I 
112TH CONGRESS 
1ST SESSION H. R. 3704 
To amend the Humane Methods of Livestock Slaughter Act of 1958 to 
ensure the humane slaughter of nonambulatory livestock, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2011 
Mr. ACKERMAN (for himself, Mr. KING of New York, Mr. MORAN, Ms. JACK-
SON LEE of Texas, Mr. GEORGE MILLER of California, Mrs. LOWEY, Mr. 
KUCINICH, Ms. BORDALLO, Mr. BLUMENAUER, Mr. MICHAUD, and Ms. 
SCHAKOWSKY) introduced the following bill; which was referred to the 
Committee on Agriculture 
A BILL 
To amend the Humane Methods of Livestock Slaughter Act 
of 1958 to ensure the humane slaughter of non-
ambulatory livestock, 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 livestock in interstate and 
foreign commerce— 
(1) prevents needless suffering; 
(2) results in safer and better working condi-
tions for persons handling livestock; 
(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 livestock; and 
(4) produces other benefits for producers, proc-
essors, and consumers that tend to expedite an or-
derly flow of livestock and livestock products in 
interstate foreign commerce. 
(b) DECLARATION OF POLICY.—It is the policy of the 
United States that all nonambulatory livestock in inter-
state and foreign commerce shall be immediately and hu-
manely euthanized when such livestock become non-
ambulatory. 
SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING 
NONAMBULATORY LIVESTOCK. 
(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 LIVESTOCK. 
‘‘(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 LIVESTOCK.—The term 
‘nonambulatory livestock’ means any cattle (includ-
ing calves), sheep, swine, goats, or horses, mules, or 
other equines, that will not stand and walk unas-
sisted. 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture. 
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‘‘(b) HUMANE TREATMENT, HANDLING, AND DIS-
POSITION.—The Secretary shall promulgate regulations to 
provide for the humane treatment, handling, and disposi-
tion of all nonambulatory livestock by covered entities, in-
cluding a requirement that nonambulatory livestock be hu-
manely 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 livestock. 
‘‘(2) DISEASE TESTING.—Paragraph (1) shall 
not limit the ability of the Secretary to test non-
ambulatory livestock for a disease, such as Bovine 
Spongiform Encephalopathy, provided that such live-
stock are humanely euthanized immediately after 
such livestock are tested for such disease. 
‘‘(d) MOVEMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
covered entity shall not move nonambulatory live-
stock. 
‘‘(2) 
DISEASE
TESTING.—Notwithstanding 
paragraph (1), a covered entity may humanely move 
nonambulatory livestock if required for a specific 
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test for disease if the livestock is unconscious until 
euthanized in accordance with subsection (c). 
‘‘(e) INSPECTIONS.— 
‘‘(1) IN GENERAL.—It shall be unlawful for an 
inspector at an establishment to pass through in-
spection any nonambulatory livestock or carcass (in-
cluding parts of a carcass) of nonambulatory live-
stock. 
‘‘(2) LABELING.—An inspector shall label, 
mark, stamp, or tag as ‘inspected and condemned’ 
any material described in paragraph (1). 
‘‘(f) VIOLATIONS.—A covered entity who violates a 
provision of this section shall upon conviction be fined not 
more than $5,000, imprisoned not more than one year, 
or both. 
‘‘(g) 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, or which create penalties for conduct regulated by 
this section.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a) 
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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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