II 

109TH CONGRESS 

1ST SESSION S. 1779 

To amend the Humane Methods of Livestock Slaughter Act of 1958 to 

ensure the humane slaughter of nonambulatory livestock, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2005 

Mr. AKAKA (for himself and Mr. LEVIN) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Humane Methods of Livestock Slaughter Act 

of 1958 to ensure the humane slaughter of nonambulatory livestock, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Downed Animal Pro5 tection Act’’. 

6 SEC. 2. FINDING AND DECLARATION OF POLICY. 

7 (a) FINDING.—Congress finds that the humane 

8 euthanization of nonambulatory livestock in interstate and 

9 foreign commerce— 
2 

•S 1779 IS

1 (1) prevents needless suffering; 

2 (2) results in safer and better working condi3 tions for persons handling livestock; 

4 (3) brings about improvement of products and 

5 reduces the likelihood of the spread of diseases that 

6 have a great and deleterious impact on interstate 

7 and foreign commerce in livestock; and 

8 (4) produces other benefits for producers, proc9 essors, and consumers that tend to expedite an or10 derly flow of livestock and livestock products in 

11 interstate foreign commerce. 

12 (b) DECLARATION OF POLICY.—It is the policy of the 

13 United States that all nonambulatory livestock in inter14 state and foreign commerce shall be immediately and hu15 manely euthanized when such livestock become non16 ambulatory. 

17 SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING 

18 NONAMBULATORY LIVESTOCK. 

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

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

21 1958’’) (7 U.S.C. 1901 et seq.) is amended by inserting 

22 after section 2 (7 U.S.C. 1902) the following: 

23 ‘‘SEC. 3. NONAMBULATORY LIVESTOCK. 

24 ‘‘(a) DEFINITIONS.—In this section: 
3 

•S 1779 IS

1 ‘‘(1) COVERED ENTITY.—The term ‘covered en2 tity’ means— 

3 ‘‘(A) a stockyard; 

4 ‘‘(B) a market agency; 

5 ‘‘(C) a dealer; 

6 ‘‘(D) a packer; 

7 ‘‘(E) a slaughter facility; or 

8 ‘‘(F) an establishment. 

9 ‘‘(2) ESTABLISHMENT.—The term ‘establish10 ment’ means an establishment that is covered by the 

11 Federal Meat Inspection Act (21 U.S.C. 601 et 

12 seq.). 

13 ‘‘(3) HUMANELY EUTHANIZE.—The term ‘hu14 manely euthanize’ means to immediately render an 

15 animal unconscious by mechanical, chemical, or 

16 other means, with this state remaining until the 

17 death of the animal. 

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

19 ‘nonambulatory livestock’ means any cattle, sheep, 

20 swine, goats, or horses, mules, or other equines, that 

21 will not stand and walk unassisted. 

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

23 the Secretary of Agriculture. 

24 ‘‘(b) HUMANE TREATMENT, HANDLING, AND DIS25 POSITION.—The Secretary shall promulgate regulations to 
4 

•S 1779 IS

1 provide for the humane treatment, handling, and disposi2 tion of all nonambulatory livestock by covered entities, in3 cluding a requirement that nonambulatory livestock be hu4 manely euthanized. 

5 ‘‘(c) HUMANE EUTHANASIA.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 when an animal becomes nonambulatory, a covered 

8 entity shall immediately humanely euthanize the 

9 nonambulatory livestock. 

10 ‘‘(2) DISEASE TESTING.—Paragraph (1) shall 

11 not limit the ability of the Secretary to test non12 ambulatory livestock for a disease, such as Bovine 

13 Spongiform Encephalopathy. 

14 ‘‘(d) MOVEMENT.— 

15 ‘‘(1) IN GENERAL.—A covered entity shall not 

16 move nonambulatory livestock while the non17 ambulatory livestock are conscious. 

18 ‘‘(2) UNCONSCIOUSNESS.—In the case of any 

19 nonambulatory livestock that are moved, the covered 

20 entity shall ensure that the nonambulatory livestock 

21 remain unconscious until death. 

22 ‘‘(e) INSPECTIONS.— 

23 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

24 inspector at an establishment to pass through in25 spection any nonambulatory livestock or carcass (in-
5 

•S 1779 IS

1 cluding parts of a carcass) of nonambulatory live2 stock. 

3 ‘‘(2) LABELING.—An inspector or other em4 ployee of an establishment shall label, mark, stamp, 

5 or tag as ‘inspected and condemned’ any material 

6 described in paragraph (1).’’. 

7 (b) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendment made by subsection (a) 

10 takes effect on the date that is 1 year after the date 

11 of enactment of this Act. 

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

13 the date of enactment of this Act, the Secretary of 

14 Agriculture shall promulgate final regulations to im15 plement the amendment made by subsection (a). 

Æ