85 HR 8994 IH: Pigs and Public Health Act
U.S. House of Representatives
2024-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 8994
IN THE HOUSE OF REPRESENTATIVES
July 11, 2024
Ms. Escobar (for herself, Mr. Blumenauer, Mr. Raskin, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To direct the Secretary of Agriculture to remove nonambulatory pigs from the United States food system, to establish an online portal for confidential complaints, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Pigs and Public Health Act”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Title I—Humane handling reforms for nonambulatory pigs
Sec. 101. Unlawful use of drugs contributing to nonambulatory conditions.
Sec. 102. Transportation of pigs.
Sec. 103. Unlawful slaughter practices involving pigs.
Sec. 104. OSHA standard and staffing requirement.
Title II—Public health transparency
Sec. 201. Online portal for confidential complaints.
Sec. 202. Whistleblower protection.
Sec. 203. Study and report on threat of nonambulatory pigs in food system.
2.

Findings
Congress finds the following:
(1)
Humane euthanization of nonambulatory pigs—
(A)
prevents needless suffering;
(B)
results in safer and better working conditions for individuals handling pigs;
(C)
brings about improvement of products and reduces the likelihood of the spread of zoonotic and other diseases that have a great and deleterious economic impact; and
(D)
protects the public health of consumers by ensuring that products from nonambulatory pigs do not enter the food supply.
(2)
Many nonambulatory pigs are ill and may carry dangerous pathogens, posing a serious public health risk, considering—
(A)
in a 2008 study, significantly more nonambulatory pigs than control pigs tested positive for swine influenza viruses H1N1 and H3N2;
(B)
other studies have indicated that nonambulatory pigs may increase risk of transmission of pathogens such as Salmonella and Yersinia enterocolitica and may be more likely to harbor antibiotic-resistant Campylobacter; and
(C)
the Centers for Disease Control and Prevention estimates that pork containing pathogens leads to about 525,000 infections, 2,900 hospitalizations, and 82 deaths in humans each year.
(3)
Industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock that causes needless suffering, unsafe working conditions, and the spread of foodborne and zoonotic diseases.
(4)
Industrial operators have abused the use of certain drugs that increase the risk of pigs becoming nonambulatory.
(5)
Current Federal animal transport laws are ineffective, inherently cruel, and cause pigs to become nonambulatory.
(6)
Employees and contract laborers on farms, during transport, and at slaughter deal with nonambulatory pigs first hand, making them uniquely positioned to report public health threats they witness.
(7)
Since 2004, the Department of Agriculture’s Food Safety and Inspection Service has banned all nonambulatory cattle from entering the Nation’s food supply due to increased risk of disease spread, but there are no such regulations for other species.
(8)
In 2002, Congress mandated that the Department of Agriculture release a report regarding nonambulatory animals, but no such report has been released. The Department of Agriculture released a report on nonambulatory cattle and calves in 2005 and a report on sheep and goats in 2006. No report has been issued on nonambulatory pigs.
3.

Definitions
In this Act:
(1)

Covered entity
The term covered entity means—
(A)
a stockyard;
(B)
a market agency;
(C)
a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191));
(D)
a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 (7 U.S.C. 201));
(E)
a slaughter facility; and
(F)
an establishment subject to inspection pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(2)

Covered individual
The term covered individual means any employee, former employee, contractor, or other person who has worked or is currently working for or with a covered entity.
(3)

Nonambulatory pig
The term nonambulatory pig means any swine that cannot stand or walk unassisted.
(4)

Secretary
The term Secretary means the Secretary of Agriculture.
I

Humane handling reforms for nonambulatory pigs
101.

Unlawful use of drugs contributing to nonambulatory conditions
The Animal Health Protection Act is amended by inserting after section 10409A (7 U.S.C. 8308a) the following:
“10409B.

Unlawful use of beta-adrenergic agonist drugs in pigs
Any use of a beta-adrenergic agonist drug, including ractopamine, zilpaterol, and lubabegron, in a pig in the absence of disease, including use for growth promotion or feed efficiency, is prohibited.”.
102.

Transportation of pigs
(a)

In general
The Animal Welfare Act is amended by inserting after section 13 (7 U.S.C. 2143) the following:
“13A.

Transportation of pigs
(a)

Transportation
In any case in which pigs are transported by a covered provider of transportation on behalf of a covered entity, the covered provider of transportation transporting the pigs shall ensure that—
(1)
the means of transport provides adequate protection of the pigs from high winds, rain, and snow;
(2)
the pigs are provided with appropriate bedding or equivalent material that—
(A)
prevents slipping;
(B)
ensures a level of comfort appropriate to—
(i)
pigs;
(ii)
the number of pigs being transported;
(iii)
the duration of the period of transportation; and
(iv)
the weather; and
(C)
provides adequate absorption of urine and feces;
(3)
the pigs are not overcrowded during transport;
(4)
the means of transport is equipped with a water supply that ensures that each pig has access to water in a manner and quantity appropriate to the species and size of the animal;
(5)
watering devices on the means of transport are—
(A)
in good working order;
(B)
appropriately designed; and
(C)
positioned appropriately for pigs to be watered during transport;
(6)
the pigs have enough space—
(A)
to turn around;
(B)
to lie down; and
(C)
to fully extend their limbs; and
(7)
the pigs are not transported if the temperature within the means of transport cannot be maintained between 50 and 75 degrees Fahrenheit.
(b)

Recordkeeping
(1)

In general
Each covered provider of transportation shall maintain records of all pigs transported by such covered provider on behalf of any covered entity.
(2)

Production of records
A covered provider of transportation shall provide the records maintained under paragraph (1) to the Secretary on request.
(c)

Definitions
In this section:
(1)

Covered entity
The term covered entity means—
(A)
a stockyard;
(B)
a market agency;
(C)
a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191));
(D)
a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 (7 U.S.C. 201));
(E)
a slaughter facility; and
(F)
an establishment.
(2)

Covered provider of transportation
The term covered provider of transportation means any entity that provides transport of livestock on behalf of a covered entity.
(3)

Establishment
The term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).”.
(b)

Rulemaking
Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to enforce the provisions of subsection (a).
103.

Unlawful slaughter practices involving pigs
(a)

In general
Public Law 85–765 (commonly known as the “Humane Methods of Slaughter Act of 1958”) is amended by adding at the end the following:
“7.

Humane treatment of pigs
(a)

Nonambulatory pigs
(1)

Humane treatment, handling, and disposition
The Secretary of Agriculture shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory pigs by covered entities, including requirements for a covered entity—
(A)
to, subject to paragraph (2), immediately humanely euthanize nonambulatory pigs in the possession of the covered entity;
(B)
to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory pigs in the possession of the covered entity;
(C)
to maintain records of all nonambulatory pigs in the possession of the covered entity; and
(D)
to electronically submit such written policies and procedures and such records to the Administrator of the Food Safety and Inspection Service.
(2)

Humane euthanasia
(A)

In general
The Secretary shall promulgate regulations specifying—
(i)
the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory pigs required under the regulations promulgated under paragraph (1); and
(ii)
processes for ensuring effective enforcement of the use of such methods.
(B)

Disease testing
The Secretary shall test nonambulatory pigs for a disease, such as swine influenza viruses H1N1 and H3N2, Salmonella, Yersinia enterocolitica, Campylobacter, and Methicillin-resistant Staphylococcus aureus.
(3)

Transacting or processing
A covered entity shall not—
(A)
buy or sell a nonambulatory pig;
(B)
process, butcher, or sell meat or meat food products of a nonambulatory pig; or
(C)
slaughter any nonambulatory pig or prepare any carcass or part of a carcass, or meat or meat food product, from any nonambulatory pig.
(4)

Records
The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under paragraph (1).
(b)

Willful acts of abuse
The Secretary shall promulgate regulations prohibiting a covered individual from committing any willful act of abuse—
(1)
against nonambulatory pigs; or
(2)
that may reasonably be expected to result in injury or illness of ambulatory pigs.
(c)

Injured and diseased pigs
(1)

Injured pigs
The Secretary shall promulgate regulations specifying the proper handling of injured pigs by a covered entity, including requirements to—
(A)
immediately treat or humanely euthanize pigs diagnosed as lame; and
(B)
immediately humanely euthanize—
(i)
pigs with—
(I)
uterine prolapses; or
(II)
any type of prolapse that is not addressed and becomes necrotic;
(ii)
pigs with—
(I)
perforated hernias;
(II)
hernias that are ulcerated and necrotic; or
(III)
large hernias that touch the ground while standing and are ulcerated; and
(iii)
pigs that are unlikely to recover from any other type of injury, even with treatment.
(2)

Diseased pigs
The Secretary shall promulgate regulations specifying the proper handling of diseased pigs by a covered entity, including requirements to immediately humanely euthanize pigs that are not responding to care or are unlikely to recover from disease or illness.
(d)

Definitions
In this section:
(1)

Covered entity
The term covered entity means—
(A)
a stockyard;
(B)
a market agency;
(C)
a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191));
(D)
a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 (7 U.S.C. 201));
(E)
a slaughter facility; and
(F)
an establishment.
(2)

Covered individual
The term covered individual means any employee, former employee, contractor, or other person who has worked or is currently working for or with a covered entity.
(3)

Diseased
The term diseased means a state of being—
(A)
that deviates from the normal structural or functional state of an animal;
(B)
in which the animal is impaired or exhibits signs or symptoms of pain or suffering; and
(C)
that is not caused by physical injury.
(4)

Establishment
The term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(5)

Humanely euthanize
The term humanely euthanize means, with respect to a pig, to immediately render the pig unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the pig.
(6)

Injured
The term injured means a state of being in which an animal’s body is physically harmed or damaged.
(7)

Nonambulatory pig
The term nonambulatory pig means any swine that cannot stand or walk unassisted.
(8)

Secretary
The term Secretary means the Secretary of Agriculture.
(9)

Willful acts of abuse
The term willful acts of abuse means, with respect to pigs, any acts that intentionally cause pain or suffering to the pigs, including—
(A)
hitting or beating the pigs, such as with a fist, foot, or any hard objects that can cause pain or injury;
(B)
purposefully slamming, dropping, throwing, or dragging the pigs by any body part, except in the case of moving nonambulatory pigs using a drag mat;
(C)
excessive use of electric prods, including—
(i)
prodding the pigs in sensitive areas, such as the face, genitals, or rectum;
(ii)
providing a shock that lasts longer than one second; and
(iii)
using electric prods other than as a last resort;
(D)
failure to provide food, water, and care to the pigs in a manner that could result in significant harm or death to the pigs; and
(E)
driving the pigs on top of one another, including with the use of motorized vehicles.”.
(b)

Inspection of nonambulatory pigs; labeling
Section 6 of the Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at the end the following:
“(c)

Inspection of nonambulatory pigs; labeling
(1)

Inspection
It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory pig or carcass (including parts of a carcass) of a nonambulatory pig.
(2)

Labeling
An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as “inspected and condemned” any carcass (including parts of a carcass) of a nonambulatory pig.
(3)

Nonambulatory pig defined
In this subsection, the term nonambulatory pig means any swine that cannot stand or walk unassisted.”.
(c)

Effective date
(1)

In general
Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take 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 shall promulgate final regulations to implement the amendments made by subsections (a) and (b).
104.

OSHA standard and staffing requirement
(a)

Proposed standard
Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), promulgate a proposed standard for handling nonambulatory pigs. Such proposed standard shall include requirements for—
(1)
employee training related to handling such pigs; and
(2)
the use of mechanical lifting aids.
(b)

Final standard
Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), promulgate a final standard that shall be—
(1)
based on the proposed standard under paragraph (1); and
(2)
effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of such Act (29 U.S.C. 655(b)).
(c)

Staffing requirement
A covered entity shall take such steps as may be necessary, including hiring and training additional employees, to comply with the requirements of this Act, the amendments made by this Act, and the final standard promulgated pursuant to subsection (b).
II

Public health transparency
201.

Online portal for confidential complaints
(a)

Establishment
Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Secretary of Labor, shall establish and make publicly available on the website of the Department of Agriculture an online portal, through which individuals may submit confidential complaints regarding alleged or potential violations by a covered entity of—
(1)
this Act, or the amendments made by this Act, including—
(A)
section 10409B of the Animal Health Protection Act (as inserted by section 101);
(B)
section 13A of the Animal Welfare Act (as inserted by section 102);
(C)
section 7 of Public Law 85–765 (commonly known as the “Humane Methods of Slaughter Act of 1958”) (as added by section 103(a)); and
(D)
section 6(c) of the Federal Meat Inspection Act (as added by section 103(b));
(2)
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); or
(3)
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(b)

Public notice
Upon the establishment of the online portal described in subsection (a), the Secretary shall issue a public notice informing individuals of—
(1)
their right to use such portal; and
(2)
the confidentiality protections provided by the Department of Agriculture and the Department of Justice to individuals who submit complaints through such portal, which shall include—
(A)
keeping confidential any personally identifiable information of an individual contained in such a complaint, unless—
(i)
such individual provides to the Secretary advance written permission to release such information; or
(ii)
(I)
the release of such information is otherwise required by law; and
(II)
the Secretary provides to such individual advance warning, as soon as feasible, that the release of such information is legally required; and
(B)
a requirement that if work on the case is transferred to a nongovernmental entity, that entity will be bound by the original confidentiality provisions.
(c)

Annual reports on aggregate data
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall make publicly available a report describing the aggregate data collected from the online portal described in subsection (a).
202.

Whistleblower protection
(a)

In general
A covered entity shall not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual because of any lawful act done by the covered individual—
(1)
to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct that the covered individual reasonably believes is illegal or constitutes a violation of this Act or the amendments made by this Act;
(2)
to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed, or about to be filed, relating to a violation of any law, rule, or regulation; or
(3)
to refuse to violate, or assist in the violation of, any law, rule, or regulation.
(b)

Enforcement action
(1)

Complaint
(A)

In general
A covered individual who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief by filing a complaint with the Office of the Inspector General of the Department of Agriculture, which shall investigate the concerns raised by the covered individual that allegedly caused retaliation.
(B)

Legal action
If the Office of the Inspector General has not issued a final decision regarding the investigation by the date that is 210 days after the date on which the complaint is filed, and there is no showing that the delay is due to the bad faith of the claimant, the claimant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
(2)

Procedure
A complaint under paragraph (1)(A) shall be governed under the rules and procedures established in section 1013 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399d) and shall be resolved within 21 days after the date on which such complaint is filed.
(3)

Remedies
A covered individual who prevails in any action under subparagraph (A) shall be entitled to remedies equivalent to relief provided under section 1013(b)(4)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399d(b)(4)(B)).
(c)

Rights retained by the individual
(1)

In general
Nothing in this subsection diminishes the rights, privileges, or remedies of any individual under any Federal or State law, or under any collective bargaining agreement.
(2)

Waiver of rights and remedies
The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement.
(3)

Predispute arbitration agreements
No predispute arbitration agreement shall be valid or enforceable, to the extent the agreement requires arbitration of a dispute arising under this section.
203.

Study and report on threat of nonambulatory pigs in food system
(a)

Study
The Under Secretary of Agriculture for Food Safety shall, in coordination with the Director of the Centers for Disease Control and Prevention, conduct a study regarding the public health threat of nonambulatory pigs entering the food system.
(b)

Report
(1)

In general
Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to Congress, and make publicly available, a report describing the results of the study conducted under subsection (a).
(2)

Contents
Such report shall include, at a minimum, descriptions of the impact on the public health of pathogens associated with nonambulatory pigs, including—
(A)
swine influenza viruses H1N1 and H3N2;
(B)
Salmonella;
(C)
Yersinia enterocolitica;
(D)
Campylobacter; and
(E)
Methicillin-resistant Staphylococcus aureus.