Sec. 114. Restriction on certain methods of depopulation
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In this section: The term restricted practice means— sodium nitrite poisoning; ventilation shutdown; ventilation shutdown plus; water-based foaming; and any other method identified by the Secretary. The term sodium nitrite poisoning means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals, causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness.
The term ventilation shutdown means a method of animal depopulation that involves sealing a building in which animals are confined, shutting inlets, and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia, including ventilation shutdown plus. The term ventilation shutdown plus means a ventilation shutdown method that involves the use of additional heat or humidity. The term water-based foaming means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia.
Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— shall not be eligible for any Federal contract for a period of 10 years beginning on that date; shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date; and shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator.
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and to coordinate a national stockpile of resources— to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1).
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