I 
109TH CONGRESS 
1ST SESSION H. R. 3931 
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 
SEPTEMBER 28, 2005 
Mr. ACKERMAN (for himself, Mr. LATOURETTE, Mr. VAN HOLLEN, Mr. SIM-
MONS, Mr. GRIJALVA, Mr. BLUMENAUER, Mr. WEXLER, Mrs. TAUSCHER, 
Mr. GEORGE MILLER of California, Mr. NADLER, Mr. CROWLEY, Ms. 
ESHOO, Ms. KAPTUR, Mrs. MCCARTHY, Mr. MORAN of Virginia, Mr. 
BROWN of Ohio, Mr. ROTHMAN, Mr. MOORE of Kansas, Ms. LEE, Mr. 
SHERMAN, Mr. MCNULTY, Mr. DICKS, Mr. KENNEDY of Rhode Island, 
Mr. HOLT, Ms. SOLIS, Mr. FRANK of Massachusetts, Mr. LARSON of 
Connecticut, Mr. KIRK, Ms. SCHAKOWSKY, Mr. STARK, Mr. HONDA, Mr. 
MCGOVERN, Mr. MCDERMOTT, Mr. ISRAEL, Ms. KILPATRICK of Michi-
gan, Ms. BORDALLO, Ms. JACKSON-LEE of Texas, Mr. RUSH, Ms. NOR-
TON, Mr. OWENS, Mr. KUCINICH, Mr. OLVER, Mr. PALLONE, Ms. WOOL-
SEY, Mr. SABO, Mr. NEAL of Massachusetts, Mr. LANGEVIN, Mr. UDALL 
of Colorado, Mr. SERRANO, Ms. LINDA T. SA´NCHEZ of California, Mr. 
INSLEE, Mr. BARTLETT of Maryland, Mr. ABERCROMBIE, Ms. ZOE 
LOFGREN of California, Mr. KILDEE, Mr. MEEHAN, Mr. FARR, Mrs. 
DAVIS of California, Mr. GUTIERREZ, Mrs. NAPOLITANO, Mr. SCHIFF, 
Mr. WEINER, Mr. PASCRELL, Mr. LANTOS, Mr. RYAN of Ohio, Mr. 
LEWIS of Georgia, Mr. PAYNE, Mrs. BIGGERT, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. TOWNS, Mr. FOLEY, Mrs. MALONEY, Mr. UDALL 
of New Mexico, Ms. CARSON, Mr. BRADY
of Pennsylvania, Mr. 
CUMMINGS, Mrs. CAPPS, Ms. MCCOLLUM of Minnesota, Mr. RANGEL, 
Mr. SHAYS, Mr. WELDON of Pennsylvania, Mrs. LOWEY, Mr. FERGUSON, 
Ms. BERKLEY, Mr. DEFAZIO, Mr. SMITH of New Jersey, Mr. KING of 
New York, Mr. SANDERS, Mr. TIERNEY, Mr. WOLF, Mr. GERLACH, Mr. 
ENGLISH of Pennsylvania, Mr. MARKEY, Mr. GALLEGLY, Mrs. KELLY, 
Mr. BERMAN, Mr. SAXTON, and Mr. WYNN) 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 Pro-
tection Act’’. 
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: 
‘‘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, sheep, 
swine, goats, or horses, mules, or other equines, 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 
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. 
‘‘(d) MOVEMENT.— 
‘‘(1) IN GENERAL.—A covered entity shall not 
move nonambulatory livestock while the non-
ambulatory livestock are conscious. 
‘‘(2) UNCONSCIOUSNESS.—In the case of any 
nonambulatory livestock that are moved, the covered 
entity shall ensure that the nonambulatory livestock 
remain unconscious until death. 
‘‘(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 or other em-
ployee of an establishment shall label, mark, stamp, 
or tag as ‘inspected and condemned’ any material 
described in paragraph (1).’’. 
(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). 
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