Pigs in Gestation Stalls Act of 2023 or the PIGS Act of 2023
This bill expands the Animal Welfare Act to prohibit certain methods of confining breeding pigs that restrict their movement. In addition, it establishes a program that provides financial assistance to pig producers to assist them in complying with the prohibitions.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2939 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2939
To amend the Animal Welfare Act to prohibit the confinement of pregnant
pigs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Escobar (for herself, Ms. Barragan, Ms. Norton, and Mr. Neguse)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to prohibit the confinement of pregnant
pigs, 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 ``Pigs In Gestation Stalls Act of
2023'' or the ``PIGS Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Intensive confinement of pigs is a significant animal
welfare issue, causing physical problems and psychological
anguish for the animals.
(2) Dozens of major food retailers and more than 10 States
have taken action to phase out the use of intensive confinement
for pigs, reflecting the will and concerns of the public.
(3) At least two States have adopted policies to forbid the
sale of pork from factory farms that use gestation crates, with
that policy predicated on human health and animal welfare
concerns.
(4) As more consumers turn away from purchasing pork
products derived from intensive confinement practices, the pork
industry will be better aligned with its customers by ending
these unpopular and inhumane housing methods.
SEC. 3. PROHIBITION ON CONFINING BREEDING PIGS.
(a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is
amended by adding at the end the following:
``SEC. 30. PROHIBITION ON CONFINING BREEDING PIGS.
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for a person to
cause any breeding pig to be confined in--
``(A) such a manner that prevents the pig from
lying down, standing up, or turning around--
``(i) in a complete circle without any
impediment, including a tether; and
``(ii) without touching the side of an
enclosure or another animal; and
``(B) beginning on December 31, 2023, a space with
less than 24 square feet of usable floorspace per pig,
as calculated under paragraph (3).
``(2) Exceptions.--The Secretary shall not, in applying
paragraph (1), consider a breeding pig to be confined in a
cruel manner if such confinement occurs during--
``(A) transportation;
``(B) examination, testing, treatment, or an
operation conducted for veterinary purposes, but only
if performed by or under the direct supervision of a
licensed veterinarian;
``(C) the five-day period before the pig's expected
date of farrowing; and
``(D) slaughter conducted in accordance with the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et
seq.).
``(3) Calculation of usable floorspace.--For purposes of
paragraph (1)(B), the total square footage of floorspace
provided to each breeding pig in an enclosure shall be
determined by dividing--
``(A) the total square footage of floorspace
provided to all the animals in such enclosure; by
``(B) the number of animals in that enclosure.
``(b) Penalties.--For the purpose of administering and enforcing
this section, the authorities provided under sections 10414 and 10415
of the Animal Health Protection Act (7 U.S.C. 8313 and 8314) shall
apply to this section in a similar manner as those sections apply to
the Animal Health Protection Act (7 U.S.C. 8301 et seq.). Any person
that violates the prohibition under subsection (a) shall be subject to
penalties provided in such section 10414.
``(c) No Preemption.--Nothing in this section preempts any State or
local laws, regulations, orders, or other requirements with respect to
animal welfare that are identical to or are in addition to the
requirements of this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed as limiting the authority of the Secretary under this Act or
another Federal law to protect animal welfare.
``(e) Severability.--If this section is held unconstitutional as to
some provisions or circumstances, it shall remain in force as to the
remaining provisions and other circumstances.
``(f) Financial Assistance.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary will provide financial assistance to
pig producers to assist such producers in complying with the
requirements of this section.
``(2) Priority.--The Secretary shall allocate funds made
available under paragraph (3) among pig producers in a manner
that prioritizes independent pig producers.
``(3) Funding.--The Secretary shall amend the order in
effect as of the date of the enactment of this section under
section 1616(c) of the Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4805(c)), to direct the
National Pork Board, notwithstanding section 1620(c) of such
Act (7 U.S.C. 4809(c)), to set aside not less than $10,000,000
of the funds collected from assessments made under such Act for
the first fiscal year that begins after the date of the
enactment of this section and the following fiscal year to
provide assistance to pig producers, as described in paragraph
(1).
``(g) Definitions.--In this section:
``(1) The term `breeding pig' means any female pig that
is--
``(A) kept for the purpose of commercial breeding
who is six months of age or older; or
``(B) pregnant.
``(2) The term `enclosure' means any cage, crate or other
enclosure in which a pig is kept, including, a gestation crate.
``(3) The term `pig' means any animal of the porcine
species.
``(4) The term `independent pig producer' means a pig
producer who owns their own pigs and is not contracted to raise
pigs that belong to another entity.''.
(b) Applicability.--The amendment made by this section shall apply
beginning on the date that is one year after the date of the enactment
of this Act.
<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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