facilities of any other Federal agency or any 
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State agency or Indian tribe for purposes of enforcing this 
Act. 
(b) POWERS.— 
(1) IN
GENERAL.—Any person authorized 
under subsection (a) to enforce this Act— 
(A) may carry firearms; 
(B) may, when enforcing this Act, make an 
arrest without a warrant, in accordance with 
any guidelines which may be issued by the At-
torney General, for any offense under the laws 
of the United States committed in the person’s 
presence, or for the commission of any felony 
under the laws of the United States, if the per-
son has reasonable grounds to believe that the 
person to be arrested has committed or is com-
mitting a felony; 
(C) may search and seize, with or without 
a warrant, in accordance with any guidelines 
which may be issued by the Attorney General: 
Provided, That an arrest for a felony violation 
of this Act that is not committed in the pres-
ence or view of any such person and that in-
volves only the transportation, acquisition, re-
ceipt, purchase, or sale of a donkey, donkey 
hide, or product containing ejiao taken or pos-
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sessed in violation of any law or regulation of 
any State shall require a warrant; 
(D) may make an arrest without a warrant 
for a misdemeanor violation of this Act if he 
has reasonable grounds to believe that the per-
son to be arrested is committing a violation in 
his presence or view; and 
(E) may execute and serve any subpoena, 
arrest warrant, search warrant issued in ac-
cordance with rule 41 of the Federal Rules of 
Criminal Procedure, or other warrant of civil or 
criminal process issued by any officer or court 
of competent jurisdiction for enforcement of 
this Act. 
(2) DETENTION AND INSPECTION.—Any person 
authorized under subsection (a) to enforce this Act, 
in coordination with the Secretary of the Treasury, 
may detain for inspection and inspect any vessel, ve-
hicle, aircraft, or other conveyance or any package, 
crate, or other container, including its contents, 
upon the arrival of such conveyance or container in 
the United States or the customs waters of the 
United States from any point outside the United 
States or such customs waters, or, if such convey-
ance or container is being used for exportation pur-
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