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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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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