Ejiao Act of 2025

Bill Number: H.R. 5544
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Foreign Trade and International Finance
Status: Introduced
Latest Action: 2025-09-23: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, Foreign Affairs, Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Last Updated: 2026-07-01T08:09:07Z

AI-Generated Summary

Purpose of the Legislation

The Ejiao Act of 2025 aims to ban the trade in donkeys and donkey hides used to produce ejiao—a gelatin derived from donkey skins commonly found in traditional Chinese medicine, cosmetics, and luxury products. By prohibiting these activities in the United States, the law seeks to reduce global demand for ejiao, protect declining donkey populations worldwide, and support communities in poorer countries that rely on donkeys for essential tasks like farming, transportation, and education.

Key Provisions

Findings (Section 2): The bill outlines the harmful effects of the ejiao trade, including the annual slaughter of millions of donkeys (especially in Africa and Latin America), the collapse of China's donkey population by 76% since 1992, theft and illegal killing of donkeys, economic harm to impoverished families, and the U.S. as the third-largest importer of ejiao (valued at $12 million annually). It notes that alternatives like plant-based gelatins exist and that international efforts, such as the African Union's 2024 moratorium, are insufficient without stronger enforcement.

Prohibitions (Section 3):
Bans knowingly importing, exporting, transporting, selling, receiving, acquiring, or purchasing donkeys or donkey hides in U.S. interstate or foreign commerce if intended for ejiao production or products containing ejiao.
Extends the ban to any products containing ejiao, including online sales.
Clarifies that this does not change protections under the Endangered Species Act for threatened or endangered donkey species.

Penalties and Sanctions (Section 4):
Civil penalties up to $10,000 per violation, assessed by U.S. Customs and Border Protection (CBP), considering factors like the violation's severity and the offender's ability to pay.
Criminal penalties: Fines up to $20,000 and up to 5 years imprisonment for knowing import/export or high-value ($350+) sales/purchases; fines up to $10,000 and up to 1 year imprisonment for other knowing violations.
Violations can be prosecuted in multiple districts where the item was possessed.

Forfeiture (Section 5): Seized donkeys, hides, ejiao products, and related equipment (e.g., vehicles used in felony violations) are forfeited to the U.S. government. Offenders pay storage costs. Procedures follow existing customs laws, with civil forfeitures under federal rules.

Enforcement (Section 6):
Led by CBP and the Department of the Interior, with support from Homeland Security, Agriculture, other federal/state agencies, or tribes.
Enforcement officers can carry firearms, make warrantless arrests for felonies or observed misdemeanors, search/seize items (with warrants for non-border cases), and inspect imports/exports.
Federal courts have jurisdiction; rewards (from fines/forfeitures) are offered for tips leading to convictions, and costs for temporary donkey care can be reimbursed.

Definitions (Section 7): Defines "donkey" (includes wild, domestic, or hybrid types like mules), "ejiao" (donkey skin gelatin), "import" (introduction into the U.S.), and "taken" (captured, killed, or collected).

Significant Changes to Existing Law

This bill introduces specific, standalone prohibitions and penalties for ejiao-related trade, which were not previously addressed in U.S. law. It builds on customs and wildlife statutes (e.g., Tariff Act of 1930) by applying their procedures but adds tailored enforcement powers and forfeitures. Unlike broader laws like the Endangered Species Act, it targets commercial trade in non-endangered donkeys without altering those protections, creating a new framework to curb imports that contribute to global wildlife and economic harm.

Potential Impacts

On Government Agencies: Increases workload for CBP, Interior, and Homeland Security in inspections, seizures, and prosecutions at borders and online. Could require inter-agency coordination and resources for enforcement, with rewards incentivizing public tips.

On Citizens: U.S. consumers and businesses cannot legally buy, sell, or import ejiao products (e.g., supplements or cosmetics), potentially disrupting access to certain traditional medicines. It may raise awareness of ethical sourcing but could lead to higher costs or shortages for alternatives.

On International Relations: Supports global efforts like the African Union moratorium by reducing U.S. demand, which might pressure major producers like China and encourage bans in other countries. However, it could strain trade ties with Asia (e.g., Hong Kong, Japan) if seen as interfering in cultural practices, while aiding poverty alleviation in Africa and Latin America by preserving donkey-dependent livelihoods.

Main Stakeholders Affected

Donkey-Dependent Communities: Impoverished families in Africa, Latin America, and elsewhere who use donkeys for survival tasks; the ban could stabilize populations and reduce theft/economic loss.
U.S. Importers and Businesses: Companies dealing in ejiao products (third-largest U.S. market) face bans, fines, and forfeitures, potentially shifting to alternatives.
Animal Welfare and Environmental Groups: Benefit from protections against mass slaughter (e.g., 300,000+ donkeys yearly in Kenya alone).
Global Producers and Governments: Ejiao companies in China and exporters in affected regions may see reduced demand; countries like Kenya could gain from better enforcement of their own bans.
U.S. Consumers: Those using ejiao for health/beauty purposes must seek substitutes, as plant-based options are highlighted as viable.

Notable Legal, Constitutional, or Political Implications

Legal: Relies on Congress's commerce power to regulate interstate and foreign trade, integrating with customs laws for seamless enforcement. Provides de novo court review (full rehearing) for penalties, ensuring due process, but warrant requirements balance enforcement with Fourth Amendment search protections.

Constitutional: Aligns with federal authority over imports/exports (Article I, Section 8) and does not infringe on free speech or property rights beyond prohibiting illegal trade; forfeiture rules follow established precedents to avoid excessive punishment.

Political: Bipartisan support (introduced by Democrats and Republicans) reflects growing U.S. focus on animal welfare, global poverty, and ethical trade. It signals international leadership on wildlife issues without direct sanctions, but implementation challenges (e.g., online sales, illegal trade growth) could spark debates on enforcement efficacy and cultural sensitivity toward traditional medicine.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Beyer, Donald S. [D-VA-8]

Cosponsors (17)

Rep. Steube, W. Gregory [R-FL-17], Rep. Titus, Dina [D-NV-1], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Gottheimer, Josh [D-NJ-5], Rep. Carson, André [D-IN-7], Rep. Schweikert, David [R-AZ-1], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Lofgren, Zoe [D-CA-18], Rep. Dexter, Maxine [D-OR-3], Rep. Barr, Andy [R-KY-6], Rep. Buchanan, Vern [R-FL-16], Rep. Carbajal, Salud O. [D-CA-24], Rep. McCollum, Betty [D-MN-4], Rep. Keating, William R. [D-MA-9], Rep. Tenney, Claudia [R-NY-24], Rep. Kim, Young [R-CA-40]

Recent Actions

2025-09-23: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, Foreign Affairs, Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-23: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, Foreign Affairs, Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-23: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, Foreign Affairs, Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-23: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, Foreign Affairs, Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-23: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, Foreign Affairs, Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-23: Introduced in House
2025-09-23: Introduced in House

Bill Versions

Ejiao Act of 2025 — issued 2025-09-23 — PDF (17 pages)