I 

111TH CONGRESS 

1ST SESSION H. R. 4356 

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

humane slaughter of nonambulatory cattle, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. ACKERMAN (for himself, Mr. LATOURETTE, Mr. GRIJALVA, Mr. ISRAEL, 

Mr. CASTLE, Ms. SHEA-PORTER, Mr. MOORE of Kansas, Mr. NADLER

of New York, Ms. MOORE of Wisconsin, Ms. EDDIE BERNICE JOHNSON

of Texas, Ms. SUTTON, Mr. MORAN of Virginia, Mr. SHULER, Mr. KING

of New York, Mr. LEWIS of Georgia, Mr. SHERMAN, Ms. JACKSON-LEE

of Texas, Mr. HINCHEY, Mr. JACKSON of Illinois, Mr. BLUMENAUER, 

Mrs. LOWEY, Ms. SCHAKOWSKY, Mr. KUCINICH, Mr. GEORGE MILLER of 

California, Mr. MICHAUD, Mr. CROWLEY, Mr. GERLACH, Mr. CUMMINGS, 

Mr. MARKEY of Massachusetts, Mr. INSLEE, Mr. DOYLE, Mr. SERRANO, 

and Ms. LEE of California) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Humane Methods of Slaughter Act of 1958 

to ensure the humane slaughter of nonambulatory cattle, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Downed Animal and 

5 Food Safety Protection Act’’. 


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1 SEC. 2. FINDING AND DECLARATION OF POLICY. 

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

3 euthanization of nonambulatory cattle in interstate and 

4 foreign commerce— 

5 (1) prevents needless suffering; 

6 (2) results in safer and better working condi7 tions for persons handling cattle; 

8 (3) brings about improvement of products and 

9 reduces the likelihood of the spread of diseases that 

10 have a great and deleterious impact on interstate 

11 and foreign commerce in cattle; and 

12 (4) produces other benefits for producers, proc13 essors, and consumers that tend to expedite an or14 derly flow of cattle and cattle products in interstate 

15 foreign commerce. 

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

17 United States that all nonambulatory cattle in interstate 

18 and foreign commerce shall be immediately and humanely 

19 euthanized when such cattle become nonambulatory. 

20 SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING 

21 NONAMBULATORY CATTLE. 

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

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

24 1958’’) (7 U.S.C. 1901 et seq.) is amended by inserting 

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


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1 ‘‘SEC. 3. NONAMBULATORY CATTLE. 

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

3 ‘‘(1) COVERED ENTITY.—The term ‘covered en4 tity’ means— 

5 ‘‘(A) a stockyard; 

6 ‘‘(B) a market agency; 

7 ‘‘(C) a dealer; 

8 ‘‘(D) a packer; 

9 ‘‘(E) a slaughter facility; or 

10 ‘‘(F) an establishment. 

11 ‘‘(2) ESTABLISHMENT.—The term ‘establish12 ment’ means an establishment that is covered by the 

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

14 seq.). 

15 ‘‘(3) HUMANELY EUTHANIZE.—The term ‘hu16 manely euthanize’ means to immediately render an 

17 animal unconscious by mechanical, chemical, or 

18 other means, with this state remaining until the 

19 death of the animal. 

20 ‘‘(4) NONAMBULATORY CATTLE.—The term 

21 ‘nonambulatory cattle’ means any cattle (including a 

22 calf) that will not stand and walk unassisted. 

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

24 the Secretary of Agriculture. 

25 ‘‘(b) HUMANE TREATMENT, HANDLING, AND DIS26 POSITION.—The Secretary shall promulgate regulations to 


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1 provide for the humane treatment, handling, and disposi2 tion of all nonambulatory cattle by covered entities, includ3 ing a requirement that nonambulatory cattle be humanely 

4 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 cattle. 

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

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

13 Spongiform Encephalopathy. 

14 ‘‘(d) MOVEMENT.— 

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

16 move nonambulatory cattle while the nonambulatory 

17 cattle are conscious. 

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

19 nonambulatory cattle that are moved, the covered 

20 entity shall ensure that the nonambulatory cattle re21 main unconscious until death. 

22 ‘‘(e) INSPECTIONS.— 

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

24 inspector at an establishment to pass through inVerDate Nov 24 2008 07:27 Dec 18, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4356.IH H4356

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1 spection any nonambulatory cattle or carcass (in2 cluding parts of a carcass) of nonambulatory cattle. 

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 ‘‘(f) EFFECT ON STATE LAW.—This section shall not 

8 be construed to preempt any law or regulation of a State 

9 or a political subdivision of a State containing require10 ments that are greater than the requirements of this sec11 tion.’’. 

12 (b) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendment made by subsection (a) 

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

16 of enactment of this Act. 

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

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

19 Agriculture shall promulgate final regulations to im20 plement the amendment made by subsection (a). 

Æ 


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