[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1779 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1779

   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 SENATE OF THE UNITED STATES

                           September 28, 2005

 Mr. Akaka (for himself and Mr. Levin) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 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 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).
                                 <all>