Sec. 311. Transportation of livestock and poultry
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/bill/117/s/5138/is/section-311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 80502 of title 49, United States Code, is amended— in subsection (a)(1), by striking a rail carrier and all that follows through territory or possession, and inserting a covered provider of transportation ; in subsection (b)— in paragraph (3), by striking subsection
(a)of this section and inserting subsection
(b); by redesignating paragraphs
(1)through
(3)as subparagraphs
(A)through (C), respectively, and indenting appropriately; in the matter preceding subparagraph
(A)(as so redesignated), in the third sentence— by striking the rail carrier and all that follows through a vessel and inserting the covered provider of transportation ; and by striking When the animals and inserting the following: When the animals ; in the matter preceding paragraph
(3)(as so designated), in the second sentence, by striking The owner and inserting the following: The owner ; and in the matter preceding paragraph
(2)(as so designated), by striking Animals being and inserting the following: Animals being ; in subsection (d)— in the second sentence, by striking On learning and inserting the following: On learning ; and in the first sentence, by striking A rail carrier and all that follows through a vessel and inserting the following: A covered provider of transportation ; by redesignating subsections
(a)through
(d)as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; by inserting before subsection
(b)(as so redesignated) the following: In this section: The term covered industrial operator means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph
(B)for the applicable livestock or poultry. The quantity of livestock or poultry referred to in subparagraph
(A)is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: 2,500 swine. 30,000 turkeys or ducks. 82,000 laying hens or broilers. The term covered provider of transportation means an individual or entity described in subparagraph
(B)that is transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States. An individual or entity referred to in subparagraph
(A)is— a rail carrier, express carrier, or common carrier (except by air or water); a receiver, trustee, or lessee of a carrier described in clause (i); or an owner or master of a vessel. The term Secretary means the Secretary of Agriculture. ; and by inserting after subsection
(c)(as so redesignated) the following: In any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— the means of transport provides adequate protection of the animals from high winds, rain, and snow; any livestock or poultry are provided with appropriate bedding or equivalent material that— prevents slipping; ensures a level of comfort appropriate to— the species of the livestock or poultry; the number of animals being transported; the duration of the period of transportation; and the weather; and provides adequate absorption of urine and feces; the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; watering devices on the means of transport are— in good working order; appropriately designed; and positioned appropriately for the species of animal to be watered during transport; and the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. The Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. The regulations promulgated under subparagraph
(A)shall ensure that each species of animal has enough space— to turn around; to lie down; and to fully extend the limbs of the animal. Each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. A covered industrial operator shall provide the records maintained under paragraph
(1)to the Secretary on request. . The amendments made by paragraph
(1)take effect on the date that is 1 year after the date of enactment of this Act. Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). Section 80502 of title 49, United States Code (as amended by subsection (a)), is amended— in subsection (b)— in paragraph (1)— by striking
(1)Except as provided and inserting the following: Except as otherwise provided ; and by striking 28 and inserting 8 ; by striking paragraph
(2)and inserting the following: Animals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph
(1)ends at night. ; and in paragraph (3), by striking
(3)Time and inserting the following: Time ; and by striking subsection (g). The amendments made by paragraph
(1)take effect on the date that is 10 years after the date of enactment of this Act.