109th CONGRESS
1st Session
H. R. 3931
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. SIMMONS, 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 Michigan, Ms. BORDALLO, Ms. JACKSON-LEE of Texas,
Mr. RUSH, Ms. NORTON, Mr. OWENS, Mr. KUCINICH, Mr. OLVER, Mr. PALLONE, Ms.
WOOLSEY, 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
A BILL
To amend the Humane Methods of Livestock Slaughter Act of 1958 to
ensure the humane slaughter of nonambulatory livestock, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Downed Animal Protection Act'.
SEC. 2. FINDING AND DECLARATION OF POLICY.
(a) Finding- Congress finds that the humane euthanization of nonambulatory
livestock in interstate and foreign commerce--
(1) prevents needless suffering;
(2) results in safer and better working conditions for persons handling
livestock;
(3) brings about improvement of products and reduces the likelihood of the
spread of diseases that have a great and deleterious impact on interstate
and foreign commerce in livestock; and
(4) produces other benefits for producers, processors, and consumers that
tend to expedite an orderly flow of livestock and livestock products in
interstate foreign commerce.
(b) Declaration of Policy- It is the policy of the United States that all
nonambulatory livestock in interstate and foreign commerce shall be immediately
and humanely euthanized when such livestock become nonambulatory.
SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.
(a) In General- Public Law 85-765 (commonly known as the `Humane Methods of
Slaughter Act of 1958') (7 U.S.C. 1901 et seq.) is amended by inserting after
section 2 (7 U.S.C. 1902) the following:
`SEC. 3. NONAMBULATORY LIVESTOCK.
`(a) Definitions- In this section:
`(1) COVERED ENTITY- The term `covered entity' means--
`(E) a slaughter facility; or
`(2) ESTABLISHMENT- The term `establishment' means an establishment that
is covered by the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
`(3) HUMANELY EUTHANIZE- The term `humanely euthanize' means to immediately
render an animal unconscious by mechanical, chemical, or other means, with
this state remaining until the death of the animal.
`(4) NONAMBULATORY LIVESTOCK- The term `nonambulatory livestock' means any
cattle, sheep, swine, goats, or horses, mules, or other equines, that will
not stand and walk unassisted.
`(5) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
`(b) Humane Treatment, Handling, and Disposition- The Secretary shall promulgate
regulations to provide for the humane treatment, handling, and disposition
of all nonambulatory livestock by covered entities, including a requirement
that nonambulatory livestock be humanely euthanized.
`(1) IN GENERAL- Subject to paragraph (2), when an animal becomes nonambulatory,
a covered entity shall immediately humanely euthanize the nonambulatory
livestock.
`(2) DISEASE TESTING- Paragraph (1) shall not limit the ability of the Secretary
to test nonambulatory livestock for a disease, such as Bovine Spongiform
Encephalopathy.
`(1) IN GENERAL- A covered entity shall not move nonambulatory livestock
while the nonambulatory livestock are conscious.
`(2) UNCONSCIOUSNESS- In the case of any nonambulatory livestock that are
moved, the covered entity shall ensure that the nonambulatory livestock
remain unconscious until death.
`(1) IN GENERAL- It shall be unlawful for an inspector at an establishment
to pass through inspection any nonambulatory livestock or carcass (including
parts of a carcass) of nonambulatory livestock.
`(2) LABELING- An inspector or other employee of an establishment shall
label, mark, stamp, or tag as `inspected and condemned' any material described
in paragraph (1).'.
(1) IN GENERAL- Except as provided in paragraph (2), the amendment made
by subsection (a) takes effect on the date that is 1 year after the date
of enactment of this Act.
(2) REGULATIONS- Not later than 1 year after the date of enactment of this
Act, the Secretary of Agriculture shall promulgate final regulations to
implement the amendment made by subsection (a).
END
