I 

118TH CONGRESS 

1ST SESSION H. R. 805 

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

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. MCGOVERN (for himself, Mr. BLUMENAUER, Ms. MENG, Ms. NORTON, 

Mrs. HAYES, Mr. KRISHNAMOORTHI, and Mr. KHANNA) introduced the 

following bill; which was referred to the Committee on Agriculture, and 

in addition to the Committees on Transportation and Infrastructure, and 

Education and the Workforce, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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 2023’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

Sec. 3. Findings. 

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. 


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1 SEC. 3. FINDINGS. 

2 Congress finds that— 

3 (1) factory farms owned or controlled by indus4 trial operators— 

5 (A) lack systemic resilience; 

6 (B) present significant risks, particularly 

7 in the event of a disaster; and 

8 (C) negatively impact— 

9 (i) farmed animals, who suffer tre10 mendously from cruel depopulation meth11 ods and without meaningful disaster miti12 gation efforts; 

13 (ii) meat and poultry processing work14 ers, who are subjected to exploitative con15 ditions and abusive behavior by employers 

16 in depopulation situations— 

17 (I) including— 

18 (aa) being required to spend 

19 long hours, over days or weeks, 

20 mass-killing farmed animals; and 

21 (bb) being terminated fol22 lowing the completion of a de23 population event, without finan24 cial support; and 


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1 (II) that lead to long-term psy2 chological impacts, including increased 

3 feelings of anger and stress; and 

4 (iii) neighboring communities and the 

5 environment, including through— 

6 (I) flood waters overrunning ma7 nure lagoons resulting in ecological 

8 degradation in the form of soil, sur9 face, and groundwater contamination; 

10 (II) algae blooms; and 

11 (III) wildlife population crashes; 

12 (2)(A) since 2019, more than 60,000,000 poul13 try and 10,000,000 swine have been depopulated; 

14 and 

15 (B) those massive cullings are often conducted 

16 using incredibly inhumane practices including ven17 tilation shutdown, ventilation shutdown plus, sodium 

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

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

20 (3) since 2019, industrial operators put slaugh21 terhouse workers in jeopardy and cost taxpayers mil22 lions of dollars; 

23 (4) industrial operators continue to experience 

24 record profits, including a 300-percent growth in 

25 profits during the COVID–19 pandemic; 


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1 (5) industrial operators have created a system 

2 that allows for the inhumane handling of non3 ambulatory livestock (as defined in section 3(a) of 

4 Public Law 85–765 (commonly known as the ‘‘Hu5 mane Methods of Slaughter Act of 1958’’)) that 

6 causes needless suffering, unsafe working conditions, 

7 and the spread of foodborne and zoonotic diseases; 

8 (6) industrial operators have abused the use of 

9 certain drugs that increase the risk of livestock be10 coming nonambulatory livestock (as so defined); 

11 (7) slaughterhouse deregulation and decreased 

12 Federal oversight of meat and poultry slaughter pose 

13 significant risks to workers, consumers, and animals; 

14 (8) Federal humane slaughter laws currently 

15 exempt 98 percent of animals slaughtered for food; 

16 (9) current Federal animal transport laws are 

17 ineffective and inherently cruel; and 

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

19 playing field for farmers engaged in higher-welfare 

20 practices who are struggling to compete in a highly 

21 monopolized market controlled by industrial opera22 tors. 


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1 TITLE I—HIGH-RISK AFO DIS2 ASTER MITIGATION AND EN3 FORCEMENT 

4 SEC. 101. DEFINITIONS. 

5 In this title: 

6 (1) ANIMAL FEEDING OPERATION; AFO.— 

7 (A) IN GENERAL.—The term ‘‘animal feed8 ing operation’’ or ‘‘AFO’’ means a single lot or 

9 facility at which— 

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

11 in any 12-month period, animals (other 

12 than aquatic animals) are— 

13 (I) stabled or confined; and 

14 (II) fed or maintained; and 

15 (ii) crops, vegetation, forage growth, 

16 or postharvest residues are not sustained 

17 in the normal growing season over any por18 tion of the lot or facility. 

19 (B) MULTIPLE LOTS.—For purposes of 

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

21 described in that subparagraph shall be consid22 ered to be a single animal feeding operation if 

23 the lots or facilities— 

24 (i) are located within 3 miles of each 

25 other; and 


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1 (ii) are under common ownership or 

2 control. 

3 (C) EXCLUSION.—The term ‘‘animal feed4 ing operation’’ or ‘‘AFO’’ does not include a 

5 pasture-based livestock or poultry production 

6 system in which animals— 

7 (i) are primarily raised on pasture, 

8 grassland, or other vegetative environ9 ments; 

10 (ii) have the ability to exercise spe11 cies-specific natural behaviors; and 

12 (iii) have access to appropriate shel13 ter, healthy vegetation, potable water, and 

14 adequate protection from predators. 

15 (2) COVERED INDUSTRIAL OPERATOR.—The 

16 term ‘‘covered industrial operator’’ means an indi17 vidual or entity that owns or controls not less than 

18 the following number of livestock or poultry, as ap19 plicable, that are housed in an AFO at a single point 

20 in time: 

21 (A) 2,500 swine. 

22 (B) 30,000 turkeys or ducks. 

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


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

2 means the rapid destruction of a population of ani3 mals in response to urgent circumstances. 

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

5 event’’ means— 

6 (A) a public health emergency declared by 

7 the Secretary of Health and Human Services 

8 under section 319 of the Public Health Service 

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

10 (B) a major disaster declared by the Presi11 dent under section 401 of the Robert T. Staf12 ford Disaster Relief and Emergency Assistance 

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

14 (C) a disaster designated by the Secretary 

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

16 Regulations (or successor regulations); and 

17 (D) a quarantine designated by the Sec18 retary pursuant to the Plant Protection Act (7 

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

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

21 AFO’’ means an AFO that houses livestock or poul22 try owned or controlled by a covered industrial oper23 ator. 


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1 (6) OFFICE.—The term ‘‘Office’’ means the Of2 fice of High-Risk AFO Disaster Mitigation and En3 forcement established under section 111. 

4 Subtitle A—Department of 

5 Agriculture 

6 SEC. 111. OFFICE OF HIGH-RISK AFO DISASTER MITIGA7 TION AND ENFORCEMENT. 

8 The Secretary shall establish an office within the De9 partment of Agriculture, to be known as the ‘‘Office of 

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

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

12 112 through 115. 

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

14 (a) REGISTRATION REQUIREMENT.— 

15 (1) IN GENERAL.—A covered industrial oper16 ator shall be required to register with the Office 

17 prior to selling, buying, or transferring livestock, 

18 poultry, or any product derived from livestock or 

19 poultry across State lines. 

20 (2) INFORMATION.—In registering with the Of21 fice under paragraph (1), a covered industrial oper22 ator shall submit to the Office— 

23 (A) identifying information about the cov24 ered industrial operator, including the location, 

25 animal type, and peak inventory animal totals 


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1 for all high-risk AFOs owned or controlled by 

2 the covered industrial operator; and 

3 (B) a standard disaster mitigation plan 

4 that includes— 

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

6 and extent of all potential disaster events 

7 that can affect livestock or poultry housed 

8 in a high-risk AFO, including information 

9 on previous occurrences of disaster events 

10 and the probability of future disaster 

11 events; 

12 (ii) a plan to ensure that animals do 

13 not go without necessary resources such as 

14 shelter, food, and water during an extreme 

15 weather event; 

16 (iii) a plan to increase flexibility and 

17 resiliency, including— 

18 (I) identifying ways to house ani19 mals past their intended slaughter 

20 date; and 

21 (II) alternative slaughter and 

22 processing arrangements, including 

23 contracting with small-scale Depart24 ment of Agriculture, State-certified, 

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1 pacity, in the event of supply chain 

2 disruptions; 

3 (iv) a plan for accessing necessary re4 sources, personal protective equipment, 

5 and labor to carry out depopulation in 

6 ways that most rapidly render animals un7 conscious in the event that depopulation is 

8 unavoidable; 

9 (v) a plan for disposal of any deceased 

10 animals that— 

11 (I) satisfies requirements under 

12 all relevant Federal, State, and local 

13 environmental and public health laws; 

14 and 

15 (II) does not rely on unlined bur16 ial or onsite incineration; and 

17 (vi) other information, as determined 

18 appropriate by the Secretary. 

19 (3) ANNUAL SUBMISSION.—A covered industrial 

20 operator that is registered with the Office pursuant 

21 to this subsection shall submit to the Office the in22 formation described in paragraph (2) on an annual 

23 basis. 

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

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1 ard disaster mitigation plan described in paragraph 

2 (2)(B), use any Federal funds, including funds pro3 vided under the environmental quality incentive pro4 gram under subchapter A of chapter 4 of subtitle D 

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

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

7 (b) DISASTER MITIGATION MAINTENANCE FEE.— 

8 (1) IN GENERAL.—A covered industrial oper9 ator registered under subsection (a) shall pay to the 

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

11 each high-risk AFO owned or controlled by the cov12 ered industrial operator. 

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

14 the fee required under paragraph (1)— 

15 (A) shall be determined by the Secretary in 

16 a manner that will ensure that the total amount 

17 of fees collected for each fiscal year shall suffi18 ciently fund the activities of the Office for that 

19 fiscal year; but 

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

21 unit (as defined by the Administrator of the 

22 Environmental Protection Agency) for each fis23 cal year. 

24 (3) RESTRICTION.—A covered industrial oper25 ator may not reduce wages or grower payments in 


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1 order to derive the amount of the fee required under 

2 paragraph (1). 

3 (c) HIGH-RISK AFO DISASTER MITIGATION AND EN4 FORCEMENT FUND.— 

5 (1) ESTABLISHMENT.—There is established in 

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

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

8 and Enforcement Fund’’ (referred to in this sub9 section as the ‘‘Fund’’). 

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

11 fees collected by the Office under subsection (b) 

12 shall be deposited in the Fund and made available 

13 to the Secretary, without fiscal year limitation, to 

14 offset costs relating to— 

15 (A) the administrative costs associated 

16 with operating the Office and technical assist17 ance offered by staff of the Office; 

18 (B) creating the national stockpile pursu19 ant to section 114(c)(2); 

20 (C) enforcement actions against covered 

21 industrial operators that do not comply with 

22 this subtitle; and 

23 (D) any other activities determined by the 

24 Secretary. 


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1 SEC. 113. COVERED INDUSTRIAL OPERATOR RESPONSIBIL2 ITIES AND LIABILITIES. 

3 A covered industrial operator shall be responsible and 

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

5 controlled by the covered industrial operator, all costs as6 sociated with activities related to disaster events or de7 population of livestock or poultry, including— 

8 (1) procuring resources for depopulation of live9 stock or poultry, including from the national stock10 pile described in section 114(c)(2); 

11 (2) disposal of deceased animals that— 

12 (A) satisfies requirements under all rel13 evant Federal, State, and local environmental 

14 and public health laws; and 

15 (B) does not rely on unlined burial or on16 site incineration; 

17 (3) compensation for contract growers and 

18 workers, as provided in subtitle B; 

19 (4) compensation for any adverse health im20 pacts, property value diminution, and loss of use and 

21 enjoyment of property suffered by neighboring resi22 dents of the high-risk AFO; and 

23 (5) other costs determined by the Secretary. 

24 SEC. 114. RESTRICTION ON CERTAIN METHODS OF DE25 POPULATION. 

26 (a) DEFINITIONS.—In this section: 


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1 (1) RESTRICTED PRACTICE.—The term ‘‘re2 stricted practice’’ means— 

3 (A) sodium nitrite poisoning; 

4 (B) ventilation shutdown; 

5 (C) ventilation shutdown plus; 

6 (D) water-based foaming; and 

7 (E) any other method identified by the 

8 Secretary. 

9 (2) SODIUM NITRITE POISONING.—The term 

10 ‘‘sodium nitrite poisoning’’ means a method of ani11 mal depopulation that involves feeding the toxic sub12 stance sodium nitrite to animals, causing changes to 

13 the blood that prevent delivery of oxygen to tissues 

14 and result in prolonged respiratory distress prior to 

15 loss of consciousness. 

16 (3) VENTILATION SHUTDOWN.—The term ‘‘ven17 tilation shutdown’’ means a method of animal de18 population that involves sealing a building in which 

19 animals are confined, shutting inlets, and turning off 

20 fans in order to raise the temperature in the build21 ing until the animals die from hyperthermia or hy22 poxia, including ventilation shutdown plus. 

23 (4) VENTILATION SHUTDOWN PLUS.—The term 

24 ‘‘ventilation shutdown plus’’ means a ventilation 


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1 shutdown method that involves the use of additional 

2 heat or humidity. 

3 (5) WATER-BASED FOAMING.—The term 

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

5 depopulation that involves pumping foam con6 centrate combined with water into a building in 

7 which animals are confined until the animals die 

8 from hypoxia. 

9 (b) RESTRICTIONS; CIVIL PENALTY.—Notwith10 standing any other provision of law, beginning 1 year after 

11 the date of enactment of this Act, a covered industrial op12 erator that uses 1 or more restricted practices for any 

13 event of depopulation of livestock or poultry on a high14 risk AFO owned or controlled by the covered industrial 

15 operator, as determined by the Office— 

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

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

18 (2) shall not be eligible for inspection of any fa19 cility owned or controlled by the covered industrial 

20 operator pursuant to the Federal Meat Inspection 

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

22 Inspection Act (21 U.S.C. 451 et seq.), as applica23 ble, for a period of 10 years beginning on that date; 

24 and 


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

2 $1,000 per animal per act of depopulation, with con3 sideration given to the appropriateness of the pen4 alty with respect to the gravity of the violation and 

5 the good faith of the covered industrial operator. 

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

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

8 shall issue a final rule— 

9 (1) to establish depopulation standards that 

10 rapidly induce unconsciousness and death with mini11 mal pain and distress; and 

12 (2) to coordinate a national stockpile of re13 sources— 

14 (A) to carry out depopulation activities 

15 during a disaster event in a way that rapidly in16 duces unconsciousness and death of the animals 

17 with minimal pain and distress; and 

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

19 Disaster Mitigation and Enforcement Fund es20 tablished by section 112(c)(1). 

21 SEC. 115. REPORTS. 

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

23 business days after completing any depopulation of any 

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1 quiring such depopulation shall submit to the Secretary 

2 a report on that depopulation instance that specifies— 

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

4 at which, the depopulation and disposal of the ani5 mals occurred; 

6 (2) the total number, species, breed, and in7 tended product of the depopulated animals; 

8 (3) the depopulation and disposal methods uti9 lized; 

10 (4) any monitoring, testing, or sampling pro11 tocol put in place to monitor releases of environ12 mental contaminants from the disposal location; 

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

14 from the national stockpile established pursuant to 

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

16 (6) documentation of compliance or noncompli17 ance with the standard disaster mitigation plan de18 scribed in section 112(a)(2)(B) of the covered indus19 trial operator; and 

20 (7) the cost associated with the depopulation 

21 and disposal, including labor. 

22 (b) PUBLICLY SEARCHABLE DATABASE.—The Sec23 retary, acting through the Office, shall develop and make 

24 publicly available an electronically searchable and sortable 

25 online database that contains information— 


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

2 (2) submitted by covered industrial operators 

3 registering under section 112. 

4 SEC. 116. CIVIL ACTIONS. 

5 (a) IN GENERAL.—Any person may— 

6 (1) bring a civil action against a covered indus7 trial operator or the Secretary in an appropriate 

8 court to redress any violation of this subtitle or any 

9 other law relating to the activities described in this 

10 subtitle; and 

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

12 including equitable relief and compensatory dam13 ages. 

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

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

16 to a prevailing plaintiff in a civil action described in sub17 section (a). 

18 Subtitle B—Department of Labor 

19 SEC. 121. DEFINITIONS. 

20 In this subtitle: 

21 (1) AFFECTED CONTRACT GROWER.—The term 

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

23 AFO— 

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1 ment, or other arrangement, with a covered in2 dustrial operator; and 

3 (B) whose AFO is impacted by a disaster 

4 mitigation event. 

5 (2) AFFECTED CONTRACTOR.—The term ‘‘af6 fected contractor’’ means an individual or entity that 

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

8 industrial operator with a worker to perform labor 

9 directly or indirectly related to a disaster mitigation 

10 event. 

11 (3) COVERED WORKER.— 

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

13 worker’’— 

14 (i) means an employee who performs 

15 labor in connection with a disaster mitiga16 tion event for a covered industrial oper17 ator; and 

18 (ii) includes any employee of an af19 fected contract grower, or of another af20 fected contractor, of a covered industrial 

21 operator. 

22 (B) ADDITIONAL TERMS.—In this para23 graph, the term ‘‘employee’’ means an indi24 vidual performing any labor for a covered in25 dustrial operator, including through an affected 


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1 contract grower or other affected contractor, 

2 unless— 

3 (i) the individual is free from control 

4 and direction in connection with the per5 formance of the labor, both under the con6 tract for the performance of labor and in 

7 fact; 

8 (ii) the labor is performed outside the 

9 usual course of the business of the covered 

10 industrial operator; and 

11 (iii) the individual is customarily en12 gaged in an independently established 

13 trade, occupation, profession, or business 

14 of the same nature as that involved in the 

15 labor performed. 

16 (4) DISASTER MITIGATION EVENT.—The term 

17 ‘‘disaster mitigation event’’ means a disaster event 

18 affecting a covered industrial operator that triggers 

19 activities described in the disaster mitigation plan 

20 submitted by the covered industrial operator under 

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


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1 SEC. 122. MINIMUM LABOR STANDARDS FOR COVERED 

2 WORKERS AND AFFECTED CONTRACT GROW3 ERS. 

4 (a) APPLICABILITY.—A covered industrial operator 

5 that employs or contracts with covered workers, affected 

6 contract growers, or other affected contractors related to 

7 a disaster mitigation event shall comply with the labor 

8 standards described in subsection (b). 

9 (b) LABOR STANDARDS.—The labor standards de10 scribed in this subsection are the following: 

11 (1) WHISTLEBLOWER PROTECTIONS.—A cov12 ered industrial operator shall not discharge, cause to 

13 be discharged, or in any other manner discriminate 

14 against any covered worker or affected contract 

15 grower because such covered worker or affected con16 tract grower— 

17 (A) has filed any complaint or instituted or 

18 caused to be instituted any proceeding under or 

19 related to this section; or 

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

21 any such proceeding. 

22 (2) HEALTH INSURANCE REQUIREMENT.—Dur23 ing a disaster mitigation event and for a period of 

24 not less than 2 years following the disaster mitiga25 tion event, the covered industrial operator shall offer 

26 each covered worker and affected contract grower of 


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1 the covered industrial operator a health plan that 

2 provides coverage that is at least equivalent to cov3 erage provided by an essential health benefits pack4 age (as defined in subsection (a) of section 1302 of 

5 the Patient Protection and Affordable Care Act (42 

6 U.S.C. 18022)) at the silver level of coverage (as de7 fined in subsection (d)(1)(B) of such section), re8 gardless of their employment status or contract with 

9 the covered industrial operator. Such covered indus10 trial operator shall pay the full premium amount for 

11 such health plan for each such covered worker or af12 fected contract grower who elects to enroll in such 

13 plan. 

14 (3) SEVERANCE PAY FOR COVERED WORK15 ERS.—In the case of a disaster mitigation event, the 

16 covered industrial operator shall provide any covered 

17 worker terminated by the covered industrial oper18 ator, or by an affected contract grower or other af19 fected contractor of the covered industrial operator 

20 impacted by the disaster mitigation event, during 

21 the 60-day period following the disaster mitigation 

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

23 rate equal to the average weekly earnings of the cov24 ered worker during the disaster mitigation event. 


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1 (4) LOST REVENUE FOR AFFECTED CONTRACT

2 GROWERS.—In any case in which a covered indus3 trial operator terminates the contract of an affected 

4 contract grower following a disaster mitigation 

5 event, the covered industrial operator shall provide 

6 an amount of lost revenue to the affected contract 

7 grower equal to the affected contract grower’s rev8 enue from the covered operator during the preceding 

9 180 days. 

10 (c) ENFORCEMENT BY THE SECRETARY OF

11 LABOR.— 

12 (1) GENERAL AUTHORITY.—The Secretary of 

13 Labor shall receive, investigate, and attempt to re14 solve complaints of violations of this section in the 

15 same manner that the Secretary of Labor receives, 

16 investigates, and attempts to resolve complaints of 

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

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

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

20 to supervise payment of wages and compensation 

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

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

23 may assess a civil penalty against a covered indus24 trial operator that violates any provision of this sec25 tion. 


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1 (3) MONITORING COMPLIANCE.—Not later than 

2 90 days after the date of enactment of this Act, the 

3 Secretary of Labor shall— 

4 (A) develop a process to monitor compli5 ance with the standards under this section that 

6 requires covered industrial operators to provide 

7 information to demonstrate such compliance; 

8 and 

9 (B) issue rules to determine penalties for 

10 noncompliance with this section. 

11 (4) NOTIFICATION OF OFFICE.—The Secretary 

12 of Labor shall notify the Office of any covered in13 dustrial operator that is determined to be non14 compliant with the requirements of this section. 

15 (d) RIGHT OF ACTION FOR VIOLATIONS.— 

16 (1) PRIVATE RIGHT OF ACTION FOR VIOLA17 TIONS.—An action to recover damages or obtain re18 lief prescribed in paragraph (2) may be maintained 

19 against any covered industrial operator in any Fed20 eral or State court of competent jurisdiction by 1 or 

21 more covered workers or affected contract growers 

22 for and on behalf of themselves and other similarly 

23 situated covered workers or affected contract grow24 ers. 

25 (2) LIABILITY.— 


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1 (A) IN GENERAL.—A covered industrial 

2 operator who violates this section shall be liable 

3 to each covered worker or affected contract 

4 grower that is aggrieved by the violation for— 

5 (i) damages in the amount of unpaid 

6 wages, salary, overtime compensation, or 

7 other compensation denied or lost by rea8 son of the violation; and 

9 (ii) an additional equal amount as liq10 uidated damages. 

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

12 civil action brought under paragraph (1) in 

13 which the plaintiff prevails, the court shall 

14 award the plaintiff reasonable attorney’s fees 

15 and costs of the action. 

16 (3) ENFORCEMENT BY THE SECRETARY OF

17 LABOR.—The Secretary of Labor may bring an ac18 tion in any court of competent jurisdiction to recover 

19 damages or obtain relief described in paragraph (2) 

20 on behalf of a covered worker or affected contract 

21 grower aggrieved by a violation of this section. 

22 SEC. 123. PROHIBITION ON THE USE OF INCARCERATED 

23 WORKERS. 

24 Notwithstanding any other provision of law, a covered 

25 industrial operator that the Secretary of Labor determines 


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

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

3 to perform labor related to a disaster mitigation event 

4 shall not be eligible for— 

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

6 years beginning on the date of the determination; 

7 and 

8 (2) inspection of any facility owned or con9 trolled by the covered industrial operator pursuant 

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

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

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

13 years beginning on that date. 

14 TITLE II—GRANT AND PILOT 

15 PROGRAMS 

16 SEC. 201. DEFINITIONS. 

17 In this title: 

18 (1) CONTROLLED-ATMOSPHERE STUNNING.— 

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

20 rendering poultry unconscious through exposure to a 

21 mixture of gas (nitrogen and argon or concentra22 tions of carbon dioxide) before slaughter. 

23 (2) ELIGIBLE PROCESSING FACILITY.—The 

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

25 facility described in section 764 of division N of the 


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

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

3 (3) LABOR PEACE AGREEMENT.—The term 

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

5 (A) between an employer and a labor orga6 nization that represents, or is actively seeking 

7 to represent as of the date on which the labor 

8 peace agreement is entered, the employees of 

9 the employer; and 

10 (B) under which such employer and such 

11 labor organization agree that— 

12 (i) the employer will not— 

13 (I) hinder any effort of an em14 ployee to join a labor organization; or 

15 (II) take any action that directly 

16 or indirectly indicates or implies any 

17 opposition to an employee joining a 

18 labor organization; 

19 (ii) the labor organization will refrain 

20 from picketing, work stoppages, or boy21 cotts against the employer; 

22 (iii) the employer will— 

23 (I) provide the labor organization 

24 with employee contact information; 

25 and 


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1 (II) facilitate or permit labor or2 ganization access to employees at the 

3 workplace, including facilitating or 

4 permitting the labor organization to 

5 meet with employees to discuss joining 

6 the labor organization; and 

7 (iv) the employer will, upon the re8 quest of the labor organization, recognize 

9 the labor organization as the bargaining 

10 representative of the employees if a major11 ity of the employees choose the labor orga12 nization as their bargaining representative. 

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

14 ‘‘live-shackle slaughter’’ means the method of stun15 ning poultry before slaughter by shackling the poul16 try upside down by their legs and moving the poul17 try through electrified baths meant to render the 

18 poultry unconscious. 

19 SEC. 202. CONTROLLED-ATMOSPHERE STUNNING TRANSI20 TION PROGRAM. 

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

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

23 a transition program to award grants to eligible processing 

24 facilities that process poultry to transition from live-shack25 le slaughter to controlled-atmosphere stunning. 


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

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

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

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

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

6 packer that owns more than 10 percent of the market 

7 share of meat and poultry markets. 

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

9 funds in the Treasury not otherwise appropriated, 

10 $750,000,000 to the Secretary to carry out this section. 

11 SEC. 203. PILOT PROGRAM FOR INCREASED ACCESSIBILITY 

12 TO INSPECTION AND TECHNICAL ASSIST13 ANCE FOR ELIGIBLE PROCESSING FACILI14 TIES. 

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

16 5-year pilot program within the Meat and Poultry Inspec17 tion Division of the Food Safety and Inspection Service— 

18 (1) to expand the availability of processing in19 spectors, technical assistance, and onsite inspection 

20 for eligible processing facilities, including no-cost 

21 overtime inspections; and 

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

23 and technical assistance providers. 

24 (b) PROFESSIONAL EXPERIENCE.—The Secretary 

25 shall determine the appropriate professional experience of 


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

2 which shall include individuals with expertise in veterinary 

3 medicine, public health, food service management, and 

4 animal science, as applicable. 

5 (c) FUNDING.—There is authorized to be appro6 priated to the Secretary not less than $50,000,000 to 

7 carry out this section. 

8 TITLE III—HUMANE HANDLING 

9 REFORMS 

10 Subtitle A—Transport 

11 SEC. 311. TRANSPORTATION OF LIVESTOCK AND POULTRY. 

12 (a) TRANSPORTATION LASTING MORE THAN 8 

13 HOURS.— 

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

15 United States Code, is amended— 

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

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

18 or possession,’’ and inserting ‘‘a covered pro19 vider of transportation’’; 

20 (B) in subsection (b)— 

21 (i) in paragraph (3), by striking ‘‘sub22 section (a) of this section’’ and inserting 

23 ‘‘subsection (b)’’; 

24 (ii) by redesignating paragraphs (1) 

25 through (3) as subparagraphs (A) through 


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1 (C), respectively, and indenting appro2 priately; 

3 (iii) in the matter preceding subpara4 graph (A) (as so redesignated), in the 

5 third sentence— 

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

7 and all that follows through ‘‘a ves8 sel’’ and inserting ‘‘the covered pro9 vider of transportation’’; and 

10 (II) by striking ‘‘When the ani11 mals’’ and inserting the following: 

12 ‘‘(3) RESPONSIBILITY OF COVERED PROVIDER

13 OF TRANSPORTATION.—When the animals’’; 

14 (iv) in the matter preceding para15 graph (3) (as so designated), in the second 

16 sentence, by striking ‘‘The owner’’ and in17 serting the following: 

18 ‘‘(2) RESPONSIBILITY OF OWNER OR PERSON

19 HAVING CUSTODY.—The owner’’; and 

20 (v) in the matter preceding paragraph 

21 (2) (as so designated), by striking ‘‘Ani22 mals being’’ and inserting the following: 

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

24 (C) in subsection (d)— 


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1 (i) in the second sentence, by striking 

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

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

4 (ii) in the first sentence, by striking 

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

6 through ‘‘a vessel’’ and inserting the fol7 lowing: 

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

9 transportation’’; 

10 (D) by redesignating subsections (a) 

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

12 respectively, and moving the subsections so as 

13 to appear in alphabetical order; 

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

15 so redesignated) the following: 

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

17 ‘‘(1) COVERED INDUSTRIAL OPERATOR.— 

18 ‘‘(A) IN GENERAL.—The term ‘covered in19 dustrial operator’ means an individual or entity 

20 that owns or controls a quantity of livestock or 

21 poultry that is not less than the quantity de22 scribed in subparagraph (B) for the applicable 

23 livestock or poultry. 

24 ‘‘(B) QUANTITY OF LIVESTOCK OR POUL25 TRY IN AFOS.—The quantity of livestock or 


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

2 more of the following quantities of livestock or 

3 poultry housed in 1 or more Animal Feeding 

4 Operations at a single point in time: 

5 ‘‘(i) 2,500 swine. 

6 ‘‘(ii) 30,000 turkeys or ducks. 

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

8 ‘‘(2) COVERED PROVIDER OF TRANSPOR9 TATION.— 

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

11 provider of transportation’ means an individual 

12 or entity described in subparagraph (B) that is 

13 transporting animals from a place in a State, 

14 the District of Columbia, or a territory or pos15 session of the United States through or to a 

16 place in another State, the District of Colum17 bia, or a territory or possession of the United 

18 States. 

19 ‘‘(B) INDIVIDUALS AND ENTITIES DE20 SCRIBED.—An individual or entity referred to 

21 in subparagraph (A) is— 

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

23 common carrier (except by air or water); 

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

25 carrier described in clause (i); or 


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

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

3 the Secretary of Agriculture.’’; and 

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

5 redesignated) the following: 

6 ‘‘(d) TRANSPORTATION LASTING MORE THAN 8 

7 HOURS.— 

8 ‘‘(1) IN GENERAL.—In any case in which ani9 mals are transported by a covered provider of trans10 portation on behalf of a covered industrial operator 

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

12 8 consecutive hours, the covered provider of trans13 portation transporting the animals shall ensure 

14 that— 

15 ‘‘(A) the means of transport provides ade16 quate protection of the animals from high 

17 winds, rain, and snow; 

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

19 with appropriate bedding or equivalent material 

20 that— 

21 ‘‘(i) prevents slipping; 

22 ‘‘(ii) ensures a level of comfort appro23 priate to— 

24 ‘‘(I) the species of the livestock 

25 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 2024 

21 through 2026. 


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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. 

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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 2024 through 2033 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 2024 through 2033 to hire additional full-time 

24 equivalent positions within the Food Safety and Inspection 

25 Service relating to inspections conducted pursuant to, and 


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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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