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Legislation Introduced Today in Congress Would Create a Permanent, More Powerful "Downer" Ban for U.S. Farm Animals

- Animals Too Sick, Injured to Walk are Dragged to Slaughter, Pose Threat to Food Safety -

WASHINGTON -September 28, 2005 - The Humane Society of the United States (HSUS), the nation's largest animal protection organization, and Farm Sanctuary today praised U.S. Senator Daniel Akaka (D-HI) and U.S. Representatives Gary Ackerman (D-NY) and Steven LaTourette (R-OH) for introducing the Downed Animal Protection Act to ensure that "downers" -- animals too sick or injured to walk on their own -- will be kept out of the human food supply.

This follows the Senate's approval last week of an amendment to the annual budget for the U.S. Department of Agriculture introduced by Sen. Akaka, which would prohibit the agency from spending money in Fiscal Year 2006 to approve meat from downed livestock. The legislation introduced today would make permanent the ban on meat from downed livestock.

"We have been playing Russian roulette with our food supply for years by allowing these downer animals into the food chain," said HSUS President and CEO Wayne Pacelle. "This much-needed legislation will codify a temporary administrative ban on the processing of downer cattle and it will expand the ban on the processing of other downer livestock. Animals too sick or injured to walk are a higher risk for mad cow disease, E. coli and salmonella, and they suffer terribly when they're dragged to slaughter."

Sen. Daniel K. Akaka stated, "This legislation would restore American confidence in our meat industry by setting a uniform national standard. It sends the right message to consumers here in the United States and around the world that our meat industry is serious about ensuring the health and well being of all consumers."

In 2003, after the first U.S. case of BSE (bovine spongiform encephalopathy or mad cow disease) was announced, the USDA implemented a temporary ban on processing downed cattle for the human food supply. A Swiss study, one of several cited by the USDA, found that non-ambulatory cattle are 49 to 58 times more likely to have BSE than cattle identified as suspect.

Despite these findings, Agriculture Secretary Mike Johanns told Congress that before he would make the ban permanent, he had to carefully review public comments received by the USDA. More than 99% of the approximately 22,000 public comments strongly supported the ban, but industry lobbyists have been pushing to weaken it.

"In December 2003, after pulling their heads out of the sand, the Department of Agriculture closed the barn door after the mad cow had already escaped," said Rep. Gary Ackerman. "This bill will ensure that the door is never opened again to abusing sick animals, jeopardizing the public health, threatening the American consumer's confidence in the safety of our meat and potentially undermining a valuable sector of our economy."

Added Rep. Steven LaTourette, "It's important to realize that all six cases of 'mad cow disease' identified in North America have involved downed animals. These animals, which are sick, diseased, or injured livestock incapable of supporting their own body weight, are many times more likely to carry diseases like this into our food supply. It's critical that Congress do what it can to prevent this contamination, and that these animals be dealt with humanely. I'm proud to once again join my colleague, Rep. Ackerman, in sponsoring this measure."

Several identified cases of BSE in North America so far (including the Washington State case in 2003) have involved cows believed by authorities to be downed due to injury. It's very difficult for an inspector to reliably determine why an animal is downed. Injury and illness are often interrelated - a broken leg may simply be the observable result of the weakness, abnormal gait or disorientation associated with an underlying neurological disease.

The legislation goes further than the USDA temporary ban in that it also covers sheep, swine, goats, horses, mules and other equines who cannot stand and walk unassisted. It also calls for immediate humane euthanasia as soon as an animal becomes non-ambulatory.

"For decades the industry has been marketing and slaughtering downed animals for food with a reckless disregard for animal welfare and human health," said Gene Baur (formerly Bauston), president of Farm Sanctuary, an organization that has worked to end downed animal cruelty since 1986. "In the absence of legislation, we're concerned that this problem will continue."

The Humane Society of the United States is the nation's largest animal protection organization representing more than 9 million members and constituents. The nonprofit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The group is based in Washington and has numerous field representatives across the country. On the web at www.hsus.org

About Farm Sanctuary
Farm Sanctuary is the nation's leading farm animal protection organization. Since incorporating in 1986, Farm Sanctuary has worked to expose and stop cruel practices of the "food animal" industry through research and investigations, legal and institutional reforms, public awareness projects, youth education, and direct rescue and refuge efforts. Farm Sanctuary shelters in Watkins Glen, N.Y., and Orland, Calif., provide lifelong care for hundreds of rescued animals, who have become ambassadors for farm animals everywhere by educating visitors about the realities of factory farming. Additional information can be found at www.farmsanctuary.org or by calling 607-583-2225.