[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2939 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2939

To amend the Animal Welfare Act to prohibit the confinement of pregnant 
                     pigs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2023

  Ms. Escobar (for herself, Ms. Barragan, Ms. Norton, and Mr. Neguse) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the Animal Welfare Act to prohibit the confinement of pregnant 
                     pigs, 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 ``Pigs In Gestation Stalls Act of 
2023'' or the ``PIGS Act of 2023''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Intensive confinement of pigs is a significant animal 
        welfare issue, causing physical problems and psychological 
        anguish for the animals.
            (2) Dozens of major food retailers and more than 10 States 
        have taken action to phase out the use of intensive confinement 
        for pigs, reflecting the will and concerns of the public.
            (3) At least two States have adopted policies to forbid the 
        sale of pork from factory farms that use gestation crates, with 
        that policy predicated on human health and animal welfare 
        concerns.
            (4) As more consumers turn away from purchasing pork 
        products derived from intensive confinement practices, the pork 
        industry will be better aligned with its customers by ending 
        these unpopular and inhumane housing methods.

SEC. 3. PROHIBITION ON CONFINING BREEDING PIGS.

    (a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is 
amended by adding at the end the following:

``SEC. 30. PROHIBITION ON CONFINING BREEDING PIGS.

    ``(a) Prohibition.--
            ``(1) In general.--It shall be unlawful for a person to 
        cause any breeding pig to be confined in--
                    ``(A) such a manner that prevents the pig from 
                lying down, standing up, or turning around--
                            ``(i) in a complete circle without any 
                        impediment, including a tether; and
                            ``(ii) without touching the side of an 
                        enclosure or another animal; and
                    ``(B) beginning on December 31, 2023, a space with 
                less than 24 square feet of usable floorspace per pig, 
                as calculated under paragraph (3).
            ``(2) Exceptions.--The Secretary shall not, in applying 
        paragraph (1), consider a breeding pig to be confined in a 
        cruel manner if such confinement occurs during--
                    ``(A) transportation;
                    ``(B) examination, testing, treatment, or an 
                operation conducted for veterinary purposes, but only 
                if performed by or under the direct supervision of a 
                licensed veterinarian;
                    ``(C) the five-day period before the pig's expected 
                date of farrowing; and
                    ``(D) slaughter conducted in accordance with the 
                Humane Methods of Slaughter Act (7 U.S.C. 1901 et 
                seq.).
            ``(3) Calculation of usable floorspace.--For purposes of 
        paragraph (1)(B), the total square footage of floorspace 
        provided to each breeding pig in an enclosure shall be 
        determined by dividing--
                    ``(A) the total square footage of floorspace 
                provided to all the animals in such enclosure; by
                    ``(B) the number of animals in that enclosure.
    ``(b) Penalties.--For the purpose of administering and enforcing 
this section, the authorities provided under sections 10414 and 10415 
of the Animal Health Protection Act (7 U.S.C. 8313 and 8314) shall 
apply to this section in a similar manner as those sections apply to 
the Animal Health Protection Act (7 U.S.C. 8301 et seq.). Any person 
that violates the prohibition under subsection (a) shall be subject to 
penalties provided in such section 10414.
    ``(c) No Preemption.--Nothing in this section preempts any State or 
local laws, regulations, orders, or other requirements with respect to 
animal welfare that are identical to or are in addition to the 
requirements of this section.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed as limiting the authority of the Secretary under this Act or 
another Federal law to protect animal welfare.
    ``(e) Severability.--If this section is held unconstitutional as to 
some provisions or circumstances, it shall remain in force as to the 
remaining provisions and other circumstances.
    ``(f) Financial Assistance.--
            ``(1) In general.--The Secretary shall establish a program 
        under which the Secretary will provide financial assistance to 
        pig producers to assist such producers in complying with the 
        requirements of this section.
            ``(2) Priority.--The Secretary shall allocate funds made 
        available under paragraph (3) among pig producers in a manner 
        that prioritizes independent pig producers.
            ``(3) Funding.--The Secretary shall amend the order in 
        effect as of the date of the enactment of this section under 
        section 1616(c) of the Pork Promotion, Research, and Consumer 
        Information Act of 1985 (7 U.S.C. 4805(c)), to direct the 
        National Pork Board, notwithstanding section 1620(c) of such 
        Act (7 U.S.C. 4809(c)), to set aside not less than $10,000,000 
        of the funds collected from assessments made under such Act for 
        the first fiscal year that begins after the date of the 
        enactment of this section and the following fiscal year to 
        provide assistance to pig producers, as described in paragraph 
        (1).
    ``(g) Definitions.--In this section:
            ``(1) The term `breeding pig' means any female pig that 
        is--
                    ``(A) kept for the purpose of commercial breeding 
                who is six months of age or older; or
                    ``(B) pregnant.
            ``(2) The term `enclosure' means any cage, crate or other 
        enclosure in which a pig is kept, including, a gestation crate.
            ``(3) The term `pig' means any animal of the porcine 
        species.
            ``(4) The term `independent pig producer' means a pig 
        producer who owns their own pigs and is not contracted to raise 
        pigs that belong to another entity.''.
    (b) Applicability.--The amendment made by this section shall apply 
beginning on the date that is one year after the date of the enactment 
of this Act.
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