To amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock, and for other purposes.

Summary: Downed Animal and Food Safety Protection Act - States that it is U.S. policy that all nonambulatory livestock in interstate and foreign commerce be immediately and humanely euthanized when such livestock become nonambulatory.

Amends the Humane Methods of Slaughter Act of 1958 to direct the Secretary of Agriculture (USDA) to promulgate regulations providing for the humane treatment, handling, and disposition of nonambulatory livestock by specified entities, including a requirement that nonambulatory livestock be humanely euthanized.

Requires an entity to: (1) humanely euthanize nonambulatory livestock (while not limiting the Secretary's ability to test nonambulatory livestock for disease, such as bovine spongiform encephalopathy), and (2) not move nonambulatory livestock unless required for a specific test for disease.

Prohibits an inspector at an establishment covered by the Federal Meat Inspection Act from passing through inspection any nonambulatory livestock, carcass, or carcass parts and requires an inspector at such establishment to label such material as "inspected and condemned."

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Downed Animal and Food Safety 
Protection Act''.

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 (including calves), 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, provided 
        that such livestock are humanely euthanized immediately after 
        such livestock are tested for such disease.
    ``(d) Movement.--
            ``(1) In general.--Subject to paragraph (2), a covered 
        entity shall not move nonambulatory livestock.
            ``(2) Disease testing.--Notwithstanding paragraph (1), a 
        covered entity may humanely move nonambulatory livestock if 
        required for a specific test for disease if the livestock is 
        unconscious until euthanized in accordance with subsection (c).
    ``(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 shall label, mark, stamp, or 
        tag as `inspected and condemned' any material described in 
        paragraph (1).
    ``(f) Violations.--A covered entity who violates a provision of 
this section shall upon conviction be fined not more than $5,000, 
imprisoned not more than one year, or both.
    ``(g) Effect on State Law.--This section shall not be construed to 
preempt any law or regulation of a State or a political subdivision of 
a State containing requirements that are greater than the requirements 
of this section, or which create penalties for conduct regulated by 
this section.''.
    (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).