[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 443 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 443

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 cattle, sheep, swine, horses, mules, or goats, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 1999

Mr. Ackerman (for himself, Mr. Shays, Ms. Kilpatrick, Mr. Smith of New 
  Jersey, Mr. Campbell, Mrs. Johnson of Connecticut, Mr. Sherman, Mr. 
 Wexler, Mr. Lewis of Georgia, Mr. Abercrombie, Ms. Pelosi, Mr. Payne, 
     Mr. Wynn, Mr. Delahunt, Mr. Brown of California, Mr. Farr of 
  California, Mr. Moran of Virginia, Ms. DeGette, Mr. Traficant, Mrs. 
  Tauscher, Mr. Deutsch, Mr. Waxman, Ms. Rivers, Ms. Lee, Mr. Filner, 
 Mrs. Lowey, Mr. Frank of Massachusetts, Mr. Kucinich, Mr. Berman, Mr. 
Pascrell, Mr. George Miller of California, Mr. Gilman, Ms. Woolsey, Mr. 
    DeFazio, Mr. Tierney, Mr. Crowley, Mr. Clyburn, Mr. Borski, Mr. 
 Blumenauer, Mrs. Maloney of New York, and Mr. Lantos) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 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 cattle, sheep, swine, horses, mules, or goats, 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) Unlawful Practices.--Title III of the Packers and Stockyards 
Act, 1921, is amended by inserting after section 317 (7 U.S.C. 217a) 
the following new section:

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

    ``(a) Definitions.--As used in this section:
            ``(1) 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) 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.
    ``(c) Civil Penalty.--The Secretary shall assess a civil penalty of 
not more than $2,500 against any stockyard owner, market agency, or 
dealer that violates this section or any regulation or order of the 
Secretary under this section. A penalty under this subsection shall be 
assessed by the Secretary on the record after an opportunity for a 
hearing. Each day on which a violation occurs and each instance of 
prohibited action against nonambulatory livestock shall be considered a 
separate violation.
    ``(d) Criminal Violations.--Any stockyard owner, market agency, or 
dealer that knowingly violates this section or any regulation or order 
of the Secretary under this section shall be fined under title 18, 
United States Code, or imprisoned for not more than one year, or both, 
for each violation.''.
    (b) Effective Date; Rules.--Section 318 of the Packers and 
Stockyards Act, 1921, as added by subsection (a), shall take effect at 
the end of the one-year period beginning on the date of the enactment 
of this Act. By the end of such period, the Secretary shall issue rules 
to implement such section.
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