(b) INSPECTIONS.—A duly authorized officer may,
upon his own initiative or upon the request of any inter-
ested 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 record 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 of record described in subsection (c)
to establish that the item seized is not a dog or cat fur
product subject to forfeiture and civil penalty under sec-
tion 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 regula-
tion issued under this Act has occurred, the United States
Attorney with jurisdiction over the suspected violation
shall investigate the matter and shall take appropriate ac-
tion 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 reason-
able 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 accord-
ance 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 for-
feiture to the same extent as any merchandise imported
in violation of the customs laws.
(d) INJUNCTION.—Any person who violates any pro-
vision 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 enact-
ment of this Act.
Æ