Unlawful slaughter practices involving pigs

(a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958) is amended by adding at the end the following: 7. Humane treatment of pigs (a) Nonambulatory pigs (1) Humane treatment, handling, and disposition The Secretary of Agriculture shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory pigs by covered entities, including requirements for a covered entity— (A) to, subject to paragraph (2), immediately humanely euthanize nonambulatory pigs in the possession of the covered entity; (B) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory pigs in the possession of the covered entity; (C) to maintain records of all nonambulatory pigs in the possession of the covered entity; and (D) to electronically submit such written policies and procedures and such records to the Administrator of the Food Safety and Inspection Service. (2) Humane euthanasia (A) In general The Secretary shall promulgate regulations specifying— (i) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory pigs required under the regulations promulgated under paragraph (1); and (ii) processes for ensuring effective enforcement of the use of such methods. (B) Disease testing The Secretary shall test nonambulatory pigs for a disease, such as swine influenza viruses H1N1 and H3N2, Salmonella, Yersinia enterocolitica, Campylobacter, and Methicillin-resistant Staphylococcus aureus. (3) Transacting or processing A covered entity shall not— (A) buy or sell a nonambulatory pig; (B) process, butcher, or sell meat or meat food products of a nonambulatory pig; or (C) slaughter any nonambulatory pig or prepare any carcass or part of a carcass, or meat or meat food product, from any nonambulatory pig. (4) Records The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under paragraph (1). (b) Willful acts of abuse The Secretary shall promulgate regulations prohibiting a covered individual from committing any willful act of abuse— (1) against nonambulatory pigs; or (2) that may reasonably be expected to result in injury or illness of ambulatory pigs. (c) Injured and diseased pigs (1) Injured pigs The Secretary shall promulgate regulations specifying the proper handling of injured pigs by a covered entity, including requirements to— (A) immediately treat or humanely euthanize pigs diagnosed as lame; and (B) immediately humanely euthanize— (i) pigs with— (I) uterine prolapses; or (II) any type of prolapse that is not addressed and becomes necrotic; (ii) pigs with— (I) perforated hernias; (II) hernias that are ulcerated and necrotic; or (III) large hernias that touch the ground while standing and are ulcerated; and (iii) pigs that are unlikely to recover from any other type of injury, even with treatment. (2) Diseased pigs The Secretary shall promulgate regulations specifying the proper handling of diseased pigs by a covered entity, including requirements to immediately humanely euthanize pigs that are not responding to care or are unlikely to recover from disease or illness. (d) Definitions In this section: (1) Covered entity The term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 (7 U.S.C. 201)); (E) a slaughter facility; and (F) an establishment. (2) Covered individual The term covered individual means any employee, former employee, contractor, or other person who has worked or is currently working for or with a covered entity. (3) Diseased The term diseased means a state of being— (A) that deviates from the normal structural or functional state of an animal; (B) in which the animal is impaired or exhibits signs or symptoms of pain or suffering; and (C) that is not caused by physical injury. (4) Establishment The term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). (5) Humanely euthanize The term humanely euthanize means, with respect to a pig, to immediately render the pig unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the pig. (6) Injured The term injured means a state of being in which an animal’s body is physically harmed or damaged. (7) Nonambulatory pig The term nonambulatory pig means any swine that cannot stand or walk unassisted. (8) Secretary The term Secretary means the Secretary of Agriculture. (9) Willful acts of abuse The term willful acts of abuse means, with respect to pigs, any acts that intentionally cause pain or suffering to the pigs, including— (A) hitting or beating the pigs, such as with a fist, foot, or any hard objects that can cause pain or injury; (B) purposefully slamming, dropping, throwing, or dragging the pigs by any body part, except in the case of moving nonambulatory pigs using a drag mat; (C) excessive use of electric prods, including— (i) prodding the pigs in sensitive areas, such as the face, genitals, or rectum; (ii) providing a shock that lasts longer than one second; and (iii) using electric prods other than as a last resort; (D) failure to provide food, water, and care to the pigs in a manner that could result in significant harm or death to the pigs; and (E) driving the pigs on top of one another, including with the use of motorized vehicles.. (b) Inspection of nonambulatory pigs; labeling Section 6 of the Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at the end the following: (c) Inspection of nonambulatory pigs; labeling (1) Inspection It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory pig or carcass (including parts of a carcass) of a nonambulatory pig. (2) Labeling An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned any carcass (including parts of a carcass) of a nonambulatory pig. (3) Nonambulatory pig defined In this subsection, the term nonambulatory pig means any swine that cannot stand or walk unassisted.. (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take 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 shall promulgate final regulations to implement the amendments made by subsections (a) and (b).