Downed Animal Protection Act (Introduced in the Senate)

S 267 IS

107th CONGRESS

1st Session

S. 267

To amend the Packers and Stockyards Act of 1921, to make it unlawful for any stockyard owner, market agency, or dealer to transfer or market nonambulatory livestock, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 6, 2001

Mr. AKAKA (for himself, Mr. REID, Mr. LEVIN, Mr. SCHUMER, Mr. GRAHAM, Mr. GREGG, Mr. TORRICELLI, Mrs. BOXER, and Mr. SMITH of New Hampshire) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Packers and Stockyards Act of 1921, to make it unlawful for any stockyard owner, market agency, or dealer to transfer or market nonambulatory livestock, and for other purposes.

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

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

    `(a) DEFINITIONS- In this section:
      `(1) HUMANELY EUTHANIZED- 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) NONAMBULATORY LIVESTOCK- 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.'.
    (b) EFFECTIVE DATE-
      (1) IN GENERAL- The amendment made by subsection (a) takes effect 1 year after the date of the enactment of this Act.
      (2) REGULATIONS- Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendment.