69–006 

110TH CONGRESS REPT. 110–901 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

PREVENTION OF EQUINE CRUELTY ACT OF 2008 

SEPTEMBER 28, 2008.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 6598] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 6598) to amend title 18, United States Code, to prohibit certain conduct relating to the use of horses for human consumption, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 6 

Committee Votes ...................................................................................................... 6 

Committee Oversight Findings ............................................................................... 8 

New Budget Authority and Tax Expenditures ...................................................... 9 

Congressional Budget Office Cost Estimate .......................................................... 9 

Performance Goals and Objectives ......................................................................... 10 

Constitutional Authority Statement ...................................................................... 10 

Advisory on Earmarks ............................................................................................. 10 

Section-by-Section Analysis .................................................................................... 10 

Changes in Existing Law Made by the Bill, as Reported ..................................... 11 

Minority Views ......................................................................................................... 12 


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1 Horse ‘‘slaughter’’ is a term used to refer to the process of killing a horse for the purpose 

of human consumption. The horses are alive when they arrive at the slaughterhouse. Horse 

‘‘rendering’’ plants accept deceased horses, which are then processed for purposes other than 

human consumption. Horse rendering plants are legal and are not at issue here. 

THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Prevention of Equine Cruelty Act of 2008’’. 

SEC. 2. SLAUGHTER OF HORSES FOR HUMAN CONSUMPTION. 

(a) IN GENERAL.—Chapter 3 of title 18, United States Code, is amended by adding 

at the end the following: 

‘‘§ 50. Slaughter of horses for human consumption 

‘‘(a) Except as provided in subsection (b), whoever knowingly— 

‘‘(1) possesses, ships, transports, purchases, sells, delivers, or receives, in or 

affecting interstate commerce or foreign commerce, any horse with the intent 

that it is to be slaughtered for human consumption; or 

‘‘(2) possesses, ships, transports, purchases, sells, delivers, or receives, in or 

affecting interstate commerce or foreign commerce, any horse flesh or carcass 

or part of a carcass, with the intent that it is to be used for human consumption; 

shall be fined under this title or imprisoned not more than three years or both. 

‘‘(b) If— 

‘‘(1) the defendant engages in conduct that would otherwise constitute an offense under subsection (a); 

‘‘(2) the defendant has no prior conviction under this section; and 

‘‘(3) the conduct involves less than five horses or less than 2000 pounds of 

horse flesh or carcass or part of a carcass; 

the defendant shall, instead of being punished under that subsection, be fined under 

this title or imprisoned not more than one year, or both. 

‘‘(c) The Attorney General, in consultation with the Secretary of Agriculture, shall 

provide for the humane placement or other humane disposition of any horse seized 

in connection with an offense under this section. 

‘‘(d) As used in this section, the term ‘horse’ means any member of the family 

Equidae.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 3 of title 18, United 

States Code, is amended by adding at the end the following new item: 

‘‘50. Slaughter of horses for human consumption.’’. 

PURPOSE AND SUMMARY

This bill makes it illegal to possess, ship, transport, purchase, 

sell, deliver, or receive any horse with the intent that itbe slaughtered for human consumption. The bill also makes it illegal to engage in the above conduct with respect to horse flesh or carcass 

with the intent that it be used for human consumption. The crime 

is punishable as either a misdemeanor or felony, depending on the 

circumstances of the offense. 

BACKGROUND AND NEED FOR THE LEGISLATION

BACKGROUND

In 2007, the last three horse slaughter houses 1 in the United 

States were closed as a result of State laws. In January 2007, the 

Fifth Circuit upheld a 1949 Texas State law that had prohibited 

the possession, sale, or transfer of horsemeat for human consumption. Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Durry, 

476 F.3d 326 (5th Cir. 2007). As a result of this ruling, the two remaining horse slaughter houses in Texas were closed. The State of 


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2 Humane Society Equine Slaughter Table, 9/24/2008, compiling data from the USDA, Foreign 

Agricultural Service (FAS) ‘‘FAS Agricultural Import Aggregations and HS-10 Digit Import 

Commities’’ Commodity Codes 0101901010 & 0101190010 (Live Horses for Immediate Slaughter), weekly Year to Date data from USDA APHIS, ‘‘Canadian Live Animal Imports into the 

U.S. by Destination,’’ weekly reports listed at http://www.ams.usda.gov/mnreports/walls637.txt; 

Annual Data from USDA NASS, ‘‘Equine Slaughter,’’ query conducted at http:// 

www.nass.usda.gov:8080/QuickStats/index2.jsp; Statistics Canada, Canadian International Merchandise Trade, Commodity Code 0101190010 & 0101900011 (Horses for slaughter), query conducted at http://www.statcan.ca/trade/scripts7/tradelsearch.cgi; and USDA Market News Service, ‘‘US to Mexico Weekly Livestock Export Summary,’’ weekly reports listed at http:// 

www.ams.usda.gov/mnreports/alls635.txt 3Lisa Sandberg, Horse Slaughters Taking Place on the Border, posted October 2, 2007, http:// 

www.mysanantonio.com/news/MYSA093007l01Alhorseslaughterl3496288lhtml860.ht ml 

(with San Antonio Express News). 4Lisa Sandberg & Jerry Lara, Scent of Death, http://www.mysanantonio.com/news/ 

MYSA093007l03BlENlrichtercoll11bea10bflhtml4619.html 5Sandberg, supra note 3. 

Illinois, on May 24, 2007, passed the Illinois Horse Meat Act, making it unlawful to slaughter a horse knowing that the meat will be 

used for human consumption. The Seventh Circuit upheld the legality of this State law, and the last remaining horse slaughter 

plant in the United States closed its doors. Cavel International, Inc. 

v. Madigan, 500 F.3d 551 (7th Cir. 2007). 

In spite of these plant closures, the practice of horse slaughter 

for human consumption has not gone away. Horses from the 

United States are now being shipped to plants in Mexico or Canada, where horses are slaughtered for human consumption. The 

horse meat is then shipped to Europe and Asia, where horse meat 

is considered a delicacy. The Humane Society of the United States 

reports that in 2007, over 100,000 horses were slaughtered for 

human consumption or exported for slaughter for human consumption. Of this total, about 78,000 horses were exported to Canada or 

Mexico for slaughter for human consumption.2

The process of slaughtering horses generally starts with the purchase of horses at a horse auction by a bidder commonly referred 

to as a ‘‘killer-buyer,’’ who is in the business of buying horses for 

transport to the slaughterhouses in Mexico and Canada. These killer-buyers are often able to out-bid other bidders. Horse owners selling their horses at such auctions often have no idea that their 

horses are being purchased for slaughter, and are devastated when 

they discover that their horse was slaughtered. 

The transportation and slaughter process is often brutal. The 

horses may travel more than 24 hours to the slaughterhouse, during which time they typically are not provided water, food or rest. 

Procedures at the slaughterhouses vary. According to an investigative report by the San Antonio Express News, the ‘‘puntilla’’ method of slaughter is the standard method at older Mexican slaughterhouses.3

The ‘‘puntilla’’ method begins with placement of the horse in a 

narrow chute, where the horse is stabbed with a puntilla knife in 

the back in order to paralyze it. The horse then is hoisted up by 

one of its legs and slashed in the neck until it bleeds to death. Reporters from the San Antonio Express witnessed and filmed this 

process at a horse slaughterhouse in Juarez, Mexico.4 On the day 

of one news visit, it took the slaughterhouse worker 13 stabs in the 

horse’s back before the horse collapsed.5 According to Temple 

Grandin, a professor of animal science at Colorado State University, repeated jabs to the spinal cord would not immediately kill the 


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6 Id. 

7 Humane Society Equine Slaughter Table, supra note 2. 8 R. Timothy Cordes, D.V.M. and Betsy J. Stillers, Technical Coordinators, U.S.D.A. Guidebook for USDA’s Slaughter Horse Transport Program, January 2002, at 5. 

horse, and the ‘‘horse would likely experience being hoisted up and 

it’s probably going to experience being bled.’’ 6

DESCRIPTION OF H.R. 6598

H.R. 6598 amends Chapter 3 of Title 18, which covers ‘‘Animals, 

Birds, Fish, and Plants.’’ It criminalizes the possession, shipment, 

transport, purchase, sale, delivery, or receipt of any horse with the 

intent that it be slaughtered for human consumption. The bill also 

criminalizes the same conduct with respect to horse carcasses or 

flesh when intended to be used for human consumption. The law 

provides for both misdemeanor and felony offenses. A first time offender whose conduct involves less than five horses or 2000 pounds 

of horse flesh would be guilty of a misdemeanor. A repeat offender, 

or someone whose crime involves more than five horses or 2000 

pounds flesh, faces a felony conviction, with a statutory maximum 

sentence of 3 years prison. 

The bill has a high mens rea, requiring that a person knowingly 

engage in the prohibited conduct with the intent that the horse be 

slaughtered for human consumption. A person who does not knowingly engage in conduct with such intent, such as a farmer who 

sells his horse and later discovers that the buyer intended to 

slaughter the horse for human consumption, would not be guilty 

under this bill. 

It is hoped that the existence of this bill will effectively deter the 

majority of conduct prohibited by the bill. To the extent that people 

do not comply with the bill and the Department of Justice is required to seize horses, it is anticipated that they will work with 

local rescue groups and animal shelters for the humane placement 

or other disposition of the horses. 

ARGUMENTS BY OPPONENTS

Opponents of this bill have argued that horse slaughter is a necessary evil, and that without it, the horses that would have been 

slaughtered will be abandoned or neglected, leading to another and 

worse form of cruelty to horses. The available evidence, however, 

does not support this assertion. Between 1990 and 1995, the number of horses slaughtered in the United States decreased from 

345,700 to 109, 225. By 2001, the number of horses slaughtered in 

the United States or exported for slaughter had dropped to only 79, 

734.7 During this time, there was no reported epidemic of unwanted horses resulting from the decreased number of horses being 

slaughtered. 

According to a 2002 United States Department of Agriculture report, 92.3% of the horses arriving at two Texas slaughter plants arrived in good condition.8 They were not the ‘‘unwanted’’ sick, old, 

or starving horses. This statistic comports with common sense: 

healthy animals maximize the amount of meat processed per horse 

and help insure that the meat will be of good quality and safe for 

human consumption. Thus, the proportion of currently slaughtered 


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9Written testimony of Dr. Dodman at 2, submitted for the Crime, Terrorism, and Homeland 

Security Subcommittee hearing on July 31, 2008. 

horses that fall into the category of ‘‘unwanted’’ sick or old horses 

would appear to be small. 

The corollary of the opponents’ argument regarding unwanted 

horses is that horse slaughter for human consumption is a humane 

form of euthanasia. Again, the available evidence does not support 

this claim. The previously described ‘‘puntilla’’ slaughter method 

used at many slaughterhouses in Mexico could never be considered 

humane. As described by Dr. Dodman, Director of Animal Behavior 

Department of Clinical Sciences at Tufts’ Cummings School of Veterinary Medicine, ‘‘No ethical veterinarian, faced with a client who 

has a horse that is old, sick, or otherwise no longer wanted, would 

suggest that the horse in question should be put on a truck and 

hauled thousands of miles to slaughter. Instead, the veterinarian 

would most likely suggest truly humane euthanasia via chemical 

injection, after which the carcass can be composted, buried, incinerated, sent to landfill or rendered.’’ 9 The shot could be performed by 

any veterinarian at the farm, ranch, or racetrack. 

The Committee received many letters from horse rescue organizations across the country, repeatedly telling the same experience 

of attempting to buy horses at auctions and getting out-bid by ‘‘killer-buyers’’ from the horse slaughterhouses. Based on these and 

other letters, testimony received at our hearing, and countless 

phone calls and conversations with other interested stakeholders, 

it appears to the Committee that there is a strongly committed 

community of horse rescue and sanctuary organizations, farmers, 

horse owners, and other entities and persons that are willing and 

able to assist with any ‘‘unwanted’’ horses that may result from 

this legislation. Large organizations such as the National Black 

Farmers Association, Animal Welfare Institute, and the Humane 

Society of the United States also have pledged to work with their 

members to find homes for any ‘‘unwanted horses.’’ 

Horse slaughter for human consumption is a business. It is motivated by economic forces, not altruistic ones. In the Committee’s 

opinion, the equities balance in favor of this legislation. We know 

for certain that if we do nothing, hundreds of thousands of horses 

will meet cruel and inhumane deaths at foreign slaughterhouses; 

if we pass this legislation, we save horses from suffering this same 

fate in the future. There may be unintended adverse consequences 

for a small percentage of these horses; but we are confident that 

the supporters of this bill—which are many and varied—are sincere about their commitment to the welfare of all horses. 

HEARINGS

The Committee’s Subcommittee on Crime, Terrorism, and Homeland Security held 1 day of hearings on H.R. 6598, on July 31, 

2008. Testimony was received from Liz Ross, Federal Policy Advisor, Animal Welfare Institute; the Honorable Charles W. Stenholm, 

Former Member of Congress and Senior Policy Advisor at Olsson 

Frank Weeda Terman Bode Matz PC; Dr. John Boyd, Jr., President, National Black Farmers Association; Dr. Douglas G. Corey, 

DVM and Past President of the American Association of Equine 

Practitioners; Dr. Nicholas Dodman, DVM and Professor, Section 


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Head and Program Director, Animal Behavior Department of Clinical Sciences Tufts’ Cummings School of Veterinary Medicine and 

founding member of Veterinarians for Equine Welfare; and Wayne 

Pacelle, President and Chief Executive Officer of the Humane Society of the United States, with additional material submitted by the 

Animal Welfare Institute. 

COMMITTEE CONSIDERATION

The Committee met in open session to consider H.R. 6598 on 

September 10, 2008, September 17, 2008, and September 23, 2008. 

On September 23, 2008, the Committee met in open session and ordered the bill H.R. 6598 favorably reported with an amendment, by 

voice vote, a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

6598. 

1. An amendment by Mr. Goodlatte substituting the Secretary of 

Agriculture for the Attorney General as the entity responsible for 

providing for the humane placement or other disposition of any 

horse seized in connection with an offense under this section. Defeated 9 to 13. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman .......................................................................................................

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................

Ms. Waters ........................................................................................................

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson .......................................................................................................

Ms. Sutton ......................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman ..................................................................................................... X 

Ms. Baldwin ...................................................................................................... X 

Mr. Weiner .........................................................................................................

Mr. Schiff ..........................................................................................................

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison .........................................................................................................

Mr. Smith, Ranking Member ............................................................................. X 

Mr. Sensenbrenner, Jr. ...................................................................................... X 

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa .............................................................................................................


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ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Mr. Pence ..........................................................................................................

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks .........................................................................................................

Mr. Gohmert ......................................................................................................

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 9 13 

2. An amendment by Mr. King requiring the Attorney General 

to reimburse State and local governments for costs incurred caring 

for stray or abandoned horses and to compensate horse owners for 

disposal of horses other than through sale. Defeated 7 to 14. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................

Ms. Waters ........................................................................................................

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson .......................................................................................................

Ms. Sutton ......................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman .....................................................................................................

Ms. Baldwin ...................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff ..........................................................................................................

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison .........................................................................................................

Mr. Smith, Ranking Member ............................................................................. X 

Mr. Sensenbrenner, Jr. ...................................................................................... X 

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa .............................................................................................................

Mr. Pence ..........................................................................................................

Mr. Forbes .........................................................................................................

Mr. King ............................................................................................................ X 

Mr. Feeney .........................................................................................................

Mr. Franks .........................................................................................................

Mr. Gohmert ......................................................................................................

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 7 14 


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3. An amendment by Mr. Steve King (IA 5) providing that conduct that would otherwise constitute an offense under this Act 

would not be an offense during a ‘‘calendar year’’ unless the Department of Justice certifies in advance that, for that year, space 

is available at United States rescue facilities to provide unwanted 

horses with shelter. Defeated 7 to 20. 

ROLLCALL NO. 3 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Delahunt ..................................................................................................... X 

Mr. Wexler .........................................................................................................

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Ms. Sutton ......................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman ..................................................................................................... X 

Ms. Baldwin ...................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff ..........................................................................................................

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison .........................................................................................................

Mr. Smith, Ranking Member ............................................................................. X 

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa .............................................................................................................

Mr. Pence ..........................................................................................................

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney .........................................................................................................

Mr. Franks .........................................................................................................

Mr. Gohmert ......................................................................................................

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 7 20 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 


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NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 6598, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 25, 2008. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6598, the Prevention of 

Equine Cruelty Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 6598—Prevention of Equine Cruelty Act of 2008. 

As ordered reported by the House Committee on the Judiciary on 

September 23, 2008 

CBO estimates that implementing H.R. 6598 would have no significant cost to the Federal Government. Enacting the bill could affect direct spending and revenues, but CBO estimates that any 

such effects would not be significant. 

H.R. 6598 would impose a private-sector and intergovernmental 

mandate as defined in the Unfunded Mandates Reform Act 

(UMRA). It would prohibit possessing, shipping, transporting, purchasing, selling, delivering, or receiving any horse in interstate or 

foreign commerce that is to be slaughtered for human consumption. 

The cost of the mandate to the private sector would be the loss of 

income to persons that transport horses for slaughter and the cost 

to horse owners to dispose of horses that otherwise would have 

been slaughtered for human consumption. Based on information 

from the Department of Agriculture, CBO expects that those costs 

would fall below the annual threshold established by UMRA for 

private-sector mandates ($136 million in 2008, adjusted annually 

for inflation). 

This mandate also would affect State, local, and tribal governments to the extent that they would be responsible for unwanted 


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horses that otherwise would have been sold and slaughtered. Because most unwanted horses remain in the hands of private individuals or organizations, CBO estimates that this cost would not be 

large, and would be well below the threshold established in UMRA 

for intergovernmental mandates ($68 million in 2008, adjusted annually for inflation). 

H.R. 6598 would establish a new Federal crime relating to the 

slaughter of horses for human consumption. If the bill is enacted, 

the government might be able to pursue cases that it otherwise 

would not be able to prosecute. However, we expect that H.R. 6598 

would apply to a relatively small number of offenders, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant. Any such costs would be subject 

to the availability of appropriated funds. 

Because those prosecuted and convicted under H.R. 6598 could 

be subject to criminal fines, the Federal Government might collect 

additional fines if the legislation is enacted. Criminal fines are recorded as revenues, then deposited in the Crime Victims Fund, and 

later spent. Thus, enacting H.R. 6598 could increase revenues and 

direct spending; however, CBO expects that any such impact would 

not be significant. 

The CBO staff contacts for this estimate are Mark Grabowicz (for 

Federal costs), who can be reached at 226–2860, Amy Petz (for the 

private-sector impact), who can be reached at 226–2940, and Elizabeth Cove (for the State and local impact), who can be reached at 

225–3220. This estimate was approved by Peter H. Fontaine, Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 6598 will make 

it a crime to possess, ship, transport, purchase, sell, deliver or receive, in or affecting interstate or foreign commerce, any horse, 

horse flesh or horse carcass with the intent that it be slaughtered 

or used for human consumption. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8, clause 3 of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 6598 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of Rule XXI. 

SECTION-BY-SECTION ANALYSIS

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short title. Section 1 sets forth the short title of the bill 

as the ‘‘Prevention of Equine Cruelty Act of 2008.’’ 


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Sec. 2. Slaughter of Horses for Human Consumption. Section 2 

amends Chapter 3 of Title 18 by adding a new criminal code section, ‘‘Slaughter of horses for human consumption.’’ It provides that 

anyone who knowingly (1) possesses, ships, transports, purchases, 

sells, delivers, or receives, in or affecting interstate commerce or 

foreign commerce, any horse with the intent that it be slaughtered 

for human consumption; or (2) possesses, ships, transports, purchases, sells, delivers, or receives, in or affecting interstate commerce or foreign commerce, any horse flesh or carcass with the intent that it be used for human consumption, shall be fined or imprisoned not more than 3 years, or both. A defendant who engages 

in the above conduct, but has no prior conviction under this section 

and whose conduct involves less than five horses or 2000 pounds 

of horse flesh, shall be fined or imprisoned not more than 1 year 

or both. 

Section 2 provides that the Attorney General, in consultation 

with the Secretary of Agriculture, shall provide for the humane 

placement or other humane disposition of any horse seized in connection with this offense. In prior criminal cases where dogs were 

seized in criminal prosecutions for illegal dog fighting, the Department of Justice worked with local animal rescue organizations and 

animal shelters to humanely place the seized dogs. The Committee 

expects that the Department of Justice would use similar procedures with horses seized under this Act. The word ‘‘horse’’ is defined as any member of the family Equidae. Section 2 also amends 

the table of sections. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italics 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

CHAPTER 3—ANIMALS, BIRDS, FISH, AND PLANTS 

Sec. 

41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. 

* * * * * * * 

50. Slaughter of horses for human consumption. 

* * * * * * * 

§ 50. Slaughter of horses for human consumption 

(a) Except as provided in subsection (b), whoever knowingly— 

(1) possesses, ships, transports, purchases, sells, delivers, or 

receives, in or affecting interstate commerce or foreign commerce, any horse with the intent that it is to be slaughtered for 

human consumption; or 

(2) possesses, ships, transports, purchases, sells, delivers, or 

receives, in or affecting interstate commerce or foreign commerce, any horse flesh or carcass or part of a carcass, with the 

intent that it is to be used for human consumption; 


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1P.L. 104–127, sec. 901–905 (1996). 

shall be fined under this title or imprisoned not more than three 

years or both. 

(b) If— 

(1) the defendant engages in conduct that would otherwise 

constitute an offense under subsection (a); 

(2) the defendant has no prior conviction under this section; 

and 

(3) the conduct involves less than five horses or less than 

2000 pounds of horse flesh or carcass or part of a carcass; 

the defendant shall, instead of being punished under that subsection, be fined under this title or imprisoned not more than one 

year, or both. 

(c) The Attorney General, in consultation with the Secretary of Agriculture, shall provide for the humane placement or other humane 

disposition of any horse seized in connection with an offense under 

this section. 

(d) As used in this section, the term ‘‘horse’’ means any member 

of the family Equidae. 

* * * * * * * 

MINORITY VIEWS

We depart from the Majority and oppose H.R. 6598, the Prevention of Equine Cruelty Act of 2008. H.R. 6598 creates a federal 

crime for the transport, purchase, or sale in interstate or foreign 

commerce of a horse that is intended to be slaughtered for human 

consumption. A person convicted of this offense will face from one 

to three years in prison. 

As an initial matter, we do not believe that the Committee on the 

Judiciary has jurisdiction over the housing, care, or transportation 

of horses. Federal law regulating the care and transportation of 

horses, particularly the transportation of horses to slaughter, is 

within the exclusive jurisdiction of the Committee on Agriculture.1

The Committee on Judiciary certainly has jurisdiction over laws 

pertaining to criminal conduct. However, we do not believe that the 

transport, purchase, or sale of a horse that is intended to be 

slaughtered is conduct that should be criminalized. Further, the 

Department of Justice, the agency that the Committee on the Judiciary oversees and that this bill creates new duties for, does not 

play a role in the regulation of horses or other livestock nor is it 

suited for such a responsibility. 

We believe that this bill came to our Committee as the result of 

forum shopping for a friendly venue by its proponents. Previous 

iterations of this bill were considered in the Committee on Energy 

and Commerce and the Agriculture Committee (H.R. 503 in the 

109th Congress). We are concerned that the favorable reporting out 

of this bill will encourage other interest groups to repeat this untoward practice in the future. 

On the merits, we believe that this bill unwisely expands the federal criminal code. There are no horse-slaughter plants operating 

within the U.S. today. The three remaining plants were closed just 

in the last few years. What this bill actually does is penalize the 

sale of horses by Americans in a not so veiled attempt to prohibit 


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13 

human consumption of horses in foreign countries by way of the 

criminal code. 

Proponents of this bill are allegedly motivated by their desire for 

the humane treatment of horses. According to industry experts, 

there are as many as 100,000 unwanted horses in this country 

every year. Yet this legislation makes no provision for the housing, 

care, or disposal of unwanted horses or horses whose owners can 

no longer afford to care for them. It simply prohibits the sale of 

horses for slaughter. We fear that the conduct criminalized by H.R. 

6598 will expose horse-owners across the country to unwarranted 

prosecution. 

The impact of this bill will be far-reaching. Many horses will be 

abandoned or neglected by their owners. Rather than criminalizing 

the sale of horses to foreign countries, the Committee’s efforts 

would be better focused on addressing the insufficient number of 

shelters and other rescue facilities across the country to provide 

care to abandoned and unwanted horses. To date, no proposed state 

or federal law has addressed funding of care for unwanted horses, 

long-term placement of affected horses or established guidelines for 

standards of care at retirement and rescue facilities. Failing to address these core issues adversely affects the welfare of horses. 

Advocates of H.R. 6598 argue that owners of unwanted horses 

can move them to ‘‘adoption’’ facilities across the country. While 

there are a number of facilities in the U.S. providing homes for old 

and unwanted horses, the capacity of these individual facilities is 

usually limited to 30 horses or less. According to the American Association of Equine Practitioners, horse adoption facilities are having to turn away horses and are pleading for financial assistance. 

The infrastructure to care for so many unwanted horses is simply 

not yet in place. 

Advocates of this bill also argue that owners who cannot find 

housing for their unwanted horses should euthanize the animals 

rather than abandon or neglect them. However, the process to 

euthanize a horse and dispose of its carcass can be very expensive, 

costing over $1000 in some states. Imposing these costs on farmers 

and ranchers is unfair when other options for the disposal of 

horses, such as slaughter, exist. 

In sum, this bill will lead to unnecessary prosecutions, exacerbate the problem of unwanted and abandoned horses, and will 

place a significant burden on America’s ranchers and farmers. We 

oppose this bill and urge our colleagues to oppose its adoption on 

the House floor. 

LAMAR SMITH. 

BOB GOODLATTE. 

STEVE KING. 

JIM JORDAN. 

Æ 


wwoods2 on PRODPC68 with REPORTS