[Congressional Record Volume 149, Number 91 (Thursday, June 19, 2003)]
[Senate]
[Pages S8242-S8243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Leahy, and Mrs. Boxer):
  S. 1298. A bill to amend the Farm Security and Rural Investment Act 
of 2002 to ensure the humane slaughter of non-ambulatory livestock, and 
for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. AKAKA. Mr. President, I rise today to introduce the Downed Animal 
Protection Act, a bill to provide for the humane treatment, handling, 
and euthanasia of non-ambulatory, downed, livestock unable to stand or 
walk unassisted.
  Farm animals such as cattle, sheep, swine, goats, horses, mules, and 
other equines that are too severely distressed and sick to move without 
assistance are often not handled humanely. Due to the extra effort and 
cost to individually feed and water non-ambulatory livestock, these 
animals routinely endure very poor conditions. In most cases, the level 
of suffering of downed animals is so severe that the most humane 
solution is to euthanize them as soon as possible. It is important to 
note that non-ambulatory livestock comprise a tiny fraction, less than 
one percent, of all animals at stockyards.
  The humane euthanasia of non-ambulatory livestock would also protect 
human health. Many of the downed animals that survive in the stockyard 
are slaughtered for human consumption. A large majority of these non-
ambulatory animals are contaminated with fecal matter, the main cause 
of Salmonella. U.S. citizen groups, such as the Parents of Sickened 
Children, have called for improved regulations to stop sickness and 
death from preventable diseases like Salmonella.
  I commend responsible and conscientious livestock organizations and 
producers such as the United Stockyards Corporation, the Minnesota 
Livestock Marketing Association, the National Pork Producers Council, 
the Colorado Cattlemen's Association, and the Independent Cattlemen's 
Association of Texas for their efforts to address the issue of downed 
animals. However, the need for stronger legislation to ensure that non-
ambulatory animals do not enter our food chain is evident, particularly 
with the recent discovery of Bovine Spongiform Encephalopathy BSE, in 
Canada.
  The Downed Animal Protection Act will remove the incentive for 
sending non-ambulatory livestock to stockyards, thereby reducing the 
risk that these animals will be processed for human consumption and 
discouraging their inhumane treatment at farms and ranches. My bill 
will complement the industry's current efforts to address this problem 
and make the issue of downed animals a priority.
  My legislation would set a uniform national standard, thereby 
removing

[[Page S8243]]

any unfair advantage that might result from different standards 
throughout the industry. Furthermore, no additional bureaucracy will be 
needed as a consequence of my bill because inspectors regularly visit 
stockyards and slaughter facilities 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 while also helping to ensure that our food 
supply remains safe. 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. 1298

       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 SLAUGHTER PRACTICES INVOLVING NONAMBULATORY 
                   LIVESTOCK.

       (a) In General.--Section 10815 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 1967) is amended--
       (1) by redesignating subsection (c) as subsection (f);
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Definitions.--In this section:
       ``(1) Covered entity.--The term `covered entity' means--
       ``(A) a stockyard;
       ``(B) a market agency;
       ``(C) a dealer;
       ``(D) a slaughter facility; and
       ``(E) an establishment.
       ``(2) Establishment.--The term `establishment' means an 
     establishment that is covered by the Federal Meat Inspection 
     Act (21 U.S.C. 601 et seq.).
       ``(3) Humanely euthanize.--The term `humanely euthanize' 
     means to kill an animal by mechanical, chemical, or other 
     means that immediately renders the animal unconscious, with 
     this state remaining until the death of the animal.
       ``(4) Nonambulatory livestock.--The term `nonambulatory 
     livestock' means any cattle, sheep, swine, goats, or horses, 
     mules, or other equines, that are unable to stand and walk 
     unassisted.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(b) Humane Treatment, Handling, and Disposition.--The 
     Secretary shall promulgate regulations to provide for the 
     humane treatment, handling, and disposition of nonambulatory 
     livestock by covered entities, including a requirement that 
     nonambulatory livestock be humanely euthanized.
       ``(c) Humane Euthanasia.--
       ``(1) In general.--Subject to paragraph (2), when an animal 
     becomes nonambulatory, a covered entity shall immediately 
     humanely euthanize the nonambulatory livestock.
       ``(2) Disease testing.--Paragraph (1) shall not limit the 
     ability of the Secretary to test nonambulatory livestock for 
     a disease, such as Bovine Spongiform Encephalopathy.
       ``(d) Movement.--
       ``(1) In general.--A covered entity shall not move 
     nonambulatory livestock while the nonambulatory livestock are 
     conscious.
       ``(2) Unconsciousness.--In the case of any nonambulatory 
     livestock that are moved, the covered entity shall ensure 
     that the nonambulatory livestock remain unconscious until 
     death.
       ``(e) Inspections.--It shall be unlawful for an 
     establishment to pass through inspection any nonambulatory 
     livestock.'';
       (3) in subsection (f) (as redesignated by paragraph (1))--
       (A) in the first sentence--
       (i) by inserting ``this section and'' after ``enforcing''; 
     and
       (ii) by striking ``subsection (b)'' and inserting ``this 
     section''; and
       (B) in the second sentence--
       (i) by inserting ``this section or'' after ``violates''; 
     and
       (ii) by striking ``subsection (b)'' and inserting ``this 
     section''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsection (a) 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 of Agriculture shall 
     promulgate final regulations to implement the amendments made 
     by subsection (a).
                                 ______