need info regarding law about domestic animal mounts

Submitted by John on 2/16/02. ( bluehold@hotmail.com ) 68.11.234.148

About a month ago there was a posting pertaining to newly enacted laws about the sales of domestic mounts(cat and dog). I have searched archives but have been unable to find the carefully worded law. Where can I find the law in print? I am sure this a naive question for you educated types. I simply have some old mounts that I may not be able to sell.

Thank you for your help.

John

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Me too..

This response submitted by Amy on 2/16/02. ( taxidermygirl101@yahoo.com ) 24.88.137.18

I would like to see the carefully worded law as well.. I have cat mounts and fur products..


here it is.

This response submitted by . on 2/16/02. ( ) 63.254.141.55

New Law Enacted About Domestic Pets
Below is a web address and some selected parts of a law that was passed Nov 2000 regarding the ban on sales of dog and cat parts. This is for your info and another bite from the antis.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=106_cong_public_laws&docid=f:publ476.106
SEC. 1443. PROHIBITION ON IMPORTATION OF PRODUCTS MADE WITH DOG OR CAT
FUR.

(a) In General.--Title III of the Tariff Act of 1930 is amended by
inserting after section 307 the following new section:

``SEC. 308. <<NOTE: 19 USC 1308.>> PROHIBITION ON IMPORTATION OF DOG AND
CAT FUR PRODUCTS.

``(a) Definitions.--In this section:
``(1) Cat fur.--The term `cat fur' means the pelt or skin of
any animal of the species Felis catus.
``(2) Interstate Commerce.--The term `interstate commerce'
means the transportation for sale, trade, or use between any
State, territory, or possession of the United States, or the
District of Columbia, and any place outside thereof.
``(3) Customs laws.--The term `customs laws of the United
States' means any other law or regulation enforced or
administered by the United States Customs Service.
``(4) Designated authority.--The term `designated authority'
means the Secretary of the Treasury, with respect to the
prohibitions under subsection (b)(1)(A), and the President

[[Page 114 STAT. 2165]]

(or the President's designee), with respect to the prohibitions
under subsection (b)(1)(B).
``(5) Dog fur.--The term `dog fur' means the pelt or skin of
any animal of the species Canis familiaris.
``(6) Dog or cat fur product.--The term `dog or cat fur
product' means any item of merchandise which consists, or is
composed in whole or in part, of any dog fur, cat fur, or both.
``(7) Person.--The term `person' includes any individual,
partnership, corporation, association, organization, business
trust, government entity, or other entity subject to the
jurisdiction of the United States.
``(8) United states.--The term `United States' means the
customs territory of the United States, as defined in general
note 2 of the Harmonized Tariff Schedule of the United States.

``(b) Prohibitions.--
``(1) In general.--It shall be unlawful for any person to--
``(A) import into, or export from, the United States
any dog or cat fur product; or
``(B) introduce into interstate commerce,
manufacture for introduction into interstate commerce,
sell, trade, or advertise in interstate commerce, offer
to sell, or transport or distribute in interstate
commerce in the United States, any dog or cat fur
product.
``(2) Exception.--This subsection shall not apply to the
importation, exportation, or transportation, for noncommercial
purposes, of a personal pet that is deceased, including a pet
preserved through taxidermy.

``(c) Penalties and Enforcement.--
``(1) Civil penalties.--
``(A) In general.--Any person who violates any
provision of this section or any regulation issued under
this section may, in addition to any other civil or
criminal penalty that may be imposed under title 18,
United States Code, or any other provision of law, be
assessed a civil penalty by the designated authority of
not more than--
``(i) $10,000 for each separate knowing and
intentional violation;
``(ii) $5,000 for each separate grossly
negligent violation; or
``(iii) $3,000 for each separate negligent
violation.
``(B) Debarment.--The designated authority may
prohibit a person from importing, exporting,
transporting, distributing, manufacturing, or selling
any fur product in the United States, if the designated
authority finds that the person has engaged in a pattern
or practice of actions that has resulted in a final
administrative determination with respect to the
assessment of civil penalties for knowing and
intentional or grossly negligent violations of any
provision of this section or any regulation issued under
this section.
``(C) Factors in assessing penalties.--In
determining the amount of civil penalties under this
paragraph, the designated authority shall take into
account the degree of culpability, any history of prior
violations under this section, ability to pay, the
seriousness of the violation, and such other matters as
fairness may require.

[[Page 114 STAT. 2166]]

``(D) Notice.--No penalty may be assessed under this
paragraph against a person unless the person is given
notice and opportunity for a hearing with respect to
such violation in accordance with section 554 of title
5, United States Code.
``(2) Forfeiture.--Any dog or cat fur product manufactured,
taken, possessed, sold, purchased, offered for sale or purchase,
transported, delivered, received, carried, shipped, imported, or
exported contrary to the provisions of this section or any
regulation issued under this section shall be subject to
forfeiture to the United States.
``(3) Enforcement.--The Secretary of the Treasury shall
enforce the provisions of this section with respect to the
prohibitions under subsection (b)(1)(A), and the President shall
enforce the provisions of this section with respect to the
prohibitions under subsection (b)(1)(B).
``(4) Regulations.--Not later than <<NOTE: Deadline.>> 270
days after the date of the enactment of this section, the
designated authorities shall, after notice and opportunity for
comment, issue regulations to carry out the provisions of this
section. The regulations of the Secretary of the Treasury shall
provide for a process by which testing laboratories, whether
domestic or foreign, can qualify for certification by the United
States Customs Service by demonstrating the reliability of the
procedures used for determining the type of fur contained in
articles intended for sale or consumption in interstate
commerce. Use of a laboratory certified by the United States
Customs Service to determine the nature of fur contained in an
item to which subsection (b) applies is not required to avoid
liability under this section but may, in a case in which a
person can establish that the goods imported were tested by such
a laboratory and that the item was not found to be a dog or cat
fur product, prove dispositive in determining whether that
person exercised reasonable care for purposes of paragraph (6).
``(5) Reward.--The designated authority shall pay a reward
of not less than $500 to any person who furnishes information
that establishes or leads to a civil penalty assessment,
debarment, or forfeiture of property for any violation of this
section or any regulation issued under this section.
``(6) Affirmative defense.--Any person accused of a
violation under this section has a defense to any proceeding
brought under this section on account of such violation if that
person establishes by a preponderance of the evidence that the
person exercised reasonable care--
``(A) in determining the nature of the products
alleged to have resulted in such violation; and
``(B) in ensuring that the products were accompanied
by documentation, packaging, and labeling that were
accurate as to the nature of the products.
``(7) Coordination with other laws.--Nothing in this section
shall be construed as superseding or limiting in any manner the
functions and responsibilities of the Secretary of the Treasury
under the customs laws of the United States.

``(d) Publication of <<NOTE: Federal Register, publication.>> Names
of Certain Violators.--The designated authorities shall, at least once
each year, publish in the Federal Register a list of the names of any
producer, manufacturer, supplier, seller, importer, or exporter, whether
or not located within

[[Page 114 STAT. 2167]]

the customs territory of the United States or subject to the
jurisdiction of the United States, against whom a final administrative
determination with respect to the assessment of a civil penalty for a
knowing and intentional or a grossly negligent violation has been made
under this section.

``(e) Reports.--In order to enable <<NOTE: Deadlines.>> Congress to
engage in active, continuing oversight of this section, the designated
authorities shall provide the following:
``(1) Plan for enforcement.--Within 3 months after the date
of the enactment of this section, the designated authorities
shall submit to Congress a plan for the enforcement of the
provisions of this section, including training and procedures to
ensure that United States Government personnel are equipped with
state-of-the-art technologies to identify potential dog or cat
fur products and to determine the true content of such products.
``(2) Report on enforcement efforts.--Not later than 1 year
after the date of the enactment of this section, and on an
annual basis thereafter, the designated authorities shall submit
a report to Congress on the efforts of the United States
Government to enforce the provisions of this section and the
adequacy of the resources to do so. The report shall include an
analysis of the training of United States Government personnel
to identify dog and cat fur products effectively and to take
appropriate action to enforce this section. The report shall
include the findings of the designated authorities as to whether
any government has engaged in a pattern or practice of support
for trade in products the importation of which are prohibited
under this section.''.

(b) Conforming Amendment.--Section 2(d) of the Fur Products Labeling
Act (15 U.S.C. 69(d) is amended by inserting ``(other than any dog or
cat fur product to which section 308 of the Tariff Act of 1930
applies)'' after ``shall not include such articles''.
(c) Effective Date.--The amendments <<NOTE: 19 USC 1308 note.>> made
by this section shall take effect on the date of the enactment of this


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