I

104TH CONGRESS

1ST SESSION H. R. 2143

To amend the Packers and Stockyards Act, 1921, to make it unlawful

for any stockyard owner, market agency, or dealer to transfer or market

nonambulatory cattle, sheep, swine, horses, mules, or goats, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 31, 1995

Mr. ACKERMAN (for himself, Mr. ABERCROMBIE, Mr. BORSKI, Mr. BROWN of

California, Mr. DEFAZIO, Mr. DEUTSCH, Mr. ENGEL, Mr. FARR, Mr. FAWELL, Mr. FRANK of Massachusetts, Ms. FURSE, Mr. GILMAN, Mr. GONZALEZ, Mr. GUTIERREZ, Mr. HINCHEY, Mr. JACOBS, Mr. JOHNSON of

Florida, Mr. KLECZKA, Mr. LANTOS, Mr. LEWIS of Georgia, Mr. LIPINSKI, Mrs. LOWEY, Mr. MCDERMOTT, Mr. MANTON, Mrs. MALONEY, Mr.

MARKEY, Mr. MARTINEZ, Mr. MINETA, Mrs. MINK of Hawaii, Mr.

MORAN, Mr. NADLER, Mr. OWENS, Mr. PORTER, Ms. ROYBAL-ALLARD,

Mrs. SCHROEDER, Mr. SCHUMER, Mr. SHAYS, Mr. STARK, Mr.

TORRICELLI, Mr. TOWNS, Mr. VENTO, Mr. WAXMAN, and Mr. YATES) introduced the following bill; which was referred to the Committee on

Agriculture

A BILL

To amend the Packers and Stockyards Act, 1921, to make

it unlawful for any stockyard owner, market agency,

or dealer to transfer or market nonambulatory cattle,

sheep, swine, horses, mules, or goats, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Downed Animal Pro3 tection Act’’.

4 SEC. 2. UNLAWFUL STOCKYARD PRACTICES INVOLVING

5 NONAMBULATORY LIVESTOCK.

6 (a) UNLAWFUL PRACTICES.—Title III of the Packers

7 and Stockyards Act, 1921, is amended by inserting after

8 section 317 (7 U.S.C. 217a) the following new section:

9 ‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING

10 NONAMBULATORY LIVESTOCK.

11 ‘‘(a) DEFINITIONS.—As used in this section:

12 ‘‘(1) The term ‘humanely euthanized’ means to

13 kill an animal by mechanical, chemical, or other

14 means that immediately render the animal uncon15 scious, with this state remaining until the animal’s

16 death.

17 ‘‘(2) The term ‘nonambulatory livestock’ means

18 any livestock that is unable to stand and walk unas19 sisted.

20 ‘‘(b) UNLAWFUL PRACTICES.—It shall be unlawful

21 for any stockyard owner, market agency, or dealer to buy,

22 sell, give, receive, transfer, market, hold, or drag any non23 ambulatory livestock unless the nonambulatory livestock

24 has been humanely euthanized.

25 ‘‘(c) CIVIL PENALTY.—The Secretary shall assess a

26 civil penalty of not more than $2,500 against any stock-
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1 yard owner, market agency, or dealer that violates this

2 section or any regulation or order of the Secretary under

3 this section. A penalty under this subsection shall be as4 sessed by the Secretary on the record after an opportunity

5 for a hearing. Each day on which a violation occurs and

6 each instance of prohibited action against nonambulatory

7 livestock shall be considered a separate violation.

8 ‘‘(d) CRIMINAL VIOLATIONS.—Any stockyard owner,

9 market agency, or dealer that knowingly violates this sec10 tion or any regulation or order of the Secretary under this

11 section shall be fined under title 18, United States Code,

12 or imprisoned for not more than one year, or both, for

13 each violation.’’.

14 (b) EFFECTIVE DATE; RULES.—Section 318 of the

15 Packers and Stockyards Act, 1921, as added by subsection

16 (a), shall take effect at the end of the one-year period be17 ginning on the date of the enactment of this Act. By the

18 end of such period, the Secretary shall issue rules to im19 plement such section.

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