,i #aaith ,,congress #ast ,session ,h4 ,r4 #dgeg ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjbe,ms4 ,escobar 7for herself1 ,mr4 ,nadler1 and ,mr4 ,mc,govern7 introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,education and ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to direct the ,secretary of ,agriculture to remove nonambulatory pigs from the ,united ,states food system1 to establish an online portal for confidential complaints1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,pigs and ,public ,health ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,title ,i--,humane handling reforms for nonambulatory pigs ,sec4 #aja4 ,unlawful use of drugs contributing to nonambulatory conditions4 ,sec4 #ajb4 ,transportation of pigs4 ,sec4 #ajc4 ,unlawful slaughter practices involving pigs4 ,sec4 #ajd4 ,,osha standard and staffing requirement4 ,title ,,ii--,public health transparency ,sec4 #bja4 ,online portal for confidential complaints4 ,sec4 #bjb4 ,whistleblower protection4 ,sec4 #bjc4 ,study and report on threat of nonambulatory pigs in food system4 #b4 ,findings ,congress finds the following3 7#a7 ,humane euthanization of nonambulatory pigs-- 7,a7 prevents needless suffering2 7,b7 results in safer and better working conditions for individuals handling pigs2 7,c7 brings about improvement of products and reduces the likelihood of the spread of zoonotic and other diseases that have a great and deleterious economic impact2 and 7,d7 protects the public health of consumers by ensuring that products from nonambulatory pigs do not enter the food supply4 7#b7 ,many nonambulatory pigs are ill and may carry dangerous pathogens1 posing a serious public health risk1 considering-- 7,a7 in a #bjjh study1 significantly more nonambulatory pigs than control pigs tested positive for swine influenza viruses ,h#a,n#a and ,h#c,n#b2 7,b7 other studies have indicated that nonambulatory pigs may increase risk of transmission of pathogens such as ,salmonella and ,yersinia enterocolitica and may be more likely to harbor antibiotic-resistant ,campylobacter2 and 7,c7 the ,centers for ,disease ,control and ,prevention estimates that pork containing pathogens leads to about #ebe1jjj infections1 #b1ijj hospitalizations1 and #hb deaths in humans each year4 7#c7 ,industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock that causes needless suffering1 unsafe working conditions1 and the spread of foodborne and zoonotic diseases4 7#d7 ,industrial operators have abused the use of certain drugs that increase the risk of pigs becoming nonambulatory4 7#e7 ,current ,federal animal transport laws are ineffective1 inherently cruel1 and cause pigs to become nonambulatory4 7#f7 ,employees and contract laborers on farms1 during transport1 and at slaughter deal with nonambulatory pigs first hand1 making them uniquely positioned to report public health threats they witness4 7#g7 ,since #bjjd1 the ,department of ,agriculture's ,food ,safety and ,inspection ,service has banned all nonambulatory cattle from entering the ,nation's food supply due to increased risk of disease spread1 but there are no such regulations for other species4 7#h7 ,in #bjjb1 ,congress mandated that the ,department of ,agriculture release a report regarding nonambulatory animals1 but no such report has been released4 ,the ,department of ,agriculture released a report on nonambulatory cattle and calves in #bjje and a report on sheep and goats in #bjjf4 ,no report has been issued on nonambulatory pigs4 #c4 ,definitions ,in this ,act3 7#a7 ,covered entity ,the term covered entity means-- 7,a7 a stockyard2 7,b7 a market agency2 7,c7 a packer 7as defined in section #bja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aia772 7,d7 a dealer 7as defined in section #cja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bja772 7,e7 a slaughter facility2 and 7,f7 an establishment subject to inspection pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq474 7#b7 ,covered individual ,the term covered individual means any employee1 former employee1 contractor1 or other person who has worked or is currently working for or with a covered entity4 7#c7 ,nonambulatory pig ,the term nonambulatory pig means any swine that cannot stand or walk unassisted4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 ,i ,humane handling reforms for nonambulatory pigs #aja4 ,unlawful use of drugs contributing to nonambulatory conditions ,the ,animal ,health ,protection ,act is amended by inserting after section #ajdji;,a 7#g ,u4,s4,c4 #hcjh;a7 the following3 #ajdji;,b4 ,unlawful use of beta-adrenergic agonist drugs in pigs ,any use of a beta-adrenergic agonist drug1 including ractopamine1 zilpaterol1 and lubabegron1 in a pig in the absence of disease1 including use for growth promotion or feed efficiency1 is prohibited4 4 #ajb4 ,transportation of pigs 7a7 ,in general ,the ,animal ,welfare ,act is amended by inserting after section #ac 7#g ,u4,s4,c4 #badc7 the following3 #ac;,a4 ,transportation of pigs 7a7 ,transportation ,in any case in which pigs are transported by a covered provider of transportation on behalf of a covered entity1 the covered provider of transportation transporting the pigs shall ensure that-- 7#a7 the means of transport provides adequate protection of the pigs from high winds1 rain1 and snow2 7#b7 the pigs are provided with appropriate bedding or equivalent material that-- 7,a7 prevents slipping2 7,b7 ensures a level of comfort appropriate to-- 7i7 pigs2 7ii7 the number of pigs being transported2 7iii7 the duration of the period of transportation2 and 7iv7 the weather2 and 7,c7 provides adequate absorption of urine and feces2 7#c7 the pigs are not overcrowded during transport2 7#d7 the means of transport is equipped with a water supply that ensures that each pig has access to water in a manner and quantity appropriate to the species and size of the animal2 7#e7 watering devices on the means of transport are-- 7,a7 in good working order2 7,b7 appropriately designed2 and 7,c7 positioned appropriately for pigs to be watered during transport2 7#f7 the pigs have enough space-- 7,a7 to turn around2 7,b7 to lie down2 and 7,c7 to fully extend their limbs2 and 7#g7 the pigs are not transported if the temperature within the means of transport cannot be maintained between #ej and #ge degrees ,fahrenheit4 7b7 ,recordkeeping 7#a7 ,in general ,each covered provider of transportation shall maintain records of all pigs transported by such covered provider on behalf of any covered entity4 7#b7 ,production of records ,a covered provider of transportation shall provide the records maintained under paragraph 7#a7 to the ,secretary on request4 7c7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means-- 7,a7 a stockyard2 7,b7 a market agency2 7,c7 a packer 7as defined in section #bja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aia772 7,d7 a dealer 7as defined in section #cja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bja772 7,e7 a slaughter facility2 and 7,f7 an establishment4 7#b7 ,covered provider of transportation ,the term covered provider of transportation means any entity that provides transport of livestock on behalf of a covered entity4 7#c7 ,establishment ,the term establishment means an establishment that is subject to inspection pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq474 4 7b7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate final regulations to enforce the provisions of subsection 7a74 #ajc4 ,unlawful slaughter practices involving pigs 7a7 ,in general ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 is amended by adding at the end the following3 #g4 ,humane treatment of pigs 7a7 ,nonambulatory pigs 7#a7 ,humane treatment1 handling1 and disposition ,the ,secretary of ,agriculture shall promulgate regulations to provide for the humane treatment1 handling1 and disposition of all nonambulatory pigs by covered entities1 including requirements for a covered entity-- 7,a7 to1 subject to paragraph 7#b71 immediately humanely euthanize nonambulatory pigs in the possession of the covered entity2 7,b7 to have written policies and procedures in place1 and proper equipment1 relating to the humane handling1 euthanization1 and disposition of all nonambulatory pigs in the possession of the covered entity2 7,c7 to maintain records of all nonambulatory pigs in the possession of the covered entity2 and 7,d7 to electronically submit such written policies and procedures and such records to the ,administrator of the ,food ,safety and ,inspection ,service4 7#b7 ,humane euthanasia 7,a7 ,in general ,the ,secretary shall promulgate regulations specifying-- 7i7 the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory pigs required under the regulations promulgated under paragraph 7#a72 and 7ii7 processes for ensuring effective enforcement of the use of such methods4 7,b7 ,disease testing ,the ,secretary shall test nonambulatory pigs for a disease1 such as swine influenza viruses ,h#a,n#a and ,h#c,n#b1 ,salmonella1 ,yersinia enterocolitica1 ,campylobacter1 and ,methicillin-resistant ,staphylococcus aureus4 7#c7 ,transacting or processing ,a covered entity shall not-- 7,a7 buy or sell a nonambulatory pig2 7,b7 process1 butcher1 or sell meat or meat food products of a nonambulatory pig2 or 7,c7 slaughter any nonambulatory pig or prepare any carcass or part of a carcass1 or meat or meat food product1 from any nonambulatory pig4 7#d7 ,records ,the ,administrator of the ,food ,safety and ,inspection ,service shall maintain all documents submitted by covered entities pursuant to the regulations under paragraph 7#a74 7b7 ,willful acts of abuse ,the ,secretary shall promulgate regulations prohibiting a covered individual from committing any willful act of abuse-- 7#a7 against nonambulatory pigs2 or 7#b7 that may reasonably be expected to result in injury or illness of ambulatory pigs4 7c7 ,injured and diseased pigs 7#a7 ,injured pigs ,the ,secretary shall promulgate regulations specifying the proper handling of injured pigs by a covered entity1 including requirements to-- 7,a7 immediately treat or humanely euthanize pigs diagnosed as lame2 and 7,b7 immediately humanely euthanize-- 7i7 pigs with-- 7,i7 uterine prolapses2 or 7,,ii7 any type of prolapse that is not addressed and becomes necrotic2 7ii7 pigs with-- 7,i7 perforated hernias2 7,,ii7 hernias that are ulcerated and necrotic2 or 7,,iii7 large hernias that touch the ground while standing and are ulcerated2 and 7iii7 pigs that are unlikely to recover from any other type of injury1 even with treatment4 7#b7 ,diseased pigs ,the ,secretary shall promulgate regulations specifying the proper handling of diseased pigs by a covered entity1 including requirements to immediately humanely euthanize pigs that are not responding to care or are unlikely to recover from disease or illness4 7d7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means-- 7,a7 a stockyard2 7,b7 a market agency2 7,c7 a packer 7as defined in section #bja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aia772 7,d7 a dealer 7as defined in section #cja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bja772 7,e7 a slaughter facility2 and 7,f7 an establishment4 7#b7 ,covered individual ,the term covered individual means any employee1 former employee1 contractor1 or other person who has worked or is currently working for or with a covered entity4 7#c7 ,diseased ,the term diseased means a state of being-- 7,a7 that deviates from the normal structural or functional state of an animal2 7,b7 in which the animal is impaired or exhibits signs or symptoms of pain or suffering2 and 7,c7 that is not caused by physical injury4 7#d7 ,establishment ,the term establishment means an establishment that is subject to inspection pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq474 7#e7 ,humanely euthanize ,the term humanely euthanize means1 with respect to a pig1 to immediately render the pig unconscious by mechanical1 chemical1 or other means1 with the unconscious state remaining until the death of the pig4 7#f7 ,injured ,the term injured means a state of being in which an animal's body is physically harmed or damaged4 7#g7 ,nonambulatory pig ,the term nonambulatory pig means any swine that cannot stand or walk unassisted4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#i7 ,willful acts of abuse ,the term willful acts of abuse means1 with respect to pigs1 any acts that intentionally cause pain or suffering to the pigs1 including-- 7,a7 hitting or beating the pigs1 such as with a fist1 foot1 or any hard objects that can cause pain or injury2 7,b7 purposefully slamming1 dropping1 throwing1 or dragging the pigs by any body part1 except in the case of moving nonambulatory pigs using a drag mat2 7,c7 excessive use of electric prods1 including-- 7i7 prodding the pigs in sensitive areas1 such as the face1 genitals1 or rectum2 7ii7 providing a shock that lasts longer than one second2 and 7iii7 using electric prods other than as a last resort2 7,d7 failure to provide food1 water1 and care to the pigs in a manner that could result in significant harm or death to the pigs2 and 7,e7 driving the pigs on top of one another1 including with the use of motorized vehicles4 4 7b7 ,inspection of nonambulatory pigs2 labeling ,section #f of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fjf7 is amended by adding at the end the following3 7c7 ,inspection of nonambulatory pigs2 labeling 7#a7 ,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 7including parts of a carcass7 of a nonambulatory pig4 7#b7 ,labeling ,an inspector or other employee of an establishment described in paragraph 7#b7 shall label1 mark1 stamp1 or tag as inspected and condemned any carcass 7including parts of a carcass7 of a nonambulatory pig4 7#c7 ,nonambulatory pig defined ,in this subsection1 the term nonambulatory pig means any swine that cannot stand or walk unassisted4 4 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7#b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate final regulations to implement the amendments made by subsections 7a7 and 7b74 #ajd4 ,,osha standard and staffing requirement 7a7 ,proposed standard ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 promulgate a proposed standard for handling nonambulatory pigs4 ,such proposed standard shall include requirements for-- 7#a7 employee training related to handling such pigs2 and 7#b7 the use of mechanical lifting aids4 7b7 ,final standard ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,labor shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 promulgate a final standard that shall be-- 7#a7 based on the proposed standard under paragraph 7#a72 and 7#b7 effective and enforceable in the same manner and to the same extent as any standard promulgated under section #f7;b7 of such ,act 7#bi ,u4,s4,c4 #fee7;b774 7c7 ,staffing requirement ,a covered entity shall take such steps as may be necessary1 including hiring and training additional employees1 to comply with the requirements of this ,act1 the amendments made by this ,act1 and the final standard promulgated pursuant to subsection 7b74 ,,ii ,public health transparency #bja4 ,online portal for confidential complaints 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,agriculture1 in consultation with the ,secretary of ,labor1 shall establish and make publicly available on the website of the ,department of ,agriculture an online portal1 through which individuals may submit confidential complaints regarding alleged or potential violations by a covered entity of-- 7#a7 this ,act1 or the amendments made by this ,act1 including-- 7,a7 section #ajdji;,b of the ,animal ,health ,protection ,act 7as inserted by section #aja72 7,b7 section #ac;,a of the ,animal ,welfare ,act 7as inserted by section #ajb72 7,c7 section #g of ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7as added by section #ajc7;a772 and 7,d7 section #f7;c7 of the ,federal ,meat ,inspection ,act 7as added by section #ajc7;b772 7#b7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 or 7#c7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7b7 ,public notice ,upon the establishment of the online portal described in subsection 7a71 the ,secretary shall issue a public notice informing individuals of-- 7#a7 their right to use such portal2 and 7#b7 the confidentiality protections provided by the ,department of ,agriculture and the ,department of ,justice to individuals who submit complaints through such portal1 which shall include-- 7,a7 keeping confidential any personally identifiable information of an individual contained in such a complaint1 unless-- 7i7 such individual provides to the ,secretary advance written permission to release such information2 or 7ii7 7,i7 the release of such information is otherwise required by law2 and 7,,ii7 the ,secretary provides to such individual advance warning1 as soon as feasible1 that the release of such information is legally required2 and 7,b7 a requirement that if work on the case is transferred to a nongovernmental entity1 that entity will be bound by the original confidentiality provisions4 7c7 ,annual reports on aggregate data ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall make publicly available a report describing the aggregate data collected from the online portal described in subsection 7a74 #bjb4 ,whistleblower protection 7a7 ,in general ,a covered entity shall not discharge1 demote1 suspend1 threaten1 harass1 or in any other manner discriminate against a covered individual because of any lawful act done by the covered individual-- 7#a7 to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding any conduct that the covered individual reasonably believes is illegal or constitutes a violation of this ,act or the amendments made by this ,act2 7#b7 to file1 cause to be filed1 testify1 participate in1 or otherwise assist in a proceeding or action filed1 or about to be filed1 relating to a violation of any law1 rule1 or regulation2 or 7#c7 to refuse to violate1 or assist in the violation of1 any law1 rule1 or regulation4 7b7 ,enforcement action 7#a7 ,complaint 7,a7 ,in general ,a covered individual who alleges discharge or other discrimination by any person in violation of paragraph 7#a7 may seek relief by filing a complaint with the ,office of the ,inspector ,general of the ,department of ,agriculture1 which shall investigate the concerns raised by the covered individual that allegedly caused retaliation4 7,b7 ,legal action ,if the ,office of the ,inspector ,general has not issued a final decision regarding the investigation by the date that is #baj days after the date on which the complaint is filed1 and there is no showing that the delay is due to the bad faith of the claimant1 the claimant may bring an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7#b7 ,procedure ,a complaint under paragraph 7#a77;,a7 shall be governed under the rules and procedures established in section #ajac of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cii;d7 and shall be resolved within #ba days after the date on which such complaint is filed4 7#c7 ,remedies ,a covered individual who prevails in any action under subparagraph 7,a7 shall be entitled to remedies equivalent to relief provided under section #ajac7;b77#d77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cii;d7b77#d77;,b774 7c7 ,rights retained by the individual 7#a7 ,in general ,nothing in this subsection diminishes the rights1 privileges1 or remedies of any individual under any ,federal or ,state law1 or under any collective bargaining agreement4 7#b7 ,waiver of rights and remedies ,the rights and remedies provided for in this section may not be waived by any agreement1 policy form1 or condition of employment1 including by a predispute arbitration agreement4 7#c7 ,predispute arbitration agreements ,no predispute arbitration agreement shall be valid or enforceable1 to the extent the agreement requires arbitration of a dispute arising under this section4 #bjc4 ,study and report on threat of nonambulatory pigs in food system 7a7 ,study ,the ,under ,secretary of ,agriculture for ,food ,safety shall1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 conduct a study regarding the public health threat of nonambulatory pigs entering the food system4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary shall submit to ,congress1 and make publicly available1 a report describing the results of the study conducted under subsection 7a74 7#b7 ,contents ,such report shall include1 at a minimum1 descriptions of the impact on the public health of pathogens associated with nonambulatory pigs1 including-- 7,a7 ,swine influenza viruses ,h#a,n#a and ,h#c,n#b2 7,b7 ,salmonella2 7,c7 ,yersinia enterocolitica2 7,d7 ,campylobacter2 and 7,e7 ,methicillin-resistant ,staphylococcus aureus4