Downed Animal Protection Act

Downed Animal Protection Act - Directs the Secretary of Agriculture to promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by a covered entity, including a requirement that nonambulatory livestock be humanely euthanized.

Provides that an entity shall: (1) not move nonambulatory livestock while such livestock is conscious; and (2) humanely euthanize such livestock.

Prohibits an establishment covered by the Federal Meat Inspection Act to pass nonambulatory livestock through inspection.

Defines "covered entity," and "humanely euthanize."

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1298 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1298

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2003

   Mr. Akaka (for himself, Mr. Leahy, and Mrs. Boxer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 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).
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