No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8994 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8994
To direct the Secretary of Agriculture to remove nonambulatory pigs
from the United States food system, to establish an online portal for
confidential complaints, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2024
Ms. Escobar (for herself, Mr. Blumenauer, Mr. Raskin, and Mr. Cardenas)
introduced the following bill; which was referred to the Committee on
Agriculture, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to remove nonambulatory pigs
from the United States food system, to establish an online portal for
confidential complaints, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pigs and Public
Health Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--HUMANE HANDLING REFORMS FOR NONAMBULATORY PIGS
Sec. 101. Unlawful use of drugs contributing to nonambulatory
conditions.
Sec. 102. Transportation of pigs.
Sec. 103. Unlawful slaughter practices involving pigs.
Sec. 104. OSHA standard and staffing requirement.
TITLE II--PUBLIC HEALTH TRANSPARENCY
Sec. 201. Online portal for confidential complaints.
Sec. 202. Whistleblower protection.
Sec. 203. Study and report on threat of nonambulatory pigs in food
system.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Humane euthanization of nonambulatory pigs--
(A) prevents needless suffering;
(B) results in safer and better working conditions
for individuals handling pigs;
(C) brings about improvement of products and
reduces the likelihood of the spread of zoonotic and
other diseases that have a great and deleterious
economic impact; and
(D) protects the public health of consumers by
ensuring that products from nonambulatory pigs do not
enter the food supply.
(2) Many nonambulatory pigs are ill and may carry dangerous
pathogens, posing a serious public health risk, considering--
(A) in a 2008 study, significantly more
nonambulatory pigs than control pigs tested positive
for swine influenza viruses H1N1 and H3N2;
(B) other studies have indicated that nonambulatory
pigs may increase risk of transmission of pathogens
such as Salmonella and Yersinia enterocolitica and may
be more likely to harbor antibiotic-resistant
Campylobacter; and
(C) the Centers for Disease Control and Prevention
estimates that pork containing pathogens leads to about
525,000 infections, 2,900 hospitalizations, and 82
deaths in humans each year.
(3) Industrial operators have created a system that allows
for the inhumane handling of nonambulatory livestock that
causes needless suffering, unsafe working conditions, and the
spread of foodborne and zoonotic diseases.
(4) Industrial operators have abused the use of certain
drugs that increase the risk of pigs becoming nonambulatory.
(5) Current Federal animal transport laws are ineffective,
inherently cruel, and cause pigs to become nonambulatory.
(6) Employees and contract laborers on farms, during
transport, and at slaughter deal with nonambulatory pigs first
hand, making them uniquely positioned to report public health
threats they witness.
(7) Since 2004, the Department of Agriculture's Food Safety
and Inspection Service has banned all nonambulatory cattle from
entering the Nation's food supply due to increased risk of
disease spread, but there are no such regulations for other
species.
(8) In 2002, Congress mandated that the Department of
Agriculture release a report regarding nonambulatory animals,
but no such report has been released. The Department of
Agriculture released a report on nonambulatory cattle and
calves in 2005 and a report on sheep and goats in 2006. No
report has been issued on nonambulatory pigs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means--
(A) a stockyard;
(B) a market agency;
(C) a packer (as defined in section 201 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 191));
(D) a dealer (as defined in section 301 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 201));
(E) a slaughter facility; and
(F) an establishment subject to inspection pursuant
to the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.).
(2) Covered individual.--The term ``covered individual''
means any employee, former employee, contractor, or other
person who has worked or is currently working for or with a
covered entity.
(3) Nonambulatory pig.--The term ``nonambulatory pig''
means any swine that cannot stand or walk unassisted.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--HUMANE HANDLING REFORMS FOR NONAMBULATORY PIGS
SEC. 101. UNLAWFUL USE OF DRUGS CONTRIBUTING TO NONAMBULATORY
CONDITIONS.
The Animal Health Protection Act is amended by inserting after
section 10409A (7 U.S.C. 8308a) the following:
``SEC. 10409B. UNLAWFUL USE OF BETA-ADRENERGIC AGONIST DRUGS IN PIGS.
``Any use of a beta-adrenergic agonist drug, including ractopamine,
zilpaterol, and lubabegron, in a pig in the absence of disease,
including use for growth promotion or feed efficiency, is
prohibited.''.
SEC. 102. TRANSPORTATION OF PIGS.
(a) In General.--The Animal Welfare Act is amended by inserting
after section 13 (7 U.S.C. 2143) the following:
``SEC. 13A. TRANSPORTATION OF PIGS.
``(a) Transportation.--In any case in which pigs are transported by
a covered provider of transportation on behalf of a covered entity, the
covered provider of transportation transporting the pigs shall ensure
that--
``(1) the means of transport provides adequate protection
of the pigs from high winds, rain, and snow;
``(2) the pigs are provided with appropriate bedding or
equivalent material that--
``(A) prevents slipping;
``(B) ensures a level of comfort appropriate to--
``(i) pigs;
``(ii) the number of pigs being
transported;
``(iii) the duration of the period of
transportation; and
``(iv) the weather; and
``(C) provides adequate absorption of urine and
feces;
``(3) the pigs are not overcrowded during transport;
``(4) the means of transport is equipped with a water
supply that ensures that each pig has access to water in a
manner and quantity appropriate to the species and size of the
animal;
``(5) watering devices on the means of transport are--
``(A) in good working order;
``(B) appropriately designed; and
``(C) positioned appropriately for pigs to be
watered during transport;
``(6) the pigs have enough space--
``(A) to turn around;
``(B) to lie down; and
``(C) to fully extend their limbs; and
``(7) the pigs are not transported if the temperature
within the means of transport cannot be maintained between 50
and 75 degrees Fahrenheit.
``(b) Recordkeeping.--
``(1) In general.--Each covered provider of transportation
shall maintain records of all pigs transported by such covered
provider on behalf of any covered entity.
``(2) Production of records.--A covered provider of
transportation shall provide the records maintained under
paragraph (1) to the Secretary on request.
``(c) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means--
``(A) a stockyard;
``(B) a market agency;
``(C) a packer (as defined in section 201 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 191));
``(D) a dealer (as defined in section 301 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 201));
``(E) a slaughter facility; and
``(F) an establishment.
``(2) Covered provider of transportation.--The term
`covered provider of transportation' means any entity that
provides transport of livestock on behalf of a covered entity.
``(3) Establishment.--The term `establishment' means an
establishment that is subject to inspection pursuant to the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.).''.
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate final regulations to
enforce the provisions of subsection (a).
SEC. 103. UNLAWFUL SLAUGHTER PRACTICES INVOLVING PIGS.
(a) In General.--Public Law 85-765 (commonly known as the ``Humane
Methods of Slaughter Act of 1958'') is amended by adding at the end the
following:
``SEC. 7. HUMANE TREATMENT OF PIGS.
``(a) Nonambulatory Pigs.--
``(1) Humane treatment, handling, and disposition.--The
Secretary of Agriculture shall promulgate regulations to
provide for the humane treatment, handling, and disposition of
all nonambulatory pigs by covered entities, including
requirements for a covered entity--
``(A) to, subject to paragraph (2), immediately
humanely euthanize nonambulatory pigs in the possession
of the covered entity;
``(B) to have written policies and procedures in
place, and proper equipment, relating to the humane
handling, euthanization, and disposition of all
nonambulatory pigs in the possession of the covered
entity;
``(C) to maintain records of all nonambulatory pigs
in the possession of the covered entity; and
``(D) to electronically submit such written
policies and procedures and such records to the
Administrator of the Food Safety and Inspection
Service.
``(2) Humane euthanasia.--
``(A) In general.--The Secretary shall promulgate
regulations specifying--
``(i) the methods of euthanasia that shall
be acceptable for the humane disposition of
nonambulatory pigs required under the
regulations promulgated under paragraph (1);
and
``(ii) processes for ensuring effective
enforcement of the use of such methods.
``(B) Disease testing.--The Secretary shall test
nonambulatory pigs for a disease, such as swine
influenza viruses H1N1 and H3N2, Salmonella, Yersinia
enterocolitica, Campylobacter, and Methicillin-
resistant Staphylococcus aureus.
``(3) Transacting or processing.--A covered entity shall
not--
``(A) buy or sell a nonambulatory pig;
``(B) process, butcher, or sell meat or meat food
products of a nonambulatory pig; or
``(C) slaughter any nonambulatory pig or prepare
any carcass or part of a carcass, or meat or meat food
product, from any nonambulatory pig.
``(4) Records.--The Administrator of the Food Safety and
Inspection Service shall maintain all documents submitted by
covered entities pursuant to the regulations under paragraph
(1).
``(b) Willful Acts of Abuse.--The Secretary shall promulgate
regulations prohibiting a covered individual from committing any
willful act of abuse--
``(1) against nonambulatory pigs; or
``(2) that may reasonably be expected to result in injury
or illness of ambulatory pigs.
``(c) Injured and Diseased Pigs.--
``(1) Injured pigs.--The Secretary shall promulgate
regulations specifying the proper handling of injured pigs by a
covered entity, including requirements to--
``(A) immediately treat or humanely euthanize pigs
diagnosed as lame; and
``(B) immediately humanely euthanize--
``(i) pigs with--
``(I) uterine prolapses; or
``(II) any type of prolapse that is
not addressed and becomes necrotic;
``(ii) pigs with--
``(I) perforated hernias;
``(II) hernias that are ulcerated
and necrotic; or
``(III) large hernias that touch
the ground while standing and are
ulcerated; and
``(iii) pigs that are unlikely to recover
from any other type of injury, even with
treatment.
``(2) Diseased pigs.--The Secretary shall promulgate
regulations specifying the proper handling of diseased pigs by
a covered entity, including requirements to immediately
humanely euthanize pigs that are not responding to care or are
unlikely to recover from disease or illness.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means--
``(A) a stockyard;
``(B) a market agency;
``(C) a packer (as defined in section 201 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 191));
``(D) a dealer (as defined in section 301 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 201));
``(E) a slaughter facility; and
``(F) an establishment.
``(2) Covered individual.--The term `covered individual'
means any employee, former employee, contractor, or other
person who has worked or is currently working for or with a
covered entity.
``(3) Diseased.--The term `diseased' means a state of
being--
``(A) that deviates from the normal structural or
functional state of an animal;
``(B) in which the animal is impaired or exhibits
signs or symptoms of pain or suffering; and
``(C) that is not caused by physical injury.
``(4) Establishment.--The term `establishment' means an
establishment that is subject to inspection pursuant to the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
``(5) Humanely euthanize.--The term `humanely euthanize'
means, with respect to a pig, to immediately render the pig
unconscious by mechanical, chemical, or other means, with the
unconscious state remaining until the death of the pig.
``(6) Injured.--The term `injured' means a state of being
in which an animal's body is physically harmed or damaged.
``(7) Nonambulatory pig.--The term `nonambulatory pig'
means any swine that cannot stand or walk unassisted.
``(8) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(9) Willful acts of abuse.--The term `willful acts of
abuse' means, with respect to pigs, any acts that intentionally
cause pain or suffering to the pigs, including--
``(A) hitting or beating the pigs, such as with a
fist, foot, or any hard objects that can cause pain or
injury;
``(B) purposefully slamming, dropping, throwing, or
dragging the pigs by any body part, except in the case
of moving nonambulatory pigs using a drag mat;
``(C) excessive use of electric prods, including--
``(i) prodding the pigs in sensitive areas,
such as the face, genitals, or rectum;
``(ii) providing a shock that lasts longer
than one second; and
``(iii) using electric prods other than as
a last resort;
``(D) failure to provide food, water, and care to
the pigs in a manner that could result in significant
harm or death to the pigs; and
``(E) driving the pigs on top of one another,
including with the use of motorized vehicles.''.
(b) Inspection of Nonambulatory Pigs; Labeling.--Section 6 of the
Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at the
end the following:
``(c) Inspection of Nonambulatory Pigs; Labeling.--
``(1) Inspection.--It shall be unlawful for an inspector at
an establishment subject to inspection under this Act to pass
through inspection any nonambulatory pig or carcass (including
parts of a carcass) of a nonambulatory pig.
``(2) Labeling.--An inspector or other employee of an
establishment described in paragraph (2) shall label, mark,
stamp, or tag as `inspected and condemned' any carcass
(including parts of a carcass) of a nonambulatory pig.
``(3) Nonambulatory pig defined.--In this subsection, the
term `nonambulatory pig' means any swine that cannot stand or
walk unassisted.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall 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 shall promulgate final
regulations to implement the amendments made by subsections (a)
and (b).
SEC. 104. OSHA STANDARD AND STAFFING REQUIREMENT.
(a) Proposed Standard.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Labor shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655), promulgate a proposed standard for handling nonambulatory pigs.
Such proposed standard shall include requirements for--
(1) employee training related to handling such pigs; and
(2) the use of mechanical lifting aids.
(b) Final Standard.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655), promulgate a final standard that shall be--
(1) based on the proposed standard under paragraph (1); and
(2) effective and enforceable in the same manner and to the
same extent as any standard promulgated under section 6(b) of
such Act (29 U.S.C. 655(b)).
(c) Staffing Requirement.--A covered entity shall take such steps
as may be necessary, including hiring and training additional
employees, to comply with the requirements of this Act, the amendments
made by this Act, and the final standard promulgated pursuant to
subsection (b).
TITLE II--PUBLIC HEALTH TRANSPARENCY
SEC. 201. ONLINE PORTAL FOR CONFIDENTIAL COMPLAINTS.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Agriculture, in consultation
with the Secretary of Labor, shall establish and make publicly
available on the website of the Department of Agriculture an online
portal, through which individuals may submit confidential complaints
regarding alleged or potential violations by a covered entity of--
(1) this Act, or the amendments made by this Act,
including--
(A) section 10409B of the Animal Health Protection
Act (as inserted by section 101);
(B) section 13A of the Animal Welfare Act (as
inserted by section 102);
(C) section 7 of Public Law 85-765 (commonly known
as the ``Humane Methods of Slaughter Act of 1958'') (as
added by section 103(a)); and
(D) section 6(c) of the Federal Meat Inspection Act
(as added by section 103(b));
(2) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.); or
(3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(b) Public Notice.--Upon the establishment of the online portal
described in subsection (a), the Secretary shall issue a public notice
informing individuals of--
(1) their right to use such portal; and
(2) the confidentiality protections provided by the
Department of Agriculture and the Department of Justice to
individuals who submit complaints through such portal, which
shall include--
(A) keeping confidential any personally
identifiable information of an individual contained in
such a complaint, unless--
(i) such individual provides to the
Secretary advance written permission to release
such information; or
(ii)(I) the release of such information is
otherwise required by law; and
(II) the Secretary provides to such
individual advance warning, as soon as
feasible, that the release of such information
is legally required; and
(B) a requirement that if work on the case is
transferred to a nongovernmental entity, that entity
will be bound by the original confidentiality
provisions.
(c) Annual Reports on Aggregate Data.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter, the
Secretary shall make publicly available a report describing the
aggregate data collected from the online portal described in subsection
(a).
SEC. 202. WHISTLEBLOWER PROTECTION.
(a) In General.--A covered entity shall not discharge, demote,
suspend, threaten, harass, or in any other manner discriminate against
a covered individual because of any lawful act done by the covered
individual--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct that the covered individual reasonably believes is
illegal or constitutes a violation of this Act or the
amendments made by this Act;
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding or action filed, or about to
be filed, relating to a violation of any law, rule, or
regulation; or
(3) to refuse to violate, or assist in the violation of,
any law, rule, or regulation.
(b) Enforcement Action.--
(1) Complaint.--
(A) In general.--A covered individual who alleges
discharge or other discrimination by any person in
violation of paragraph (1) may seek relief by filing a
complaint with the Office of the Inspector General of
the Department of Agriculture, which shall investigate
the concerns raised by the covered individual that
allegedly caused retaliation.
(B) Legal action.--If the Office of the Inspector
General has not issued a final decision regarding the
investigation by the date that is 210 days after the
date on which the complaint is filed, and there is no
showing that the delay is due to the bad faith of the
claimant, the claimant may bring an action at law or
equity for de novo review in the appropriate district
court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
(2) Procedure.--A complaint under paragraph (1)(A) shall be
governed under the rules and procedures established in section
1013 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
399d) and shall be resolved within 21 days after the date on
which such complaint is filed.
(3) Remedies.--A covered individual who prevails in any
action under subparagraph (A) shall be entitled to remedies
equivalent to relief provided under section 1013(b)(4)(B) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
399d(b)(4)(B)).
(c) Rights Retained by the Individual.--
(1) In general.--Nothing in this subsection diminishes the
rights, privileges, or remedies of any individual under any
Federal or State law, or under any collective bargaining
agreement.
(2) Waiver of rights and remedies.--The rights and remedies
provided for in this section may not be waived by any
agreement, policy form, or condition of employment, including
by a predispute arbitration agreement.
(3) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable, to the
extent the agreement requires arbitration of a dispute arising
under this section.
SEC. 203. STUDY AND REPORT ON THREAT OF NONAMBULATORY PIGS IN FOOD
SYSTEM.
(a) Study.--The Under Secretary of Agriculture for Food Safety
shall, in coordination with the Director of the Centers for Disease
Control and Prevention, conduct a study regarding the public health
threat of nonambulatory pigs entering the food system.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary shall submit to
Congress, and make publicly available, a report describing the
results of the study conducted under subsection (a).
(2) Contents.--Such report shall include, at a minimum,
descriptions of the impact on the public health of pathogens
associated with nonambulatory pigs, including--
(A) swine influenza viruses H1N1 and H3N2;
(B) Salmonella;
(C) Yersinia enterocolitica;
(D) Campylobacter; and
(E) Methicillin-resistant Staphylococcus aureus.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
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