Home > 104th Congressional Bills > H.R. 858 (ih) To amend certain provisions of title 5, United States Code, in order to ensure equality between Federal firefighters and other employees in the civil service and other public sector firefighters, and for other purposes. [Introduced in House]...H.R. 858 (ih) To amend certain provisions of title 5, United States Code, in order to ensure equality between Federal firefighters and other employees in the civil service and other public sector firefighters, and for other purposes. [Introduced in House]...
108th CONGRESS
1st Session
H. R. 857
To prevent the slaughter of horses in and from the United States for
human consumption by prohibiting the slaughter of horses for human
consumption and by prohibiting the trade and transport of horseflesh
and live horses intended for human consumption, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2003
Mr. Sweeney (for himself, Mr. Spratt, Mr. Shays, Mr. Ford, Mr. Smith of
New Jersey, Mr. Moran of Virginia, Mr. Costello, Mr. Isakson, Mr.
Vitter, Mr. Calvert, Mr. Gallegly, and Mr. Greenwood) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on International Relations and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prevent the slaughter of horses in and from the United States for
human consumption by prohibiting the slaughter of horses for human
consumption and by prohibiting the trade and transport of horseflesh
and live horses intended for human consumption, 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 American Horse Slaughter Prevention
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Horses have played a significant role in the history
and culture of the United States.
(2) Horses in the United States are not raised for food or
fiber.
(3) As a non-food and recreational animal, horses should be
protected from slaughter.
(4) The foreign-owned horse slaughter industry has
slaughtered and exported for human consumption over 3 million
American horses in the last 2 decades.
(5) Approximately 55,000 American horses are slaughtered
for human consumption annually in the United States by foreign-
owned slaughterhouses. Tens of thousands of live horses are
exported from the United States annually for slaughter.
(6) Horses slaughtered in these foreign-owned plants in the
United States have often been hauled several thousand miles
over several days, contrary to acceptable non-slaughter
standards for water, food, and rest.
(7) Many horses shipped to slaughter are young, healthy
animals. Others are old, sick, blind, crippled and in otherwise
poor condition and are unfit to withstand the rigors of long
travel. Horses sent to be slaughtered are often shipped on
crowded double deck trucks designed for shorter necked species
such as pigs, cattle and sheep, and are forced to travel in a
bent position which can result in suffering, injury and death.
(8) Killing of horses by foreign-owned slaughterhouses in
the United States contrasts with the preferable method of
killing by chemical euthanasia.
(9) Horses endure repeated blows to the head with stunning
equipment that often does not render the animals unconscious.
Some horses proceed still conscious through the remaining
stages of slaughter being bled out and dismembered.
(10) Because horses in America are not food animals,
veterinarians commonly prescribe and treat horses with potent
drugs that may reside in the horseflesh and be dangerous when
consumed by humans.
(11) Because of the lack of disclosure on the part of the
agents and dealers for the slaughter plants people's horses are
many times acquired and slaughtered through fraud and
misrepresentation. Slaughter also provides a quick and
evidence-free outlet for stolen horses.
(12) The imposition of a ban on the sale of horseflesh for
human consumption, regardless of its source, is consistent with
the international obligations of the United States because it
applies equally to domestic and foreign producers and avoids
any discrimination among foreign sources of competing products.
Such a ban is also consistent with provisions of international
agreements to which the United States is a party that expressly
allow for measures designed to protect the health and welfare
of animals and to enjoin the use of deceptive trade practices
in international or domestic commerce.
SEC. 3. PURPOSE.
The purpose of this Act is --
(1) to prohibit the slaughter of horses for human
consumption;
(2) to prohibit the sale, possession, and trade of
horseflesh for human consumption;
(3) to prohibit the sale, possession, and trade of live
horses for slaughter for human consumption.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Euthanasia.--The term ``euthanasia'' means to kill an
animal humanely by means that immediately renders the animal
unconscious, with this state remaining until the animal's swift
death.
(2) Export.--The term ``export'' means to take from any
place subject to the jurisdiction of the United States to a
place not subject to such jurisdiction, whether or not the
taking constitutes an exportation within the meaning of the
customs laws of the United States.
(3) Horse.--The term ``horse'' means all members of the
equid family, including horses, ponies, donkeys, mules, asses,
and burros.
(4) Horseflesh.--The term ``horseflesh'' means the flesh of
a dead horse, including the animal's viscera, skin, hair, hide,
hooves, and bones.
(5) Human consumption.--The term ``human consumption''
means ingestion by people as a source of food.
(6) Import.--The term ``import'' means to bring into any
place subject to the jurisdiction of the United States from a
place not subject to such jurisdiction, whether or not the
bringing constitutes an importation within the meaning of the
customs laws of the United States.
(7) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) an officer, employee, agent, department, or
instrumentality of--
(i) the Federal Government; or
(ii) any State, municipality, or political
subdivision of State; or
(C) any other entity subject to the jurisdiction of
the United States.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Slaughter.--The term ``slaughter'' means the commercial
slaughter of one or more horses with the intent to sell,
barter, or trade the flesh for human consumption.
(10) State.--The term ``State'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory, or possession
of the United States.
(11) Transport.--The term ``transport'' means to move by
any means, or to receive or load onto a vehicle for the purpose
of movement.
(12) United states.--The term ``United States'' means the
customs territory of the United States, as defined in general
note 2 of the Harmonized Tariff Schedule of the United States.
SEC. 5. PROHIBITED ACTS.
(a) In General.--A person shall not--
(1) slaughter a horse for human consumption;
(2) import into, or export from, the United States
horseflesh for human consumption or live horses intended for
slaughter for human consumption;
(3) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive horseflesh for human
consumption or live horses intended for slaughter for human
consumption; or
(4) solicit, request, or otherwise knowingly cause any act
prohibited under paragraph (1), (2), or (3).
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties.--A person who violates section 5 shall be
fined under title 18, United States Code, imprisoned for not more than
1 year, or both.
(b) Civil Penalties.--
(1) In general.--Any person who violates any provision of
section 5 shall, in addition to any other civil or criminal
penalty that may be imposed under title 18, United States Code,
or any other provision of law, be assessed, by the Secretary, a
civil penalty of not more than $5,000 but not less than $2,500,
and shall have confiscated all horses in that person's physical
or legal possession at the time of arrest, if said horses are
intended for slaughter.
(2) Debarment.--The Secretary shall prohibit a person from
importing, exporting, transporting, trading, or selling horses
in the United States, if the Secretary finds that the person
has engaged in a pattern or practice of actions that has
resulted in a final judicial or administrative determination
with respect to the assessment of criminal or civil penalties
for violations of any provision of this Act
(c) Notice; Hearing.--No monetary penalty may be assessed under
this subsection against a person unless the person is given notice and
opportunity for a hearing with respect to such violation in accordance
with section 554 of title 5, United States Code.
(d) Enforcement.--
(1) Use of personnel.--The Secretary shall enforce this
Act, and may use, by agreement, the personnel, services, and
facilities of any other Federal, State, or local agency for the
purposes of enforcing this Act. For good cause shown, the
Secretary may remit or mitigate any civil penalty.
(2) Execution of process; arrest; search; seizure.--Any
person authorized by the Secretary to enforce this Act may
execute any warrant or process issued by any officer or court
of competent jurisdiction to enforce this Act. Such a person so
authorized may, in addition to any other authority conferred by
law--
(A) with or without warrant or other process,
arrest any person committing in his presence or view a
violation of this Act or the regulations issued
thereunder;
(B) seize the cargo of any truck or other
conveyance used or employed to violate this Act or the
regulations issued hereunder or which reasonably
appears to have been so used or employed; and
(C) seize, whenever and wherever found, all horses
and horseflesh possessed in violation of this Act or
the regulations issued thereunder and dispose of them,
in accordance with this section and regulations
prescribed by the Secretary.
(3) Placement of confiscated horses.--
(A) Temporary placement.--After confiscation of a
live horse pursuant to this Act, the arresting
authorities shall work with animal welfare societies
and animal control departments to ensure the temporary
placement of the horse with an animal rescue facility
that is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code, while the
person charged with violating this Act is prosecuted.
If placement at such a facility is not possible, the
arresting authorities shall work with animal welfare
societies and animal control departments to temporarily
place the horse with a facility that has as its primary
purpose the humane treatment of animals, or another
suitable location.
(B) Bonds.--
(i) Posting of bond.--The owner of a horse
confiscated pursuant to this Act may prevent
permanent placement of the horse by the
facility that has temporary custody of the
horse by posting a bond with the court in an
amount the court determines is sufficient to
provide for the necessary care and keeping of
the horse for at least 60 days, including the
day on which the horse was taken into custody.
Such bond shall be filed with the court within
10 days after the horse is confiscated. If a
bond is not so posted, the custodial facility
shall determine permanent placement of the
horse in accordance with reasonable practices
for the humane treatment of animals. If the
animal has not yet been returned to the owner
at the end of the time for which expenses are
covered by the bond, and if the owner desires
to prevent permanent placement of the animal by
the custodial facility, the owner shall post a
new bond with the court within ten days
following the prior bond's expiration. If a new
bond is not so posted, the custodial facility
shall determine permanent placement of the
horse in accordance with reasonable practices
for the humane treatment of animals.
(ii) Costs for providing care for horse
deducted from bond.--If a bond has been posted
in accordance with clause (i), the custodial
facility may draw from the bond the actual
reasonable costs incurred by the facility in
providing the necessary care and keeping of the
confiscated horse from the date of the initial
confiscation to the date of final disposition
of the horse in the criminal action charging a
violation of this Act.
(C) Permanent placement.--Any horse confiscated
pursuant to this Act and not returned to the owner
thereafter (except where otherwise provided in
paragraph (4)) shall be placed permanently with an
animal rescue facility or other suitable facility as
described in this section upon--
(i) the conviction of the horse's owner
pursuant to this Act;
(ii) the owner's surrender of the horse;
(iii) the failure of the horse's owner to
post a bond as required in accordance with
subparagraph (B); or
(iv) the Secretary's inability to identify
the owner.
(4) Euthanasia of horses.--
(A) Emergency circumstances.--The Secretary or any
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