To amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes.

October 25, 2005

Mr. ENSIGN (for himself, Ms. LANDRIEU, Mr. BYRD, Mr. SPECTER, Mr. LOTT, Mr. LIEBERMAN, Mr. INOUYE, Mr. LEVIN, and Mr. DEMINT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, 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 `Virgie S. Arden American Horse Slaughter Prevention Act'.

SEC. 2. PROHIBITION ON SHIPPING, TRANSPORTING, MOVING, DELIVERING, RECEIVING, POSSESSING, PURCHASING, SELLING, OR DONATION OF HORSES AND OTHER EQUINES FOR SLAUGHTER FOR HUMAN CONSUMPTION.

(a) Definitions- Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--

(1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (5), and (6), respectively;

(2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following:

`(1) The term `human consumption' means ingestion by people as a source of food.'; and

(3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following:

`(4) The term `slaughter' means the killing of 1 or more horses or other equines with the intent to sell or trade the flesh for human consumption.'.

(b) Findings- Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended--

(1) by redesignating paragraphs (1) through (5) as paragraphs (6) through (10), respectively;

(2) by adding before paragraph (6) (as redesignated by paragraph (1)) the following:

`(1) horses and other equines play a vital role in the collective experience of the United States and deserve protection and compassion;

`(2) horses and other equines are domestic animals that are used primarily for recreation, pleasure, and sport;

`(3) unlike cows, pigs, and many other animals, horses and other equines are not raised for the purpose of being slaughtered for human consumption;

`(4) individuals selling horses or other equines at auctions are seldom aware that the animals may be bought for the purpose of being slaughtered for human consumption;

`(5) the Animal and Plant Health Inspection Service of the Department of Agriculture has found that horses and other equines cannot be safely and humanely transported in double deck trailers;'; and

(3) by striking paragraph (8) (as redesignated by paragraph (1)) and inserting the following:

`(8) the movement, showing, exhibition, or sale of sore horses in intrastate commerce, and the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation in intrastate commerce of horses and other equines to be slaughtered for human consumption, adversely affect and burden interstate and foreign commerce;'.

(c) Prohibition- Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended--

(1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively; and

(2) by inserting after paragraph 7 the following:

`(8) The shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of any horse or other equine to be slaughtered for human consumption.'.

(d) Authority to Detain- Section 6(e) of the Horse Protection Act (15 U.S.C. 1825(e)) is amended--

(1) by striking the first sentence of paragraph (1);

(2) by redesignating paragraphs (1) and (2) and as paragraphs (2) and (3), respectively; and

(3) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following:

`(1) The Secretary may detain for examination, testing, or the taking of evidence--

`(A) any horse at any horse show, horse exhibition, or horse sale or auction that is sore or that the Secretary has probable cause to believe is sore; and

`(B) any horse or other equine that the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of section 5(8).'.

(e) Authorization of Appropriations- Section 12 of the Horse Protection Act (15 U.S.C. 1831) is amended by striking `$500,000' and inserting `$5,000,000'.

END