HR5286-119

1. Short title This Act may be cited as the Humane Transport of Farmed Animals Act.

2. Transport of animals Section 80502 of title 49, United States Code, is amended— by redesignating subsection (d) as subsection (f); and by inserting after subsection (c) the following: Not later than 180 days after the date of enactment of this subsection, the Secretary of Transportation, in consultation with the Secretary of Agriculture, shall develop a mechanism for conducting investigations or inspections, including the inspection of any vehicle or vessel transporting animals or any written or electronic records associated with such transport of animals, to determine whether any rail carrier, express carrier, or common carrier, a receiver, trustee, or lessee of one of such carriers, or an owner or master of a vessel transporting animals has violated or is violating this section. To carry out subsection (d), the Secretary of Transportation and the Secretary of Agriculture shall promulgate such rules and regulations, and issue such orders or guidance, as are necessary. (d)EnforcementNot later than 180 days after the date of enactment of this subsection, the Secretary of Transportation, in consultation with the Secretary of Agriculture, shall develop a mechanism for conducting investigations or inspections, including the inspection of any vehicle or vessel transporting animals or any written or electronic records associated with such transport of animals, to determine whether any rail carrier, express carrier, or common carrier, a receiver, trustee, or lessee of one of such carriers, or an owner or master of a vessel transporting animals has violated or is violating this section. (e)Additional authorityTo carry out subsection (d), the Secretary of Transportation and the Secretary of Agriculture shall promulgate such rules and regulations, and issue such orders or guidance, as are necessary..

3. Prohibition on interstate movement of certain animals Section 10406 of the Animal Health Protection Act (7 U.S.C. 8305) is amended— by striking The Secretary may prohibit and inserting the following: The Secretary may prohibit by adding at the end the following: No person shall move in interstate commerce livestock that are unfit to travel. For purposes of paragraph (1), the term unfit to travel means, with respect to the movement of livestock, that such livestock are deemed unfit to travel pursuant to Article 7.3.7(3), Chapter 7.3 of the World Organisation for Animal Health’s Terrestrial Animal Health Code, including successive changes. Such term includes livestock that— are sick, injured, weak, disabled, or fatigued; are unable to stand unaided or bear weight on each leg; are blind in both eyes; cannot be moved without causing additional suffering; are newborn with a navel that has not been fully healed; are pregnant and that would be in the final 10 percent of their gestation period at the planned time of unloading; have given birth within the previous 48 hours and are traveling without their offspring; or have a body condition that would result in poor welfare because of the expected climatic conditions. Nothing in this subsection shall be construed to limit the movement in interstate commerce of any livestock for purposes of providing veterinary care to such livestock. (a)In generalThe Secretary may prohibit; and (b)Prohibition (1)In generalNo person shall move in interstate commerce livestock that are unfit to travel. (2)Unfit defined (A)In generalFor purposes of paragraph (1), the term unfit to travel means, with respect to the movement of livestock, that such livestock are deemed unfit to travel pursuant to Article 7.3.7(3), Chapter 7.3 of the World Organisation for Animal Health’s Terrestrial Animal Health Code, including successive changes. (B) Inclusions Such term includes livestock that— (i) are sick, injured, weak, disabled, or fatigued; (ii) are unable to stand unaided or bear weight on each leg; (iii) are blind in both eyes; (iv) cannot be moved without causing additional suffering; (v) are newborn with a navel that has not been fully healed; (vi) are pregnant and that would be in the final 10 percent of their gestation period at the planned time of unloading; (vii) have given birth within the previous 48 hours and are traveling without their offspring; or (viii) have a body condition that would result in poor welfare because of the expected climatic conditions. (3)ExceptionNothing in this subsection shall be construed to limit the movement in interstate commerce of any livestock for purposes of providing veterinary care to such livestock..