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**ANIMAL WELFARE**

***Background***

USDA is the primary Federal agency responsible for animal welfare
issues. The Animal and Plant Health Inspection Service (APHIS) enforces
the Animal Welfare Act (AWA) in order to protect certain animals from
inhumane treatment and neglect. USDA, through the Food Safety and
Inspection Service (FSIS), is also responsible for verifying the humane
treatment of livestock in slaughter plants. The Humane Methods of
Slaughter Act (HMSA), the Federal Meat Inspection Act, and the Poultry
Products Inspection Act provide FSIS statutory authority in this area.

The AWA requires persons to be licensed or registered with USDA if they
breed certain warm-blooded animals for commercial sale, exhibit them to
the public, use them in research, or transport them commercially.
Animals protected by the AWA must be provided with veterinary care and
animal husbandry that meets or exceeds specified minimum standards. The
2002 farm bill amended the definition of "animal" in the Animal Welfare
Act to specifically exclude birds, rats of the genus *Rattus*, and mice
of the genus *Mus*, bred for use in research. Current AWA regulations
also exclude horses not used for research, animals farmed for food, fur,
or fiber, and other farm animals.

The 2002 farm bill also amended the AWA by outlawing the interstate
transport or foreign commerce of animals for the purpose of animal
fighting. It also increased the maximum penalties for violations of this
section of the AWA. Forty-eight States now prohibit cockfighting
(exceptions---Louisiana and New Mexico), and all 50 States prohibit dog
fighting.

In fiscal year (FY) 2005, there were over 10,000 AWA licensees and
registrants. APHIS utilizes a risk-based inspection system, and its
inspectors conduct unannounced inspections of licensed and registered
facilities to ensure that they continue to meet AWA standards. APHIS
Animal Care inspectors conducted more than 18,000 inspections in FY
2005, including prelicensing inspections and compliance inspections of
registered and licensed facilities. APHIS also conducted 575 formal
investigations into alleged AWA violations in FY 2005, which resulted in
391 cases submitted for civil administrative action. In that same
timeframe, APHIS resolved 87 AWA cases with civil penalty stipulations,
and another 82 cases were resolved by an administrative law judge. These
cases resulted in a total of \$1.1 million in fines.

APHIS also enforces the Horse Protection Act (HPA) and regulations
governing the humane transport of horses and other equines to slaughter.
The HPA was established in 1970 to eliminate soring---the use of
pain-provoking methods to enhance a horse's gait. APHIS has the
authority to impose civil and criminal charges against individuals
violating the HPA.

Another major component of USDA animal welfare responsibility is the
humane handling and slaughter of livestock. FSIS Public Health
Veterinarians and inspection program personnel at all federally
inspected livestock slaughter plants ensure compliance with the HMSA.
This law provides enforcement authority to ensure that Kosher and other
methods of ritual slaughter (e.g., Halal) are humane. In February 2004,
FSIS implemented electronic Humane Activities Tracking (HAT) to document
inspection activities that ensure livestock are humanely handled and
provide FSIS with readily available information on these activities,
including the time spent by inspection program personnel to ensure that
humane handling and slaughter requirements are met.

In September 2004, FSIS published a *Federal Register* notice
encouraging establishments to use a systematic approach to ensure that
they are meeting the requirements of the law during handling and
slaughter. Establishments are to identify and minimize circumstances
that may cause livestock excitement, discomfort, or accidental injury.

***General Opinions Expressed***

-   Many comments expressed concern for the welfare of farm animals.

-   A number of comments made the following observations:

(a) The U.S. has fallen behind many other countries in setting minimum
    standards for the welfare of animals on farms, in transport, and at
    slaughter.

(b) USDA should propose eliminating certain farming practices, such as
    battery cages for laying hens and crates for pregnant sows and veal
    calves.

(c) Current subsidies benefit large producers that subject animals to
    intensive confinement, mutilation, and adverse handling techniques.

(d) USDA should propose setting minimum space allowances that provide
    animals with the freedom to perform natural behaviors and that also
    protect the environment by reducing pollution and waste disposal
    problems.

-   Several comments noted that:

(a) Humanely raised and processed beef, pork, and chicken are in demand
    worldwide.

(b) Overhauling animal husbandry methods would allow for truly humane
    development and slaughter practices for animals.

(c) USDA should strictly enforce standards of care, such as free-range
    grazing and humane treatment, for farm animals.

(d) Animal welfare standards superior to that of the European Union
    should be adopted.

(e) USDA should initiate a program of subsidies to farmers who comply
    with welfare standards developed by humane organizations and
    eliminate subsidies to producers that participate in practices shown
    to cause pain and suffering to farm animals.

-   Several comments expressed support for product labels which reflect
    humane handling methods.

-   Some comments expressed support for humane slaughter methods.

-   Other comments were against the killing of animals.

***Detailed Suggestions Expressed***

-   Opposition was expressed to S. 1139, the Pet Animal Welfare Statute
    (PAWS). A distinction should be made between the hobbyist,
    not-for-profit, and the for-profit organizations.

-   The U.S. should meet the World Organization for Animal Health's
    standards on animal welfare to avoid negative impacts on trade.

-   Basic and applied research should be expanded into the "horrific
    conditions in the\
    slaughterhouses and the farms.\"

-   Humane slaughter should be extended to cover all animals.

-   Humane slaughter should be extended to cover birds.

-   Humane slaughter should be extended to cover poultry, rabbits, and
    fur animals.

-   Include poultry and fish in the Humane Methods of Slaughter Act.

-   The 2007 farm bill should consider ways to support development of
    slaughter plants equipped to assure product integrity for consumers
    seeking to purchase food raised using humane and environmentally
    sound methods.

-   Increase and enforce strict Government regulation of humane
    slaughter practices.

-   Amend the current Federal horse slaughter legislation that does not
    take into consideration that some slaughter facilities cannot
    humanely euthanize the animals.

-   A commenter requested more funds for educational materials to
    counter animal rights groups.