
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC5305a]

 
                         TITLE 16--CONSERVATION
 
              CHAPTER 73--RHINOCEROS AND TIGER CONSERVATION
 
Sec. 5305a. Prohibition on sale, importation, or exportation of 
        products labeled or advertised as rhinoceros or tiger products
        

(a) Prohibition

    A person shall not sell, import, or export, or attempt to sell, 
import, or export, any product, item, or substance intended for human 
consumption or application containing, or labeled or advertised as 
containing, any substance derived from any species of rhinoceros or 
tiger.

(b) Penalties

                        (1) Criminal penalty

        A person engaged in business as an importer, exporter, or 
    distributor that knowingly violates subsection (a) of this section 
    shall be fined under title 18, imprisoned not more than 6 months, or 
    both.

                         (2) Civil penalties

        (A) In general

            A person that knowingly violates subsection (a) of this 
        section, and a person engaged in business as an importer, 
        exporter, or distributor that violates subsection (a) of this 
        section, may be assessed a civil penalty by the Secretary of not 
        more than $12,000 for each violation.

        (B) Manner of assessment and collection

            A civil penalty under this paragraph shall be assessed, and 
        may be collected, in the manner in which a civil penalty under 
        the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.] may 
        be assessed and collected under section 11(a) of that Act (16 
        U.S.C. 1540(a)).

(c) Products, items, and substances

    Any product, item, or substance sold, imported, or exported, or 
attempted to be sold, imported, or exported, in violation of this 
section or any regulation issued under this section shall be subject to 
seizure and forfeiture to the United States.

(d) Regulations

    After consultation with the Secretary of the Treasury, the Secretary 
of Health and Human Services, and the United States Trade 
Representative, the Secretary shall issue such regulations as are 
appropriate to carry out this section.

(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 
section in the manner in which the Secretaries carry out enforcement 
activities under section 11(e) of the Endangered Species Act of 1973 (16 
U.S.C. 1540(e)).

(f) Use of penalty amounts

    Amounts received as penalties, fines, or forfeiture of property 
under this section shall be used in accordance with section 3375(d) of 
this title.

(Pub. L. 103-391, Sec. 7, as added Pub. L. 105-312, title IV, 
Sec. 405(2), Oct. 30, 1998, 112 Stat. 2960.)

                       References in Text

    The Endangered Species Act of 1973, referred to in subsec. 
(b)(2)(B), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, 
which is classified generally to chapter 35 (Sec. 1531 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1531 of this title and Tables.


                            Prior Provisions

    A prior section 7 of Pub. L. 103-391 was renumbered section 9 and is 
classified to section 5306 of this title.
