[Congressional Record Volume 145, Number 33 (Wednesday, March 3, 1999)]
[Senate]
[Pages S2210-S2211]
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, 
        Mrs. Feinstein, Mr. Levin, Mr. Lautenberg, Mr. Torricelli, and 
        Mr. Schumer):
  S. 515. A bill to amend the Packers and Stockyards Act of 1921, to 
make it unlawful for any stockyard owner, market agency, or dealer to 
transfer or market nonambulatory livestock, and for other purposes; to 
the Committee on Agriculture, Nutrition, and Forestry.


                      downed animal protection act

  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. 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 too 
sick to rise or move on their own. Once an animal becomes immobile, it 
must remain where it has fallen, often without receiving the most 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 to their plight is immediate euthanasia.
  Mr. President, the bill I introduce today requires that these 
hopelessly sick and injured animals be euthanized by humane methods 
that rapidly an 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.
  Downed animals compromise a tiny fraction, less than one-tenth of one 
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 problem of downed animals 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 of 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

[[Page S2211]]

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 public confidence in the industry.
  Mr. President, this legislation will complement industry effort 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 burden 
on the agency and stockyard operators will be insignificant.
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