[Congressional Record Volume 147, Number 16 (Tuesday, February 6, 2001)]
[Senate]
[Pages S1087-S1088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Reid, Mr. Levin, Mr. Schumer, Mr. 
        Graham, Mr. Gregg, Mr. Torricelli, Mrs. Boxer, and Mr. Smith of 
        New Hampshire):
  S. 267. 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.
  Mr. AKAKA. Mr. President, today I am reintroducing the Downed Animal 
Protection Act, a bill to eliminate inhumane and improper treatment of 
downed animals at stockyards. Senators Carl Levin, Charles Schumer, 
Robert Torricelli, Judd Gregg, Bob Graham, Bob Smith, Harry Reid and 
Barbara Boxer have joined me in sponsoring this bill. The legislation 
will prohibit 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. Many of these downed animals

[[Page S1088]]

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. It is 
important to note that 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.
  While I commend the 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, along with 
responsible and conscientious livestock producers throughout the 
country, for their efforts to address the issue of downed animals, this 
lamentable problem still exists. Not only is this suffering inhumane 
and unnecessary, it is eroding public confidence in the industry.
  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 complement 
and reinforce the industry's effort to address this problem by 
encouraging better care of animals at farms and ranches.
  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. By 
eliminating this incentive, animals with impaired mobility will receive 
better treatment in order to prevent them from becoming incapacitated. 
In addition, 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 Stockyard Administration regularly visit 
stockyards to enforce existing regulations. Thus, the additional burden 
on the agency and stockyard operators will be insignificant.
  As I stated before, this bill will stop the inhumane and improper 
treatment of downed animals at stockyards and I encourage my colleagues 
to support this important legislation. I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 267

       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.

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