[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Page S2151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Stevens, Mr. Akaka, and Mrs. 
        Boxer):
  S. 2770. A bill to amend the Federal Meat Inspection Act to 
strengthen the food safety inspection system by imposing stricter 
penalties for the slaughter of nonambulatory livestock; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself, 
Senator Stevens and Senator Akaka to offer a bill that takes a major 
step forward in protecting our Nation's food supply. This bill will 
provide penalties for those who are caught trying to slaughter 
``nonambulatory'' or downed animals for food, and will improve public 
notification procedures for voluntary food recalls.
  First, this bill would ban the slaughter of ``nonambulatory'' animals 
for use in food.
  Second, it would establish a graduated penalty system providing 
incentives for slaughter facilities to follow the law regarding 
nonambulatory animals; and; third, in the event of a meat or poultry 
recall, it would direct the USDA to release the names of establishments 
that have received the recalled products so consumers can more easily 
identify products that could be harmful.
  Animals that are sick and too weak to stand or walk on their own 
should not be slaughtered and used for food.
  The safety of our food supply is too important to take any chances.
  Processing downed animals poses a health risk especially to 
vulnerable populations, those who have compromised immune systems, and 
the very young and elderly who rely on our Government food inspection 
system to protect them against foodborne illness.
  On February 17, 2008, the Westland/Hallmark Meat Company in Chino, 
CA, issued a recall of over 143 million pounds of beef products that 
were processed at their plant.
  This came after the Humane Society of the U.S. released a video 
showing workers abusing nonambulatory cows to get them on their feet 
for slaughter.
  The recall brought to the forefront the risk associated with 
processing sick or injured animals for human consumption.
  The potential health risk of slaughtering downed animals became a 
public concern in late 2003 when a cow imported from Canada was found 
to have BSE, mad cow disease.
  In an effort to keep BSE infected beef out of the food supply, USDA 
banned all nonambulatory cattle from being slaughtered regardless of 
the reason.
  Since then, the regulation banning nonambulatory cattle from 
slaughter has been revised to allow USDA veterinarians discretion on a 
case-by-case basis to allow downed cattle into the food supply.
  Clearly, establishments have an incentive to keep all the animals 
delivered to their facility ambulatory for slaughter.
  This legislation provides the incentive for an establishment to 
follow the laws and regulations governing the humane handling of 
nonambulatory animals by offering a graduated penalty system for 
noncompliance.
  For a first violation, in addition to temporarily suspending USDA 
inspection, a fine will be assessed and will be based on a percentage 
of the establishment's gross income.
  A second violation will suspend USDA inspection services for 1 year.
  A third violation will withdraw the establishment's Grant of 
Inspection permanently, effectively closing the operation.
  Additionally, to aid in recovering all of the meat products that are 
recalled, the USDA will be required to promulgate regulation to release 
the names of establishments that have received recalled products.
  This will help distributors, retailers and consumers better identify 
products that have been recalled to aid them in getting those products 
off their shelves and out of their homes.
  We must ensure that those who process our food provide the safest, 
most wholesome products possible to consumers, and when a recall is 
necessary, we must provide the best notification systems for consumers 
to take action.
  This bill will take us one step closer to a safer more wholesome food 
supply system.
  I hope that my colleagues will join us in support of this important 
bill.
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