Equine Protection Network -Commercial Transportation of Horses to Slaughter Bill of 1994

Commercial Transportation of Horses to Slaughter Act Legislative History

1994 Senate Bill S-2522

Bill died in committee

Read the CA Equine Council's Arguments Opposing this bill. Cathleen Doyle predicted what would happen if this bill passed-horses would be subjected to water deprivation studies-they were and your tax dollars paid for it! Carolyn Stull, Ted Friend, and Temple Grandin conducted the studies.

103d CONGRESS

2d Session

S. 2522

To amend the Federal Humane Methods of Livestock Slaughter Act to authorize the Secretary of Agriculture to regulate the commercial transportation of horses for slaughter, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 6 (legislative day, SEPTEMBER 12), 1994
Mr. MCCONNELL introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

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A BILL

To amend the Federal Humane Methods of Livestock Slaughter Act to authorize the Secretary of Agriculture to regulate the commercial transportation of horses for slaughter, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the `Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994'.

SEC. 2.

The Act of August 27, 1958, as amended (7 U.S.C. 1901-1906) is amended by inserting as a second title the following:

`TITLE II--COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER

SEC. 201.

In order to ensure that horses sold for slaughter are provided humane treatment and care it is essential to regulate the transportation, care, handling, and treatment of horses by any person engaged in the commercial transportation of horses for slaughter.

`SEC. 202. When used in this title--

`(a) the term `person' means an individual, partnership, firm, company, corporation, or association;

`(b) the term `Secretary' means the Secretary of Agriculture of the United States or his representative who shall be an employee of the United States Department of Agriculture;

`(c) the term `commercial transportation' means trade, traffic, commerce and transportation among the several States, or between any State, territory, possession, or the District of Columbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territories, or possession, or the District of Columbia, or the Commonwealth of Puerto Rico, but through any place outside thereof; or within any territory, possession, or the District of Columbia;

`(d) the terms `horse', `horses', and `equine' include all members of the family Equidae; and

`(e) the term `vehicle' means any machine, truck, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the commercial transportation of horses for slaughter.

`SEC. 203.

(a) The Secretary shall promulgate by rule, within six months after the date of enactment of this title, standards to govern the humane commercial transportation of horses for slaughter. Such standards shall include minimum requirements with respect to the humane handling care, treatment, and equipment necessary to ensure the safe and humane transportation of horses for slaughter.

`(b) The standards to be promulgated pursuant to subsection (a) herein shall require, at a minimum, that:

`(1) No horse shall be transported for more than 24 hours without being unloaded from the vehicle and allowed to rest for at least 8 consecutive hours and given access to adequate quantities of food and potable water.

`(2) Vehicles shall provide headroom of at least six feet, six inches from roof or beams or other structural members overhead to floor underfoot.

`(3) Vehicle interiors shall be free of protrusions and sharp edges or objects, all ramps and floors shall be covered with a nonskid surface, and shall be maintained in a sanitary condition.

`(4) Vehicles shall provide adequate ventilation and shelter from extremes of weather and temperature for all equines; shall be of appropriate size and interior design for the number of equines being carried, to prevent overcrowding; shall allow for the position of horses by sex and size; and shall be equipped with doors and ramps of sufficient size and location to provide for safe loading and unloading, including unloading during emergencies.

`(5) All horses transported for slaughter must be fit to travel. No horse shall be transported for slaughter if it is found, on pre-shipment inspection, to be in imminent danger of death; to be suffering from a broken or dislocated limb; to be unable to bear weight on all four limbs; to be blind in both eyes; or to be obviously suffering from severe illness, injury, lameness or physical debilitation that would make the animal unable to withstand the stresses of transportation.

`SEC. 204.

(a) Any person engaging in the commercial transportation of a horse for slaughter shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require for the purposes of implementing or determining compliance with this chapter. Such records shall include, at a minimum, the names and addresses of current owners and consignors, if utilized, of the horses at the time of sale or consignment to slaughter, and the bill of sale or other documentation of sale for each horse. Such records must accompany the horse during transport to slaughter.

`(b) Such records shall be retained by any person engaging in the commercial transportation of a horse for slaughter for a reasonable period of time determined by the Secretary, and upon request of an officer or employee duly designated by the Secretary, shall be made available at all reasonable times for inspection and copying (on or off the premises) by the Secretary or his authorized representative.

`SEC. 205.

When construing or enforcing the provisions of this title, the act, omission, or failure of any person acting for or employed by any person engaging in the commercial transportation of horses for slaughter, within the scope of his employment or office, shall be deemed the act, omission, or failure of the person engaging in the commercial transportation of horses for slaughter as well as of such person.

`SEC. 206.

The Secretary is authorized to establish cooperative agreements and to enter into memorandums of agreement with appropriate Federal and State agencies or political subdivisions thereof, including but not limited to State departments of agriculture and State law enforcement agencies, as well as foreign governments, to carry out and enforce the provisions of this title.

`SEC. 207.

(a) The Secretary shall make such investigations or inspections as they deem necessary for purposes of enforcement of this chapter, including any regulation issued thereunder.

`(b) For the purposes of making investigations or inspections required under subsection (a), the Secretary shall at all reasonable times have access to the place of business of any person engaged in the commercial transportation of horses for slaughter; to the facilities and vehicles used to transport the horses; and to those records required to be kept pursuant to section 204. Such investigations and inspections shall include at a minimum an inspection by employees of the Secretary of all horses and vehicles carrying horses, upon their arrival at the slaughter facility. The Secretary shall also conduct such investigations as may be appropriate pursuant to information regarding alleged violations of this title provided to him by State officials.

`(c) The Secretary shall promulgate such rules and regulations as be deems necessary to permit employees of the Department of Agriculture to destroy in a human manner any horse found to be suffering as a result of a failure to comply with any provision of this title or any regulation issued thereunder.

`SEC. 208.

Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this title shall be fined not more than $5,000 or imprisoned not more than three years or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

`SEC. 209.

The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of Samoa, and the United States courts of the other territories, are vested with jurisdiction to specifically enforce, and to prevent and restrain violations of this title, and shall have jurisdiction in all other kinds of cases arising under this title, except as provided in section 209(b) of this title.

`SEC. 210.

(a) Any person who violates any provision of this Act, or any rule, regulation or standard promulgated by the Secretary thereunder, shall be assessed a civil penalty by the Secretary of not more than $2,000 for each violation. Each violation and each day under which a violation continues shall constitute a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action.

`(b) Any person aggrieved by a final order of the Secretary issued pursuant to this section may, within days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals and such Court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part) or to determine the validity of the Secretary's order.

`(c) Any person who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $2,000, or both. Upon conviction of a second or subsequent offense, a person shall be subject to imprisonment for not more than three years or to a fine of not more than $5,000, or both.

`SEC. 211.

The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the purposes of this title.

`SEC. 212.

If any provision of this title or the application of any such provision to any person or circumstances shall be held invalid, the remainder of this title and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

`SEC. 213.

There is authorized to be appropriated to the Secretary to carry out the provision of this title such sums as are necessary for the fiscal year beginning October 1, 1994.'.

END

EPN Comments:

Note that the words, "Safe & Humane" are no longer in the title.

Note the vague and unenforceable language.

Anyone who supported this bill is supporting legislation that condones horses being transported 24 hours with no food, no water, and no rest!

Note that anyone supporting are condoning and legitimizing horse slaughter by putting legislation on the books that regulates slaughter.

Legislation 101 Tip:

Never ever support legislation that regulates the practice you are trying to prohibit. The opposition will always come back and argue that you have supported the practice you are trying to prohibit.

The goal is to ban the doubles to transport any horse no matter what its final destination, not regulate the doubles for horses.

PA Horse Transport Law Cards | NY Horse Transport Law Card | Vermont Horse Transport Law Card

Download a card and carry in your car.
Help enforce PA, NY, & VT laws banning the use of double deck trailers to transport any horse,
no matter what its final destination!

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Legislation Information

Commercial Transportation of Horses to Slaughter Act

McConnell's Introduction of Bill 1994

McConnell's Introduction of Bill 1995

CA Equine Council OPPOSES

Animal People - Setting the Floor for Horse Haulers

Proposed Regulations

Public Comments

Doubles will be legal for 5 years AFTER the proposed regs go into effect. It has already been 4 1/2 years, that makes for 10 years of the continued use of doubles after this legislation passed..

Links

Equine Protection Network, Inc., P. O. Box 232, Friedensburg, PA, 17933.

Page last revised on:

19 March, 2008