cat-book.gif (137497 bytes)cat-book-l.jpg (4482 bytes)

Animals In Print
The On-Line Newsletter

12 November 2001 Issue

SPECIAL EDITION:
HUMANE HANDLING OF ANIMALS?
THE “DOWNED” ANIMAL PROTECTION LEGISLATION CONTROVERSY

Source staff: VeganRadfem@aol.com 

{Texts of the bills mentioned in this article are printed below it.}

nl-12nov2001-sheep_downed1.jpg (42438 bytes)The Humane Farming Association (HFA) has issued an alert about H.R. 2646, the “downed” animal protection amendment which recently passed the House of Representatives as a attachment to the Farm Bill (see issue #34).  It warns that language from the “Downed Animal Protection Act” (H.R. 1421) was detrimentally altered prior to being amended to the bill.  The criminal violations and the civil penalty sections were removed, and an exemption was added which allows nonambulatory animals who receive relevant veterinary care to be marketed.  HFA alleges that the current amendment “ALLOWS the continued abuse and exploitation of critically ill and injured animals - and has NO CRIMINAL PENALTIES - even for the most egregious offences (sic).”  The organization is urging advocates to contact legislators and request support of only the full language contained in H.R. 1421.

( Photo-above: Downed sheep, dying slowly, at Texas stockyard.  Photo-below: A downed, disemboweled calf is left to suffer at a Pennsylvania stockyard.  Stockyard workers refused to humanely euthanize him.)

nl-12nov2001-calf_downed1.jpg (17517 bytes)The Humane Society of the United States (HSUS) and Farm Sanctuary are the main proponents of the amendment.  In response to HFA’s accusations, HSUS’s Wayne Pacelle released a statement pointing out that the legislation is an amendment to the Packers and Stockyards Act (PSA).  He states that penalty provisions in the PSA will apply to violations of the amendment.  Pacelle asserts that if an operator is found in violation, government agents may issue a complaint.  If, after a hearing, the operator is found guilty, an order would be issued that may include a cease and desist order and a fine of up to $10,000.

[Editorial note: Though H.R. 2646 is directed at stockyard operators, this PSA penalty provision appears to instead be directed at slaughterplant operators (“packers”).  A staff member at the office of the bill’s sponsor, Rep. Ackerman, said penalties for violations of H.R. 2646 will be determined by the Secretary of Agriculture within one year of its enactment.]

Pacelle compared the amendment to a long standing, widely supported Senate version of the “Downed Animal Protection Act” (S. 267), with but one substantive change.   The amendment exempts from its coverage animals who have received veterinary care intended to enable them to walk again.  He explained that efforts are underway to add language “specifying that veterinary care is the only means by which downed animals may be encouraged to walk and that if the care is insufficient, the animal must be humanely euthanized.”

nl-12nov2001-cow_downed1.jpg (24668 bytes)Farm Sanctuary also issued a statement which concurred with the HSUS statement in accusing HFA of being in league with industry in its opposition to the amendment.  In it, Gene Bauston notes that the amendment requires that nonambulatory animals either receive veterinary care or be euthanized. Bauston also mentions that the amendment “utilizes existing penalties in the Packers and Stockyards Act which carry fines up to $10,000.”  Farm Sanctuary points out the urgent need for federal protection of these animals, as did the HSUS statement.

(Photo-left: A downed cow is left to suffer at a New York stockyard. She was dragged off a truck by a rope tied around her head - the other end of the rope was tied to a post and she was unloaded when the truck drove off.)

Some other animal protection organizations have voiced their opposition to the amendment.  Friends of Animals, United Poultry Concerns, and the International Society for the Protection of Exotic Animal Kind & Livestock (ISPEAK) argue against allowing animals who have received veterinary care from being exempted.  Also noted is the need for specific criminal penalties.   ISPEAK further contends that a federal law that exempts animals might be used to interfere with state cruelty laws that could protect them.

“The Farm Bill Downer Amendment: Criminal Penalties DROPPED – Industry Exemptions ADDED,” Humane Farming Association Legislative Alert, October 25, 2001.   http://www.hfa.org/downer.html 

“Downed Animal Amendment Good for Animals, A Response,” Wayne Pacelle, The Humane Society of the United States, November 1, 2001.

“Downed Animal Amendment Good for Animals?” ISPEAKInc, AR-News, November 1, 2001.

“VOTE NO ON THE ‘DOWNER AMENDMENT,’” Charles Chambers, Jr., Friends of Animals, AR-News, November 2, 2001.  http://www.envirolink.org/express/ar-news.html

"Downed Animal Bill Passes House of Representatives," No Downers.org, Farm Sanctuary. http://www.nodowners.org/dapa_hr.htm  

“H.R. 2646: Farm Security Act of 2001,”

“H.R. 1421: Downed Animal Protection Act,”

“S. 267: Downed Animal Protection Act,” http://thomas.loc.gov  

Title 7, Chapter 9: Packers and Stockyards http://uscode.house.gov/title_07.htm  

H.R. 2646: FARM SECURITY ACT OF 2001

Sec. 945. Unlawful Stockyard Practices Involving Nonambulatory Livestock.

Title III of the Packers and Stockyards Act, 1921, (7 U.S.C. 201 et seq.) is amended by adding at the end the following:

`Sec. 318. Unlawful Stockyard Practices Involving Nonambulatory Livestock.

`(a) DEFINITIONS- In this section:

`(1) HUMANELY EUTHANIZE- The term `humanely euthanize' 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-

`(1) IN GENERAL- Except as provided in paragraph

(2), 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.

`(2) EXCEPTIONS-

`(A) NON-GIPSA FARMS- Paragraph (1) shall not apply to any farm the animal care practices of which are not subject to the authority of the Grain Inspection, Packers, and Stockyards Administration.

`(B) VETERINARY CARE- Paragraph (1) shall not apply in a case in which nonambulatory livestock receive veterinary care intended to render the livestock ambulatory.

`(c) APPLICATION OF PROHIBITION- Subsection (b) shall apply beginning one year after the date of the enactment of the Farm Security Act of 2001. By the end of such period, the Secretary shall promulgate regulations to carry out this section.'.Passed the House of Representatives October 5, 2001.

H.R. 1421: DOWNED ANIMAL PROTECTION ACT

A Bill 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.

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.

S. 267: DOWNED ANIMAL PROTECTION ACT

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.

Photos from Farm Sanctuary with our thanks.

Return to Animals in Print Table of Contents

STAFF
Staff Editor and Contributor:

Ljbeane1@aol.com
Staff Contributor and Advisor:
VeganRadfem@aol.com 
Sled Dog Action Coalition:
Glickman37@aol.com
Etceteras:
Glickman37@aol.com
Staff:
myREBAdog@worldnet.att.net   
Poems:
ZacisMyCat@aol.com
Ljbeane1@aol.com
Pawprints, Footprints & Animal Chatter:
SHORTIETEK@aol.com


If you do not normally receive this e-mail newsletter and would like to in the future, send email to Ljbeane1@aol.com  and write SUBSCRIBE in the subject.

dog_beg_md_blk.gif (2916 bytes)dog_bark_md_blk.gif (5011 bytes)If you would like to be removed from the email list, write UNSUBSCRIBE in the subject and mail to Ljbeane1@aol.com

Animals In Print provides a free newsletter for responsible animal rights advocacy.  There is no expressed or implied endorsement by Animals In Print staff of articles, stories, petitions or reported activities.  We exist to educate and motivate you to do all within your power to help end animal abuse and spread compassion.

dog_hydrant_md_blk.gif (16964 bytes)dog_drinking_toilet_sm_blk.gif (7103 bytes)Permission granted to post, reprint, forward or use any or all contents of newsletter, Animals In Print. Credit Animals In Print, http://www.all-creatures.org/aip/  

**COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research and educational purposes only. [Ref. http://www4.law.cornell.edu/uscode/17/107.html ]

All of the beliefs, ideas, and actions presented in this publication may not necessarily represent all those held by The Mary T. and Frank L. Hoffman Family Foundation, who host and maintain this site, and who seek only peaceful means of achieving a cruelty free society and unconditional love and compassion toward the whole of God's creation.

catrun.gif (9101 bytes)

| Home Page | Newsletter Directory |

Please send comments and submittals to the Editor: Linda Beane Ljbeane1@aol.com

Animals in Print - A Newsletter concerned with: advances, alerts, animal, animals, attitude, attitudes, beef, cat, cats, chicken, chickens, compassion, consciousness, cows, cruelty, dairy, dog, dogs, ecology, egg, eggs, education, empathy, empathize, empathise, environment, ethics, experiment, experiments, factory, farm, farms, fish, fishing, flesh, food, foods, fur, gentleness, health, human, humans, non-human, hunting, indifference, intelligent, intelligence, kindness, lamb, lambs, liberation, medical, milk, natural, nature, newsletters, pain, pig, pigs, plant, plants, poetry, pork, poultry, research, rights, science, scientific, society, societies, species, stories, study, studies, suffering, test, testing, trapping, vegetable, vegetables, vegan, veganism, vegetarian, vegetarianism, water, welfare (d-5)


This site is hosted and maintained by:
The Mary T. and Frank L. Hoffman Family Foundation
Thank you for visiting all-creatures.org.
Since date.gif (991 bytes)