To amend the Farm Security and Rural Investment Act of 2002 to ensure the humane slaughter of nonambulatory livestock, and for other purposes.

June 19, 2003

Mr. ACKERMAN (for himself, Mr. HOUGHTON, Ms. KAPTUR, Mr. SMITH of New Jersey, Mr. ABERCROMBIE, Mr. ALLEN, Mr. BAIRD, Ms. BALDWIN, Mr. BARTLETT of Maryland, Mr. BASS, Mr. BECERRA, Mr. BERMAN, Mr. BLUMENAUER, Ms. BORDALLO, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CONYERS, Mr. COSTELLO, Mr. CROWLEY, Mrs. DAVIS of California, Mr. TOM DAVIS of Virginia, Mr. DEFAZIO, Mr. DELAHUNT, Ms. DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DOYLE, Mr. ENGEL, Mr. ENGLISH, Mr. FARR, Mr. FRANK of Massachusetts, Mr. GOSS, Mr. GUTIERREZ, Mr. HINCHEY, Mr. HOBSON, Mr. HOEFFEL, Mr. HOLT, Mr. HONDA, Mr. INSLEE, Mr. ISRAEL, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JOHNSON of Connecticut, Mrs. JONES of Ohio, Mr. KILDEE, Ms. KILPATRICK, Mr. KIRK, Mr. KUCINICH, Mrs. KELLY, Mr. LATOURETTE, Mr. LANGEVIN, Mr. LARSON of Connecticut, Ms. LEE, Mr. LEWIS of Georgia, Mr. LOBIONDO, Mrs. LOWEY, Mrs. MALONEY, Mr. MARKEY, Mrs. MCCARTHY of New York, Mr. MCNULTY, Mr. MCGOVERN, Mr. MCDERMOTT, Ms. MCCOLLUM, Mr. MEEHAN, Mr. GEORGE MILLER of California, Mr. MOORE, Mr. MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. RYAN of Ohio, Mr. SANDERS, Mr. SAXTON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SERRANO, Mr. SHAYS, Mr. SHERMAN, Ms. SLAUGHTER, Mr. STARK, Mrs. TAUSCHER, Mr. THOMPSON of Mississippi, Mr. TIBERI, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Mr. WAXMAN, Mr. WEINER, Mr. WELDON of Pennsylvania, Mr. WOLF, Ms. WOOLSEY, Mr. WU, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Agriculture

To amend the Farm Security and Rural Investment Act of 2002 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. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.

(a) IN GENERAL- Section 10815 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1967) is amended--

(1) by redesignating subsection (c) as subsection (f);

(2) by striking subsections (a) and (b) and inserting the following:

`(a) DEFINITIONS- In this section:

`(1) COVERED ENTITY- The term `covered entity' means--

`(A) a stockyard;

`(B) a market agency;

`(C) a dealer;

`(D) a slaughter facility; and

`(E) an establishment.

`(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 kill an animal by mechanical, chemical, or other means that immediately renders the animal unconscious, 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 are unable to 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 nonambulatory livestock by covered entities, including a requirement that nonambulatory livestock be humanely euthanized.

`(c) HUMANE EUTHANASIA-

`(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.

`(d) MOVEMENT-

`(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.

`(e) INSPECTIONS- It shall be unlawful for an establishment to pass through inspection any nonambulatory livestock.';

(3) in subsection (f) (as redesignated by paragraph (1))--

(A) in the first sentence--

(i) by inserting `this section and' after `enforcing'; and

(ii) by striking `subsection (b)' and inserting `this section'; and

(B) in the second sentence--

(i) by inserting `this section or' after `violates'; and

(ii) by striking `subsection (b)' and inserting `this section'.

(b) EFFECTIVE DATE-

(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by subsection (a) take 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 amendments made by subsection (a).

END