7 U.S.C. § 1902 — Humane methods

Page 1052 TITLE 7—AGRICULTURE § 1902 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Agriculture should— ‘‘(1) continue tracking the number of violations of Public Law 85–765 (7 U.S.C. 1901 et seq.; commonly known as the ‘Humane Methods of Slaughter Act of 1958’) and report the results and relevant trends annu- ally to Congress; and ‘‘(2) fully enforce Public Law 85–765 by ensuring that humane methods in the slaughter of livestock— ‘‘(A) prevent needless suffering; ‘‘(B) result in safer and better working conditions for persons engaged in slaughtering operations; ‘‘(C) bring about improvement of products and economies in slaughtering operations; and ‘‘(D) produce other benefits for producers, proc- essors, and consumers that tend to expedite an or- derly flow of livestock and livestock products in interstate and foreign commerce. ‘‘(b) UNITED STATES POLICY.—It is the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods, as pro- vided by Public Law 85–765.’’ COMMERCIAL TRANSPORTATION OF EQUINE FOR SLAUGHTER Pub. L. 104–127, title IX, subtitle A, Apr. 4, 1996, 110 Stat. 1184, provided that: ‘‘SEC. 901. FINDINGS. ‘‘Because of the unique and special needs of equine being transported to slaughter, Congress finds that it is appropriate for the Secretary of Agriculture to issue guidelines for the regulation of the commercial trans- portation of equine for slaughter by persons regularly engaged in that activity within the United States. ‘‘SEC. 902. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) COMMERCIAL TRANSPORTATION.—The term ‘com- mercial transportation’ means the regular operation for profit of a transport business that uses trucks, tractors, trailers, or semitrailers, or any combination thereof, propelled or drawn by mechanical power on any highway or public road. ‘‘(2) EQUINE FOR SLAUGHTER.—The term ‘equine for slaughter’ means any member of the Equidae family being transferred to a slaughter facility, including an assembly point, feedlot, or stockyard. ‘‘(3) PERSON.—The term ‘person’— ‘‘(A) means any individual, partnership, corpora- tion, or cooperative association that regularly en- gages in the commercial transportation of equine for slaughter; but ‘‘(B) does not include any individual or other en- tity referred to in subparagraph (A) that occasion- ally transports equine for slaughter incidental to the principal activity of the individual or other en- tity in production agriculture. ‘‘SEC. 903. REGULATION OF COMMERCIAL TRANS- PORTATION OF EQUINE FOR SLAUGHTER. ‘‘(a) IN GENERAL.—Subject to the availability of ap- propriations, the Secretary of Agriculture may issue guidelines for the regulation of the commercial trans- portation of equine for slaughter by persons regularly engaged in that activity within the United States. ‘‘(b) ISSUES FOR REVIEW.—In carrying out this sec- tion, the Secretary of Agriculture shall review the food, water, and rest provided to equine for slaughter in transit, the segregation of stallions from other equine during transit, and such other issues as the Secretary considers appropriate. ‘‘(c) ADDITIONAL AUTHORITY.—In carrying out this section, the Secretary of Agriculture may— ‘‘(1) require any person to maintain such records and reports as the Secretary considers necessary; ‘‘(2) conduct such investigations and inspections as the Secretary considers necessary; and ‘‘(3) establish and enforce appropriate and effective civil penalties. ‘‘SEC. 904. LIMITATION OF AUTHORITY TO EQUINE FOR SLAUGHTER. ‘‘Nothing in this subtitle authorizes the Secretary of Agriculture to regulate the routine or regular transpor- tation, to slaughter or elsewhere, of— ‘‘(1) livestock other than equine; or ‘‘(2) poultry. ‘‘SEC. 905. EFFECTIVE DATE. ‘‘This subtitle shall become effective on the first day of the first month that begins 30 days or more after the date of enactment of this Act [Apr. 4, 1996].’’ § 1902. Humane methods No method of slaughtering or handling in con- nection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the fol- lowing two methods of slaughtering and han- dling are hereby found to be humane: (a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chem- ical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or (b) by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous sever- ance of the carotid arteries with a sharp in- strument and handling in connection with such slaughtering. (Pub. L. 85–765, § 2, Aug. 27, 1958, 72 Stat. 862; Pub. L. 95–445, § 5(a), Oct. 10, 1978, 92 Stat. 1069.) Editorial Notes AMENDMENTS 1978—Par. (b). Pub. L. 95–445 inserted ‘‘and handling in connection with such slaughtering’’ at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–445 effective one year after Oct. 10, 1978, and nonapplicability during not to exceed additional 18 months in hardship cases, see sec. 7 of Pub. L. 95–445 set out as a note under section 603 of Title 21, Food and Drugs. § 1903. Repealed. Pub. L. 95–445, § 5(b), Oct. 10, 1978, 92 Stat. 1069 Section, Pub. L. 85–765, § 3, Aug. 27, 1958, 72 Stat. 862, related to limitations on Government procurement and price support, modifications during national emer- gency, and statements of eligibility. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective one year after Oct. 10, 1978, and non- applicability during not to exceed additional 18 months in hardship cases, see sec. 7 of Pub. L. 95–445 set out as an Effective Date of 1978 Amendment note under sec- tion 603 of Title 21, Food and Drugs. CONTRACTS FOR OR PROCUREMENT OF LIVESTOCK PROD- UCTS DURING THE PERIOD FROM JUNE 30, 1960, TO AUGUST 30, 1960 Pub. L. 86–547, June 29, 1960, 74 Stat. 255, permitted any agency or instrumentality of the United States,