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.




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 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.).


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 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-




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                               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.


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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).





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