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Downed Animal Amendments 1730 and 1729 to H.R. 2744, the Fiscal Year 2006 Agriculture Appropriations Bill

September 20, 2005

MR. AKAKA. Mr. President, I rise today to offer two amendments to H.R. 2744, the Agriculture Appropriations bill for FY 2006, that will help protect the health of the American public. Amendment 1730, the Downed Animal amendment would prohibit the U.S. Department of Agriculture (USDA) from utilizing funds under this Act to approve downed animals for human consumption.

Downed animals are livestock such as cattle, sheep, swine, goats, horses, mules, or other equines that are too sick to stand or walk unassisted. Many of these animals are dying from infectious diseases and present a significant pathway for the spread of disease.

While I commend USDA and livestock organizations for their efforts to address the issue of downed animals, I am still very concerned about diseases such as BSE, more commonly known as mad cow disease, that pose a serious risk to the United States cattle industry and human health. A food inspection study conducted in Germany in 2001 found that BSE is present in a higher percentage of downed livestock than in the general cattle population. USDA stated that downed animals are one of the most significant potential pathways that have not been addressed in previous efforts to reduce risks from BSE. Stronger legislation is needed to ensure that these animals do not enter our food chain. My amendment is very simple. It would prevent downed animals from being approved for consumption at our dinner tables. This will allow USDA and other stakeholders to continue working on reducing and potentially eliminating the risk of BSE or any other prions from entering our food chain.

Currently, before slaughter, USDA's Food Safety Inspection Service (FSIS) diverts downer livestock that exhibit clinical signs associated with BSE or other types of diseases until further tests may be taken. However, this does not mean that downed livestock cannot be processed for human consumption. If downer cattle presented for slaughter pass both the pre- and post-inspection process, meat and meat by-products from such cattle can be used for human consumption. Routinely, BSE is not correctly distinguished from many other diseases and conditions that show similar symptoms. This was demonstrated by the surveillance of a similar inspection process in Europe, showing that the process is inadequate for detecting BSE. Consequently, BSE-infected cattle can be approved for human and animal consumption.

Today, USDA has increased its efforts to test approximately ten percent of downed cattle per year for BSE. However, it is my understanding that USDA is looking to revisit this issue. I do not believe that now is the time to lower our defenses. While I am not asking the industry and federal government to test every slaughtered cow, I am asking the federal government to address and reduce the real risks associated with BSE and similar diseases in the U.S.

Mr. President, some individuals fear that my amendment would place an excessive financial burden on the livestock industry. I want to remind my colleagues that one single downed cow in Canada diagnosed with BSE this year shut down the world's third largest beef exporter. It is estimated that the Canadian beef industry lost more than $1 billion as a result of the discovery of BSE and more than 30 countries banned Canadian cattle and beef. As the Canadian cattle industry continues to recover from its economic loss, it is prudent for the United States to be proactive in preventing BSE and other animal diseases from entering our food chain.

Mr. President, we must protect our livestock industry and human health from diseases such as BSE. My amendment reduces the threat of passing diseases from downed livestock to our food supply. It also requires higher standards for food safety and protects human health from diseases and the livestock industry from economic distress.

Mr. President, the second amendment, Amendment 1729, is based on my bill, the Pet Safety and Protection Act, S. 451. It will protect family pets while allowing research on dogs and cats to continue in an environment free from scientific fraud and animal abuse.

This amendment prohibits federal funds from being provided to a research facility that purchases animals from Class B dealers. Class B animal dealers collect dogs and cats from "random sources" and routinely violate the Animal Welfare Act. The Animal Welfare Act sets the minimum standards of care for animals and requires accurate record keeping on their acquisition and disposition. Dogs and cats are subjected to abusive handling and exposure to the elements while kept on the premises of Class B dealers. They are routinely denied sufficient food, water, and veterinary care before they are sold off to laboratories.

Less than a month ago, one of the more notorious Class B dealers, C.C. Baird, pleaded guilty in a case before a U.S. District Judge. He had violated the Animal Welfare Act because he transferred the dogs and cats to research facilities with false acquisition records. During the search, approximately 125 [one hundred twenty five] dogs were seized by federal agents as evidence of various violations of the Animal Welfare Act.

Mr. President, I recently sent a letter to all my colleagues in the Senate requesting support in passing the Pet Safety and Protection Act. On the front were pictures of a hound dog, Buck, who was in terrible shape -- skinny, his ribs sticking out, pieces of his ear torn off -- after been held by a Class B dealer.

There are only 17 Class B dealers selling random source dogs and cats for research. However, there are hundreds of suppliers to these dealers. Random source animals are dogs and cats that may be obtained by fraudulent means, through "free to good homes" ads, false animal origin records, and stealing of pet dogs and cats from their owners. The Department of Agriculture lacks the necessary resources to track the interstate activities of Class B dealers to ensure that they comply with federal law. USDA cannot provide an assurance that illegal acquired pets are not being sold by Class B dealers. This is a problem that is certain to grow in the aftermath of hurricane Katrina with the thousands of animals placed in shelters.

From a scientific research point of view, Class B-acquired animals have not had standardized care nor is there any certainty of the history of the animals. These circumstances make them unsuitable as research subjects in any case, since they cannot be used as control cases or experimental animals. Valid scientific research relies on controlled experimental design and replicable results -- two things highly questionable when using animals with unknown history and background.

Mr. President, this simple amendment prohibits funding in this FY 2006 appropriations bill from going to research facilities that purchase animals from a dealer that holds a Class B license under the Animal Welfare Act.

Thank you Mr. President. I urge my colleagues to support these two amendments and I yield back the balance of my time.


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