U.S. Code > Title 16 Conservation > CHAPTER 73—RHINOCEROS AND TIGER CONSERVATION (§§ 5301—5306) > § 5305a. Prohibition on sale, importation, or exportation of products labeled or advertised as rhinoceros or tiger products

§ 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.