Downed Animal and Food Safety Protection Act - States that it is U.S. policy that all nonambulatory livestock in interstate and foreign commerce be immediately and humanely euthanized when such livestock become nonambulatory.
Amends the Humane Methods of Slaughter Act of 1958 to direct the Secretary of Agriculture (USDA) to promulgate regulations providing for the humane treatment, handling, and disposition of nonambulatory livestock by specified entities, including a requirement that nonambulatory livestock be humanely euthanized.
Requires an entity to: (1) humanely euthanize nonambulatory livestock (while not limiting the Secretary's ability to test nonambulatory livestock for disease, such as bovine spongiform encephalopathy), and (2) not move nonambulatory livestock unless required for a specific test for disease.
Prohibits an inspector at an establishment covered by the Federal Meat Inspection Act from passing through inspection any nonambulatory livestock, carcass, or carcass parts and requires an inspector at such establishment to label such material as "inspected and condemned."
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3704 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3704
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
December 16, 2011
Mr. Ackerman (for himself, Mr. King of New York, Mr. Moran, Ms. Jackson
Lee of Texas, Mr. George Miller of California, Mrs. Lowey, Mr.
Kucinich, Ms. Bordallo, Mr. Blumenauer, Mr. Michaud, and Ms.
Schakowsky) 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 and Food Safety
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--
``(A) a stockyard;
``(B) a market agency;
``(C) a dealer;
``(D) a packer;
``(E) a slaughter facility; or
``(F) 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 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 (including calves), 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.
``(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, provided
that such livestock are humanely euthanized immediately after
such livestock are tested for such disease.
``(d) Movement.--
``(1) In general.--Subject to paragraph (2), a covered
entity shall not move nonambulatory livestock.
``(2) Disease testing.--Notwithstanding paragraph (1), a
covered entity may humanely move nonambulatory livestock if
required for a specific test for disease if the livestock is
unconscious until euthanized in accordance with subsection (c).
``(e) Inspections.--
``(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 shall label, mark, stamp, or
tag as `inspected and condemned' any material described in
paragraph (1).
``(f) Violations.--A covered entity who violates a provision of
this section shall upon conviction be fined not more than $5,000,
imprisoned not more than one year, or both.
``(g) Effect on State Law.--This section shall not be construed to
preempt any law or regulation of a State or a political subdivision of
a State containing requirements that are greater than the requirements
of this section, or which create penalties for conduct regulated by
this section.''.
(b) Effective Date.--
(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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
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