[Congressional Record Volume 153, Number 15 (Thursday, January 25, 2007)]
[Senate]
[Pages S1193-S1194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Stevens, Mr. Levin, Ms. Collins, 
        Mr. Lautenberg, Mr. Kerry, Mrs. Boxer, Mrs. Feinstein, and Mr. 
        Menendez):
  S. 394. A bill to amend the Humane Methods of Livestock Slaughter Act 
of 1958 to ensure the humane slaughter of nonambulatory livestock, and 
for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. AKAKA. Mr. President, I rise today, along with my colleagues, 
Senators Ted Stevens, R-AK, Carl Levin, D-MI, Susan Collins, R-ME, 
Frank Lautenberg, D-NJ, John Kerry, D-MA, Barbara Boxer, D-CA, Dianne 
Feinstein, D-CA, and Robert Menendez, D-NJ to introduce the Downed 
Animal and Food Safety Protection Act of 2007, legislation intended to 
protect people from the unnecessary spread of disease. This bill, which 
has bipartisan support, would prohibit the use of nonambulatory animals 
for human consumption.
  Nonambulatory animals, also known as downed animals, are livestock 
such as cattle, sheep, swine, goats, horses, mules, or other equines 
that are too sick to stand or walk unassisted. Many of these animals 
are dying from infectious diseases and present a significant pathway 
for the spread of disease.
  The safety of our Nation's food supply is of the utmost importance. 
With the presence of bovine spongiform encephalopathy, BSE, also known 
as mad-cow disease, and other strains of transmissible spongiform 
encephalopathies, TSE, which are related animal diseases found not only 
in nearby countries but also in the United States, it is important that 
we take all measures necessary to ensure that our food is safe.
  Currently, before slaughter, the United States Department of 
Agriculture's, USDA, Food Safety Inspection Service, FSIS, diverts 
downer livestock only if they exhibit clinical signs associated with 
BSE. Routinely, BSE is not correctly distinguished from many other 
diseases and conditions that show similar symptoms. The ante-mortem 
inspection that is currently used in the United States is very similar 
to the inspection process in Europe, which has proved to be inadequate 
for detecting BSE. Consequently, if BSE were present in a U.S. downed 
animal, it could currently be offered for slaughter. If the animal 
showed no clinical signs of the disease, the animal would then pass an 
ante-mortem inspection, making the diseased animal available for human 
consumption. The BSE agent could then cross-contaminate the normally 
safe muscle tissue during slaughter and processing. The disposal of 
downer livestock would ensure that the BSE agent would not be recycled 
to contaminate otherwise safe meat.
  There are other TSE diseases already known to us such as scrapie that 
affects sheep and goats, chronic wasting disease in deer and elk, and 
classic Creutzfeldt-Jakob Disease in humans, all of which are present 
in the United States. Because our knowledge of such diseases is 
limited, the inclusion of horses, mules, swine, and other equine in 
this act are a necessary precaution. This precautionary measure is 
needed in order to ensure that the human population is not affected by 
diseased livestock. The Food and Drug Administration, FDA, has already 
created regulations that prevent imports of all live cattle and other 
ruminants and certain ruminant products from countries where BSE is 
known to exist. In 1997, the FDA placed a prohibition on the use of all 
mammalian protein, with a few exceptions, in animal feed given to 
cattle and other ruminants. These regulations are a good start in 
protecting us from the possible spread of BSE, however, they do not go 
far enough, because they still allow the processing of downer cattle.
  According to a study performed by the Harvard School of the Public 
Health in conjunction with the USDA and surveillance data from European 
countries, downer cattle are at high risk for BSE. According to the 
Harvard Study, the removal of nonambulatory cattle from the population 
intended for slaughter would reduce the probability of spreading BSE by 
82 percent. The USDA and the FDA have acknowledged that downed animals 
serve as a potential pathway for the spread of BSE. While both have 
entertained the idea of prohibiting the rendering of downed cattle, 
they have taken no formal action. It is imperative that we, Congress, 
ensure that downer livestock does not enter our food chain, and the 
best way to accomplish this task is to codify the prohibition of downer 
livestock from entering our food supply.
  The Downed Animal Protection Act fills a gap in the current USDA and 
FDA regulations. The bill calls for the humane euthanization of 
nonambulatory livestock, both for interstate and foreign commerce. The 
euthanization of nonambulatory livestock would remove this high risk 
population from the portion of livestock reserved for our consumption. 
Due to the presence of other TSE diseases found throughout other 
species of livestock, all animals that fit under the definition of 
livestock will be included in this bill.
  The benefits of my bill are numerous, for both the public and the 
industry. On the face of it, the bill will prevent needless suffering 
by humanely euthanizing nonambulatory animals. The removal of downed 
animals from our products will insure that they are safer and of better 
quality. The reduction in the likelihood of disease would result in 
safer working conditions for persons handling livestock. This added 
protection against disease would help the flow of livestock and 
livestock products in interstate and foreign commerce, making commerce 
in livestock more easily attainable.

[[Page S1194]]

  Some individuals fear that this bill would place an excessive 
financial burden on the livestock industry. I want to remind my 
colleagues that one single downed cow in Canada diagnosed with BSE in 
2003 shut down the world's third largest beef exporter. It is estimated 
that the Canadian beef industry lost more than $1 billion when more 
than 30 countries banned Canadian cattle and beef upon the discovery of 
BSE. As the Canadian cattle industry continues to recover from its 
economic loss, it is prudent for the United States to be proactive in 
preventing BSE and other animal diseases from entering our food chain.
  Today, the USDA has increased its efforts to test approximately ten 
percent of downed cattle per year for BSE. However, it is my 
understanding that the USDA is looking to revisit this issue. I do not 
believe that now is the time to lower our defenses. We must protect our 
livestock industry and human health from diseases such as BSE. This 
bill reduces the threat of passing diseases from downed livestock to 
our food supply. It ensures downed animals will not be used for human 
consumption. It also requires higher standards for food safety and 
protects the human population from diseases and the livestock industry 
from economic distress.
  American consumers should be able to rely on the Federal Government 
to ensure that meat and meat by-products are safe for human 
consumption. I urge my colleagues to support this important bill. I ask 
unanimous consent that the text of the measure be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 394

       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 and Food 
     Safety Protection Act of 2007''.

     SEC. 2. FINDING AND DECLARATION OF POLICY.

       (a) Finding.--Congress finds that the humane euthanization 
     of nonambulatory livestock in interstate and foreign 
     commerce--
       (1) prevents needless suffering;
       (2) results in safer and better working conditions for 
     persons handling livestock;
       (3) brings about improvement of products and reduces the 
     likelihood of the spread of diseases that have a great and 
     deleterious impact on interstate and foreign commerce in 
     livestock; and
       (4) produces other benefits for producers, processors, and 
     consumers that tend to expedite an orderly flow of livestock 
     and livestock products in interstate foreign commerce.
       (b) Declaration of Policy.--It is the policy of the United 
     States that all nonambulatory livestock in interstate and 
     foreign commerce shall be immediately and humanely euthanized 
     when such livestock become nonambulatory.

     SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY 
                   LIVESTOCK.

       (a) In General.--Public Law 85-765 (commonly known as the 
     ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 
     et seq.) is amended by inserting after section 2 (7 U.S.C. 
     1902) the following:

     ``SEC. 3. NONAMBULATORY LIVESTOCK.

       ``(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 packer;
       ``(E) a slaughter facility; or
       ``(F) 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 immediately render an animal unconscious by 
     mechanical, chemical, or other means, 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 will not 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 all 
     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.--
       ``(1) In general.--It shall be unlawful for an inspector at 
     an establishment to pass through inspection any nonambulatory 
     livestock or carcass (including parts of a carcass) of 
     nonambulatory livestock.
       ``(2) Labeling.--An inspector or other employee of an 
     establishment shall label, mark, stamp, or tag as `inspected 
     and condemned' any material described in paragraph (1).''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by subsection (a) takes 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 amendment made 
     by subsection (a).
                                 ______