II 109th CONGRESS 1st Session S. 1779 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.

1.

Short title

This Act may be cited as the Downed Animal Protection Act.

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.

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:

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).