Ejiao Act of 2025
- Sponsor
- Rep. Beyer, Donald S. [D-VA-8]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 23, 2025
Bottom line
The Ejiao Act of 2025 seeks to end U.S. participation in the ejiao trade by criminalizing related activities, thereby supporting global efforts to protect donkey populations and vulnerable communities.
What it actually does
This bill establishes a comprehensive prohibition on the import, export, transport, sale, receipt, acquisition, or purchase of donkeys, donkey hides, and products containing ejiao within the United States. It aims to eliminate the U.S. market for these items, which are linked to the global decline in donkey populations and the economic hardship of communities reliant on donkeys.
Proponents argue
Proponents argue that this bill is a crucial step to combat the devastating impact of the ejiao trade on global donkey populations and the impoverished communities that depend on these animals for their livelihoods. They highlight that the demand for ejiao has led to widespread illegal slaughter and theft of donkeys, particularly in Africa and Latin America, and that viable alternatives to ejiao exist. The bill aligns the U.S. with international efforts, such as the African Union's moratorium on the donkey skin trade.
Opponents contend
The bill text does not explicitly state opposition arguments. However, potential opponents might argue that the bill could negatively impact U.S. businesses currently involved in the legal import or sale of ejiao products, or that it represents an overreach of federal regulatory power into international trade matters affecting niche markets.
The bill is straightforward enough for an informed reader to understand its core provisions within a reasonable timeframe.
Section 3(a)
Prohibition on Donkeys and Donkey Hides for Ejiao Production
This provision makes it illegal for any person to knowingly import, export, transport, sell, receive, acquire, or purchase donkeys or donkey hides within the United States, in interstate or foreign commerce, if the purpose is to produce ejiao or any product containing ejiao. This directly targets the raw material supply chain for ejiao.
Supporters argue
Supporters argue that this prohibition is essential to cut off the U.S. contribution to the global demand for donkey hides, which is a primary driver of the crisis facing donkey populations and the communities that depend on them. They emphasize the ethical imperative to prevent animal cruelty and support vulnerable populations.
Critics contend
No specific opposition is typically raised against the ethical goals of preventing animal cruelty and supporting vulnerable communities. However, some might argue that a complete ban could impact niche U.S. businesses that have historically engaged in this trade, even if the overall economic impact is small.
Tradeoffs
The provision balances the economic interests of a small segment of the U.S. market against the significant animal welfare and humanitarian concerns associated with the global ejiao trade.
Section 3(b)
Prohibition on Products Containing Ejiao
This section extends the prohibition to finished products, making it illegal to knowingly import, export, transport, sell, receive, acquire, or purchase any product containing ejiao within the United States, including through online sales. This aims to close off the market for the end-user products derived from donkey hides.
Section 4(a)
Civil Penalties for Violations
This section authorizes the Commissioner of U.S. Customs and Border Protection (CBP) to assess civil penalties of up to $10,000 for each violation of the prohibitions. It specifies that each violation is a separate offense and outlines factors for determining the penalty amount, such as the nature, circumstances, and gravity of the act, and the violator's culpability and ability to pay.
Section 4(c)
Criminal Penalties for Serious Violations
This provision establishes criminal penalties for more serious violations of the Act. For knowingly importing or exporting donkeys, hides, or ejiao products, or for engaging in sale/purchase activities involving market values over $350, offenders can face fines up to $20,000 and/or up to 5 years imprisonment. Less severe knowing violations can result in fines up to $10,000 and/or up to 1 year imprisonment. This provides a strong deterrent for organized or larger-scale illegal trade.
Section 5(a)
Forfeiture of Contraband and Equipment
This section mandates the forfeiture to the United States of all donkeys, donkey hides, or products containing ejiao involved in any violation of the Act. Additionally, vessels, vehicles, aircraft, and other equipment used in criminal felony violations are subject to forfeiture if the owner was complicit or should have known about the illegal use. This aims to remove illegal goods from circulation and deprive criminals of their tools.
Section 6(b)
Enforcement Powers of Authorized Persons
This section grants specific enforcement powers to authorized personnel from U.S. Customs and Border Protection and the Department of the Interior. These powers include carrying firearms, making warrantless arrests for certain offenses, conducting searches and seizures (in accordance with warrant requirements), and detaining/inspecting conveyances or containers at borders. These powers are crucial for effective interdiction and investigation of illegal trade.
The prohibitions in this Act do not alter or affect existing protections for threatened or endangered donkey species under the Endangered Species Act of 1973.
Section 3(c)
Why it matters:This is standard legislative practice to clarify how a new law interacts with existing statutes, preventing unintended conflicts or interpretations.
Case for: Ensures that the new prohibitions complement, rather than diminish, the stronger protections already afforded to critically endangered donkey species, providing a clear legal framework.
Case against: No specific case against this clarifying provision. It is generally seen as a beneficial and necessary legal safeguard.
Estimated impact: Clarifies legal jurisdiction and ensures comprehensive protection for all donkey species, regardless of their conservation status under other laws.
All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws shall apply to seizures and forfeitures under this Act.
Section 5(b)
Why it matters:This is a common legislative technique to avoid redundancy and leverage established legal frameworks and procedures for enforcement, rather than creating entirely new ones.
Case for: Streamlines enforcement by utilizing well-understood and established customs procedures, ensuring consistency and efficiency in handling seized property.
Case against: No specific case against this provision. However, the complexity of customs law itself can be a barrier to public understanding of the full scope of forfeiture powers.
Estimated impact: Ensures that the forfeiture process for items related to ejiao trade follows established legal precedents and administrative procedures, providing a predictable framework for law enforcement and affected parties.
The term 'donkey' is broadly defined to include 'a wild, feral, or domestic donkey, ass, mule, burro, or hinny, including Equus africanus and Equus asinus.'
Section 7(1)
Why it matters:Definitions are typically placed at the end of a bill. The broadness ensures comprehensive coverage, preventing potential loopholes where related equids might be used as substitutes for donkey hides.
Case for: Ensures the bill's prohibitions are comprehensive and cannot be circumvented by using closely related species or hybrids, thereby maximizing its effectiveness in protecting all vulnerable equids from the ejiao trade.
Case against: No specific case against this broad definition. It is designed to be inclusive and prevent evasion of the law.
Estimated impact: Significantly expands the scope of animals protected under the Act, ensuring that the ban applies to a wide range of equids susceptible to the ejiao trade.