[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 850 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 850

 To amend the Packers and Stockyards Act, 1921 to make it unlawful for 
  any stockyard owner, market agency, or dealer to transfer or market 
            nonambulatory livestock, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1997

 Mr. Akaka (for himself, Mr. Smith of New Hampshire, Mr. Reid, and Mr. 
  Torricelli) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Packers and Stockyards Act, 1921 to make it unlawful for 
  any stockyard owner, market agency, or dealer to transfer or market 
            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 STOCKYARD PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.

    (a) In General.--Title III of the Packers and Stockyards Act, 1921, 
is amended by inserting after section 317 (7 U.S.C. 217a) the 
following:

``SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY 
              LIVESTOCK.

    ``(a) Definitions.--In this section:
            ``(1) Humanely euthanized.--The term `humanely euthanized' 
        means to kill an animal by mechanical, chemical, or other means 
        that immediately render the animal unconscious, with this state 
        remaining until the animal's death.
            ``(2) Nonambulatory livestock.--The term `nonambulatory 
        livestock' means any livestock that is unable to stand and walk 
        unassisted.
    ``(b) Unlawful Practices.--It shall be unlawful for any stockyard 
owner, market agency, or dealer to buy, sell, give, receive, transfer, 
market, hold, or drag any nonambulatory livestock unless the 
nonambulatory livestock has been humanely euthanized.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) takes 
        effect 1 year after the date of the enactment of this Act.
            (2) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Agriculture shall issue 
        regulations to carry out the amendment.
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