QUOTE
NOTE: Congressmen Moran has introduced HR6202, Farm Animal
Anti-Cruelty Act, which has been referred to the House Agriculture
Committee. The bill would enable federal prosecution of anyone accused
of mistreating livestock raised commercially for food and fiber. This
statute would not preempt state law, but would create a parallel
federal cause of action. All involved in animal ag should ask their
lawyers to review the proposed bill.
(Abuse or neglect of livestock is rare and already handled locally
with 43 states, Washington D.C., the Virgin Islands and Puerto Rico
having felony animal cruelty laws already on the books. For detailed
info on cases, see the Animal Abuse Crime Database.
http://www.pet-abuse.com/pages/cruelty_database.php
The most common types of abuse of farm animals tracked in the dbase
are illegal cockfighting, followed by reports of killing of livestock
(sometimes for food) by unknown parties.
=================================
http://moran.house.gov/apps/list/press/va0...n/FarmAni.shtml
Press Releases
For Immediate Release:
June 5, 2008 Contact: Austin Durrer
202-225-4376
Moran, Shays Introduce Farm Animal Anti-Cruelty Act
Washington, D.C. – Representatives Jim Moran (VA-8) and Christopher
Shays (CT-4) introduced legislation today to make it a federal offense
to without justification, kill, mutilate, disfigure, torture or
intentionally inflict pain or suffering upon an animal raised for food
or to fail to provide food, water and shelter.
"Abuse and torture are wrong, regardless if it involves a pet or an
animal being raised for food," said Moran. "All sensate creatures
deserve humane treatment, whether in the home or on the farm. This
legislation will make those who might inflict pain and suffering on
living things to think twice."
"This bill is just one step, but an important step, in addressing how
our society treats farm animals raised for food, and it reflects our
core values of compassion, decency and mercy," stated Shays, Co-Chair
of the Friends of Animals Caucus.
The Farm Animal Anti-Cruelty Act, which has been endorsed by the
American Society for the Prevention of Cruelty to Animals (ASPCA), is
a common sense approach to protecting farm animals. The bill
compliments state anti-cruelty statutes as well as providing national
anti-cruelty standards in those states that do not currently provide
standards. The threat of federal prosecution will act as strong
deterrent to the mistreatment of animals.
Those who violate these standards are subject to fines ranging from
$500 to $100,000 or up to a year in prison.
###
Rep. James Moran [D-VA], Cosponsors [as of 2008-06-06]: Rep. Donald
Payne [D-NJ],
Rep. Christopher Shays [R-CT], Rep. John Tierney [D-MA]
110TH CONGRESS, 2D SESSION H. R. ll
To promote the well-being of animals held for commercial use by
providing such animals protection from cruelty and abuse.
IN THE HOUSE OF REPRESENTATIVES
Mr. MORAN of Virginia (for himself and Mr. SHAYS) introduced the
following bill; which was referred to the Committee on Agriculture
HR6202
A BILL
To promote the well-being of animals held for commercial use by
providing such animals protection from cruelty and abuse.
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 ''Farm Animals Anti-Cruelty Act''.
SEC. 2. FINDING AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress finds that—
(1) prohibiting cruelty to and abuse of animals held for commercial
use promotes public health and responsible stewardship, reduces animal
suffering, and is necessary given the industrialization of animal food
production; and (2) animals held for commercial use are in interstate
or foreign commerce or substantially affect such commerce or the free
flow thereof, and regulation of the treatment of animals held for
commercial use prevents and eliminates burdens upon such commerce.
(
DECLARATION OF POLICY.—It is the policy of the United States that
the raising, handling, transport, and slaughter of animals held for
commercial use shall be carried out only by humane methods.
SEC. 3. PROHIBITED ACTS.
(a) PROHIBITED ACTS.—Whoever, without justification, kills, mutilates,
disfigures, tortures, or intentionally causes an animal held for
commercial use pain or suffering, or has responsibility for an animal
held for commercial use and fails to provide food, water, shelter, and
health care as is necessary to assure the animal's health and
well-being appropriate to the animal's age and species, shall be
subject to the penalties provided in section 5.
SEC. 4. EXEMPTIONS.
(a) EXEMPTED TREATMENT.—Nothing in this Act shall apply to the
treatment of an animal held for commercial use—
(1) in lawful scientific or agricultural research; (2) while
undergoing an examination, test, treatment, or operation for
veterinary purposes to improve the well-being of the animal; or (3) in
exhibition at a state or county fair, or at similar exhibitions.
( EXEMPTED ACTS.—Any act in compliance with the Humane Slaughter Act
(7 U.S.C. 1901 et seq.) is not prohibited under this Act.
SEC. 5. ENFORCEMENT.
(a) ACTION BY ATTORNEY GENERAL.—The Attorney General may bring an
action in an appropriate United States district court to obtain relief
under this Act, including seeking declaratory or injunctive relief for
any alleged violation of section 3.
( CIVIL ACTIONS AND PENALTIES.—
(1) 100 ANIMALS OR FEWER.—The civil penalty for a violation of this
Act involving 100 animals or 23 fewer shall be not less than $500 and
not more than $10,000.
(2) MORE THAN 100 ANIMALS.—The civil penalty for a violation of this
Act involving more than 100 animals shall be not less than $5000 and
not more than $100,000.
© CRIMINAL PENALTIES.—
(1) 100 ANIMALS OR FEWER.—For an incident involving 100 animals or
fewer, a person who knowingly violates this Act shall be subject to a
fine of not less than $500 and not more than $10,000, or imprisonment
for not more than one year, or both.
(2) MORE THAN 100 ANIMALS.—For an incident involving more than 100
animals, a person who knowingly violates this Act shall be subject to
a fine of not less than $5,000 and not more than $100,000, or
imprisonment for not more than one year, or both.
SEC. 6. EFFECT ON STATE LAWS.
Nothing in this Act shall be construed to preempt any provision of the
law of any State or political subdivision of that State prohibiting
animal cruelty or regulating or promoting animal welfare.
SEC. 7. DEFINITIONS.
In this Act:
(1) ANIMAL.—The term ''animal'' means any animal being held for
commercial use and not as a pet, including livestock such as cattle,
calves, swine, chickens, turkeys, ducks, geese, goats, sheep, lambs,
rabbits, and other non-aquatic animals.
(2) COMMERCIAL USE.—The term ''commercial use'' means use, or intended
for use, as food or fiber or for food or fiber production.
(3) PERSON HAVING RESPONSIBILITY FOR AN ANIMAL.—The term ''person
having responsibility for an animal'' refers to an animal's owner, a
person who has charge, custody, or control of an animal, or an
employee or agent of either.
Anti-Cruelty Act, which has been referred to the House Agriculture
Committee. The bill would enable federal prosecution of anyone accused
of mistreating livestock raised commercially for food and fiber. This
statute would not preempt state law, but would create a parallel
federal cause of action. All involved in animal ag should ask their
lawyers to review the proposed bill.
(Abuse or neglect of livestock is rare and already handled locally
with 43 states, Washington D.C., the Virgin Islands and Puerto Rico
having felony animal cruelty laws already on the books. For detailed
info on cases, see the Animal Abuse Crime Database.
http://www.pet-abuse.com/pages/cruelty_database.php
The most common types of abuse of farm animals tracked in the dbase
are illegal cockfighting, followed by reports of killing of livestock
(sometimes for food) by unknown parties.
=================================
http://moran.house.gov/apps/list/press/va0...n/FarmAni.shtml
Press Releases
For Immediate Release:
June 5, 2008 Contact: Austin Durrer
202-225-4376
Moran, Shays Introduce Farm Animal Anti-Cruelty Act
Washington, D.C. – Representatives Jim Moran (VA-8) and Christopher
Shays (CT-4) introduced legislation today to make it a federal offense
to without justification, kill, mutilate, disfigure, torture or
intentionally inflict pain or suffering upon an animal raised for food
or to fail to provide food, water and shelter.
"Abuse and torture are wrong, regardless if it involves a pet or an
animal being raised for food," said Moran. "All sensate creatures
deserve humane treatment, whether in the home or on the farm. This
legislation will make those who might inflict pain and suffering on
living things to think twice."
"This bill is just one step, but an important step, in addressing how
our society treats farm animals raised for food, and it reflects our
core values of compassion, decency and mercy," stated Shays, Co-Chair
of the Friends of Animals Caucus.
The Farm Animal Anti-Cruelty Act, which has been endorsed by the
American Society for the Prevention of Cruelty to Animals (ASPCA), is
a common sense approach to protecting farm animals. The bill
compliments state anti-cruelty statutes as well as providing national
anti-cruelty standards in those states that do not currently provide
standards. The threat of federal prosecution will act as strong
deterrent to the mistreatment of animals.
Those who violate these standards are subject to fines ranging from
$500 to $100,000 or up to a year in prison.
###
Rep. James Moran [D-VA], Cosponsors [as of 2008-06-06]: Rep. Donald
Payne [D-NJ],
Rep. Christopher Shays [R-CT], Rep. John Tierney [D-MA]
110TH CONGRESS, 2D SESSION H. R. ll
To promote the well-being of animals held for commercial use by
providing such animals protection from cruelty and abuse.
IN THE HOUSE OF REPRESENTATIVES
Mr. MORAN of Virginia (for himself and Mr. SHAYS) introduced the
following bill; which was referred to the Committee on Agriculture
HR6202
A BILL
To promote the well-being of animals held for commercial use by
providing such animals protection from cruelty and abuse.
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 ''Farm Animals Anti-Cruelty Act''.
SEC. 2. FINDING AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress finds that—
(1) prohibiting cruelty to and abuse of animals held for commercial
use promotes public health and responsible stewardship, reduces animal
suffering, and is necessary given the industrialization of animal food
production; and (2) animals held for commercial use are in interstate
or foreign commerce or substantially affect such commerce or the free
flow thereof, and regulation of the treatment of animals held for
commercial use prevents and eliminates burdens upon such commerce.
(
DECLARATION OF POLICY.—It is the policy of the United States thatthe raising, handling, transport, and slaughter of animals held for
commercial use shall be carried out only by humane methods.
SEC. 3. PROHIBITED ACTS.
(a) PROHIBITED ACTS.—Whoever, without justification, kills, mutilates,
disfigures, tortures, or intentionally causes an animal held for
commercial use pain or suffering, or has responsibility for an animal
held for commercial use and fails to provide food, water, shelter, and
health care as is necessary to assure the animal's health and
well-being appropriate to the animal's age and species, shall be
subject to the penalties provided in section 5.
SEC. 4. EXEMPTIONS.
(a) EXEMPTED TREATMENT.—Nothing in this Act shall apply to the
treatment of an animal held for commercial use—
(1) in lawful scientific or agricultural research; (2) while
undergoing an examination, test, treatment, or operation for
veterinary purposes to improve the well-being of the animal; or (3) in
exhibition at a state or county fair, or at similar exhibitions.
(
EXEMPTED ACTS.—Any act in compliance with the Humane Slaughter Act(7 U.S.C. 1901 et seq.) is not prohibited under this Act.
SEC. 5. ENFORCEMENT.
(a) ACTION BY ATTORNEY GENERAL.—The Attorney General may bring an
action in an appropriate United States district court to obtain relief
under this Act, including seeking declaratory or injunctive relief for
any alleged violation of section 3.
(
CIVIL ACTIONS AND PENALTIES.—(1) 100 ANIMALS OR FEWER.—The civil penalty for a violation of this
Act involving 100 animals or 23 fewer shall be not less than $500 and
not more than $10,000.
(2) MORE THAN 100 ANIMALS.—The civil penalty for a violation of this
Act involving more than 100 animals shall be not less than $5000 and
not more than $100,000.
© CRIMINAL PENALTIES.—
(1) 100 ANIMALS OR FEWER.—For an incident involving 100 animals or
fewer, a person who knowingly violates this Act shall be subject to a
fine of not less than $500 and not more than $10,000, or imprisonment
for not more than one year, or both.
(2) MORE THAN 100 ANIMALS.—For an incident involving more than 100
animals, a person who knowingly violates this Act shall be subject to
a fine of not less than $5,000 and not more than $100,000, or
imprisonment for not more than one year, or both.
SEC. 6. EFFECT ON STATE LAWS.
Nothing in this Act shall be construed to preempt any provision of the
law of any State or political subdivision of that State prohibiting
animal cruelty or regulating or promoting animal welfare.
SEC. 7. DEFINITIONS.
In this Act:
(1) ANIMAL.—The term ''animal'' means any animal being held for
commercial use and not as a pet, including livestock such as cattle,
calves, swine, chickens, turkeys, ducks, geese, goats, sheep, lambs,
rabbits, and other non-aquatic animals.
(2) COMMERCIAL USE.—The term ''commercial use'' means use, or intended
for use, as food or fiber or for food or fiber production.
(3) PERSON HAVING RESPONSIBILITY FOR AN ANIMAL.—The term ''person
having responsibility for an animal'' refers to an animal's owner, a
person who has charge, custody, or control of an animal, or an
employee or agent of either.