II 

117TH CONGRESS 

2D SESSION S. 5138 

To establish the Office of High-Risk AFO Disaster Mitigation and 

Enforcement in the Department of Agriculture, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 29, 2022 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Industrial Agriculture Accountability Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

Sec. 3. Findings. 


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TITLE I—HIGH-RISK AFO DISASTER MITIGATION AND 

ENFORCEMENT 

Sec. 101. Definitions. 

Subtitle A—Department of Agriculture 

Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. 

Sec. 112. Registration of high-risk AFOs. 

Sec. 113. Covered industrial operator responsibilities and liabilities. 

Sec. 114. Restriction on certain methods of depopulation. 

Sec. 115. Reports. 

Sec. 116. Civil actions. 

Subtitle B—Department of Labor 

Sec. 121. Definitions. 

Sec. 122. Minimum labor standards for covered workers and affected contract 

growers. 

Sec. 123. Prohibition on the use of incarcerated workers. 

TITLE II—GRANT AND PILOT PROGRAMS 

Sec. 201. Definitions. 

Sec. 202. Controlled-atmosphere stunning transition program. 

Sec. 203. Pilot program for increased accessibility to inspection and technical 

assistance for eligible processing facilities. 

TITLE III—HUMANE HANDLING REFORMS 

Subtitle A—Transport 

Sec. 311. Transportation of livestock and poultry. 

Sec. 312. Higher-welfare transport research funding. 

Subtitle B—Nonambulatory Livestock 

Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. 

Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. 

Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. 

Subtitle C—Inspections 

Sec. 331. Definitions. 

Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. 

Sec. 333. Funding for additional OSHA inspectors. 

Sec. 334. Funding for additional FSIS inspectors. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 

4 SEC. 3. FINDINGS. 

5 Congress finds that— 


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1 (1) factory farms owned or controlled by indus2 trial operators— 

3 (A) lack systemic resilience; 

4 (B) present significant risks, particularly 

5 in the event of a disaster; and 

6 (C) negatively impact— 

7 (i) farmed animals, who suffer tre8 mendously from cruel depopulation meth9 ods and without meaningful disaster miti10 gation efforts; 

11 (ii) meat and poultry processing work12 ers, who are subjected to exploitative con13 ditions and abusive behavior by employers 

14 in depopulation situations— 

15 (I) including— 

16 (aa) being required to spend 

17 long hours, over days or weeks, 

18 mass-killing farmed animals; and 

19 (bb) being terminated fol20 lowing the completion of a de21 population event, without finan22 cial support; and 

23 (II) that lead to long-term psy24 chological impacts, including increased 

25 feelings of anger and stress; and 


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1 (iii) neighboring communities and the 

2 environment, including through— 

3 (I) flood waters overrunning ma4 nure lagoons resulting in ecological 

5 degradation in the form of soil, sur6 face, and groundwater contamination; 

7 (II) algae blooms; and 

8 (III) wildlife population crashes; 

9 (2)(A) since 2019, more than 60,000,000 poul10 try and 10,000,000 swine have been depopulated; 

11 and 

12 (B) those massive cullings are often conducted 

13 using incredibly inhumane practices including ven14 tilation shutdown, ventilation shutdown plus, sodium 

15 nitrite poisoning, and water-based foaming (as those 

16 terms are defined in section 114(a)); 

17 (3) since 2019, industrial operators put slaugh18 terhouse workers in jeopardy and cost taxpayers mil19 lions of dollars; 

20 (4) industrial operators continue to experience 

21 record profits, including a 300-percent growth in 

22 profits during the COVID–19 pandemic; 

23 (5) industrial operators have created a system 

24 that allows for the inhumane handling of non25 ambulatory livestock (as defined in section 3(a) of 


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1 Public Law 85–765 (commonly known as the ‘‘Hu2 mane Methods of Slaughter Act of 1958’’)) that 

3 causes needless suffering, unsafe working conditions, 

4 and the spread of foodborne and zoonotic diseases; 

5 (6) industrial operators have abused the use of 

6 certain drugs that increase the risk of livestock be7 coming nonambulatory livestock (as so defined); 

8 (7) slaughterhouse deregulation and decreased 

9 Federal oversight of meat and poultry slaughter pose 

10 significant risks to workers, consumers, and animals; 

11 (8) Federal humane slaughter laws currently 

12 exempt 98 percent of animals slaughtered for food; 

13 (9) current Federal animal transport laws are 

14 ineffective and inherently cruel; and 

15 (10) Federal support is needed to create a level 

16 playing field for farmers engaged in higher-welfare 

17 practices who are struggling to compete in a highly 

18 monopolized market controlled by industrial opera19 tors. 

20 TITLE I—HIGH-RISK AFO DIS21 ASTER MITIGATION AND EN22 FORCEMENT 

23 SEC. 101. DEFINITIONS. 

24 In this title: 

25 (1) ANIMAL FEEDING OPERATION; AFO.— 


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1 (A) IN GENERAL.—The term ‘‘animal feed2 ing operation’’ or ‘‘AFO’’ means a single lot or 

3 facility at which— 

4 (i) for not less than a total of 45 days 

5 in any 12-month period, animals (other 

6 than aquatic animals) are— 

7 (I) stabled or confined; and 

8 (II) fed or maintained; and 

9 (ii) crops, vegetation, forage growth, 

10 or postharvest residues are not sustained 

11 in the normal growing season over any por12 tion of the lot or facility. 

13 (B) MULTIPLE LOTS.—For purposes of 

14 subparagraph (A), 2 or more lots or facilities 

15 described in that subparagraph shall be consid16 ered to be a single animal feeding operation if 

17 the lots or facilities— 

18 (i) are located within 3 miles of each 

19 other; and 

20 (ii) are under common ownership or 

21 control. 

22 (C) EXCLUSION.—The term ‘‘animal feed23 ing operation’’ or ‘‘AFO’’ does not include a 

24 pasture-based livestock or poultry production 

25 system in which animals— 


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1 (i) are primarily raised on pasture, 

2 grassland, or other vegetative environ3 ments; 

4 (ii) have the ability to exercise spe5 cies-specific natural behaviors; and 

6 (iii) have access to appropriate shel7 ter, healthy vegetation, potable water, and 

8 adequate protection from predators. 

9 (2) COVERED INDUSTRIAL OPERATOR.—The 

10 term ‘‘covered industrial operator’’ means an indi11 vidual or entity that owns or controls not less than 

12 the following number of livestock or poultry, as ap13 plicable, that are housed in an AFO at a single point 

14 in time: 

15 (A) 2,500 swine. 

16 (B) 30,000 turkeys or ducks. 

17 (C) 82,000 laying hens or broilers. 

18 (3) DEPOPULATION.—The term ‘‘depopulation’’ 

19 means the rapid destruction of a population of ani20 mals in response to urgent circumstances. 

21 (4) DISASTER EVENT.—The term ‘‘disaster 

22 event’’ means— 

23 (A) a public health emergency declared by 

24 the Secretary of Health and Human Services 


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1 under section 319 of the Public Health Service 

2 Act (42 U.S.C. 247d); 

3 (B) a major disaster declared by the Presi4 dent under section 401 of the Robert T. Staf5 ford Disaster Relief and Emergency Assistance 

6 Act (42 U.S.C. 5170); 

7 (C) a disaster designated by the Secretary 

8 pursuant to part 759 of title 7, Code of Federal 

9 Regulations (or successor regulations); and 

10 (D) a quarantine designated by the Sec11 retary pursuant to the Plant Protection Act (7 

12 U.S.C. 7701 et seq.) or animal quarantine laws. 

13 (5) HIGH-RISK AFO.—The term ‘‘high-risk 

14 AFO’’ means an AFO that houses livestock or poul15 try owned or controlled by a covered industrial oper16 ator. 

17 (6) OFFICE.—The term ‘‘Office’’ means the Of18 fice of High-Risk AFO Disaster Mitigation and En19 forcement established under section 111. 

20 Subtitle A—Department of 

21 Agriculture 

22 SEC. 111. OFFICE OF HIGH-RISK AFO DISASTER MITIGA23 TION AND ENFORCEMENT. 

24 The Secretary shall establish an office within the De25 partment of Agriculture, to be known as the ‘‘Office of 


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1 High-Risk AFO Disaster Mitigation and Enforcement’’, 

2 which shall carry out or enforce, as applicable, sections 

3 112 through 115. 

4 SEC. 112. REGISTRATION OF HIGH-RISK AFOS. 

5 (a) REGISTRATION REQUIREMENT.— 

6 (1) IN GENERAL.—A covered industrial oper7 ator shall be required to register with the Office 

8 prior to selling, buying, or transferring livestock, 

9 poultry, or any product derived from livestock or 

10 poultry across State lines. 

11 (2) INFORMATION.—In registering with the Of12 fice under paragraph (1), a covered industrial oper13 ator shall submit to the Office— 

14 (A) identifying information about the cov15 ered industrial operator, including the location, 

16 animal type, and peak inventory animal totals 

17 for all high-risk AFOs owned or controlled by 

18 the covered industrial operator; and 

19 (B) a standard disaster mitigation plan 

20 that includes— 

21 (i) a description of the type, location, 

22 and extent of all potential disaster events 

23 that can affect livestock or poultry housed 

24 in a high-risk AFO, including information 

25 on previous occurrences of disaster events 


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1 and the probability of future disaster 

2 events; 

3 (ii) a plan to ensure that animals do 

4 not go without necessary resources such as 

5 shelter, food, and water during an extreme 

6 weather event; 

7 (iii) a plan to increase flexibility and 

8 resiliency, including— 

9 (I) identifying ways to house ani10 mals past their intended slaughter 

11 date; and 

12 (II) alternative slaughter and 

13 processing arrangements, including 

14 contracting with small-scale Depart15 ment of Agriculture, State-certified, 

16 or mobile operations with existing ca17 pacity, in the event of supply chain 

18 disruptions; 

19 (iv) a plan for accessing necessary re20 sources, personal protective equipment, 

21 and labor to carry out depopulation in 

22 ways that most rapidly render animals un23 conscious in the event that depopulation is 

24 unavoidable; 


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1 (v) a plan for disposal of any deceased 

2 animals that— 

3 (I) satisfies requirements under 

4 all relevant Federal, State, and local 

5 environmental and public health laws; 

6 and 

7 (II) does not rely on unlined bur8 ial or onsite incineration; and 

9 (vi) other information, as determined 

10 appropriate by the Secretary. 

11 (3) ANNUAL SUBMISSION.—A covered industrial 

12 operator that is registered with the Office pursuant 

13 to this subsection shall submit to the Office the in14 formation described in paragraph (2) on an annual 

15 basis. 

16 (4) RESTRICTED FUNDS FOR PLAN.—A covered 

17 industrial operator shall not, in developing a stand18 ard disaster mitigation plan described in paragraph 

19 (2)(B), use any Federal funds, including funds pro20 vided under the environmental quality incentive pro21 gram under subchapter A of chapter 4 of subtitle D 

22 of title XII of the Food Security Act of 1985 (16 

23 U.S.C. 3839aa et seq.). 

24 (b) DISASTER MITIGATION MAINTENANCE FEE.— 


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1 (1) IN GENERAL.—A covered industrial oper2 ator registered under subsection (a) shall pay to the 

3 Office an annual fee by January 15 of each year for 

4 each high-risk AFO owned or controlled by the cov5 ered industrial operator. 

6 (2) TOTAL AMOUNT OF FEES.—The amount of 

7 the fee required under paragraph (1)— 

8 (A) shall be determined by the Secretary in 

9 a manner that will ensure that the total amount 

10 of fees collected for each fiscal year shall suffi11 ciently fund the activities of the Office for that 

12 fiscal year; but 

13 (B) shall not be less than $1 per animal 

14 unit (as defined by the Administrator of the 

15 Environmental Protection Agency) for each fis16 cal year. 

17 (3) RESTRICTION.—A covered industrial oper18 ator may not reduce wages or grower payments in 

19 order to derive the amount of the fee required under 

20 paragraph (1). 

21 (c) HIGH-RISK AFO DISASTER MITIGATION AND EN22 FORCEMENT FUND.— 

23 (1) ESTABLISHMENT.—There is established in 

24 the Treasury of the United States a fund, to be 

25 known as the ‘‘High-Risk AFO Disaster Mitigation 


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1 and Enforcement Fund’’ (referred to in this sub2 section as the ‘‘Fund’’). 

3 (2) SOURCE; USE.—All moneys derived from 

4 fees collected by the Office under subsection (b) 

5 shall be deposited in the Fund and made available 

6 to the Secretary, without fiscal year limitation, to 

7 offset costs relating to— 

8 (A) the administrative costs associated 

9 with operating the Office and technical assist10 ance offered by staff of the Office; 

11 (B) creating the national stockpile pursu12 ant to section 114(c)(2); 

13 (C) enforcement actions against covered 

14 industrial operators that do not comply with 

15 this subtitle; and 

16 (D) any other activities determined by the 

17 Secretary. 

18 SEC. 113. COVERED INDUSTRIAL OPERATOR RESPONSIBIL19 ITIES AND LIABILITIES. 

20 A covered industrial operator shall be responsible and 

21 liable for, with respect to each high-risk AFO owned or 

22 controlled by the covered industrial operator, all costs as23 sociated with activities related to disaster events or de24 population of livestock or poultry, including— 


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1 (1) procuring resources for depopulation of live2 stock or poultry, including from the national stock3 pile described in section 114(c)(2); 

4 (2) disposal of deceased animals that— 

5 (A) satisfies requirements under all rel6 evant Federal, State, and local environmental 

7 and public health laws; and 

8 (B) does not rely on unlined burial or on9 site incineration; 

10 (3) compensation for contract growers and 

11 workers, as provided in subtitle B; 

12 (4) compensation for any adverse health im13 pacts, property value diminution, and loss of use and 

14 enjoyment of property suffered by neighboring resi15 dents of the high-risk AFO; and 

16 (5) other costs determined by the Secretary. 

17 SEC. 114. RESTRICTION ON CERTAIN METHODS OF DE18 POPULATION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) RESTRICTED PRACTICE.—The term ‘‘re21 stricted practice’’ means— 

22 (A) sodium nitrite poisoning; 

23 (B) ventilation shutdown; 

24 (C) ventilation shutdown plus; 

25 (D) water-based foaming; and 


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1 (E) any other method identified by the 

2 Secretary. 

3 (2) SODIUM NITRITE POISONING.—The term 

4 ‘‘sodium nitrite poisoning’’ means a method of ani5 mal depopulation that involves feeding the toxic sub6 stance sodium nitrite to animals, causing changes to 

7 the blood that prevent delivery of oxygen to tissues 

8 and result in prolonged respiratory distress prior to 

9 loss of consciousness. 

10 (3) VENTILATION SHUTDOWN.—The term ‘‘ven11 tilation shutdown’’ means a method of animal de12 population that involves sealing a building in which 

13 animals are confined, shutting inlets, and turning off 

14 fans in order to raise the temperature in the build15 ing until the animals die from hyperthermia or hy16 poxia, including ventilation shutdown plus. 

17 (4) VENTILATION SHUTDOWN PLUS.—The term 

18 ‘‘ventilation shutdown plus’’ means a ventilation 

19 shutdown method that involves the use of additional 

20 heat or humidity. 

21 (5) WATER-BASED FOAMING.—The term 

22 ‘‘water-based foaming’’ means a method of animal 

23 depopulation that involves pumping foam con24 centrate combined with water into a building in 


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1 which animals are confined until the animals die 

2 from hypoxia. 

3 (b) RESTRICTIONS; CIVIL PENALTY.—Notwith4 standing any other provision of law, beginning 1 year after 

5 the date of enactment of this Act, a covered industrial op6 erator that uses 1 or more restricted practices for any 

7 event of depopulation of livestock or poultry on a high8 risk AFO owned or controlled by the covered industrial 

9 operator, as determined by the Office— 

10 (1) shall not be eligible for any Federal contract 

11 for a period of 10 years beginning on that date; 

12 (2) shall not be eligible for inspection of any fa13 cility owned or controlled by the covered industrial 

14 operator pursuant to the Federal Meat Inspection 

15 Act (21 U.S.C. 601 et seq.) or the Poultry Products 

16 Inspection Act (21 U.S.C. 451 et seq.), as applica17 ble, for a period of 10 years beginning on that date; 

18 and 

19 (3) shall be assessed a civil penalty of up to 

20 $1,000 per animal per act of depopulation, with con21 sideration given to the appropriateness of the pen22 alty with respect to the gravity of the violation and 

23 the good faith of the covered industrial operator. 


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1 (c) STANDARDS AND RESOURCES.—Not later than 1 

2 year after the date of enactment of this Act, the Secretary 

3 shall issue a final rule— 

4 (1) to establish depopulation standards that 

5 rapidly induce unconsciousness and death with mini6 mal pain and distress; and 

7 (2) to coordinate a national stockpile of re8 sources— 

9 (A) to carry out depopulation activities 

10 during a disaster event in a way that rapidly in11 duces unconsciousness and death of the animals 

12 with minimal pain and distress; and 

13 (B) using funds from the High-Risk AFO 

14 Disaster Mitigation and Enforcement Fund es15 tablished by section 112(c)(1). 

16 SEC. 115. REPORTS. 

17 (a) REPORTS TO SECRETARY.—Not later than 3 

18 business days after completing any depopulation of any 

19 animals, a covered industrial operator performing or re20 quiring such depopulation shall submit to the Secretary 

21 a report on that depopulation instance that specifies— 

22 (1) the 1 or more dates on which, and location 

23 at which, the depopulation and disposal of the ani24 mals occurred; 


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1 (2) the total number, species, breed, and in2 tended product of the depopulated animals; 

3 (3) the depopulation and disposal methods uti4 lized; 

5 (4) any monitoring, testing, or sampling pro6 tocol put in place to monitor releases of environ7 mental contaminants from the disposal location; 

8 (5) a summary of any assets utilized or received 

9 from the national stockpile established pursuant to 

10 section 114(c)(2), as applicable; 

11 (6) documentation of compliance or noncompli12 ance with the standard disaster mitigation plan de13 scribed in section 112(a)(2)(B) of the covered indus14 trial operator; and 

15 (7) the cost associated with the depopulation 

16 and disposal, including labor. 

17 (b) PUBLICLY SEARCHABLE DATABASE.—The Sec18 retary, acting through the Office, shall develop and make 

19 publicly available an electronically searchable and sortable 

20 online database that contains information— 

21 (1) reported under subsection (a); and 

22 (2) submitted by covered industrial operators 

23 registering under section 112. 

24 SEC. 116. CIVIL ACTIONS. 

25 (a) IN GENERAL.—Any person may— 


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1 (1) bring a civil action against a covered indus2 trial operator or the Secretary in an appropriate 

3 court to redress any violation of this subtitle or any 

4 other law relating to the activities described in this 

5 subtitle; and 

6 (2) obtain appropriate relief in that civil action, 

7 including equitable relief and compensatory dam8 ages. 

9 (b) ATTORNEY’S FEES FOR PLAINTIFF.—The court 

10 shall award a reasonable attorney’s fee as part of the costs 

11 to a prevailing plaintiff in a civil action described in sub12 section (a). 

13 Subtitle B—Department of Labor 

14 SEC. 121. DEFINITIONS. 

15 In this subtitle: 

16 (1) AFFECTED CONTRACT GROWER.—The term 

17 ‘‘affected contract grower’’ means an owner of an 

18 AFO— 

19 (A) that raises livestock or poultry pursu20 ant to a written contract, marketing arrange21 ment, or other arrangement, with a covered in22 dustrial operator; and 

23 (B) whose AFO is impacted by a disaster 

24 mitigation event. 


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1 (2) AFFECTED CONTRACTOR.—The term ‘‘af2 fected contractor’’ means an individual or entity that 

3 supplies, either with or without a contract, a covered 

4 industrial operator with a worker to perform labor 

5 directly or indirectly related to a disaster mitigation 

6 event. 

7 (3) COVERED WORKER.— 

8 (A) IN GENERAL.—The term ‘‘covered 

9 worker’’— 

10 (i) means an employee who performs 

11 labor in connection with a disaster mitiga12 tion event for a covered industrial oper13 ator; and 

14 (ii) includes any employee of an af15 fected contract grower, or of another af16 fected contractor, of a covered industrial 

17 operator. 

18 (B) ADDITIONAL TERMS.—In this para19 graph, the term ‘‘employee’’ means an indi20 vidual performing any labor for a covered in21 dustrial operator, including through an affected 

22 contract grower or other affected contractor, 

23 unless— 

24 (i) the individual is free from control 

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1 formance of the labor, both under the con2 tract for the performance of labor and in 

3 fact; 

4 (ii) the labor is performed outside the 

5 usual course of the business of the covered 

6 industrial operator; and 

7 (iii) the individual is customarily en8 gaged in an independently established 

9 trade, occupation, profession, or business 

10 of the same nature as that involved in the 

11 labor performed. 

12 (4) DISASTER MITIGATION EVENT.—The term 

13 ‘‘disaster mitigation event’’ means a disaster event 

14 affecting a covered industrial operator that triggers 

15 activities described in the disaster mitigation plan 

16 submitted by the covered industrial operator under 

17 section 112(a)(2)(B). 

18 SEC. 122. MINIMUM LABOR STANDARDS FOR COVERED 

19 WORKERS AND AFFECTED CONTRACT GROW20 ERS. 

21 (a) APPLICABILITY.—A covered industrial operator 

22 that employs or contracts with covered workers, affected 

23 contract growers, or other affected contractors related to 

24 a disaster mitigation event shall comply with the labor 

25 standards described in subsection (b). 


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1 (b) LABOR STANDARDS.—The labor standards de2 scribed in this subsection are the following: 

3 (1) WHISTLEBLOWER PROTECTIONS.—A cov4 ered industrial operator shall not discharge, cause to 

5 be discharged, or in any other manner discriminate 

6 against any covered worker or affected contract 

7 grower because such covered worker or affected con8 tract grower— 

9 (A) has filed any complaint or instituted or 

10 caused to be instituted any proceeding under or 

11 related to this section; or 

12 (B) has testified or is about to testify in 

13 any such proceeding. 

14 (2) HEALTH INSURANCE REQUIREMENT.—Dur15 ing a disaster mitigation event and for a period of 

16 not less than 2 years following the disaster mitiga17 tion event, the covered industrial operator shall offer 

18 each covered worker and affected contract grower of 

19 the covered industrial operator a health plan that 

20 provides coverage that is at least equivalent to cov21 erage provided by an essential health benefits pack22 age (as defined in subsection (a) of section 1302 of 

23 the Patient Protection and Affordable Care Act (42 

24 U.S.C. 18022)) at the silver level of coverage (as de25 fined in subsection (d)(1)(B) of such section), reVerDate Sep 11 2014 05:05 Nov 30, 2022 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S5138.IS S5138

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1 gardless of their employment status or contract with 

2 the covered industrial operator. Such covered indus3 trial operator shall pay the full premium amount for 

4 such health plan for each such covered worker or af5 fected contract grower who elects to enroll in such 

6 plan. 

7 (3) SEVERANCE PAY FOR COVERED WORK8 ERS.—In the case of a disaster mitigation event, the 

9 covered industrial operator shall provide any covered 

10 worker terminated by the covered industrial oper11 ator, or by an affected contract grower or other af12 fected contractor of the covered industrial operator 

13 impacted by the disaster mitigation event, during 

14 the 60-day period following the disaster mitigation 

15 event with 12 weeks of severance pay, at a weekly 

16 rate equal to the average weekly earnings of the cov17 ered worker during the disaster mitigation event. 

18 (4) LOST REVENUE FOR AFFECTED CONTRACT

19 GROWERS.—In any case in which a covered indus20 trial operator terminates the contract of an affected 

21 contract grower following a disaster mitigation 

22 event, the covered industrial operator shall provide 

23 an amount of lost revenue to the affected contract 

24 grower equal to the affected contract grower’s revVerDate Sep 11 2014 05:05 Nov 30, 2022 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S5138.IS S5138

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1 enue from the covered operator during the preceding 

2 180 days. 

3 (c) ENFORCEMENT BY THE SECRETARY OF

4 LABOR.— 

5 (1) GENERAL AUTHORITY.—The Secretary of 

6 Labor shall receive, investigate, and attempt to re7 solve complaints of violations of this section in the 

8 same manner that the Secretary of Labor receives, 

9 investigates, and attempts to resolve complaints of 

10 violations of sections 6, 7, and 15(a)(3) of the Fair 

11 Labor Standards Act of 1938 (29 U.S.C. 206, 207, 

12 and 215(a)(3)), including such Secretary’s authority 

13 to supervise payment of wages and compensation 

14 under section 16(c) of such Act (29 U.S.C. 216(c)). 

15 (2) CIVIL PENALTIES.—The Secretary of Labor 

16 may assess a civil penalty against a covered indus17 trial operator that violates any provision of this sec18 tion. 

19 (3) MONITORING COMPLIANCE.—Not later than 

20 90 days after the date of enactment of this Act, the 

21 Secretary of Labor shall— 

22 (A) develop a process to monitor compli23 ance with the standards under this section that 

24 requires covered industrial operators to provide 


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1 information to demonstrate such compliance; 

2 and 

3 (B) issue rules to determine penalties for 

4 noncompliance with this section. 

5 (4) NOTIFICATION OF OFFICE.—The Secretary 

6 of Labor shall notify the Office of any covered in7 dustrial operator that is determined to be non8 compliant with the requirements of this section. 

9 (d) RIGHT OF ACTION FOR VIOLATIONS.— 

10 (1) PRIVATE RIGHT OF ACTION FOR VIOLA11 TIONS.—An action to recover damages or obtain re12 lief prescribed in paragraph (2) may be maintained 

13 against any covered industrial operator in any Fed14 eral or State court of competent jurisdiction by 1 or 

15 more covered workers or affected contract growers 

16 for and on behalf of themselves and other similarly 

17 situated covered workers or affected contract grow18 ers. 

19 (2) LIABILITY.— 

20 (A) IN GENERAL.—A covered industrial 

21 operator who violates this section shall be liable 

22 to each covered worker or affected contract 

23 grower that is aggrieved by the violation for— 

24 (i) damages in the amount of unpaid 

25 wages, salary, overtime compensation, or 


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1 other compensation denied or lost by rea2 son of the violation; and 

3 (ii) an additional equal amount as liq4 uidated damages. 

5 (B) ATTORNEY’S FEES AND COSTS.—In a 

6 civil action brought under paragraph (1) in 

7 which the plaintiff prevails, the court shall 

8 award the plaintiff reasonable attorney’s fees 

9 and costs of the action. 

10 (3) ENFORCEMENT BY THE SECRETARY OF

11 LABOR.—The Secretary of Labor may bring an ac12 tion in any court of competent jurisdiction to recover 

13 damages or obtain relief described in paragraph (2) 

14 on behalf of a covered worker or affected contract 

15 grower aggrieved by a violation of this section. 

16 SEC. 123. PROHIBITION ON THE USE OF INCARCERATED 

17 WORKERS. 

18 Notwithstanding any other provision of law, a covered 

19 industrial operator that the Secretary of Labor determines 

20 entered into a contract, on or after the date of enactment 

21 of this Act, with any entity to utilize incarcerated workers 

22 to perform labor related to a disaster mitigation event 

23 shall not be eligible for— 


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1 (1) any Federal contracts for a period of 10 

2 years beginning on the date of the determination; 

3 and 

4 (2) inspection of any facility owned or con5 trolled by the covered industrial operator pursuant 

6 to the Federal Meat Inspection Act (21 U.S.C. 601 

7 et seq.) or the Poultry Products Inspection Act (21 

8 U.S.C. 451 et seq.), as applicable, for a period of 10 

9 years beginning on that date. 

10 TITLE II—GRANT AND PILOT 

11 PROGRAMS 

12 SEC. 201. DEFINITIONS. 

13 In this title: 

14 (1) CONTROLLED-ATMOSPHERE STUNNING.— 

15 The term ‘‘controlled-atmosphere stunning’’ means 

16 rendering poultry unconscious through exposure to a 

17 mixture of gas (nitrogen and argon or concentra18 tions of carbon dioxide) before slaughter. 

19 (2) ELIGIBLE PROCESSING FACILITY.—The 

20 term ‘‘eligible processing facility’’ means an eligible 

21 facility described in section 764 of division N of the 

22 Consolidated Appropriations Act, 2021 (21 U.S.C. 

23 473), that has a labor peace agreement in place. 

24 (3) LABOR PEACE AGREEMENT.—The term 

25 ‘‘labor peace agreement’’ means an agreement— 


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1 (A) between an employer and a labor orga2 nization that represents, or is actively seeking 

3 to represent as of the date on which the labor 

4 peace agreement is entered, the employees of 

5 the employer; and 

6 (B) under which such employer and such 

7 labor organization agree that— 

8 (i) the employer will not— 

9 (I) hinder any effort of an em10 ployee to join a labor organization; or 

11 (II) take any action that directly 

12 or indirectly indicates or implies any 

13 opposition to an employee joining a 

14 labor organization; 

15 (ii) the labor organization will refrain 

16 from picketing, work stoppages, or boy17 cotts against the employer; 

18 (iii) the employer will— 

19 (I) provide the labor organization 

20 with employee contact information; 

21 and 

22 (II) facilitate or permit labor or23 ganization access to employees at the 

24 workplace, including facilitating or 

25 permitting the labor organization to 


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1 meet with employees to discuss joining 

2 the labor organization; and 

3 (iv) the employer will, upon the re4 quest of the labor organization, recognize 

5 the labor organization as the bargaining 

6 representative of the employees if a major7 ity of the employees choose the labor orga8 nization as their bargaining representative. 

9 (4) LIVE-SHACKLE SLAUGHTER.—The term 

10 ‘‘live-shackle slaughter’’ means the method of stun11 ning poultry before slaughter by shackling the poul12 try upside down by their legs and moving the poul13 try through electrified baths meant to render the 

14 poultry unconscious. 

15 SEC. 202. CONTROLLED-ATMOSPHERE STUNNING TRANSI16 TION PROGRAM. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Secretary shall establish 

19 a transition program to award grants to eligible processing 

20 facilities that process poultry to transition from live-shack21 le slaughter to controlled-atmosphere stunning. 

22 (b) ELIGIBILITY.—As a condition of receipt of a 

23 grant under subsection (a), an eligible processing facility 

24 shall not, for a period of 10 years following the date of 

25 receipt of the grant, sell a slaughter or processing facility 


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1 to, or merge the slaughter or processing facility with, a 

2 packer that owns more than 10 percent of the market 

3 share of meat and poultry markets. 

4 (c) FUNDING.—There is appropriated, out of any 

5 funds in the Treasury not otherwise appropriated, 

6 $750,000,000 to the Secretary to carry out this section. 

7 SEC. 203. PILOT PROGRAM FOR INCREASED ACCESSIBILITY 

8 TO INSPECTION AND TECHNICAL ASSIST9 ANCE FOR ELIGIBLE PROCESSING FACILI10 TIES. 

11 (a) IN GENERAL.—The Secretary shall carry out a 

12 5-year pilot program within the Meat and Poultry Inspec13 tion Division of the Food Safety and Inspection Service— 

14 (1) to expand the availability of processing in15 spectors, technical assistance, and onsite inspection 

16 for eligible processing facilities, including no-cost 

17 overtime inspections; and 

18 (2) to identify and train part-time inspectors 

19 and technical assistance providers. 

20 (b) PROFESSIONAL EXPERIENCE.—The Secretary 

21 shall determine the appropriate professional experience of 

22 inspectors and providers described in subsection (a)(2), 

23 which shall include individuals with expertise in veterinary 

24 medicine, public health, food service management, and 

25 animal science, as applicable. 


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1 (c) FUNDING.—There is authorized to be appro2 priated to the Secretary not less than $50,000,000 to 

3 carry out this section. 

4 TITLE III—HUMANE HANDLING 

5 REFORMS 

6 Subtitle A—Transport 

7 SEC. 311. TRANSPORTATION OF LIVESTOCK AND POULTRY. 

8 (a) TRANSPORTATION LASTING MORE THAN 8 

9 HOURS.— 

10 (1) IN GENERAL.—Section 80502 of title 49, 

11 United States Code, is amended— 

12 (A) in subsection (a)(1), by striking ‘‘a rail 

13 carrier’’ and all that follows through ‘‘territory 

14 or possession,’’ and inserting ‘‘a covered pro15 vider of transportation’’; 

16 (B) in subsection (b)— 

17 (i) in paragraph (3), by striking ‘‘sub18 section (a) of this section’’ and inserting 

19 ‘‘subsection (b)’’; 

20 (ii) by redesignating paragraphs (1) 

21 through (3) as subparagraphs (A) through 

22 (C), respectively, and indenting appro23 priately; 


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1 (iii) in the matter preceding subpara2 graph (A) (as so redesignated), in the 

3 third sentence— 

4 (I) by striking ‘‘the rail carrier’’ 

5 and all that follows through ‘‘a ves6 sel’’ and inserting ‘‘the covered pro7 vider of transportation’’; and 

8 (II) by striking ‘‘When the ani9 mals’’ and inserting the following: 

10 ‘‘(3) RESPONSIBILITY OF COVERED PROVIDER

11 OF TRANSPORTATION.—When the animals’’; 

12 (iv) in the matter preceding para13 graph (3) (as so designated), in the second 

14 sentence, by striking ‘‘The owner’’ and in15 serting the following: 

16 ‘‘(2) RESPONSIBILITY OF OWNER OR PERSON

17 HAVING CUSTODY.—The owner’’; and 

18 (v) in the matter preceding paragraph 

19 (2) (as so designated), by striking ‘‘Ani20 mals being’’ and inserting the following: 

21 ‘‘(1) IN GENERAL.—Animals being’’; 

22 (C) in subsection (d)— 

23 (i) in the second sentence, by striking 

24 ‘‘On learning’’ and inserting the following: 

25 ‘‘(2) CIVIL ACTION.—On learning’’; and 


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1 (ii) in the first sentence, by striking 

2 ‘‘A rail carrier’’ and all that follows 

3 through ‘‘a vessel’’ and inserting the fol4 lowing: 

5 ‘‘(1) IN GENERAL.—A covered provider of 

6 transportation’’; 

7 (D) by redesignating subsections (a) 

8 through (d) as subsections (b), (c), (g), and (f), 

9 respectively, and moving the subsections so as 

10 to appear in alphabetical order; 

11 (E) by inserting before subsection (b) (as 

12 so redesignated) the following: 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) COVERED INDUSTRIAL OPERATOR.— 

15 ‘‘(A) IN GENERAL.—The term ‘covered in16 dustrial operator’ means an individual or entity 

17 that owns or controls a quantity of livestock or 

18 poultry that is not less than the quantity de19 scribed in subparagraph (B) for the applicable 

20 livestock or poultry. 

21 ‘‘(B) QUANTITY OF LIVESTOCK OR POUL22 TRY IN AFOS.—The quantity of livestock or 

23 poultry referred to in subparagraph (A) is 1 or 

24 more of the following quantities of livestock or 


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1 poultry housed in 1 or more Animal Feeding 

2 Operations at a single point in time: 

3 ‘‘(i) 2,500 swine. 

4 ‘‘(ii) 30,000 turkeys or ducks. 

5 ‘‘(iii) 82,000 laying hens or broilers. 

6 ‘‘(2) COVERED PROVIDER OF TRANSPOR7 TATION.— 

8 ‘‘(A) IN GENERAL.—The term ‘covered 

9 provider of transportation’ means an individual 

10 or entity described in subparagraph (B) that is 

11 transporting animals from a place in a State, 

12 the District of Columbia, or a territory or pos13 session of the United States through or to a 

14 place in another State, the District of Colum15 bia, or a territory or possession of the United 

16 States. 

17 ‘‘(B) INDIVIDUALS AND ENTITIES DE18 SCRIBED.—An individual or entity referred to 

19 in subparagraph (A) is— 

20 ‘‘(i) a rail carrier, express carrier, or 

21 common carrier (except by air or water); 

22 ‘‘(ii) a receiver, trustee, or lessee of a 

23 carrier described in clause (i); or 

24 ‘‘(iii) an owner or master of a vessel. 


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1 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Agriculture.’’; and 

3 (F) by inserting after subsection (c) (as so 

4 redesignated) the following: 

5 ‘‘(d) TRANSPORTATION LASTING MORE THAN 8 

6 HOURS.— 

7 ‘‘(1) IN GENERAL.—In any case in which ani8 mals are transported by a covered provider of trans9 portation on behalf of a covered industrial operator 

10 for a period lasting, or expected to last, more than 

11 8 consecutive hours, the covered provider of trans12 portation transporting the animals shall ensure 

13 that— 

14 ‘‘(A) the means of transport provides ade15 quate protection of the animals from high 

16 winds, rain, and snow; 

17 ‘‘(B) any livestock or poultry are provided 

18 with appropriate bedding or equivalent material 

19 that— 

20 ‘‘(i) prevents slipping; 

21 ‘‘(ii) ensures a level of comfort appro22 priate to— 

23 ‘‘(I) the species of the livestock 

24 or poultry; 


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1 ‘‘(II) the number of animals 

2 being transported; 

3 ‘‘(III) the duration of the period 

4 of transportation; and 

5 ‘‘(IV) the weather; and 

6 ‘‘(iii) provides adequate absorption of 

7 urine and feces; 

8 ‘‘(C) the animals are not overcrowded dur9 ing transport, including by complying with the 

10 regulations promulgated under paragraph (2); 

11 ‘‘(D) the means of transport is equipped 

12 with a water supply that ensures that each ani13 mal has access to water in a manner and quan14 tity appropriate to the species and size of the 

15 animal; 

16 ‘‘(E) watering devices on the means of 

17 transport are— 

18 ‘‘(i) in good working order; 

19 ‘‘(ii) appropriately designed; and 

20 ‘‘(iii) positioned appropriately for the 

21 species of animal to be watered during 

22 transport; and 

23 ‘‘(F) the animals are not transported when 

24 the temperature within the means of transport 


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1 cannot be maintained between 40 degrees Fahr2 enheit and 86 degrees Fahrenheit. 

3 ‘‘(2) RULEMAKING.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 promulgate regulations setting species-specific 

6 space allowances during periods of transpor7 tation lasting more than 8 hours. 

8 ‘‘(B) REQUIREMENTS.—The regulations 

9 promulgated under subparagraph (A) shall en10 sure that each species of animal has enough 

11 space— 

12 ‘‘(i) to turn around; 

13 ‘‘(ii) to lie down; and 

14 ‘‘(iii) to fully extend the limbs of the 

15 animal. 

16 ‘‘(e) RECORDKEEPING.— 

17 ‘‘(1) IN GENERAL.—Each covered industrial op18 erator shall maintain records of all livestock trans19 ported by the covered industrial operator. 

20 ‘‘(2) PRODUCTION OF RECORDS.—A covered in21 dustrial operator shall provide the records main22 tained under paragraph (1) to the Secretary on re23 quest.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) take effect on the date that is 1 

3 year after the date of enactment of this Act. 

4 (3) RULEMAKING.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary 

6 shall promulgate final regulations to implement the 

7 amendments made by paragraph (1). 

8 (b) MODIFICATION OF 28-HOUR RULE.— 

9 (1) IN GENERAL.—Section 80502 of title 49, 

10 United States Code (as amended by subsection (a)), 

11 is amended— 

12 (A) in subsection (b)— 

13 (i) in paragraph (1)— 

14 (I) by striking ‘‘(1) Except as 

15 provided’’ and inserting the following: 

16 ‘‘(1) IN GENERAL.—Except as otherwise pro17 vided’’; and 

18 (II) by striking ‘‘28’’ and insert19 ing ‘‘8’’; 

20 (ii) by striking paragraph (2) and in21 serting the following: 

22 ‘‘(2) EXCEPTIONS.— 

23 ‘‘(A) IN GENERAL.—Animals may be con24 fined for more than 8 hours when the animals 

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1 avoidable causes that could not have been an2 ticipated or avoided when being careful. 

3 ‘‘(B) SHEEP.—Sheep may be confined for 

4 an additional 8 consecutive hours without being 

5 unloaded when the 8-hour period of confine6 ment described in paragraph (1) ends at 

7 night.’’; and 

8 (iii) in paragraph (3), by striking ‘‘(3) 

9 Time’’ and inserting the following: 

10 ‘‘(3) LOADING AND UNLOADING.—Time’’; and 

11 (B) by striking subsection (g). 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by paragraph (1) take effect on the date that is 10 

14 years after the date of enactment of this Act. 

15 SEC. 312. HIGHER-WELFARE TRANSPORT RESEARCH FUND16 ING. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE RESEARCH INSTITUTION.—The 

19 term ‘‘eligible research institution’’ means— 

20 (A) an 1862 Institution (as defined in sec21 tion 2 of the Agricultural Research, Extension, 

22 and Education Reform Act of 1998 (7 U.S.C. 

23 7601)); 

24 (B) an 1890 Institution (as defined in that 

25 section); 


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1 (C) a 1994 Institution (as defined in sec2 tion 532 of the Equity in Educational Land3 Grant Status Act of 1994 (7 U.S.C. 301 note; 

4 Public Law 103–382)); 

5 (D) a non-land-grant college of agriculture 

6 (as defined in section 1404 of the National Ag7 ricultural Research, Extension, and Teaching 

8 Policy Act of 1977 (7 U.S.C. 3103)) that has 

9 a demonstrable capacity to conduct livestock or 

10 poultry research, as determined by the Sec11 retary; 

12 (E) Hispanic-serving agricultural colleges 

13 and universities (as defined in that section); 

14 and 

15 (F) a center of excellence recognized under 

16 section 1673 of the Food, Agriculture, Con17 servation, and Trade Act of 1990 (7 U.S.C. 

18 5926). 

19 (2) HIGHER-WELFARE TRANSPORT.—The term 

20 ‘‘higher-welfare transport’’ means the handling, 

21 loading, and transport mechanisms by which live22 stock and poultry are transported, at any time, 

23 which take into account animal welfare and species24 specific requirements to ensure that— 


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1 (A) animal welfare is maintained through2 out transport; and 

3 (B) animals are spared unnecessary dis4 tress or injury. 

5 (b) GRANT PROGRAM.—The Secretary shall establish 

6 a program to provide grants to eligible research institu7 tions to study higher-welfare transport. 

8 (c) APPLICATIONS.—To be eligible for a grant under 

9 this section, an eligible research institution shall submit 

10 to the Secretary an application at such time, in such man11 ner, and containing such information as the Secretary may 

12 require. 

13 (d) REQUIREMENTS.—In carrying out the program 

14 established under subsection (b), the Secretary shall en15 sure that none of the grant funding may be used to per16 form any experiment that would not comply with current 

17 transport law. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary to carry 

20 out this section $50,000,000 for each of fiscal years 2023 

21 through 2025. 


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1 Subtitle B—Nonambulatory 

2 Livestock 

3 SEC. 321. UNLAWFUL SLAUGHTER PRACTICES INVOLVING 

4 NONAMBULATORY LIVESTOCK. 

5 (a) IN GENERAL.—Public Law 85–765 (commonly 

6 known as the ‘‘Humane Methods of Slaughter Act of 

7 1958’’) is amended by inserting after section 2 (7 U.S.C. 

8 1902) the following: 

9 ‘‘SEC. 3. NONAMBULATORY LIVESTOCK. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) COVERED ENTITY.—The term ‘covered en12 tity’ means— 

13 ‘‘(A) a stockyard; 

14 ‘‘(B) a market agency; 

15 ‘‘(C) a packer (as defined in section 201 of 

16 the Packers and Stockyards Act, 1921 (7 

17 U.S.C. 191)); 

18 ‘‘(D) a dealer (as defined in section 301 of 

19 the Packers and Stockyards Act, 1921 (7 

20 U.S.C. 201)); 

21 ‘‘(E) a slaughter facility; and 

22 ‘‘(F) an establishment. 

23 ‘‘(2) ESTABLISHMENT.—The term ‘establish24 ment’ means an establishment that is subject to inVerDate Sep 11 2014 05:05 Nov 30, 2022 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S5138.IS S5138

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1 spection pursuant to the Federal Meat Inspection 

2 Act (21 U.S.C. 601 et seq.). 

3 ‘‘(3) HUMANELY EUTHANIZE.—The term ‘hu4 manely euthanize’ means to immediately render an 

5 animal unconscious by mechanical, chemical, or 

6 other means, with the unconscious state remaining 

7 until the death of the animal. 

8 ‘‘(4) NONAMBULATORY LIVESTOCK.—The term 

9 ‘nonambulatory livestock’ means any cattle, sheep, 

10 swine, goats, or horses, mules, or other equines who 

11 cannot stand or walk unassisted. 

12 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of Agriculture. 

14 ‘‘(b) HUMANE TREATMENT, HANDLING, AND DIS15 POSITION.—The Secretary shall promulgate regulations to 

16 provide for the humane treatment, handling, and disposi17 tion of all nonambulatory livestock by covered entities, in18 cluding requirements for covered entities— 

19 ‘‘(1) to immediately humanely euthanize non20 ambulatory livestock when the livestock becomes 

21 nonambulatory livestock, subject to subsection (c); 

22 and 

23 ‘‘(2)(A) to have written policies and procedures 

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1 mane handling, euthanization, and disposition of all 

2 nonambulatory livestock; 

3 ‘‘(B) to maintain records of all nonambulatory 

4 livestock; and 

5 ‘‘(C) to electronically submit those written poli6 cies and procedures and records to the Adminis7 trator of the Food Safety and Inspection Service. 

8 ‘‘(c) HUMANE EUTHANASIA.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall pro10 mulgate regulations specifying— 

11 ‘‘(A) the methods of euthanasia that shall 

12 be acceptable for the humane disposition of 

13 nonambulatory livestock required under the reg14 ulations promulgated under subsection (b); and 

15 ‘‘(B) processes for ensuring effective en16 forcement of the use of those methods. 

17 ‘‘(2) DISEASE TESTING.—The regulations pro18 mulgated under subsection (b) shall not limit the 

19 ability of the Secretary to test nonambulatory live20 stock for a disease. 

21 ‘‘(d) TRANSACTING OR PROCESSING.—A covered en22 tity shall not— 

23 ‘‘(1) buy or sell a nonambulatory animal; or 

24 ‘‘(2) process, butcher, or sell meat or products 

25 of nonambulatory livestock. 


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1 ‘‘(e) RECORDS.—The Administrator of the Food 

2 Safety and Inspection Service shall maintain all docu3 ments submitted by covered entities pursuant to the regu4 lations under subsection (b).’’. 

5 (b) INSPECTION OF NONAMBULATORY LIVESTOCK; 

6 LABELING.—Section 6 of the Federal Meat Inspection Act 

7 (21 U.S.C. 606) is amended by adding at the end the fol8 lowing: 

9 ‘‘(c) INSPECTION OF NONAMBULATORY LIVESTOCK; 

10 LABELING.— 

11 ‘‘(1) DEFINITION OF NONAMBULATORY LIVE12 STOCK.—In this subsection, the term ‘non13 ambulatory livestock’ means any cattle, sheep, swine, 

14 goats, or horses, mules, or other equines who cannot 

15 stand or walk unassisted. 

16 ‘‘(2) INSPECTION.—It shall be unlawful for an 

17 inspector at an establishment subject to inspection 

18 under this Act to pass through inspection any non19 ambulatory livestock or carcass (including parts of a 

20 carcass) of nonambulatory livestock. 

21 ‘‘(3) LABELING.—An inspector or other em22 ployee of an establishment described in paragraph 

23 (2) shall label, mark, stamp, or tag as ‘inspected 

24 and condemned’ any carcass (including parts of a 

25 carcass) of nonambulatory livestock.’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by subsections (a) 

4 and (b) shall take effect on the date that is 1 year 

5 after the date of enactment of this Act. 

6 (2) REGULATIONS.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary 

8 shall promulgate final regulations to implement the 

9 amendments made by subsections (a) and (b). 

10 SEC. 322. UNLAWFUL USE OF DRUGS CONTRIBUTING TO 

11 NONAMBULATORY CONDITIONS. 

12 The Animal Health Protection Act is amended by in13 serting after section 10409A (7 U.S.C. 8308a) the fol14 lowing: 

15 ‘‘SEC. 10409B. UNLAWFUL USE OF DRUGS ON CERTAIN ANI16 MALS. 

17 ‘‘Any use of a beta-agonist drug, including 

18 ractopamine, zilpaterol, and lubabegron, in an animal in 

19 the absence of disease, including use for growth promotion 

20 or feed efficiency, is prohibited.’’. 

21 SEC. 323. INCLUSION OF POULTRY IN HUMANE METHODS 

22 OF SLAUGHTER ACT. 

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 adding 


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1 ‘‘and poultry’’ after the term ‘‘livestock’’ each place it ap2 pears, except as provided in subsection (b). 

3 (b) OTHER CONFORMING AMENDMENT.—Section 

4 2(a) of Public Law 85–765 (commonly known as the ‘‘Hu5 mane Methods of Slaughter Act of 1958’’) (7 U.S.C. 

6 1902) is amended by striking ‘‘and other livestock,’’ and 

7 inserting ‘‘other livestock, and poultry’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 subsections (a) and (b) shall take effect on the date that 

10 is 10 years after the date of enactment of this Act. 

11 Subtitle C—Inspections 

12 SEC. 331. DEFINITIONS. 

13 In this subtitle: 

14 (1) COVERED ESTABLISHMENT.—The term 

15 ‘‘covered establishment’’ means— 

16 (A) an official establishment (as defined in 

17 section 301.2 of title 9, Code of Federal Regu18 lations (or successor regulations)) that is sub19 ject to inspection under the Federal Meat In20 spection Act (21 U.S.C. 601 et seq.); and 

21 (B) an official establishment (as defined in 

22 section 381.1 of title 9, Code of Federal Regu23 lations (or successor regulations)) that is sub24 ject to inspection under the Poultry Products 

25 Inspection Act (21 U.S.C. 451 et seq.). 


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1 (2) EMPLOYEE.—The term ‘‘employee’’ has the 

2 meaning given the term in section 3 of the Occupa3 tional Safety and Health Act of 1970 (29 U.S.C. 

4 652). 

5 SEC. 332. ENDING DANGEROUS HIGHER-SPEED SLAUGHTER 

6 AND SELF-INSPECTION SYSTEMS. 

7 (a) DEFINITION OF COVERED PROGRAM.— 

8 (1) IN GENERAL.—The term ‘‘covered pro9 gram’’ means any waiver, program, or regulation 

10 that— 

11 (A) allows covered establishments to oper12 ate at slaughter speeds that exceed existing lim13 its required by regulations of the Department 

14 of Agriculture as of the date of enactment of 

15 this Act; 

16 (B) reduces the number of Federal inspec17 tors in covered establishments; or 

18 (C) replaces Federal inspectors at covered 

19 establishments with employees of the covered 

20 establishments for purposes of inspection. 

21 (2) INCLUSIONS.—The term ‘‘covered program’’ 

22 includes— 

23 (A) the New Swine Slaughter Inspection 

24 System described in the final rule entitled 


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1 ‘‘Modernization of Swine Slaughter Inspection’’ 

2 (84 Fed. Reg. 52300 (October 1, 2019)); 

3 (B) the New Poultry Inspection System 

4 described in the final rule entitled ‘‘Moderniza5 tion of Poultry Slaughter Inspection’’ (79 Fed. 

6 Reg. 49566 (August 21, 2014)); and 

7 (C) any waiver issued under an inspection 

8 system described in subparagraph (A) or (B). 

9 (b) TERMINATION OF COVERED PROGRAMS.—The 

10 Secretary, acting through the Administrator of the Food 

11 Safety and Inspection Service, shall terminate or suspend 

12 implementation of or conversion to, as applicable, all cov13 ered programs. 

14 SEC. 333. FUNDING FOR ADDITIONAL OSHA INSPECTORS. 

15 There is authorized to be appropriated $60,000,000 

16 for each of fiscal years 2023 through 2032 for the hiring 

17 of additional inspectors to carry out inspections under sec18 tion 8 of the Occupational Safety and Health Act of 1970 

19 (29 U.S.C. 657) in covered establishments. 

20 SEC. 334. FUNDING FOR ADDITIONAL FSIS INSPECTORS. 

21 (a) IN GENERAL.—There is authorized to be appro22 priated to the Secretary $50,000,000 for each of fiscal 

23 years 2023 through 2032 to hire additional full-time 

24 equivalent positions within the Food Safety and Inspection 

25 Service relating to inspections conduced pursuant to, and 


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50 

•S 5138 IS

1 the enforcement of, Public Law 85–765 (commonly known 

2 as the ‘‘Humane Methods of Slaughter Act of 1958’’) (7 

3 U.S.C. 1901 et seq.). 

4 (b) PRIORITY FOR HIRING.—In carrying out sub5 section (a), priority shall be given to hiring personnel— 

6 (1) to inspect processing facilities (as described 

7 by the term ‘‘eligible facility’’ in section 764 of divi8 sion N of the Consolidated Appropriations Act, 2021 

9 (21 U.S.C. 473)); and 

10 (2) in regions with the highest number of va11 cancies within the Food Safety and Inspection Serv12 ice. 

Æ 


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