Bill would ban weak animals from slaughter

WASHINGTON -- For 20 years, Rep. Gary Ackerman has tried to pass a federal law to prohibit all livestock too weak to walk from being slaughtered for human consumption.

Last week, the Roslyn Heights Democrat said he's renewing his efforts after the U.S. Supreme Court overturned a California law similar to his bill because federal regulations pre-empt state law.

"The Supreme Court has upped the ante on our bill," Ackerman said.

Federal regulations already cover beef, banning the slaughter for food of so-called "downer" adult cattle that are too ill, weak or diseased to walk, out of concern for mad cow disease.

Like the California law struck down last Monday, Ackerman's bill would extend that federal ban to all "downer" animals, including calves, pigs and sheep.

All of Ackerman's bills have died in the Agriculture Committee, blocked by the meat industry and farm-state lawmakers.

Undeterred, Ackerman said he wants to expand the rule to cover all livestock and to make it a law, rather than the current regulation, which he said could be changed.

Under federal rules, cows that can't walk are separated from the rest of the cattle and humanely euthanized. His bill would apply that process to other animals.

"At first it was the humane issue," he said of his motivation, offended that downed animals are dragged by chains, even bulldozers to slaughter. "Then I started warning the House about food safety."

In 2003, he came close, offering an amendment that failed by three votes, after what he called an "entertaining" debate.

"The gentleman does not understand the cattle business," said a drawling Rep. Charles Stenholm (D-Texas).

Showing a photo of a mangled downer cow, Ackerman replied in a Queens accent: "I may not be in the cattle business, but I can tell a good steak when I see one."

Weeks later, authorities confirmed a U.S. case of mad cow disease, also known as bovine spongiform encephalopathy, which causes brain degeneration. It can be transmitted to humans if they eat infected meat.

The Department of Agriculture issued a rule banning downed cows and requiring their humane euthanization.

Five years later, a Humane Society exposé of treatment of cattle at a major California producer prompted the largest U.S. meat recall and led the USDA to strengthen the regulation.

"Inhumane treatment often translates into food safety issues," said Michael Markarian of the Humane Society of the United States. Ackerman's bill, he said, helps "put pressure on the industry and agencies."

Dave Warner of the National Pork Producers Council said food inspectors and veterinarians inspect downer hogs, which are about 1 percent of the total. Many are healthy but tired and suitable for food, he said. Ackerman's bill would remove a million hogs, he said. "That's a lot of wasted food."