[Congressional Record Volume 143, Number 79 (Monday, June 9, 1997)]
[Senate]
[Pages S5413-S5414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Smith of New Hampshire, Mr. Reid, 
        and Mr. Torricelli):
  S. 850. A bill to amend the Packers and Stockyards Act, 1921, to make 
it unlawful for any stockyard owner, market agency, or dealer to 
transfer or market nonambulatory livestock, and for other purposes.


                The Downed Animal Protection Act of 1997

   Mr. AKAKA. Mr. President, today I am introducing the Downed 
Animal Protection Act, a bill to eliminate inhumane and improper 
treatment of downed animals at stockyards. Senators Smith, Reid, and 
Torricelli have joined me in sponsoring this bill. The legislation 
prohibits the sale or transfer of downed animals unless they have been 
humanely euthanized.
  Downed animals are severely distressed recumbent animals that are so 
sick they cannot rise or move on their own. Once an animal becomes 
immobile and cannot stand, it must lie where it falls, often without 
receiving basic assistance. Downed animals that survive the stockyard 
are slaughtered for human consumption.
  These animals are extremely difficult, if not impossible, to handle 
humanely. They have very demanding needs, and must be fed and watered 
individually. The suffering of downed animals is so severe that the 
only humane solution is immediate euthanasia.
  Mr. President, the bill I have introduced requires that these 
hopelessly sick and injured animals be euthanized by humane methods 
that rapidly and

[[Page S5414]]

effectively render animals insensitive to pain. Humane euthanasia of 
downed animals will limit animal suffering and will encourage the 
livestock industry to concentrate on improved management and handling 
practices to avoid this problem in the first place.
  Downed animals comprise a tiny fraction, less than one-tenth of 1 
percent, of animals at stockyards. Banning their sale or transfer would 
cause no economic hardship. The Downed Animal Protection Act will 
prompt stockyards to refuse crippled and distressed animals and will 
make the prevention of downed animals a priority for the livestock 
industry. The bill will reinforce the industry's commitment to humane 
handling of animals.
  The downed animal problem has been addressed by major livestock 
organizations such as the United Stockyards Corp., the Minnesota 
Livestock Marketing Association, the National Pork Producers Council, 
the Colorado Cattlemen's Association, and the Independent Cattlemen's 
Association of Texas. All these organizations have taken strong stands 
against improper treatment of animals by adopting ``no-downer'' 
policies. I want to commend these and other organizations, as well as 
responsible and conscientious livestock producers throughout the 
country, for their efforts to end an appalling problem that erodes 
consumer confidence.
  Despite a strong consensus within industry, the animal welfare 
movement, consumers, and Government that downed animals should not be 
sent to stockyards, this sad problem continues, causing animal 
suffering and an erosion of confidence in the industry.
  Mr. President, this legislation will complement industry efforts to 
address this problem by encouraging better care of animals at farms and 
ranches. Animals with impaired mobility will receive better treatment 
in order to prevent them from becoming incapacitated. The bill will 
remove the incentive for sending downed animals to stockyards in the 
hope of receiving some salvage value for the animals and would 
encourage greater care during loading and transport. The bill will also 
discourage improper breeding practices that account for most downed 
animals.
  My legislation would set a uniform national standard, thereby 
removing any unfair advantages that might result from differing 
standards throughout the industry. Furthermore, no additional 
bureaucracy will be needed as a consequence of my bill because 
inspectors of the Packers and Stockyards Administration regularly visit 
stockyards to enforce existing regulations. Thus, the additional 
regulatory burden on the agency and stockyard operators will be 
insignificant.
  I ask unanimous consent that a copy of the Downed Animal Protection 
Act be printed in the Record. I urge all of my colleagues to join in 
supporting this legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 850

       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 Protection 
     Act''.

     SEC. 2. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY 
                   LIVESTOCK.

       (a) In General.--Title III of the Packers and Stockyards 
     Act, 1921, is amended by inserting after section 317 (7 
     U.S.C. 217a) the following:

     ``SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING 
                   NONAMBULATORY LIVESTOCK.

       ``(a) Definitions.--In this section:
       ``(1) Humanely euthanized.--The term `humanely euthanized' 
     means to kill an animal by mechanical, chemical, or other 
     means that immediately render the animal unconscious, with 
     this state remaining until the animal's death.
       ``(2) Nonambulatory livestock.--The term `nonambulatory 
     livestock' means any livestock that is unable to stand and 
     walk unassisted.
       ``(b) Unlawful Practices.--It shall be unlawful for any 
     stockyard owner, market agency, or dealer to buy, sell, give, 
     receive, transfer, market, hold, or drag any nonambulatory 
     livestock unless the nonambulatory livestock has been 
     humanely euthanized.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) takes 
     effect 1 year after the date of the enactment of this Act.
       (2) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     issue regulations to carry out the amendment.
                                 ______