‘(a) Definitions- In this section:
‘(1) COVERED ENTITY- The term ‘covered entity’ means--
‘(2) ESTABLISHMENT- The term ‘establishment’ means an establishment that is covered by the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
‘(3) HUMANELY EUTHANIZE- The term ‘humanely 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 (including calves), 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 Disposition- The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including a requirement that nonambulatory livestock be humanely 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 nonambulatory livestock for a disease, such as Bovine Spongiform Encephalopathy, provided that such livestock 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 livestock.
‘(2) DISEASE TESTING- Notwithstanding paragraph (1), a covered entity may humanely move nonambulatory livestock if required for a specific 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 inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock.
‘(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 requirements that are greater than the requirements of this section, or which create penalties for conduct regulated by this section.’.
(b) Effective Date-
(1) IN GENERAL- Except as provided in paragraph (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 implement the amendment made by subsection (a).
U.S. Congress - Text of H.R.3704 as Introduced in House Downed Animal and Food Safety Protection Act
