H.R. 5544 — Ejiao Act of 2025

This section states 16 congressional findings on the global trade in ejiao (i.e., gelatin derived from donkey skins for use in traditional Chinese medicine, cosmetics, and luxury products), including annual demand for 8 million to 10 million skins (exceeding China's supply of less than 1.8 million), the slaughter of millions of donkeys worldwide (e.g., over 300,000 per year in Kenya), a 76% collapse in China's donkey population since 1992, devastating effects on impoverished communities in Africa and Latin America reliant on donkeys for farming, transport, and other essential activities, and U.S. imports valued at $12 million annually as the third-largest importer.

This section prohibits any person from knowingly importing, exporting, transporting, selling, receiving, acquiring, or purchasing in U.S. interstate or foreign commerce (1) donkeys or donkey hides for the purpose of producing ejiao (i.e., a traditional Chinese gelatin medicine made from donkey skin) or any product containing ejiao, and (2) any product containing ejiao, including via the internet. This section specifies that these prohibitions do not alter or affect any protections for donkey species listed as threatened or endangered under the Endangered Species Act of 1973.

This section establishes civil and criminal penalties for violations of section 3, which prohibits importation, exportation, sale, purchase, or related activities involving donkeys, donkey hides, or products containing ejiao (i.e., a gelatinous substance derived from donkey hides used in traditional medicine). Specifically, it (1) authorizes the Commissioner of U.S. Customs and Border Protection to assess civil penalties of not more than $10,000 per violation—deeming each violation a separate offense committed in multiple districts and applying assessment and mitigation procedures under section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a)—with judicial review available in the Court of International Trade; (2) imposes criminal penalties of a fine not more than $20,000 (notwithstanding 18 U.S.C. 3751), imprisonment not more than five years, or both, for knowing importation or exportation of such items or knowing involvement in their sale or purchase when valued over $350; and (3) imposes criminal penalties of a fine not more than $10,000 (notwithstanding 18 U.S.C. 3751), imprisonment not more than one year, or both, for other knowing prohibited conduct. (Thus, violations may be prosecuted in any district where the offender possessed the prohibited items.)

This section establishes forfeiture authority under the following circumstances: (1) all donkeys or donkey hides imported, exported, transported, sold, received, acquired, or purchased contrary to section 3(a) or related regulations are subject to forfeiture to the United States, notwithstanding culpability requirements for civil penalties or criminal prosecution under section 4; (2) all products containing ejiao imported, exported, transported, sold, received, acquired, or purchased contrary to section 3(b) or related regulations are similarly subject to forfeiture; and (3) all vessels, vehicles, aircraft, or other equipment used to aid such activities in a criminal violation resulting in a felony conviction are subject to forfeiture if the owner consented or should have known of the violation and it involved specified donkey or ejiao transactions. The section applies customs laws to such seizures and forfeitures (with authority exercisable by U.S. Customs and Border Protection, the Secretary of Homeland Security, or designees); holds persons convicted under section 4 or assessed civil penalties liable for storage, care, and maintenance costs of seized items; and governs civil forfeitures under 18 U.S.C. chapter 46.

This section designates U.S. Customs and Border Protection (CBP) and the Secretary of the Interior to enforce the Act, authorizes them to utilize (with or without reimbursement) personnel, services, and facilities of other federal, state, or tribal agencies, and grants enforcement personnel specified powers including (1) carrying firearms; (2) making warrantless arrests for U.S. offenses committed in their presence or felonies with reasonable grounds (with a warrant required for certain felony violations involving only transportation, acquisition, receipt, purchase, or sale of donkeys, donkey hides, or ejiao products in violation of state law); (3) searching and seizing subject to applicable CBP warrant requirements and Attorney General guidelines; (4) making warrantless arrests for misdemeanors committed in their presence; and (5) executing subpoenas and warrants. It further authorizes such personnel, in coordination with the CBP Commissioner, to detain and inspect vessels, vehicles, aircraft, containers, and related documents upon import or export; requires seized donkeys, hides, ejiao products, or property to be held pending proceedings (or released on bond); and provides district courts of the United States—including those enumerated in 28 U.S.C. §460 (i.e., U.S. Court of Federal Claims and territorial courts with district court jurisdiction)—with jurisdiction over criminal actions under the Act, applying standard venue rules. This section also directs the CBP Commissioner or Secretary of the Interior to pay, from penalties, fines, or forfeitures, (1) rewards for information leading to arrests, convictions, penalties, or forfeitures and (2) costs of temporary donkey care pending proceedings, with U.S., state, or local government employees ineligible for rewards.

This section defines the following terms for purposes of the Act: (1) donkey as a wild, feral, or domestic donkey, ass, mule, burro, or hinny, including Equus africanus and Equus asinus; (2) ejiao as a gelatin created from the skin of a donkey (also known as “gelatina nigra”); (3) import as having the meaning given in section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a), including any introduction or attempt to introduce an article into the United States; and (4) taken as captured, killed, or collected.