Downed Animal Protection Act (Introduced in the House)

HR 1421 IH

107th CONGRESS

1st Session

H. R. 1421

To amend the Packers and Stockyards Act, 1921, to make it unlawful for any stockyard owner, market agency, or dealer to transfer or market nonambulatory cattle, sheep, swine, horses, mules, or goats, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 4, 2001

Mr. ACKERMAN (for himself, Mr. ALLEN, Ms. BALDWIN, Mr. BASS, Mr. BERMAN, Mr. BLUMENAUER, Mr. BORSKI, Mr. CLYBURN, Mr. CONYERS, Mr. CROWLEY, Mr. DELAHUNT, Mr. DEUTSCH, Mr. DOYLE, Mr. ENGEL, Mr. EVANS, Mr. FILNER, Mr. FOLEY, Mr. FRANK, Mr. FRELINGHUYSEN, Mr. GILMAN, Mr. GOSS, Mr. HINCHEY, Mr. HOLT, Mr. HORN, Mr. INSLEE, Mrs. KELLY, Mr. KILDEE, Mr. KLECZKA, Mr. KUCINICH, Mr. LANTOS, Mr. LEWIS of Georgia, Mr. LIPINSKI, Mrs. LOWEY, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MEEHAN, Mr. GEORGE MILLER of California, Mr. MOORE, Mr. NADLER, Mr. NEAL of Massachusetts, Mr. PALLONE, Mr. PASCRELL, Ms. PELOSI, Mr. PHELPS, Ms. RIVERS, Mrs. ROUKEMA, Mr. SABO, Mr. SMITH of Washington, Mr. SMITH of New Jersey, Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of Colorado, Mr. WEINER, Ms. WOOLSEY, Mrs. MALONEY of New York, Ms. MCKINNEY, Mrs. MORELLA, Mr. STARK, Mr. RANGEL, Ms. JACKSON-LEE of Texas, Mr. MALONEY of Connecticut, Mrs. MCCARTHY of New York, Mr. WEXLER, Mr. SHAYS, Mrs. TAUSCHER, Mr. ABERCROMBIE, Ms. SLAUGHTER, Ms. KILPATRICK, Mr. GALLEGLY, Ms. CARSON of Indiana, Mr. BARCIA, Ms. SCHAKOWSKY, Mr. DEFAZIO, Mr. ANDREWS, Ms. DELAURO, Mr. RUSH, Mrs. JOHNSON of Connecticut, Mr. WOLF, Mr. BONIOR, Mr. HYDE, Ms. ROYBAL-ALLARD, and Mrs. CLAYTON) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Downed Animal Protection Act'.

SEC. 2. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.

(a) UNLAWFUL PRACTICES- Title III of the Packers and Stockyards Act, 1921, is amended by inserting after section 317 (7 U.S.C. 217a) the following new section:

`SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.

`(a) DEFINITIONS- In this section:

`(1) The term `humanely euthanized' means to kill an animal by mechanical, chemical, or other means that immediately render the animal unconscious, with this state remaining until the animal's death.

`(2) The term `nonambulatory livestock' means any livestock that is unable to stand and walk unassisted.

`(b) UNLAWFUL PRACTICES- It shall be unlawful for any stockyard owner, market agency, or dealer to buy, sell, give, receive, transfer, market, hold, or drag any nonambulatory livestock unless the nonambulatory livestock has been humanely euthanized.

`(c) CIVIL PENALTY- The Secretary shall assess a civil penalty of not more than $2,500 against any stockyard owner, market agency, or dealer that violates this section or any regulation or order of the Secretary under this section. A penalty under this subsection shall be assessed by the Secretary on the record after an opportunity for a hearing. Each day on which a violation occurs and each instance of prohibited action against nonambulatory livestock shall be considered a separate violation.

`(d) CRIMINAL VIOLATIONS- Any stockyard owner, market agency, or dealer that knowingly violates this section or any regulation or order of the Secretary under this section shall be fined under title 18, United States Code, imprisoned for not more than one year, or both, for each violation.'.

(b) EFFECTIVE DATE; RULES- Section 318 of the Packers and Stockyards Act, 1921, as added by subsection (a), shall take effect at the end of the one-year period beginning on the date of the enactment of this Act. By the end of such period, the Secretary shall issue such rules as are necessary to implement such section.