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 re-
ferred 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. 
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 ‘‘Downed Animal and 
Food Safety Protection Act’’. 
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SEC. 2. FINDING AND DECLARATION OF POLICY. 
(a) FINDING.—Congress finds that the humane 
euthanization of nonambulatory cattle in interstate and 
foreign commerce— 
(1) prevents needless suffering; 
(2) results in safer and better working condi-
tions for persons handling cattle; 
(3) brings about improvement of products and 
reduces the likelihood of the spread of diseases that 
have a great and deleterious impact on interstate 
and foreign commerce in cattle; and 
(4) produces other benefits for producers, proc-
essors, and consumers that tend to expedite an or-
derly flow of cattle and cattle products in interstate 
foreign commerce. 
(b) DECLARATION OF POLICY.—It is the policy of the 
United States that all nonambulatory cattle in interstate 
and foreign commerce shall be immediately and humanely 
euthanized when such cattle become nonambulatory. 
SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING 
NONAMBULATORY CATTLE. 
(a) IN GENERAL.—Public Law 85–765 (commonly 
known as the ‘‘Humane Methods of Slaughter Act of 
1958’’) (7 U.S.C. 1901 et seq.) is amended by inserting 
after section 2 (7 U.S.C. 1902) the following: 
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‘‘SEC. 3. NONAMBULATORY CATTLE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means— 
‘‘(A) a stockyard; 
‘‘(B) a market agency; 
‘‘(C) a dealer; 
‘‘(D) a packer; 
‘‘(E) a slaughter facility; or 
‘‘(F) an establishment. 
‘‘(2) ESTABLISHMENT.—The term ‘establish-
ment’ means an establishment that is covered by the 
Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.). 
‘‘(3) HUMANELY EUTHANIZE.—The term ‘hu-
manely euthanize’ means to immediately render an 
animal unconscious by mechanical, chemical, or 
other means, with this state remaining until the 
death of the animal. 
‘‘(4) NONAMBULATORY
CATTLE.—The term 
‘nonambulatory cattle’ means any cattle (including a 
calf) that will not stand and walk unassisted. 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture. 
‘‘(b) HUMANE TREATMENT, HANDLING, AND DIS-
POSITION.—The Secretary shall promulgate regulations to 
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provide for the humane treatment, handling, and disposi-
tion of all nonambulatory cattle by covered entities, includ-
ing a requirement that nonambulatory cattle be humanely 
euthanized. 
‘‘(c) HUMANE EUTHANASIA.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
when an animal becomes nonambulatory, a covered 
entity shall immediately humanely euthanize the 
nonambulatory cattle. 
‘‘(2) DISEASE TESTING.—Paragraph (1) shall 
not limit the ability of the Secretary to test non-
ambulatory cattle for a disease, such as Bovine 
Spongiform Encephalopathy. 
‘‘(d) MOVEMENT.— 
‘‘(1) IN GENERAL.—A covered entity shall not 
move nonambulatory cattle while the nonambulatory 
cattle are conscious. 
‘‘(2) UNCONSCIOUSNESS.—In the case of any 
nonambulatory cattle that are moved, the covered 
entity shall ensure that the nonambulatory cattle re-
main unconscious until death. 
‘‘(e) INSPECTIONS.— 
‘‘(1) IN GENERAL.—It shall be unlawful for an 
inspector at an establishment to pass through in-
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spection any nonambulatory cattle or carcass (in-
cluding parts of a carcass) of nonambulatory cattle. 
‘‘(2) LABELING.—An inspector or other em-
ployee of an establishment shall label, mark, stamp, 
or tag as ‘inspected and condemned’ any material 
described in paragraph (1). 
‘‘(f) EFFECT ON STATE LAW.—This section shall not 
be construed to preempt any law or regulation of a State 
or a political subdivision of a State containing require-
ments that are greater than the requirements of this sec-
tion.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a) 
takes effect on the date that is 1 year after the date 
of enactment of this Act. 
(2) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Agriculture shall promulgate final regulations to im-
plement the amendment made by subsection (a). 
Æ 
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