Date: 2007-01-25
Speaker: BARBARA BOXER (democrat)
Chamber: S

DCA. DIANNE FEINSTEIN. DCA. and ROBERT MENENDEZ. DNJ to introduce the Downed Animal and Food Safety Protection Act of 2007. legislation intended to protect people from the unnecessary spread of disease. This bill. which has bipartisan support. would prohibit the use of nonambulatory animals for human consumption. Nonambulatory animals. also known as downed animals. are livestock such as cattle. sheep. swine. goats. horses. mules. or other equines that are too sick to stand or walk unassisted. Many of these animals are dying from infectious diseases and present a significant pathway for the spread of disease. The safety of our Nations food supply is of the utmost importance. With the presence of bovine spongiform encephalopathy. BSE. also known as madcow disease. and other strains of transmissible spongiform encephalopathies. TSE. which are related animal diseases found not only in nearby countries but also in the United States. it is important that we take all measures necessary to ensure that our food is safe. Currently. before slaughter. the United States Department of Agricultures. USDA. Food Safety Inspection Service. FSIS. diverts downer livestock only if they exhibit clinical signs associated with BSE. Routinely. BSE is not correctly distinguished from many other diseases and conditions that show similar symptoms. The antemortem inspection that is currently used in the United States is very similar to the inspection process in Europe. which has proved to be inadequate for detecting BSE. Consequently. if BSE were present in a U.S. downed animal. it could currently be offered for slaughter. If the animal showed no clinical signs of the disease. the animal would then pass an antemortem inspection. making the diseased animal available for human consumption. The BSE agent could then crosscontaminate the normally safe muscle tissue during slaughter and processing. The disposal. of downer livestock would ensure that the BSE agent would not be recycled to contaminate otherwise safe meat. There are other TSE diseases already known to us such as scrapie that affects sheep and goats. chronic wasting disease in deer and elk. and classic CreutzfeldtJakob Disease in humans. all of which are present in the United States. Because our knowledge of such diseases is limited. the inclusion of horses. mules. swine. and other equine in this act are a necessary precaution. This precautionary measure is needed in order to ensure that the human population is not affected by diseased livestock. The Food and Drug Administration. FDA. has already created regulations that prevent imports of all live cattle and other ruminants and certain ruminant products from countries where BSE is known to exist. In 1997. the FDA placed a prohibition on the use of all mammalian protein. with a few exceptions. in animal feed given to cattle and other ruminants. These regulations are a good start in protecting us from the possible spread of BSE. however. they do not go far enough. because they still allow the processing of downer cattle. According to a study performed by the Harvard School of the Public Health in conjunction with the USDA and surveillance data from European countries. downer cattle are at high risk for BSE. According to the Harvard Study. the removal of nonambulatory cattle from the population intended for slaughter would reduce the probability of spreading BSE by 82 percent. The USDA and the FDA have acknowledged that downed animals serve as a potential pathway for the spread of BSE. While both have entertained the idea of prohibiting the rendering of downed cattle. they have taken no formal action. It is imperative that we. Congress. ensure that downer livestock does not enter our food chain. and the best way to accomplish this task is to codify the prohibition of downer livestock from entering our food supply. The Downed Animal Protection Act fills a gap in the current USDA and FDA regulations. The bill calls for the humane euthanization of nonambulatory livestock. both for interstate and foreign commerce. The euthanization of nonambulatory livestock would remove this high risk population from the portion of livestock reserved for our consumption. Due to the presence of other TSE diseases found throughout other species of livestock. all animals that fit under the definition of livestock will be included in this bill. The benefits of my bill are numerous. for both the public and the industry. On the face of it. the bill will prevent needless suffering by humanely euthanizing nonambulatory animals. The removal of downed animals from our products will insure that they are safer and of better quality. The reduction in the likelihood of disease would result in safer working conditions for persons handling livestock. This added protection against disease would help the flow of livestock and livestock products in interstate and foreign commerce. making commerce in livestock more easily attainable. January 25.- 2007 Some individuals fear that this bill would place an excessive financial burden on the livestock industry. I want to remind my colleagues that one single downed cow in Canada diagnosed with BSE in 2003 shut down the worlds third largest beef exporter. It is estimated that the Canadian beef industry lost more than $1 billion when more than 30 countries banned Canadian cattle and beef upon the discovery of BSE. As the Canadian cattle industry continues to recover from its economic loss. it is prudent for the United States to be proactive in preventing BSE and other animal diseases from entering our food chain. Today. the USDA has increased its efforts to test approximately ten percent of downed cattle per year for BSE. However. it is my understanding that the USDA is looking to revisit this issue. I do not believe that now is the time to lower our defenses. We must protect our livestock industry and human health from diseases such as BSE. This bill reduces the threat of passing diseases from downed livestock to our food supply. It ensures downed animals will not be used for human consumption. It also requires higher standards for food safety and protects the human population from diseases and the livestock industry from economic distress. American consumers should be able to rely on the Federal Government to ensure that meat and meat byproducts are safe for human consumption. I urge my colleagues to support this important bill. I ask unanimous consent that the text of the measure be printed in the RECORD.