109TH CONGRESS H. R. 3931 1ST SESSION
To amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 28, 2005 Mr. ACKERMAN (for himself, Mr. LATOURETTE, Mr. VAN HOLLEN, Mr. SIM- MONS, Mr. GRIJALVA, Mr. BLUMENAUER, Mr. WEXLER, Mrs. TAUSCHER, Mr. GEORGE MILLER of California, Mr. NADLER, Mr. CROWLEY, Ms. ESHOO, Ms. KAPTUR, Mrs. MCCARTHY, Mr. MORAN of Virginia, Mr. BROWN of Ohio, Mr. ROTHMAN, Mr. MOORE of Kansas, Ms. LEE, Mr. SHERMAN, Mr. MCNULTY, Mr. DICKS, Mr. KENNEDY of Rhode Island, Mr. HOLT, Ms. SOLIS, Mr. FRANK of Massachusetts, Mr. LARSON of Connecticut, Mr. KIRK, Ms. SCHAKOWSKY, Mr. STARK, Mr. HONDA, Mr. MCGOVERN, Mr. MCDERMOTT, Mr. ISRAEL, Ms. KILPATRICK of Michi- gan, Ms. BORDALLO, Ms. JACKSON-LEE of Texas, Mr. RUSH, Ms. NOR- TON, Mr. OWENS, Mr. KUCINICH, Mr. OLVER, Mr. PALLONE, Ms. WOOL- SEY, Mr. SABO, Mr. NEAL of Massachusetts, Mr. LANGEVIN, Mr. UDALL of Colorado, Mr. SERRANO, Ms. LINDA T. SANCHEZ of California, Mr. INSLEE, Mr. BARTLETT of Maryland, Mr. ABERCROMBIE, Ms. ZOE LOFGREN of California, Mr. KILDEE, Mr. MEEHAN, Mr. FARR, Mrs. DAVIS of California, Mr. GUTIERREZ, Mrs. NAPOLITANO, Mr. SCHIFF, Mr. WEINER, Mr. PASCRELL, Mr. LANTOS, Mr. RYAN of Ohio, Mr. LEWIS of Georgia, Mr. PAYNE, Mrs. BIGGERT, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TOWNS, Mr. FOLEY, Mrs. MALONEY, Mr. UDALL of New Mexico, Ms. CARSON, Mr. BRADY of Pennsylvania, Mr. CUMMINGS, Mrs. CAPPS, Ms. MCCOLLUM of Minnesota, Mr. RANGEL, Mr. SHAYS, Mr. WELDON of Pennsylvania, Mrs. LOWEY, Mr. FERGUSON, Ms. BERKLEY, Mr. DEFAZIO, Mr. SMITH of New Jersey, Mr. KING of New York, Mr. SANDERS, Mr. TIERNEY, Mr. WOLF, Mr. GERLACH, Mr. ENGLISH of Pennsylvania, Mr. MARKEY, Mr. GALLEGLY, Mrs. KELLY, Mr. BERMAN, Mr. SAXTON, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Agriculture 2
A BILL To amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of non- ambulatory livestock, and for other purposes.
1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ``Downed Animal Pro- 5 tection Act''. 6 SEC. 2. FINDING AND DECLARATION OF POLICY.
7 (a) FINDING.--Congress finds that the humane 8 euthanization of nonambulatory livestock in interstate and 9 foreign commerce-- 10 (1) prevents needless suffering; 11 (2) results in safer and better working condi- 12 tions for persons handling livestock; 13 (3) brings about improvement of products and 14 reduces the likelihood of the spread of diseases that 15 have a great and deleterious impact on interstate 16 and foreign commerce in livestock; and 17 (4) produces other benefits for producers, proc- 18 essors, and consumers that tend to expedite an or- 19 derly flow of livestock and livestock products in 20 interstate foreign commerce.
HR 3931 IH 3 1 (b) DECLARATION OF POLICY.--It is the policy of the 2 United States that all nonambulatory livestock in inter- 3 state and foreign commerce shall be immediately and hu- 4 manely euthanized when such livestock become non- 5 ambulatory. 6 SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING
7 NONAMBULATORY LIVESTOCK.
8 (a) IN GENERAL.--Public Law 85765 (commonly 9 known as the ``Humane Methods of Slaughter Act of 10 1958'') (7 U.S.C. 1901 et seq.) is amended by inserting 11 after section 2 (7 U.S.C. 1902) the following: 12 ``SEC. 3. NONAMBULATORY LIVESTOCK.
13 ``(a) DEFINITIONS.--In this section: 14 ``(1) COVERED term `covered en- ENTITY.--The
15 tity' means-- 16 ``(A) a stockyard; 17 ``(B) a market agency; 18 ``(C) a dealer; 19 ``(D) a packer; 20 ``(E) a slaughter facility; or 21 ``(F) an establishment. 22 ``(2) ESTABLISHMENT.--The term `establish- 23 ment' means an establishment that is covered by the 24 Federal Meat Inspection Act (21 U.S.C. 601 et 25 seq.).
HR 3931 IH 4 1 ``(3) HUMANELY term `hu- EUTHANIZE.--The
2 manely euthanize' means to immediately render an 3 animal unconscious by mechanical, chemical, or 4 other means, with this state remaining until the 5 death of the animal. 6 ``(4) NONAMBULATORY term LIVESTOCK.--The
7 `nonambulatory livestock' means any cattle, sheep, 8 swine, goats, or horses, mules, or other equines, that 9 will not stand and walk unassisted. 10 ``(5) SECRETARY.--The term `Secretary' means 11 the Secretary of Agriculture. 12 ``(b) HUMANE TREATMENT, HANDLING, DIS- AND
13 Secretary shall promulgate regulations to POSITION.--The
14 provide for the humane treatment, handling, and disposi- 15 tion of all nonambulatory livestock by covered entities, in- 16 cluding a requirement that nonambulatory livestock be hu- 17 manely euthanized. 18 ``(c) HUMANE EUTHANASIA.-- 19 ``(1) IN to paragraph (2), GENERAL.--Subject
20 when an animal becomes nonambulatory, a covered 21 entity shall immediately humanely euthanize the 22 nonambulatory livestock. 23 ``(2) DISEASE (1) shall TESTING.--Paragraph
24 not limit the ability of the Secretary to test non-
HR 3931 IH 5 1 ambulatory livestock for a disease, such as Bovine 2 Spongiform Encephalopathy. 3 ``(d) MOVEMENT.-- 4 ``(1) IN covered entity shall not GENERAL.--A
5 move nonambulatory livestock while the non- 6 ambulatory livestock are conscious. 7 ``(2) UNCONSCIOUSNESS.--In the case of any 8 nonambulatory livestock that are moved, the covered 9 entity shall ensure that the nonambulatory livestock 10 remain unconscious until death. 11 ``(e) INSPECTIONS.-- 12 ``(1) IN shall be unlawful for an GENERAL.--It
13 inspector at an establishment to pass through in- 14 spection any nonambulatory livestock or carcass (in- 15 cluding parts of a carcass) of nonambulatory live- 16 stock. 17 ``(2) LABELING.--An inspector or other em- 18 ployee of an establishment shall label, mark, stamp, 19 or tag as `inspected and condemned' any material 20 described in paragraph (1).''. 21 (b) EFFECTIVE DATE.-- 22 (1) IN as provided in para- GENERAL.--Except
23 graph (2), the amendment made by subsection (a) 24 takes effect on the date that is 1 year after the date 25 of enactment of this Act.
HR 3931 IH 6 1 (2) REGULATIONS.--Not later than 1 year after 2 the date of enactment of this Act, the Secretary of 3 Agriculture shall promulgate final regulations to im- 4 plement the amendment made by subsection (a).
HR 3931 IH
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