IIA
105TH CONGRESS
2D SESSION
H. R. 2807
IN THE SENATE OF THE UNITED STATES
APRIL 29, 1998
Received
MAY 21, 1998
Read twice and referred to the Committee on Environment and Public Works
AN ACT
To amend the Rhinoceros and Tiger Conservation Act of
1994 to prohibit the sale, importation, and exportation
of products labeled as containing substances derived from
rhinoceros or tiger.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rhino and Tiger Prod-
uct Labeling Act’’.
SEC. 2. PROHIBITION ON SALE, IMPORTATION, AND EXPOR-
TATION OF PRODUCTS LABELED AS CON-
TAINING A SUBSTANCE DERIVED FROM RHI-
NOCEROS OR TIGER.
(a) FINDINGS.—The Congress finds the following:
(1) The populations of several magnificent and
unique endangered species of rhinoceros and tigers,
such as the Indian rhinoceros, the Javan rhinoceros,
the African black rhinoceros, and all of the tiger
subspecies, continue to decline.
(2) Growing demand throughout the world for
wildlife and wildlife parts and products has created
a market in which commercial exploitation has
threatened certain rhinoceros and tiger populations.
(3) There are insufficient legal mechanisms en-
abling the United States Fish and Wildlife Service
to forcefully interdict products that are labeled as
containing substances derived from rhinoceros or
tiger species and prosecute the merchandisers for
sale or display of those products.
(4) Although approximately 77,000 import and
export shipments occur annually in the United
States, the United States Fish and Wildlife Service
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is able to maintain only 92 wildlife inspectors at 30
ports of entry, including 13 designated ports, to
monitor the shipments.
(5) Wildlife inspectors are able to physically in-
spect only an estimated 5 to 10 percent of all import
and export shipments, making the rate of detection
of contraband wildlife products extremely low.
(6) Alternatives are available to the traditional
medicinal products that contain substances derived
from rhinoceros and tiger species.
(7) Public education initiatives directed toward
traditional user groups on the endangered status of
rhinoceros and tiger species and on the availability
of alternative products in traditional medicine have
proven useful in reducing the demand for products
labeled as containing substances derived from rhi-
noceros and tiger species, and should be encouraged.
(b) PROHIBITION, PENALTIES, 
AND
ENFORCE-
MENT.—The Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301 et seq.) is amended by redesignat-
ing section 7 as section 8, and by inserting after section
6 the following:
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‘‘SEC. 7. PROHIBITION RELATING TO PRODUCTS CONTAIN-
ING OR PURPORTING TO CONTAIN ANY SUB-
STANCE DERIVED FROM A RHINOCEROS OR
TIGER SPECIES.
‘‘(a) PROHIBITION.—No person shall sell, import, or
export, or attempt to sell, import, or export any product,
item, or substance intended for human consumption con-
taining or purporting to contain any substance derived
from any species of rhinoceros or tiger.
‘‘(b) PENALTIES.—
‘‘(1) CRIMINAL
PENALTY.—Any person who
knowingly violates subsection (a) shall be fined
under title 18, United States Code, imprisoned for
not more than 1 year, or both.
‘‘(2) CIVIL PENALTIES.—Any person who know-
ingly violates, and any person engaged in business as
an importer, distributor, or retailer of products,
items, or substances purporting to contain sub-
stances derived from any species of rhinoceros or
tiger who violates subsection (a) may be assessed a
civil penalty by the Secretary of not more than
$25,000 for each violation. A civil penalty under this
paragraph shall be assessed, and may be collected,
in the manner in which a civil penalty under the En-
dangered Species Act of 1973 may be assessed and
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collected under section 11(a) of that Act (16 U.S.C.
1540(a)).
‘‘(c) FORFEITURES.—Any product, item, or sub-
stance sold, imported, or exported, or attempted to be
sold, imported, or exported, contrary to the provisions of
this Act or any regulation made pursuant thereto shall be
seized and forfeited to the United States. All equipment,
vessels, vehicles, aircraft, and other means of transpor-
tation used to aid the selling, exporting, or importing, or
an attempt to sell, export, or import, of any product, item,
or substance in violation of this Act or any regulation
issued pursuant to this Act, may be seized and forfeited
to the United States. All laws relating to the seizure, for-
feiture, and condemnation of a vessel for violation of the
customs laws, the disposition of such vessel or the pro-
ceeds from the sale thereof, and the remission or mitiga-
tion of such forfeiture, shall apply to the seizures and for-
feitures incurred under this Act, insofar as those laws are
applicable and not inconsistent with this Act.
‘‘(d) REGULATIONS.—The Secretary, after consulta-
tion with the Secretary of the Treasury, the Secretary of
Health and Human Services, and the United States Trade
Representative, shall prescribe regulations that are nec-
essary and appropriate to carry out the purposes of this
Act.
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‘‘(e) ENFORCEMENT.—The Secretary, the Secretary
of the Treasury, and the Secretary of the department in
which the Coast Guard is operating shall enforce this Act
in the same manner such Secretaries carry out enforce-
ment activities under section 11(e) of the Endangered
Species Act of 1973 (16 U.S.C. 1540(e)).’’.
(c) DEFINITION OF PERSON.—Section 4 of the Rhi-
noceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301 et seq.) is amended by—
(1) striking ‘‘and’’ at the end of paragraph (4);
(2) striking the period at the end of paragraph
(5) and inserting ‘‘; and’’; and
(3) adding at the end the following:
‘‘(6) ‘person’ means—
‘‘(A) an individual, corporation, partner-
ship, trust, association, or other private entity;
‘‘(B) an officer, employee, agent, depart-
ment, or instrumentality of the Federal Govern-
ment, of any State, municipality, or political
subdivision of a State, or of any foreign govern-
ment;
‘‘(C) a State, municipality, or political sub-
division of a State; or
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‘‘(D) any other entity subject to the juris-
diction of the United States.’’.
Passed the House of Representatives April 28, 1998.
Attest:
ROBIN H. CARLE,
Clerk.