Apparently U.S. Rep. Gary Ackerman (D-NY) has reintroduced a bipartisan bill to permanently prohibit all livestock that cannot walk because they are diseased, injured or ill from entering the food chain and to require that they be humanely euthanized. This bill does not address personal consumption or animals that have simply broken a leg. I don't think anybody truly wants sick animals in the food chain, but if your animal breaks a leg, you should still be able to eat it and have someone else slaughter it.
The Downed Animal and Food Safety Protection Act (H.R. 3704), which has been reintroduced several times, was expanded in 2009, when the USDA banned the slaughtering of downed cattle and mandated that these animals be euthanized after a California slaughter plant allowed downers to enter the food supply.
Of the twenty confirmed cases of mad cow disease in North America since 1993, at least sixteen have involved downer cattle. Although this is true, these animals were obviously sick and a sick downer is wholly different than a broken leg as you all know.
The bill would change existing regulations by making the ban on downer cattle permanent. Under current law, the USDA can loosen or repeal their rules at any time. The measure also would extend the ban to all livestock — not just cattle — and close an existing loophole that permits the slaughter of downed calves. This bill does not take into consideration, the small producer so in an attempt to cut off big business, congress is wanting to shot the little guy.
The bill has been referred to the House Committee on Agriculture, where it is pending.
Let your representative know today, especially if they are on the Agricultural committee, to not support this bill, H.R. 3704.
The following is the text of the bill if you would like to read it or a pdf you can download if you would rather.
I
112TH CONGRESS
1ST SESSION H. R. 3704
To amend the Humane Methods of Livestock Slaughter Act of 1958 to
ensure the humane slaughter of nonambulatory livestock, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 16, 2011
Mr. ACKERMAN (for himself, Mr. KING of New York, Mr. MORAN, Ms. JACKSON
LEE of Texas, Mr. GEORGE MILLER of California, Mrs. LOWEY, Mr.
KUCINICH, Ms. BORDALLO, Mr. BLUMENAUER, Mr. MICHAUD, and Ms.
SCHAKOWSKY) introduced the following bill; which was referred to the
Committee on Agriculture
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.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Downed Animal and
5 Food Safety Protection Act’’.
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•HR 3704 IH
1 SEC. 2. FINDING AND DECLARATION OF POLICY.
2 (a) FINDING.—Congress finds that the humane
3 euthanization of nonambulatory livestock in interstate and
4 foreign commerce—
5 (1) prevents needless suffering;
6 (2) results in safer and better working condi7
tions for persons handling livestock;
8 (3) brings about improvement of products and
9 reduces the likelihood of the spread of diseases that
10 have a great and deleterious impact on interstate
11 and foreign commerce in livestock; and
12 (4) produces other benefits for producers, proc13
essors, and consumers that tend to expedite an or14
derly flow of livestock and livestock products in
15 interstate foreign commerce.
16 (b) DECLARATION OF POLICY.—It is the policy of the
17 United States that all nonambulatory livestock in inter18
state and foreign commerce shall be immediately and hu19
manely euthanized when such livestock become non20
ambulatory.
21 SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING
22 NONAMBULATORY LIVESTOCK.
23 (a) IN GENERAL.—Public Law 85–765 (commonly
24 known as the ‘‘Humane Methods of Slaughter Act of
25 1958’’) (7 U.S.C. 1901 et seq.) is amended by inserting
26 after section 2 (7 U.S.C. 1902) the following:
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1 ‘‘SEC. 3. NONAMBULATORY LIVESTOCK.
2 ‘‘(a) DEFINITIONS.—In this section:
3 ‘‘(1) COVERED ENTITY.—The term ‘covered en4
tity’ means—
5 ‘‘(A) a stockyard;
6 ‘‘(B) a market agency;
7 ‘‘(C) a dealer;
8 ‘‘(D) a packer;
9 ‘‘(E) a slaughter facility; or
10 ‘‘(F) an establishment.
11 ‘‘(2) ESTABLISHMENT.—The term ‘establish12
ment’ means an establishment that is covered by the
13 Federal Meat Inspection Act (21 U.S.C. 601 et
14 seq.).
15 ‘‘(3) HUMANELY EUTHANIZE.—The term ‘hu16
manely euthanize’ means to immediately render an
17 animal unconscious by mechanical, chemical, or
18 other means, with this state remaining until the
19 death of the animal.
20 ‘‘(4) NONAMBULATORY LIVESTOCK.—The term
21 ‘nonambulatory livestock’ means any cattle (includ22
ing calves), sheep, swine, goats, or horses, mules, or
23 other equines, that will not stand and walk unas24
sisted.
25 ‘‘(5) SECRETARY.—The term ‘Secretary’ means
26 the Secretary of Agriculture.
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1 ‘‘(b) HUMANE TREATMENT, HANDLING, AND DIS2
POSITION.—The Secretary shall promulgate regulations to
3 provide for the humane treatment, handling, and disposi4
tion of all nonambulatory livestock by covered entities, in5
cluding a requirement that nonambulatory livestock be hu6
manely euthanized.
7 ‘‘(c) HUMANE EUTHANASIA.—
8 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
9 when an animal becomes nonambulatory, a covered
10 entity shall immediately humanely euthanize the
11 nonambulatory livestock.
12 ‘‘(2) DISEASE TESTING.—Paragraph (1) shall
13 not limit the ability of the Secretary to test non14
ambulatory livestock for a disease, such as Bovine
15 Spongiform Encephalopathy, provided that such live16
stock are humanely euthanized immediately after
17 such livestock are tested for such disease.
18 ‘‘(d) MOVEMENT.—
19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
20 covered entity shall not move nonambulatory live21
stock.
22 ‘‘(2) DISEASE TESTING.—Notwithstanding
23 paragraph (1), a covered entity may humanely move
24 nonambulatory livestock if required for a specific
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1 test for disease if the livestock is unconscious until
2 euthanized in accordance with subsection (c).
3 ‘‘(e) INSPECTIONS.—
4 ‘‘(1) IN GENERAL.—It shall be unlawful for an
5 inspector at an establishment to pass through in6
spection any nonambulatory livestock or carcass (in7
cluding parts of a carcass) of nonambulatory live8
stock.
9 ‘‘(2) LABELING.—An inspector shall label,
10 mark, stamp, or tag as ‘inspected and condemned’
11 any material described in paragraph (1).
12 ‘‘(f) VIOLATIONS.—A covered entity who violates a
13 provision of this section shall upon conviction be fined not
14 more than $5,000, imprisoned not more than one year,
15 or both.
16 ‘‘(g) EFFECT ON STATE LAW.—This section shall not
17 be construed to preempt any law or regulation of a State
18 or a political subdivision of a State containing require19
ments that are greater than the requirements of this sec20
tion, or which create penalties for conduct regulated by
21 this section.’’.
22 (b) EFFECTIVE DATE.—
23 (1) IN GENERAL.—Except as provided in para24
graph (2), the amendment made by subsection (a)
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1 takes effect on the date that is 1 year after the date
2 of enactment of this Act.
3 (2) REGULATIONS.—Not later than 1 year after
4 the date of enactment of this Act, the Secretary of
5 Agriculture shall promulgate final regulations to im6
plement the amendment made by subsection (a).
Æ
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