Page:United States Statutes at Large Volume 114 Part 4.djvu/104

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114 STAT. 2166 PUBLIC LAW 106-476—NOV. 9, 2000 "(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, trsinsported, 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). Deadline. "(4) REGULATIONS. — Not later than 27(\ days after the date of the enactment of this section, the designated authorities shall, after notice and opportunity for comihent, 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. Federal Register, "(d) PUBLICATION OF NAMES OF CERTAIN VIOLATORS.—The despublication. ignated authorities shall, at least once each year, publish in the Federgd Register a list of the names of any producer, manufacturer, supplier, seller, importer, or exporter, whether or not located within