[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6202 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6202

    To promote the well-being of animals held for commercial use by 
       providing such animals protection from cruelty and abuse.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2008

   Mr. Moran of Virginia (for himself, Mr. Shays, Mr. Payne, and Mr. 
   Tierney) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
    To promote the well-being of animals held for commercial use by 
       providing such animals protection from cruelty and abuse.

    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 ``Farm Animals Anti-Cruelty Act''.

SEC. 2. FINDING AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
            (1) prohibiting cruelty to and abuse of animals held for 
        commercial use promotes public health and responsible 
        stewardship, reduces animal suffering, and is necessary given 
        the industrialization of animal food production; and
            (2) animals held for commercial use are in interstate or 
        foreign commerce or substantially affect such commerce or the 
        free flow thereof, and regulation of the treatment of animals 
        held for commercial use prevents and eliminates burdens upon 
        such commerce.
    (b) Declaration of Policy.--It is the policy of the United States 
that the raising, handling, transport, and slaughter of animals held 
for commercial use shall be carried out only by humane methods.

SEC. 3. PROHIBITED ACTS.

    (a) Prohibited Acts.--Whoever, without justification, kills, 
mutilates, disfigures, tortures, or intentionally causes an animal held 
for commercial use pain or suffering, or has responsibility for an 
animal held for commercial use and fails to provide food, water, 
shelter, and health care as is necessary to assure the animal's health 
and well-being appropriate to the animal's age and species, shall be 
subject to the penalties provided in section 5.

SEC. 4. EXEMPTIONS.

    (a) Exempted Treatment.--Nothing in this Act shall apply to the 
treatment of an animal held for commercial use--
            (1) in lawful scientific or agricultural research;
            (2) while undergoing an examination, test, treatment, or 
        operation for veterinary purposes to improve the well-being of 
        the animal; or
            (3) in exhibition at a state or county fair, or at similar 
        exhibitions.
    (b) Exempted Acts.--Any act in compliance with the Humane Slaughter 
Act (7 U.S.C. 1901 et seq.) is not prohibited under this Act.

SEC. 5. ENFORCEMENT.

    (a) Action by Attorney General.--The Attorney General may bring an 
action in an appropriate United States district court to obtain relief 
under this Act, including seeking declaratory or injunctive relief for 
any alleged violation of section 3.
    (b) Civil Actions and Penalties.--
            (1) 100 animals or fewer.--The civil penalty for a 
        violation of this Act involving 100 animals or fewer shall be 
        not less than $500 and not more than $10,000.
            (2) More than 100 animals.--The civil penalty for a 
        violation of this Act involving more than 100 animals shall be 
        not less than $5000 and not more than $100,000.
    (c) Criminal Penalties.--
            (1) 100 animals or fewer.--For an incident involving 100 
        animals or fewer, a person who knowingly violates this Act 
        shall be subject to a fine of not less than $500 and not more 
        than $10,000, or imprisonment for not more than one year, or 
        both.
            (2) More than 100 animals.--For an incident involving more 
        than 100 animals, a person who knowingly violates this Act 
        shall be subject to a fine of not less than $5,000 and not more 
        than $100,000, or imprisonment for not more than one year, or 
        both.

SEC. 6. EFFECT ON STATE LAWS.

    Nothing in this Act shall be construed to preempt any provision of 
the law of any State or political subdivision of that State prohibiting 
animal cruelty or regulating or promoting animal welfare.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Animal.--The term ``animal'' means any animal being 
        held for commercial use and not as a pet, including livestock 
        such as cattle, calves, swine, chickens, turkeys, ducks, geese, 
        goats, sheep, lambs, rabbits, and other non-aquatic animals.
            (2) Commercial use.--The term ``commercial use'' means use, 
        or intended for use, as food or fiber or for food or fiber 
        production.
            (3) Person having responsibility for an animal.--The term 
        ``person having responsibility for an animal'' refers to an 
        animal's owner, a person who has charge, custody, or control of 
        an animal, or an employee or agent of either.
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