II 

108TH CONGRESS 

2D SESSION S. 2352

To prevent the slaughter of horses in and from the United States for human 

consumption by prohibiting the slaughter of horses for human consumption and by prohibiting the trade and transport of horseflesh and live 

horses intended for human consumption, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2004

Mr. ENSIGN (for himself, Ms. LANDRIEU, Mr. LIEBERMAN, Mr. INOUYE, and 

Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL

To prevent the slaughter of horses in and from the United 

States for human consumption by prohibiting the slaughter of horses for human consumption and by prohibiting 

the trade and transport of horseflesh and live horses 

intended for human consumption, 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 ‘‘American Horse 

5 Slaughter Prevention Act of 2004’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 
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1 (1) to prohibit the slaughter of horses for 

2 human consumption; 

3 (2) to prohibit the sale, possession, and trade of 

4 horseflesh for human consumption; and 

5 (3) to prohibit the sale, possession, and trade of 

6 live horses for slaughter for human consumption. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) EUTHANASIA.—The term ‘‘euthanasia’’ 

10 means to kill an animal humanely by means that im11 mediately render the animal unconscious, with this 

12 state remaining until the swift death of the animal. 

13 (2) EXPORT.—The term ‘‘export’’ means to 

14 take from any place subject to the jurisdiction of the 

15 United States to a place not subject to that jurisdic16 tion, whether or not the taking constitutes an expor17 tation within the meaning of the customs laws of the 

18 United States. 

19 (3) HORSE.—The term ‘‘horse’’ means all mem20 bers of the equid family, including horses, ponies, 

21 donkeys, mules, asses, and burros. 

22 (4) HORSEFLESH.—The term ‘‘horseflesh’’ 

23 means the flesh of a dead horse, including the 

24 viscera, skin, hair, hide, hooves, and bones of the 

25 horse. 
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1 (5) HUMAN CONSUMPTION.—The term ‘‘human 

2 consumption’’ means ingestion by people as a source 

3 of food. 

4 (6) IMPORT.—The term ‘‘import’’ means to 

5 bring into any place subject to the jurisdiction of the 

6 United States from a place not subject to that juris7 diction, whether or not the bringing constitutes an 

8 importation within the meaning of the customs laws 

9 of the United States. 

10 (7) PERSON.—The term ‘‘person’’ means— 

11 (A) an individual, corporation, partnership, 

12 trust, association, or other private entity; 

13 (B) an officer, employee, agent, depart14 ment, or instrumentality of— 

15 (i) the Federal Government; or 

16 (ii) any State, municipality, or polit17 ical subdivision of a State; or 

18 (C) any other entity subject to the jurisdic19 tion of the United States. 

20 (8) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Agriculture. 

22 (9) SLAUGHTER.—The term ‘‘slaughter’’ means 

23 the commercial slaughter of 1 or more horses with 

24 an intent to sell, barter, or trade horseflesh for 

25 human consumption. 
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1 (10) STATE.—The term ‘‘State’’ means— 

2 (A) each of the several States of the 

3 United States; 

4 (B) the District of Columbia; 

5 (C) the Commonwealth of Puerto Rico; 

6 (D) Guam; 

7 (E) American Samoa; 

8 (F) the Commonwealth of the Northern 

9 Mariana Islands; 

10 (G) the Federated States of Micronesia; 

11 (H) the Republic of the Marshall Islands; 

12 (I) the Republic of Palau; 

13 (J) the United States Virgin Islands; and 

14 (K) any other territory or possession of the 

15 United States. 

16 (11) TRANSPORT.—The term ‘‘transport’’ 

17 means— 

18 (A) to move by any means; or 

19 (B) to receive or load onto a vehicle for the 

20 purpose of movement. 

21 (12) UNITED STATES.—The term ‘‘United 

22 States’’ means the customs territory of the United 

23 States, as defined in general note 2 of the Har24 monized Tariff Schedule of the United States. 
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1 SEC. 4. PROHIBITED ACTS. 

2 A person shall not— 

3 (1) slaughter a horse for human consumption; 

4 (2) import into, or export from, the United 

5 States— 

6 (A) horseflesh for human consumption; or 

7 (B) live horses intended for slaughter for 

8 human consumption; 

9 (3) sell or barter, offer to sell or barter, pur10 chase, possess, transport, deliver, or receive— 

11 (A) horseflesh for human consumption; or 

12 (B) live horses intended for slaughter for 

13 human consumption; or 

14 (4) solicit, request, or otherwise knowingly 

15 cause any act prohibited under paragraph (1), (2), 

16 or (3). 

17 SEC. 5. PENALTIES. 

18 (a) CRIMINAL PENALTIES.—A person that violates 

19 section 4 shall be fined under title 18, United States Code, 

20 imprisoned for not more than 1 year, or both. 

21 (b) CIVIL PENALTIES.— 

22 (1) IN GENERAL.—In addition to any other civil 

23 or criminal penalty that may be imposed under title 

24 18, United States Code, or any other provision of 

25 law, if a person violates section 4, the Secretary 

26 shall—
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1 (A) assess a civil penalty against the per2 son of not less than $2,500 but not more than 

3 $5,000; and 

4 (B) confiscate all horses in the physical or 

5 legal possession of the person at the time of ar6 rest, if the horses are intended for slaughter. 

7 (2) REMISSION OR MITIGATION OF PEN8 ALTIES.—For good cause shown, the Secretary may 

9 remit or mitigate any civil penalty under this Act. 

10 (3) DEBARMENT.—The Secretary shall prohibit 

11 a person from importing, exporting, transporting, 

12 trading, or selling horses in the United States, if the 

13 Secretary finds that the person has engaged in a 

14 pattern or practice of actions that have resulted in 

15 a final judicial or administrative determination with 

16 respect to the assessment of criminal or civil pen17 alties for violations of this Act. 

18 (c) NOTICE; HEARING.—No monetary penalty may 

19 be assessed against a person for a violation under this sec20 tion unless the person is given notice and opportunity for 

21 a hearing with respect to the violation in accordance with 

22 section 554 of title 5, United States Code. 

23 (d) SEPARATE OFFENSES.— 
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1 (1) LIVE HORSE.—Each live horse transported, 

2 traded, slaughtered, or possessed in violation of this 

3 Act shall constitute a separate offense. 

4 (2) HORSEFLESH.—Each 400 hundred pounds 

5 or less of horseflesh transported, traded, slaugh6 tered, or possessed in violation of this Act shall con7 stitute a separate offense. 

8 SEC. 6. ENFORCEMENT. 

9 (a) IN GENERAL.—The Secretary shall enforce this 

10 Act directly or by agreement with any other Federal, 

11 State, or local agency. 

12 (b) ADMINISTRATION.—Any person authorized by the 

13 Secretary to enforce this Act— 

14 (1) may execute any warrant or process issued 

15 by any officer or court of competent jurisdiction to 

16 enforce this Act; and 

17 (2) if so authorized, may, in addition to any 

18 other authority conferred by law— 

19 (A) with or without warrant or other proc20 ess, arrest any person committing (in the pres21 ence or view of the authorized person) a viola22 tion of this Act (including a regulation promul23 gated under this Act); 

24 (B) seize the cargo of any truck or other 

25 conveyance used or employed to violate this Act 
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1 (including a regulation promulgated under this 

2 Act) or that reasonably appears to have been so 

3 used or employed; and 

4 (C) seize, whenever and wherever found, all 

5 horses and horseflesh possessed in violation of 

6 this Act (including a regulation promulgated 

7 under this Act) and dispose of the horses and 

8 horseflesh, in accordance with this section (in9 cluding regulations promulgated under this 

10 Act). 

11 (c) PLACEMENT OF CONFISCATED HORSES.— 

12 (1) TEMPORARY PLACEMENT.—After confisca13 tion of a live horse pursuant to this Act, an arrest14 ing authority shall work with animal welfare soci15 eties and animal control departments— 

16 (A) to ensure the temporary placement of 

17 the horse with an animal rescue facility that is 

18 an organization described in section 501(c)(3) 

19 of the Internal Revenue Code of 1986 and is 

20 exempt from taxation under section 501(a) of 

21 that Code, while the person charged with vio22 lating this Act is prosecuted; or 

23 (B) if placement at such a facility is not 

24 practicable, to temporarily place the horse 

25 with— 
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1 (i) a facility that has as its primary 

2 purpose the humane treatment of animals; 

3 or 

4 (ii) another suitable location, as deter5 mined by the Secretary or arresting au6 thority. 

7 (2) BONDS.— 

8 (A) IN GENERAL.—The owner of a horse 

9 confiscated under this Act may prevent perma10 nent placement of the horse by the facility that 

11 has temporary custody of the horse by posting 

12 a bond with a court of competent jurisdiction in 

13 an amount the court determines is sufficient to 

14 provide for the necessary care and keeping of 

15 the horse for at least 60 days, including the day 

16 on which the horse was taken into custody. 

17 (B) TIMING.—The bond shall be filed with 

18 the court not later than 10 days after the horse 

19 is confiscated. 

20 (C) LACK OF BOND.—If a bond is not 

21 posted in accordance with this paragraph, the 

22 custodial facility shall determine permanent 

23 placement of the horse in accordance with rea24 sonable practices for the humane treatment of 

25 animals. 
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1 (D) TREATMENT FOLLOWING BOND PE2 RIOD.— 

3 (i) NEW BOND.—If the animal has 

4 not yet been returned to the owner at the 

5 end of the time for which expenses are cov6 ered by the bond and if the owner desires 

7 to prevent permanent placement of the ani8 mal by the custodial facility, the owner 

9 shall post a new bond with the court within 

10 10 days after expiration of the prior bond. 

11 (ii) PERMANENT PLACEMENT.—If a 

12 new bond is not posted in accordance with 

13 clause (i), the custodial facility shall deter14 mine permanent placement of the horse in 

15 accordance with reasonable practices for 

16 the humane treatment of animals. 

17 (E) COSTS FOR PROVIDING CARE FOR

18 HORSE DEDUCTED FROM BOND.—If a bond is 

19 posted in accordance with this paragraph, the 

20 custodial facility may draw from the bond the 

21 actual reasonable costs incurred by the facility 

22 in providing the necessary care and keeping of 

23 the confiscated horse from the date of the ini24 tial confiscation of the horse to the date of final
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1 disposition of the horse in the criminal action 

2 charging a violation of this Act. 

3 (3) PERMANENT PLACEMENT.—Except as pro4 vided in subsection (d), any horse confiscated pursu5 ant to this Act and not returned to the owner after 

6 confiscation shall be placed permanently with an ani7 mal rescue facility or other suitable facility as de8 scribed in this section on— 

9 (A) the conviction under this Act of the 

10 owner of the horse; 

11 (B) the surrender of the horse by the 

12 owner; 

13 (C) the failure of the owner of the horse to 

14 post a bond as required in accordance with 

15 paragraph (2); or 

16 (D) the inability of the Secretary to iden17 tify the owner. 

18 (d) EUTHANASIA OF HORSES.— 

19 (1) EMERGENCY CIRCUMSTANCES.—The Sec20 retary or any law enforcement authority charged 

21 with enforcing this Act may order or perform the 

22 immediate euthanasia of any horse in the field if the 

23 horse is injured beyond recovery and suffering irre24 versibly. 
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1 (2) HORSES BEYOND RECOVERY AND

2 UNPLACEABLE.—The Secretary or any law enforce3 ment authority charged with enforcing this Act may 

4 order a licensed veterinarian to euthanize any con5 fiscated horse if— 

6 (A) the confiscated horse is injured, dis7 abled, or diseased beyond recovery; or 

8 (B) placement at an animal rescue facility 

9 or other suitable facility, as described in this 

10 section, is not practicable within 90 days of any 

11 circumstance described in subsection (c)(3). 

12 (3) METHOD.—In euthanizing a horse under 

13 paragraph (2), the Secretary, law enforcement au14 thority charged with enforcing this Act, or a licensed 

15 veterinarian conducting the euthanasia shall use a 

16 method of euthanasia rated ‘‘Acceptable’’ for horses 

17 in the most recent Report of the American Veteri18 nary Medical Association’s Panel on Euthanasia. 

19 (e) FUNDING OF ANIMAL RESCUE FACILITIES.— 

20 (1) GRANTS.—Subject to the availability of ap21 propriated funds, the Secretary shall make grants to 

22 animal rescue facilities described in subsection 

23 (c)(1)(A) that have given adequate assurances to the 

24 Secretary that the facilities are willing to accept 

25 horses under this Act. 
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1 (2) PENALTIES, FINES, AND FORFEITED PROP2 ERTY.—Amounts received as penalties or fines under 

3 this Act, and property forfeited under this Act, shall 

4 be used for the care of any live horses seized from 

5 violators of this Act and taken into the possession 

6 by the United States or placed with an animal res7 cue facility or other suitable location. 

8 SEC. 7. REPORTS. 

9 Not later than 2 years after the date of the enact10 ment of this Act, and on an annual basis thereafter, the 

11 Secretary shall submit to Congress a report on— 

12 (1) actions taken by the Secretary and other 

13 Federal agencies to carry out this Act; and 

14 (2) the adequacy of resources to carry out this 

15 Act. 

16 SEC. 8. EXEMPTIONS. 

17 (a) IN GENERAL.—Subject to section 4 and sub18 section (b), nothing in this Act affects the regulation of 

19 horses by a State. 

20 (b) LAW ENFORCEMENT AUTHORITIES.— 

21 (1) IN GENERAL.—A State or local law enforce22 ment or arresting authority may take such actions 

23 as are necessary under section 6 to enforce this Act. 

24 (2) ENFORCEMENT.—A person described in sec25 tion 3(7)(B) may engage in activities described in 
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1 paragraphs (2), (3), and (4) of section 4 solely for 

2 the purposes of enforcing this Act. 

3 SEC. 9. REGULATIONS. 

4 The Secretary shall promulgate such regulations as 

5 are necessary to carry out this Act. 

6 SEC. 10. EFFECTIVE DATE. 

7 This Act takes effect on the date that is 1 year after 

8 the date of the enactment of this Act.

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