Downed Animals
I am the lead sponsor of state legislation in New York on "downer" livestock (S. 427), which would ban the sale of livestock too sick to walk for human consumption, and require humane euthanasia of these animals. Unfortunately, last month the U.S. Supreme Court's decision overturned California's similar downer livestock law. In the decision, the Supreme Court affirmed the supremacy of the Federal Meat Inspection Act over state laws, declaring that states could not enforce stronger requirements than those imposed under the federal law. This court decision highlights the need for immediate congressional action."Downer livestock" describes animals who cannot stand or walk, usually because of sickness, injury, or age. Downer livestock is far more likely to carry disease, and under the Federal Meat Inspection Act, downer adult cattle may not be slaughtered and may not be sold for food. Meat from downer cattle in particular is at increased risk of carrying Mad Cow Disease. Meat from other downed livestock can pose serious public health threats as well, however, but the federal law did not institute similar protections for downed livestock animals other than adult cattle.
Congress must respond right now. In many instances, it is legal to slaughter these sick animals, and they can enter the food supply. Now the Supreme Court has taken even the option of state legislation off the table. Congress must amend the Federal Meat Inspection Act to protect Americans and prevent the mistreatment of these animals. At a bare minimum, Congress must amend the law to allow states like California and New York to enact their own protections.
Four members of New York's congressional delegation are pushing the Downed Animal and Food Safety Protection Act (H.R. 3704), legislation sponsored by U.S. Rep. Gary Ackerman (D-Queens) to close loopholes in the Federal Meat Inspection Act and permanently protect the food supply from unhealthy livestock. Joining Rep. Ackerman as co-sponsors are Reps. Peter King (R-Seaford), Nita Lowey (D-Harrison), and Michael Grimm (R-Staten Island) from the New York delegation.