United States is a party that expressly allow for
measures designed to protect the health and welfare
of animals and to enjoin the use of deceptive trade
practices in international or domestic commerce.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that horses in
the United States are not slaughtered for human con-
sumption by prohibiting—
(1) the slaughter of horses for human consump-
tion; and
(2) the trade in horseflesh for human consump-
tion or live horses destined for slaughter for human
consumption.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) EUTHANASIA.—The term ‘‘euthanasia’’
means to kill an animal humanely by chemical or
other means, excluding electrocution, that imme-
diately renders the animal unconscious, with this
state remaining until the animal’s swift death.
(2) EXPORT.—The term ‘‘export’’ means to
take from any place subject to the jurisdiction of the
United States to a place not subject to such jurisdic-
tion, whether or not the taking constitutes an expor-
tation within the meaning of the customs laws of the
United States.
(3) HORSE.—The term ‘‘horse’’ means all mem-
bers of the equid family, including horses, ponies,
donkeys, mules, asses, and burros.
(4) 
HORSEFLESH.—The 
term 
‘‘horseflesh’’
means the flesh of a dead horse, including the ani-
mal’s viscera, skin, hair, hide, hooves, and bones.
(5) HUMAN CONSUMPTION.—The term ‘‘human
consumption’’ means ingestion by people as a source
of food.
(6) IMPORT.—The term ‘‘import’’ means to
bring into any place subject to the jurisdiction of the
United States from a place not subject to such juris-
diction, whether or not the bringing constitutes an
importation within the meaning of the customs laws
of the United States.
(7) PERSON.—The term ‘‘person’’ means—
(A) an individual, corporation, partnership,
trust, association, or other private entity;
(B) an officer, employee, agent, depart-
ment, or instrumentality of—
(i) the Federal Government; or
(ii) any State, municipality, or polit-
ical subdivision of State; or
(C) any other entity subject to the jurisdic-
tion of the United States.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(9) SLAUGHTER.—The term ‘‘slaughter’’ means
the commercial slaughter of a horse.
(10) STATE.—The term ‘‘State’’ means the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands,
American Samoa, and any other territory, or posses-
sion of the United States.
(11) 
TRANSPORT.—The 
term 
‘‘transport’’
means to move by any means, or to receive or load
onto a vehicle for the purpose of movement.
(12) UNITED
STATES.—The term ‘‘United
States’’ means the customs territory of the United
States, as defined in general note 2 of the Har-
monized Tariff Schedule of the United States.
SEC. 5. PROHIBITED ACTS.
(a) IN GENERAL.—A person shall not—
(1) slaughter a horse for human consumption;
(2) import into, or export from, the United
States horseflesh for human consumption or live
horses intended for slaughter for human consump-
tion;
(3) sell or barter, offer to sell or barter, pur-
chase, possess, transport, deliver, or receive horse-
flesh for human consumption or live horses intended
for slaughter for human consumption; or
(4) solicit, request, or otherwise knowingly
cause any act prohibited under paragraph (1), (2),
or (3).
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) CRIMINAL PENALTIES.—A person who violates
section 5 shall be fined under title 18, United States Code,
imprisoned for not more than 1 year, or both.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person who violates any
provision of section 5 shall, in addition to any other
civil or criminal penalty that may be imposed under
title 18, United States Code, or any other provision
of law, be assessed, by the Secretary, a civil penalty
of not more than $5,000 but not less than $2,500,
and shall have confiscated all horses in that person’s
physical or legal possession at the time of arrest, if
said horses are intended for slaughter.
(2) DEBARMENT.—The Secretary shall prohibit
a person from importing, exporting, transporting,
trading, or selling horses in the United States, if the
Secretary finds that the person has engaged in a
pattern or practice of actions that has resulted in a
final administrative determination with respect to
the assessment of criminal or civil penalties for vio-
lations of any provision of this Act.
(c) NOTICE; HEARING.—No monetary penalty may
be assessed under this subsection against a person unless
the person is given notice and opportunity for a hearing
with respect to such violation in accordance with section
554 of title 5, United States Code.
(d) ENFORCEMENT.—
(1) IN GENERAL.—The provisions of this Act
shall be enforced by the Secretary. When imposing
penalties under this section, the Secretary shall take
into account the seriousness of the violation, the cul-
pability of the violator, and the violator’s record of
cooperating with the Government in disclosing the
violation.
(2) PLACEMENT OF CONFISCATED HORSES.—
(A) TEMPORARY PLACEMENT.—After con-
fiscation of a live horse pursuant to this Act,
the arresting authorities shall work with animal
welfare societies and animal control depart-
ments to ensure the temporary placement of the
horse with an animal rescue facility that is an
organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is ex-
empt from taxation under section 501(a) of
such Code, while the person charged with vio-
lating this Act is prosecuted. If placement at
such a facility is not possible, the arresting au-
thorities shall work with animal welfare soci-
eties and animal control departments to tempo-
rarily place the horse with a facility that has as
its primary purpose the humane treatment of
animals, or another suitable location.
(B) BONDS.—
(i) POSTING OF BOND.—The owner of
a horse confiscated pursuant to this Act
may prevent permanent placement of the
horse by the facility that has temporary
custody of the horse by posting a bond
with the court in an amount the court de-
termines is sufficient to provide for the
necessary care and keeping of the horse for
at least 60 days, including the day on
which the horse was taken into custody.
Such bond shall be filed with the court
within 10 days after the horse is con-
fiscated. If a bond is not so posted, the
custodial facility shall determine perma-
nent placement of the horse in accordance
with reasonable practices for the humane
treatment of animals. If the animal has
not yet been returned to the owner at the
end of the time for which expenses are cov-
ered by the bond, and if the owner desires
to prevent permanent placement of the ani-
mal by the custodial facility, the owner
shall post a new bond with the court within
ten days following the prior bond’s expira-
tion. If a new bond is not so posted, the
custodial facility shall determine perma-
nent placement of the horse in accordance
with reasonable practices for the humane
treatment of animals.
(ii) COSTS FOR PROVIDING CARE FOR
HORSE
DEDUCTED
FROM
BOND.—If a
bond has been posted in accordance with
clause (i), the custodial facility may draw
from the bond the actual reasonable costs
incurred by the facility in providing the
necessary care and keeping of the con-
fiscated horse from the date of the initial
confiscation to the date of final disposition
of the horse in the criminal action charg-
ing a violation of this Act.
(C) PERMANENT PLACEMENT.—Any horse
confiscated pursuant to this Act and not re-
turned to the owner thereafter (except where
otherwise provided in paragraph (3)) shall be
placed permanently with an animal rescue facil-
ity or other suitable facility as described in this
section upon—
(i) the conviction of the horse’s owner
pursuant to this Act;
(ii) the owner’s surrender of the
horse;
(iii) the failure of the horse’s owner to
post a bond as required in accordance with
subparagraph (B); or
(iv) the Secretary’s inability to iden-
tify the owner.
(3) EUTHANASIA OF HORSES.—
(A) HORSES PAST RECOVERY.—The Sec-
retary or any individual charged with enforcing
this Act shall order or perform the immediate
euthanasia of any confiscated horse when such
horse is injured, disabled, or diseased past re-
covery. Methods used shall be in accordance
with the most recent Report of the American
Veterinary Medical Association’s Panel on Eu-
thanasia and State and local laws, but shall not
include electrocution.
(B) UNPLACEABLE
HORSES.—The Sec-
retary or any individual charged with enforcing
this Act may order or perform the euthanasia
of any confiscated horse when placement at an
animal rescue facility or other suitable facility,
as described in this section, is not possible with-
in 30 days of any circumstance as described in
Section 6(d)(2)(C).
(e) FUNDING OF ANIMAL RESCUE FACILITIES.—
(1) GRANTS.—To the extent that funds are
made available for this purpose by Acts of appro-
priation, the Secretary shall make grants to animal
rescue facilities described in this section that have
given adequate assurances to the Secretary that they
are willing to accept horses confiscated pursuant to
this Act.
(2) PENALTIES, FINES, AND FORFEITED PROP-
ERTY.—Amounts received as penalties, fines, or for-
feited property under this Act shall be used for the
care of any live horses seized from violators of this
Act and taken into the possession of the United
States or placed with an animal rescue facility as de-
scribed in this section.
(f) CALCULATION OF VIOLATIONS.—For purposes of
this section, a separate offense shall be calculated as fol-
lows:
(1) Each live horse transported, traded, or pos-
sessed in violation of this Act shall constitute a sepa-
rate offense.
(2) Five hundred pounds of confiscated horse-
flesh shall constitute a separate offense.
SEC. 7. REPORT ON ENFORCEMENT EFFORTS.
Not later than 2 years after the date of the enact-
ment of this Act, and on an annual basis thereafter, the
Secretary shall submit a report to Congress on the efforts
of the United States Government to enforce the provisions
of this Act and the adequacy of the resources to do so.
SEC. 8. EXEMPTIONS.
(a) IN GENERAL.—Except as provided in section 5,
nothing in this Act shall be construed to affect the regula-
tion by any State of its horse population.
(b) EXCEPTION FOR DESIGNATED LAW ENFORCE-
MENT OFFICIAL PURPOSES.—A person described in sec-
tion 4(7)(B) may engage in activities described in para-
graphs (2), (3), and (4) of section 5 solely for purposes
of enforcing this Act.
SEC. 9. DATE OF ENFORCEMENT.
This Act shall take effect one year after the date of
the enactment of this Act.
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