[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4356 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4356

  To amend the Humane Methods of Slaughter Act of 1958 to ensure the 
   humane slaughter of nonambulatory cattle, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

 Mr. Ackerman (for himself, Mr. LaTourette, Mr. Grijalva, Mr. Israel, 
  Mr. Castle, Ms. Shea-Porter, Mr. Moore of Kansas, Mr. Nadler of New 
 York, Ms. Moore of Wisconsin, Ms. Eddie Bernice Johnson of Texas, Ms. 
 Sutton, Mr. Moran of Virginia, Mr. Shuler, Mr. King of New York, Mr. 
 Lewis of Georgia, Mr. Sherman, Ms. Jackson-Lee of Texas, Mr. Hinchey, 
 Mr. Jackson of Illinois, Mr. Blumenauer, Mrs. Lowey, Ms. Schakowsky, 
    Mr. Kucinich, Mr. George Miller of California, Mr. Michaud, Mr. 
 Crowley, Mr. Gerlach, Mr. Cummings, Mr. Markey of Massachusetts, Mr. 
 Inslee, Mr. Doyle, Mr. Serrano, and Ms. Lee of California) introduced 
 the following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To amend the Humane Methods of Slaughter Act of 1958 to ensure the 
   humane slaughter of nonambulatory cattle, 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 and Food Safety 
Protection Act''.

SEC. 2. FINDING AND DECLARATION OF POLICY.

    (a) Finding.--Congress finds that the humane euthanization of 
nonambulatory cattle in interstate and foreign commerce--
            (1) prevents needless suffering;
            (2) results in safer and better working conditions for 
        persons handling cattle;
            (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 
        cattle; and
            (4) produces other benefits for producers, processors, and 
        consumers that tend to expedite an orderly flow of cattle and 
        cattle products in interstate foreign commerce.
    (b) Declaration of Policy.--It is the policy of the United States 
that all nonambulatory cattle in interstate and foreign commerce shall 
be immediately and humanely euthanized when such cattle become 
nonambulatory.

SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY CATTLE.

    (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 CATTLE.

    ``(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 cattle.--The term `nonambulatory 
        cattle' means any cattle (including a calf) 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 cattle by covered 
entities, including a requirement that nonambulatory cattle 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 cattle.
            ``(2) Disease testing.--Paragraph (1) shall not limit the 
        ability of the Secretary to test nonambulatory cattle for a 
        disease, such as Bovine Spongiform Encephalopathy.
    ``(d) Movement.--
            ``(1) In general.--A covered entity shall not move 
        nonambulatory cattle while the nonambulatory cattle are 
        conscious.
            ``(2) Unconsciousness.--In the case of any nonambulatory 
        cattle that are moved, the covered entity shall ensure that the 
        nonambulatory cattle 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 
        cattle or carcass (including parts of a carcass) of 
        nonambulatory cattle.
            ``(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).
    ``(f) Effect on State Law.--This section shall not be construed to 
preempt any law or regulation of a State or a political subdivision of 
a State containing requirements that are greater than the requirements 
of this section.''.
    (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).
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