§ 5501. Definitions As used in this chapter: (1) “Bona fide educational or scientific institution” means an institution that establishes through documentation that it is a tax-exempt institution under the Internal Revenue Service’s educational or scientific tax exemption. (2) “Covered animal” means any species of: (A) Cheetah (Acinonyx jubatus); (B) Elephant (family Elephantidae); (C) Giraffe […]
§ 5502. Prohibition Except as provided in this chapter, notwithstanding any other provision of law to the contrary, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. (Added 2019, No. 169 (Adj. Sess.), […]
§ 5503. Exceptions (a) The prohibition on the purchase, sale, offer for sale, or possession with intent to sell set forth in section 5502 of this title shall not apply: (1) to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory […]
§ 5504. Educational or scientific use The Secretary may permit, under terms and conditions as the Secretary may require, the purchase, sale, offer for sale, or possession with intent to sell of any covered animal part or product for educational or scientific purposes by a bona fide educational or scientific institution, unless the activity is […]
§ 5505. Presumption of possession with intent to sell There shall be a rebuttable presumption that a person possesses a covered animal part or product with intent to sell when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling similar items. […]
§ 5506. Administrative penalties; referral for criminal enforcement (a) The Secretary may assess the following administrative penalties for a violation of a provision of this chapter: (1) For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00. (2) For a second offense or subsequent […]
§ 5507. Seizure A person convicted of violating a provision of this chapter shall forfeit to the Secretary the covered animal part or product that is the subject of the violation. The Secretary may: (1) authorize that the covered animal part or product be maintained for educational or training purposes; (2) authorize that the covered […]
§ 5508. Rules The Secretary may adopt rules necessary to implement the requirements of this chapter. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
