I
104TH CONGRESS
1ST SESSION
H. R. 2433
To authorize the Secretary of Agriculture to regulate the commercial
transportation of horses for slaughter, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1995
Mr. GOODLING introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To authorize the Secretary of Agriculture to regulate the
commercial transportation of horses for slaughter, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Commercial
Transportation of Horses for Slaughter Act of 1995’’.
SEC. 2. COMMERCIAL TRANSPORTATION OF HORSES FOR
SLAUGHTER.
Public Law 85–765 (7 U.S.C. 1901 et seq.) is amend-
ed by adding at the end the following:
‘‘TITLE II—COMMERCIAL TRANS-
PORTATION OF HORSES FOR
SLAUGHTER
‘‘SEC. 201. FINDINGS.
‘‘Congress finds that, to ensure that horses sold for
slaughter are provided humane treatment and care, it is
essential to regulate the transportation, care, handling,
and treatment of horses by any person engaged in the
commercial transportation of horses for slaughter.
‘‘SEC. 202. DEFINITIONS.
‘‘In this title:
‘‘(1) COMMERCE.—The term ‘commerce’ means
trade, traffic, transportation, or other commerce—
‘‘(A) between any State, territory, or pos-
session of the United States, or the District of
Columbia, and any place outside thereof;
‘‘(B) between points within the same
State, territory, or possession of the United
States, or the District of Columbia, but through
any place outside thereof; or
‘‘(C) within any territory or possession of
the United States or the District of Columbia.
‘‘(2) DEPARTMENT.—The term ‘Department’
means the United States Department of Agriculture.
‘‘(3) EQUINE.—The term ‘equine’ includes any
member of the Equidae family.
‘‘(4) FOAL.—The term ‘foal’ means a horse
that is not more than 6 months of age.
‘‘(5) HORSE.—The term ‘horse’ includes any
member of the Equidae family.
‘‘(6) HORSE
FOR
SLAUGHTER.—The term
‘horse for slaughter’ means any horse that is trans-
ported, or intended to be transported, to a slaughter
facility or intermediate handler from a sale, auction,
or intermediate handler by a person engaged in the
business of transporting horses for slaughter.
‘‘(7) INTERMEDIATE HANDLER.—The term ‘in-
termediate handler’ means any person engaged in
the business of receiving custody of horses for
slaughter in connection with the transport of the
horses to a slaughter facility, including a stockyard,
feedlot, or assembly point.
‘‘(8) PERSON.—The term ‘person’ includes any
individual, partnership, firm, company, corporation,
or association.
‘‘(9) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(10) VEHICLE.—The term ‘vehicle’ means any
machine, truck, tractor, trailer, or semitrailer, or
any combination thereof, propelled or drawn by me-
chanical power and used on a highway in the com-
mercial transportation of horses for slaughter.
‘‘(11) STALLION.—The term ‘stallion’ means
any uncastrated male horse that is 1 year of age or
older.
‘‘SEC. 203. STANDARDS FOR HUMANE COMMERCIAL TRANS-
PORTATION OF HORSES FOR SLAUGHTER.
‘‘(a) IN GENERAL.—Not later than 180 days after
the date of enactment of this title, the Secretary shall
issue, by regulation, standards for the humane commercial
transportation of horses for slaughter.
‘‘(b) PROHIBITION.—No person shall transport in
commerce, to a slaughter facility or intermediate handler,
a horse for slaughter except in accordance with the stand-
ards and this title.
‘‘(c) MINIMUM
REQUIREMENTS.—The standards
shall include minimum requirements for the humane han-
dling, care, treatment, and equipment necessary to ensure
the safe and humane transportation of horses for slaugh-
ter. The standards shall require, at a minimum, that—
‘‘(1) no horse for slaughter shall be transported
for more than 24 hours without being unloaded from
the vehicle and allowed to rest for at least 8 con-
secutive hours and given access to adequate quan-
tities of wholesome food and potable water;
‘‘(2) a vehicle shall provide adequate headroom
for a horse for slaughter with a minimum of at least
6 feet, 6 inches of headroom from the roof and
beams or other structural members overhead to floor
underfoot, except that a vehicle transporting 6
horses or less shall provide a minimum of at least
6 feet of headroom from the roof and beams or other
structural members overhead to floor underfoot if
none of the horses are over 16 hands;
‘‘(3) the interior of a vehicle shall—
‘‘(A) be free of protrusions, sharp edges,
and harmful objects;
‘‘(B) have ramps and floors that are ade-
quately covered with a nonskid nonmetallic sur-
face; and
‘‘(C) be maintained in a sanitary condition;
‘‘(4) a vehicle shall—
‘‘(A) provide adequate ventilation and shel-
ter from extremes of weather and temperature
for all equine;
‘‘(B) be of appropriate size, height, and in-
terior design for the number of equine being
carried to prevent overcrowding; and
‘‘(C) be equipped with doors and ramps of
sufficient size and location to provide for safe
loading and unloading, including unloading dur-
ing emergencies;
‘‘(5)(A) horses shall be positioned in the vehicle
by size; and
‘‘(B) stallions shall be segregated from other
horses;
‘‘(6)(A) all horses for slaughter must be fit to
travel as determined by an accredited large animal
veterinarian, who shall prepare a certificate of in-
spection, prior to loading for transport, that—
‘‘(i) states that the horses were inspected
and satisfied the requirements of subparagraph
(B);
‘‘(ii) includes a clear description of each
horse; and
‘‘(iii) is valid for 7 days;
‘‘(B) no horse shall be transported to slaughter
if the horse is found to be—
‘‘(i) suffering from a broken or dislocated
limb;
‘‘(ii) unable to bear weight on all 4 limbs;
‘‘(iii) blind in both eyes; or
‘‘(iv) obviously suffering from severe ill-
ness, injury, lameness, or physical debilitation
that would make the horse unable to withstand
the stress of transportation;
‘‘(C) no foal may be transported for slaughter;
‘‘(D) no mare in foal that exhibits signs of im-
pending partition may be transported for slaughter;
and
‘‘(E) no horse for slaughter shall be accepted by
a slaughter facility unless the horse is accompanied
by a certificate of inspection issued by an accredited
large animal veterinarian, not more than 7 days be-
fore the delivery, stating that the veterinarian in-
spected the horse on a specified date.
‘‘SEC. 204. RECORDS.
‘‘(a) IN GENERAL.—A person engaged in the busi-
ness of transporting horses for slaughter shall establish
and maintain such records, make such reports, and pro-
vide such information as the Secretary may, by regulation,
require for the purposes of carrying out, or determining
compliance with, this subtitle.
‘‘(b) MINIMUM REQUIREMENTS.—The records shall
include, at a minimum—
‘‘(1) the veterinary certificate of inspection;
‘‘(2) the names and addresses of current owners
and consignors, if applicable, of the horses at the
time of sale or consignment to slaughter; and
‘‘(3) the bill of sale or other documentation of
sale for each horse.
‘‘(c) AVAILABILITY.—The records shall—
‘‘(1) accompany the horses during transport to
slaughter;
‘‘(2) be retained by any person engaged in the
business of transporting horses for slaughter for a
reasonable period of time, as determined by the Sec-
retary; and
‘‘(3) on request of an officer or employee of the
Department, be made available at all reasonable
times for inspection and copying by the officer or
employee.
‘‘SEC. 205. AGENTS.
‘‘(a) IN GENERAL.—For purposes of this title, the
act, omission, or failure of an individual acting for or em-
ployed by a person engaged in the business of transporting
horses for slaughter, within the scope of the employment
or office of the individual, shall be considered the act,
omission, or failure of the person engaging in the commer-
cial transportation of horses for slaughter as well as of
the individual.
‘‘(b) ASSISTANCE.—If a horse suffers a substantial
injury or illness while being transported for slaughter on
a vehicle, the driver of the vehicle should seek prompt as-
sistance from a large animal veterinarian.
‘‘SEC. 206. COOPERATIVE AGREEMENTS.
‘‘Not later than 180 days after the date of enactment
of this title, the Secretary shall, to the maximum extent
practicable, establish cooperative agreements and enter
into memoranda of agreement with appropriate Federal
and State agencies or political subdivisions of the agencies,
including State departments of agriculture, State law en-
forcement agencies, and foreign governments, to carry out
and enforce this title.
‘‘SEC. 207. INVESTIGATIONS AND INSPECTIONS.
‘‘(a) IN GENERAL.—The Secretary shall make such
investigations or inspections as the Secretary considers
necessary—
‘‘(1) to enforce this title (including any regula-
tion issued under this title); and
‘‘(2) pursuant to information regarding alleged
violations of this title provided to the Secretary by
a State official or any other person.
‘‘(b) ACCESS.—For the purposes of conducting an in-
vestigation or inspection under subsection (a), the Sec-
retary shall, at all reasonable times, have access to—
‘‘(1) the place of business of any person en-
gaged in the business of transporting horses for
slaughter;
‘‘(2) the facilities and vehicles used to transport
the horses; and
‘‘(3) records required to be maintained under
section 204.
‘‘(c) MINIMUM REQUIREMENT.—An investigation or
inspection shall include, at a minimum, an inspection by
an employee of the Department of all horses and vehicles
carrying horses, on the arrival of the horses and vehicles
at the slaughter facility.
‘‘(d) 
ASSISTANCE
TO
OR
DESTRUCTION
OF
HORSES.—The Secretary shall issue such regulations as
the Secretary considers necessary to permit employees or
agents of the Department to—
‘‘(1) provide assistance to any horse that is cov-
ered by this title (including any regulation issued
under this title); or
‘‘(2) destroy, in a humane manner, any such
horse found to be suffering.
‘‘SEC. 208. INTERFERENCE WITH ENFORCEMENT.
‘‘(a) IN GENERAL.—Subject to subsection (b), a per-
son who forcibly assaults, resists, opposes, impedes, in-
timidates, or interferes with any person while engaged in
or on account of the performance of an official duty of
the person under this title shall be fined not more than
$5,000 or imprisoned not more than 3 years, or both.
‘‘(b) WEAPONS.—If the person uses a deadly or dan-
gerous weapon in connection with an action described in
subsection (a), the person shall be fined not more than
$10,000 or imprisoned not more than 10 years, or both.
‘‘SEC. 209. JURISDICTION OF COURTS.
‘‘Except as provided in section 210(a)(5), a district
court of the United States in any appropriate judicial dis-
trict under section 1391 of title 28, United States Court,
shall have jurisdiction to specifically enforce this title, to
prevent and restrain a violation of this title, and to other-
wise enforce this title.
‘‘SEC. 210. CIVIL AND CRIMINAL PENALTIES.
‘‘(a) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—A person who violates this
title (including a regulation or standard issued
under this title) shall be assessed a civil penalty by
the Secretary of not more than $2,000 for each vio-
lation.
‘‘(2) SEPARATE OFFENSES.—Each horse trans-
ported in violation of this title shall constitute a sep-
arate offense. Each violation and each day during
which a violation continues shall constitute a sepa-
rate offense.
‘‘(3) HEARINGS.—No penalty shall be assessed
under this subsection unless the person who is al-
leged to have violated this title is given notice and
opportunity for a hearing with respect to an alleged
violation.
‘‘(4) FINAL ORDER.—An order of the Secretary
assessing a penalty under this subsection shall be
final and conclusive unless the aggrieved person files
an appeal from the order pursuant to paragraph (5).
‘‘(5) APPEALS.—Not later than 30 days after
entry of a final order of the Secretary issued pursu-
ant to this subsection, a person aggrieved by the
order may seek review of the order in the appro-
priate United States Court of Appeals. The Court
shall have exclusive jurisdiction to enjoin, set aside,
suspend (in whole or in part), or to determine the
validity of the order.
‘‘(6) NONPAYMENT OF PENALTY.—On a failure
to pay the penalty assessed by a final order under
this section, the Secretary shall request the Attorney
General to institute a civil action in a district court
of the United States or other United States court
for any district in which the person is found, resides,
or transacts business, to collect the penalty. The
court shall have jurisdiction to hear and decide the
action.
‘‘(b) CRIMINAL PENALTIES.—
‘‘(1) FIRST
OFFENSE.—Subject to paragraph
(2), a person who knowingly violates this title (or a
regulation or standard issued under this title) shall,
on conviction of the violation, be subject to imprison-
ment for not more than 1 year or a fine of not more
than $2,000, or both.
‘‘(2) SUBSEQUENT OFFENSES.—On conviction
of a second or subsequent offense described in para-
graph (1), a person shall be subject to imprisonment
for not more than 3 years or to a fine of not more
than $5,000, or both.
‘‘SEC. 211. PAYMENTS FOR TEMPORARY OR MEDICAL AS-
SISTANCE FOR HORSES DUE TO VIOLATIONS.
‘‘From sums received as penalties, fines, or forfeit-
ures of property for any violation of this title (including
a regulation issued under this title), the Secretary shall
pay the reasonable and necessary costs incurred by any
person in providing temporary care or medical assistance
for any horse that needs the care or assistance due to a
violation of this title.