[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 661 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 661
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
January 24, 2007
Mr. Ackerman (for himself, Mr. LaTourette, Ms. DeLauro, Mr. Crowley,
Mr. Tierney, Ms. Lee, Mr. Grijalva, Ms. Berkley, Mr. Moran of Virginia,
Ms. Woolsey, Ms. Schwartz, Mr. Bartlett of Maryland, Mr. King of New
York, Mr. George Miller of California, Mr. Smith of New Jersey, Ms.
Pryce of Ohio, Mr. Kildee, Mr. Cummings, Mr. Frank of Massachusetts,
Ms. Kaptur, Ms. Shea-Porter, Ms. Sutton, Mr. Weiner, Mr. Dicks, Mr.
Doyle, Mr. Blumenauer, Mr. Nadler, Mr. Serrano, Mr. Gutierrez, Ms.
Jackson-Lee of Texas, Mr. Higgins, Mr. McDermott, Mr. Sherman, Mr.
Berman, Ms. Zoe Lofgren of California, Ms. Bordallo, Mr. Pallone, Mrs.
Davis of California, Mr. Hinchey, Mr. Farr, Mrs. McCarthy of New York,
Mr. Wexler, Mr. DeFazio, Mrs. Maloney of New York, Mr. Holt, Mr. Shays,
Mr. Gerlach, Mr. Gallegly, Mrs. Lowey, Ms. Matsui, Mrs. Capps, Mrs.
Tauscher, Mr. Israel, Mr. LoBiondo, Ms. Carson, Mr. Clyburn, Mrs.
Capito, Mr. Bishop of New York, Ms. McCollum of Minnesota, Mr. Payne,
Mr. Van Hollen, Mr. Udall of Colorado, Mr. Platts, Mr. Rangel, Mr.
McNulty, Mr. Olver, Mr. Schiff, Mr. Conyers, Mr. Saxton, Mrs. Biggert,
Mr. Wolf, Mr. Kirk, Mr. Cleaver, Mr. Honda, and Mr. Stark) 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, 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.
``(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.--
``(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 or other employee of an
establishment shall label, mark, stamp, or tag as `inspected
and condemned' any material described in paragraph (1).''.
(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).
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