I 

108TH CONGRESS 

1ST SESSION H. R. 857

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. SWEENEY (for himself, Mr. SPRATT, Mr. SHAYS, Mr. FORD, Mr. SMITH

of New Jersey, Mr. MORAN of Virginia, Mr. COSTELLO, Mr. ISAKSON, 

Mr. VITTER, Mr. CALVERT, Mr. GALLEGLY, and Mr. GREENWOOD) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on International Relations and 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘The American Horse 

3 Slaughter Prevention Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) Horses have played a significant role in the 

7 history and culture of the United States. 

8 (2) Horses in the United States are not raised 

9 for food or fiber. 

10 (3) As a non-food and recreational animal, 

11 horses should be protected from slaughter. 

12 (4) The foreign-owned horse slaughter industry 

13 has slaughtered and exported for human consump14 tion over 3 million American horses in the last 2 

15 decades. 

16 (5) Approximately 55,000 American horses are 

17 slaughtered for human consumption annually in the 

18 United States by foreign-owned slaughterhouses. 

19 Tens of thousands of live horses are exported from 

20 the United States annually for slaughter. 

21 (6) Horses slaughtered in these foreign-owned 

22 plants in the United States have often been hauled 

23 several thousand miles over several days, contrary to 

24 acceptable non-slaughter standards for water, food, 

25 and rest. 
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1 (7) Many horses shipped to slaughter are 

2 young, healthy animals. Others are old, sick, blind, 

3 crippled and in otherwise poor condition and are 

4 unfit to withstand the rigors of long travel. Horses 

5 sent to be slaughtered are often shipped on crowded 

6 double deck trucks designed for shorter necked spe7 cies such as pigs, cattle and sheep, and are forced 

8 to travel in a bent position which can result in suf9 fering, injury and death. 

10 (8) Killing of horses by foreign-owned slaugh11 terhouses in the United States contrasts with the 

12 preferable method of killing by chemical euthanasia. 

13 (9) Horses endure repeated blows to the head 

14 with stunning equipment that often does not render 

15 the animals unconscious. Some horses proceed still 

16 conscious through the remaining stages of slaughter 

17 being bled out and dismembered. 

18 (10) Because horses in America are not food 

19 animals, veterinarians commonly prescribe and treat 

20 horses with potent drugs that may reside in the 

21 horseflesh and be dangerous when consumed by hu22 mans. 

23 (11) Because of the lack of disclosure on the 

24 part of the agents and dealers for the slaughter 

25 plants people’s horses are many times acquired and 
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1 slaughtered through fraud and misrepresentation. 

2 Slaughter also provides a quick and evidence-free 

3 outlet for stolen horses. 

4 (12) The imposition of a ban on the sale of 

5 horseflesh for human consumption, regardless of its 

6 source, is consistent with the international obliga7 tions of the United States because it applies equally 

8 to domestic and foreign producers and avoids any 

9 discrimination among foreign sources of competing 

10 products. Such a ban is also consistent with provi11 sions of international agreements to which the 

12 United States is a party that expressly allow for 

13 measures designed to protect the health and welfare 

14 of animals and to enjoin the use of deceptive trade 

15 practices in international or domestic commerce. 

16 SEC. 3. PURPOSE. 

17 The purpose of this Act is —

18 (1) to prohibit the slaughter of horses for 

19 human consumption; 

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

21 horseflesh for human consumption; 

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

23 live horses for slaughter for human consumption. 
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1 SEC. 4. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

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

5 means to kill an animal humanely by means that im6 mediately renders the animal unconscious, with this 

7 state remaining until the animal’s swift death. 

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

9 take from any place subject to the jurisdiction of the 

10 United States to a place not subject to such jurisdic11 tion, whether or not the taking constitutes an expor12 tation within the meaning of the customs laws of the 

13 United States. 

14 (3) HORSE.—The term ‘‘horse’’ means all mem15 bers of the equid family, including horses, ponies, 

16 donkeys, mules, asses, and burros. 

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

18 means the flesh of a dead horse, including the ani19 mal’s viscera, skin, hair, hide, hooves, and bones. 

20 (5) HUMAN CONSUMPTION.—The term ‘‘human 

21 consumption’’ means ingestion by people as a source 

22 of food. 

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

24 bring into any place subject to the jurisdiction of the 

25 United States from a place not subject to such juris26 diction, whether or not the bringing constitutes an 
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1 importation within the meaning of the customs laws 

2 of the United States. 

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

4 (A) an individual, corporation, partnership, 

5 trust, association, or other private entity; 

6 (B) an officer, employee, agent, depart7 ment, or instrumentality of—

8 (i) the Federal Government; or 

9 (ii) any State, municipality, or polit10 ical subdivision of State; or 

11 (C) any other entity subject to the jurisdic12 tion of the United States. 

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

14 the Secretary of Agriculture. 

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

16 the commercial slaughter of one or more horses with 

17 the intent to sell, barter, or trade the flesh for 

18 human consumption. 

19 (10) STATE.—The term ‘‘State’’ means the sev20 eral States, the District of Columbia, the Common21 wealth of Puerto Rico, the Virgin Islands, Guam, the 

22 Commonwealth of the Northern Mariana Islands, 

23 American Samoa, and any other territory, or posses24 sion of the United States. 
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1 (11) TRANSPORT.—The term ‘‘transport’’ 

2 means to move by any means, or to receive or load 

3 onto a vehicle for the purpose of movement. 

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

5 States’’ means the customs territory of the United 

6 States, as defined in general note 2 of the Har7 monized Tariff Schedule of the United States. 

8 SEC. 5. PROHIBITED ACTS. 

9 (a) IN GENERAL.—A person shall not—

10 (1) slaughter a horse for human consumption; 

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

12 States horseflesh for human consumption or live 

13 horses intended for slaughter for human consump14 tion; 

15 (3) sell or barter, offer to sell or barter, pur16 chase, possess, transport, deliver, or receive horse17 flesh for human consumption or live horses intended 

18 for slaughter for human consumption; or 

19 (4) solicit, request, or otherwise knowingly 

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

21 or (3). 

22 SEC. 6. PENALTIES AND ENFORCEMENT. 

23 (a) CRIMINAL PENALTIES.—A person who violates 

24 section 5 shall be fined under title 18, United States Code, 

25 imprisoned for not more than 1 year, or both. 
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1 (b) CIVIL PENALTIES.—

2 (1) IN GENERAL.—Any person who violates any 

3 provision of section 5 shall, in addition to any other 

4 civil or criminal penalty that may be imposed under 

5 title 18, United States Code, or any other provision 

6 of law, be assessed, by the Secretary, a civil penalty 

7 of not more than $5,000 but not less than $2,500, 

8 and shall have confiscated all horses in that person’s 

9 physical or legal possession at the time of arrest, if 

10 said horses are intended for slaughter. 

11 (2) DEBARMENT.—The Secretary shall prohibit 

12 a person from importing, exporting, transporting, 

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

14 Secretary finds that the person has engaged in a 

15 pattern or practice of actions that has resulted in a 

16 final judicial or administrative determination with 

17 respect to the assessment of criminal or civil pen18 alties for violations of any provision of this Act 

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

20 be assessed under this subsection against a person unless 

21 the person is given notice and opportunity for a hearing 

22 with respect to such violation in accordance with section 

23 554 of title 5, United States Code. 

24 (d) ENFORCEMENT.—
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1 (1) USE OF PERSONNEL.—The Secretary shall 

2 enforce this Act, and may use, by agreement, the 

3 personnel, services, and facilities of any other Fed4 eral, State, or local agency for the purposes of en5 forcing this Act. For good cause shown, the Sec6 retary may remit or mitigate any civil penalty. 

7 (2) EXECUTION OF PROCESS; ARREST; SEARCH; 

8 SEIZURE.—Any person authorized by the Secretary 

9 to enforce this Act may execute any warrant or proc10 ess issued by any officer or court of competent juris11 diction to enforce this Act. Such a person so author12 ized may, in addition to any other authority con13 ferred by law—

14 (A) with or without warrant or other proc15 ess, arrest any person committing in his pres16 ence or view a violation of this Act or the regu17 lations issued thereunder; 

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

19 conveyance used or employed to violate this Act 

20 or the regulations issued hereunder or which 

21 reasonably appears to have been so used or em22 ployed; and 

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

24 horses and horseflesh possessed in violation of 

25 this Act or the regulations issued thereunder 
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1 and dispose of them, in accordance with this 

2 section and regulations prescribed by the Sec3 retary. 

4 (3) PLACEMENT OF CONFISCATED HORSES.—

5 (A) TEMPORARY PLACEMENT.—After con6 fiscation of a live horse pursuant to this Act, 

7 the arresting authorities shall work with animal 

8 welfare societies and animal control depart9 ments to ensure the temporary placement of the 

10 horse with an animal rescue facility that is an 

11 organization described in section 501(c)(3) of 

12 the Internal Revenue Code of 1986 and is ex13 empt from taxation under section 501(a) of 

14 such Code, while the person charged with vio15 lating this Act is prosecuted. If placement at 

16 such a facility is not possible, the arresting au17 thorities shall work with animal welfare soci18 eties and animal control departments to tempo19 rarily place the horse with a facility that has as 

20 its primary purpose the humane treatment of 

21 animals, or another suitable location. 

22 (B) BONDS.—

23 (i) POSTING OF BOND.—The owner of 

24 a horse confiscated pursuant to this Act 

25 may prevent permanent placement of the 
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1 horse by the facility that has temporary 

2 custody of the horse by posting a bond 

3 with the court in an amount the court de4 termines is sufficient to provide for the 

5 necessary care and keeping of the horse for 

6 at least 60 days, including the day on 

7 which the horse was taken into custody. 

8 Such bond shall be filed with the court 

9 within 10 days after the horse is con10 fiscated. If a bond is not so posted, the 

11 custodial facility shall determine perma12 nent placement of the horse in accordance 

13 with reasonable practices for the humane 

14 treatment of animals. If the animal has 

15 not yet been returned to the owner at the 

16 end of the time for which expenses are cov17 ered by the bond, and if the owner desires 

18 to prevent permanent placement of the ani19 mal by the custodial facility, the owner 

20 shall post a new bond with the court within 

21 ten days following the prior bond’s expira22 tion. If a new bond is not so posted, the 

23 custodial facility shall determine perma24 nent placement of the horse in accordance 
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1 with reasonable practices for the humane 

2 treatment of animals. 

3 (ii) COSTS FOR PROVIDING CARE FOR

4 HORSE DEDUCTED FROM BOND.—If a 

5 bond has been posted in accordance with 

6 clause (i), the custodial facility may draw 

7 from the bond the actual reasonable costs 

8 incurred by the facility in providing the 

9 necessary care and keeping of the con10 fiscated horse from the date of the initial 

11 confiscation to the date of final disposition 

12 of the horse in the criminal action charg13 ing a violation of this Act. 

14 (C) PERMANENT PLACEMENT.—Any horse 

15 confiscated pursuant to this Act and not re16 turned to the owner thereafter (except where 

17 otherwise provided in paragraph (4)) shall be 

18 placed permanently with an animal rescue facil19 ity or other suitable facility as described in this 

20 section upon—

21 (i) the conviction of the horse’s owner 

22 pursuant to this Act; 

23 (ii) the owner’s surrender of the 

24 horse; 
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1 (iii) the failure of the horse’s owner to 

2 post a bond as required in accordance with 

3 subparagraph (B); or 

4 (iv) the Secretary’s inability to iden5 tify the owner. 

6 (4) EUTHANASIA OF HORSES.—

7 (A) EMERGENCY CIRCUMSTANCES.—The 

8 Secretary or any law enforcement individual 

9 charged with enforcing this Act may order or 

10 perform the immediate euthanasia of any horse 

11 in the field when such horse is injured beyond 

12 recovery and suffering irreversibly. Methods 

13 used shall be in accordance with the most re14 cent Report of the American Veterinary Medical 

15 Association’s Panel on Euthanasia (2000) and 

16 State and local laws and may include gunshot, 

17 but shall not include electrocution or pene18 trating captive bolt. 

19 (B) HORSES BEYOND RECOVERY AND

20 UNPLACEABLE.—The Secretary or any indi21 vidual charged with enforcing this Act may 

22 order the euthanasia of any confiscated horse 

23 when injured, disabled, or diseased beyond re24 covery or when placement at an animal rescue 

25 facility or other suitable facility, as described in 
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1 this section, is not possible within 90 days of 

2 any circumstance as described in section 

3 6(d)(3)(C). An equine or large-animal veteri4 narian shall perform the euthanasia rated ‘‘Ac5 ceptable’’ for horses in the most recent Report 

6 of the American Veterinary Medical Associa7 tion’s Panel on Euthanasia (2000), but shall 

8 not include penetrating captive bolt, electrocu9 tion, gunshot, or other non-chemical means. 

10 (e) FUNDING OF ANIMAL RESCUE FACILITIES.—

11 (1) GRANTS.—To the extent that funds are 

12 made available for this purpose by Acts of appro13 priation, the Secretary shall make grants to animal 

14 rescue facilities described in this section that have 

15 given adequate assurances to the Secretary that they 

16 are willing to accept horses confiscated pursuant to 

17 this Act. 

18 (2) PENALTIES, FINES, AND FORFEITED PROP19 ERTY.—Amounts received as penalties, fines, or for20 feited property under this Act shall be used for the 

21 care of any live horses seized from violators of this 

22 Act and taken into the possession of the United 

23 States or placed with an animal rescue facility as de24 scribed in this section. 
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1 (f) CALCULATION OF VIOLATIONS.—For purposes of 

2 this section, a separate offense shall be calculated as fol3 lows: 

4 (1) Each live horse transported, traded, slaugh5 tered, or possessed in violation of this Act shall con6 stitute a separate offense. 

7 (2) Every four hundred pounds or less of con8 fiscated horseflesh shall constitute a separate of9 fense. 

10 SEC. 7. REPORT ON ENFORCEMENT EFFORTS. 

11 Not later than 2 years after the date of the enact12 ment of this Act, and on an annual basis thereafter, the 

13 Secretary shall submit a report to Congress on the efforts 

14 of the United States Government to enforce the provisions 

15 of this Act and the adequacy of the resources to do so. 

16 SEC. 8. EXEMPTIONS. 

17 (a) IN GENERAL.—Except as provided in section 5, 

18 nothing in this Act shall be construed to affect the regula19 tion by any State of its horse population. 

20 (b) EXCEPTION FOR DESIGNATED LAW ENFORCE21 MENT OFFICIAL PURPOSES.—A person described in sec22 tion 4(7)(B) may engage in activities described in para23 graphs (2), (3), and (4) of section 5 solely for purposes 

24 of enforcing this Act. 
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1 SEC. 9. DATE OF ENFORCEMENT. 

2 This Act shall take effect one year after the date of 

3 the enactment of this Act.

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