I

107TH CONGRESS

1ST SESSION H. R. 1421

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

APRIL 4, 2001

Mr. ACKERMAN (for himself, Mr. ALLEN, Ms. BALDWIN, Mr. BASS, Mr. BERMAN, Mr. BLUMENAUER, Mr. BORSKI, Mr. CLYBURN, Mr. CONYERS, Mr.

CROWLEY, Mr. DELAHUNT, Mr. DEUTSCH, Mr. DOYLE, Mr. ENGEL, Mr.

EVANS, Mr. FILNER, Mr. FOLEY, Mr. FRANK, Mr. FRELINGHUYSEN, Mr.

GILMAN, Mr. GOSS, Mr. HINCHEY, Mr. HOLT, Mr. HORN, Mr. INSLEE,

Mrs. KELLY, Mr. KILDEE, Mr. KLECZKA, Mr. KUCINICH, Mr. LANTOS,

Mr. LEWIS of Georgia, Mr. LIPINSKI, Mrs. LOWEY, Mr. MCDERMOTT,

Mr. MCGOVERN, Mr. MEEHAN, Mr. GEORGE MILLER of California, Mr.

MOORE, Mr. NADLER, Mr. NEAL of Massachusetts, Mr. PALLONE, Mr.

PASCRELL, Ms. PELOSI, Mr. PHELPS, Ms. RIVERS, Mrs. ROUKEMA, Mr.

SABO, Mr. SMITH of Washington, Mr. SMITH of New Jersey, Mr.

TIERNEY, Mr. TOWNS, Mr. UDALL of Colorado, Mr. WEINER, Ms. WOOLSEY, Mrs. MALONEY of New York, Ms. MCKINNEY, Mrs. MORELLA, Mr.

STARK, Mr. RANGEL, Ms. JACKSON-LEE of Texas, Mr. MALONEY of Connecticut, Mrs. MCCARTHY of New York, Mr. WEXLER, Mr. SHAYS, Mrs.

TAUSCHER, Mr. ABERCROMBIE, Ms. SLAUGHTER, Ms. KILPATRICK, Mr.

GALLEGLY, Ms. CARSON of Indiana, Mr. BARCIA, Ms. SCHAKOWSKY, Mr.

DEFAZIO, Mr. ANDREWS, Ms. DELAURO, Mr. RUSH, Mrs. JOHNSON of

Connecticut, Mr. WOLF, Mr. BONIOR, Mr. HYDE, Ms. ROYBAL-ALLARD,

and Mrs. CLAYTON) 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,
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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,

3 SECTION 1. SHORT TITLE.

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

6 SEC. 2. UNLAWFUL STOCKYARD PRACTICES INVOLVING

7 NONAMBULATORY LIVESTOCK.

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

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

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

11 ‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING

12 NONAMBULATORY LIVESTOCK.

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

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

15 kill an animal by mechanical, chemical, or other

16 means that immediately render the animal uncon17 scious, with this state remaining until the animal’s

18 death.

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

20 any livestock that is unable to stand and walk unas21 sisted.

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

23 for any stockyard owner, market agency, or dealer to buy,
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1 sell, give, receive, transfer, market, hold, or drag any non2 ambulatory livestock unless the nonambulatory livestock

3 has been humanely euthanized.

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

5 civil penalty of not more than $2,500 against any stock6 yard owner, market agency, or dealer that violates this

7 section or any regulation or order of the Secretary under

8 this section. A penalty under this subsection shall be as9 sessed by the Secretary on the record after an opportunity

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

11 each instance of prohibited action against nonambulatory

12 livestock shall be considered a separate violation.

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

14 market agency, or dealer that knowingly violates this sec15 tion or any regulation or order of the Secretary under this

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

17 imprisoned for not more than one year, or both, for each

18 violation.’’.

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

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

21 (a), shall take effect at the end of the one-year period be22 ginning on the date of the enactment of this Act. By the

23 end of such period, the Secretary shall issue such rules

24 as are necessary to implement such section.

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