119-hr4757

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4757 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4757

 To direct the Secretary of Agriculture to remove nonambulatory pigs 
 from the United States food system, to establish an online portal for 
 confidential complaints, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 25, 2025

Ms. Escobar (for herself, Mr. Nadler, and Mr. McGovern) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
 in addition to the Committee on Education and Workforce, for a period 
 to be subsequently determined by the Speaker, 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 system, to establish an online portal for 
 confidential complaints, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pigs and Public 
Health Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.
 TITLE I--HUMANE HANDLING REFORMS FOR NONAMBULATORY PIGS

Sec. 101. Unlawful use of drugs contributing to nonambulatory 
 conditions.

Sec. 102. Transportation of pigs.

Sec. 103. Unlawful slaughter practices involving pigs.

Sec. 104. OSHA standard and staffing requirement.
 TITLE II--PUBLIC HEALTH TRANSPARENCY

Sec. 201. Online portal for confidential complaints.

Sec. 202. Whistleblower protection.

Sec. 203. Study and report on threat of nonambulatory pigs in food 
 system.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Humane euthanization of nonambulatory pigs--
        (A) prevents needless suffering;
        (B) results in safer and better working conditions 
 for individuals handling pigs;
            (C) brings about improvement of products and 
 reduces the likelihood of the spread of zoonotic and 
 other diseases that have a great and deleterious 
 economic impact; and
            (D) protects the public health of consumers by 
 ensuring that products from nonambulatory pigs do not 
 enter the food supply.

    (2) Many nonambulatory pigs are ill and may carry dangerous 
 pathogens, posing a serious public health risk, considering--
        (A) in a 2008 study, significantly more 
 nonambulatory pigs than control pigs tested positive 
 for swine influenza viruses H1N1 and H3N2;
        (B) 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 
 Campylobacter; and
            (C) the Centers for Disease Control and Prevention 
 estimates that pork containing pathogens leads to about 
 525,000 infections, 2,900 hospitalizations, and 82 
 deaths in humans each year.

    (3) Industrial operators have created a system that allows 
 for the inhumane handling of nonambulatory livestock that 
 causes needless suffering, unsafe working conditions, and the 
 spread of foodborne and zoonotic diseases.

    (4) Industrial operators have abused the use of certain 
 drugs that increase the risk of pigs becoming nonambulatory.

    (5) Current Federal animal transport laws are ineffective, 
 inherently cruel, and cause pigs to become nonambulatory.

    (6) Employees and contract laborers on farms, during 
 transport, and at slaughter deal with nonambulatory pigs first 
 hand, making them uniquely positioned to report public health 
 threats they witness.

    (7) Since 2004, 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 spread, but there are no such regulations for other 
 species.

    (8) In 2002, Congress mandated that the Department of 
 Agriculture release a report regarding nonambulatory animals, 
 but no such report has been released. The Department of 
 Agriculture released a report on nonambulatory cattle and 
 calves in 2005 and a report on sheep and goats in 2006. No 
 report has been issued on nonambulatory pigs.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Covered entity.--The term ``covered entity'' means--
        (A) a stockyard;
        (B) a market agency;
            (C) a packer (as defined in 

section 201 of the 
 Packers and Stockyards Act, 1921 (7 U.S.C. 191));
            (D) a dealer (as defined in 

section 301 of the 
 Packers and Stockyards Act, 1921 (7 U.S.C. 201));
        (E) a slaughter facility; and
        (F) an establishment subject to inspection pursuant 
 to the Federal Meat Inspection Act (21 U.S.C. 601 et 
 seq.).

    (2) Covered individual.--The term ``covered individual'' 
 means any employee, former employee, contractor, or other 
 person who has worked or is currently working for or with a 
 covered entity.

    (3) Nonambulatory pig.--The term ``nonambulatory pig'' 
 means any swine that cannot stand or walk unassisted.

    (4) Secretary.--The term ``Secretary'' means the Secretary 
 of Agriculture.

 TITLE I--HUMANE HANDLING REFORMS FOR NONAMBULATORY PIGS

SEC. 101. UNLAWFUL USE OF DRUGS CONTRIBUTING TO NONAMBULATORY 
 CONDITIONS.

 The Animal Health Protection Act is amended by inserting after 

section 10409A (7 U.S.C. 8308a) the following:

``

SEC. 10409B. UNLAWFUL USE OF BETA-ADRENERGIC AGONIST DRUGS IN PIGS.

 ``Any use of a beta-adrenergic agonist drug, including ractopamine, 
zilpaterol, and lubabegron, in a pig in the absence of disease, 
including use for growth promotion or feed efficiency, is 
prohibited.''.

SEC. 102. TRANSPORTATION OF PIGS.

    (a) In General.--The Animal Welfare Act is amended by inserting 
after 

section 13 (7 U.S.C. 2143) the following:

``

SEC. 13A. TRANSPORTATION OF PIGS.

 ``

    (a) Transportation.--In any case in which pigs are transported by 
a covered provider of transportation on behalf of a covered entity, the 
covered provider of transportation transporting the pigs shall ensure 
that--
 ``

    (1) the means of transport provides adequate protection 
 of the pigs from high winds, rain, and snow;
 ``

    (2) the pigs are provided with appropriate bedding or 
 equivalent material that--
 ``
        (A) prevents slipping;
 ``
        (B) ensures a level of comfort appropriate to--
 ``
            (i) pigs;
 ``
            (ii) the number of pigs being 
 transported;
 ``
            (iii) the duration of the period of 
 transportation; and
 ``
            (iv) the weather; and
 ``
            (C) provides adequate absorption of urine and 
 feces;
 ``

    (3) the pigs are not overcrowded during transport;
 ``

    (4) 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 
 animal;
 ``

    (5) watering devices on the means of transport are--
 ``
        (A) in good working order;
 ``
        (B) appropriately designed; and
 ``
            (C) positioned appropriately for pigs to be 
 watered during transport;
 ``

    (6) the pigs have enough space--
 ``
        (A) to turn around;
 ``
        (B) to lie down; and
 ``
            (C) to fully extend their limbs; and
 ``

    (7) the pigs are not transported if the temperature 
 within the means of transport cannot be maintained between 50 
 and 75 degrees Fahrenheit.
 ``

    (b) Recordkeeping.--
 ``

    (1) In general.--Each covered provider of transportation 
 shall maintain records of all pigs transported by such covered 
 provider on behalf of any covered entity.
 ``

    (2) Production of records.--A covered provider of 
 transportation shall provide the records maintained under 
 paragraph

    (1) to the Secretary on request.
 ``
            (c) === Definitions. ===
-In this section:
 ``

    (1) Covered entity.--The term `covered entity' means--
 ``
        (A) a stockyard;
 ``
        (B) a market agency;
 ``
            (C) a packer (as defined in 

section 201 of the 
 Packers and Stockyards Act, 1921 (7 U.S.C. 191));
 ``
            (D) a dealer (as defined in 

section 301 of the 
 Packers and Stockyards Act, 1921 (7 U.S.C. 201));
 ``
        (E) a slaughter facility; and
 ``
        (F) an establishment.
 ``

    (2) Covered provider of transportation.--The term 
 `covered provider of transportation' means any entity that 
 provides transport of livestock on behalf of a covered entity.
 ``

    (3) Establishment.--The term `establishment' means an 
 establishment that is subject to inspection pursuant to the 
 Federal Meat Inspection Act (21 U.S.C. 601 et seq.).''.

    (b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall promulgate final regulations to 
enforce the provisions of subsection

    (a) .

SEC. 103. UNLAWFUL SLAUGHTER PRACTICES INVOLVING PIGS.

    (a) In General.--Public Law 85-765 (commonly known as the ``Humane 
Methods of Slaughter Act of 1958'') is amended by adding at the end the 
following:

``

SEC. 7. HUMANE TREATMENT OF PIGS.

 ``

    (a) Nonambulatory Pigs.--
 ``

    (1) Humane treatment, handling, and disposition.--The 
 Secretary of Agriculture shall promulgate regulations to 
 provide for the humane treatment, handling, and disposition of 
 all nonambulatory pigs by covered entities, including 
 requirements for a covered entity--
 ``
        (A) to, subject to paragraph

    (2) , immediately 
 humanely euthanize nonambulatory pigs in the possession 
 of the covered entity;
 ``
        (B) to have written policies and procedures in 
 place, and proper equipment, relating to the humane 
 handling, euthanization, and disposition of all 
 nonambulatory pigs in the possession of the covered 
 entity;
 ``
            (C) to maintain records of all nonambulatory pigs 
 in the possession of the covered entity; and
 ``
            (D) to electronically submit such written 
 policies and procedures and such records to the 
 Administrator of the Food Safety and Inspection 
 Service.
 ``

    (2) Humane euthanasia.--
 ``
        (A) In general.--The Secretary shall promulgate 
 regulations specifying--
 ``
            (i) the methods of euthanasia that shall 
 be acceptable for the humane disposition of 
 nonambulatory pigs required under the 
 regulations promulgated under paragraph

    (1) ; 
 and
 ``
            (ii) processes for ensuring effective 
 enforcement of the use of such methods.
 ``
        (B) Disease testing.--The Secretary shall test 
 nonambulatory pigs for a disease, such as swine 
 influenza viruses H1N1 and H3N2, Salmonella, Yersinia 
 enterocolitica, Campylobacter, and Methicillin-
 resistant Staphylococcus aureus.
 ``

    (3) Transacting or processing.--A covered entity shall 
 not--
 ``
        (A) buy or sell a nonambulatory pig;
 ``
        (B) process, butcher, or sell meat or meat food 
 products of a nonambulatory pig; or
 ``
            (C) slaughter any nonambulatory pig or prepare 
 any carcass or part of a carcass, or meat or meat food 
 product, from any nonambulatory pig.
 ``

    (4) Records.--The Administrator of the Food Safety and 
 Inspection Service shall maintain all documents submitted by 
 covered entities pursuant to the regulations under paragraph

    (1) .
 ``

    (b) Willful Acts of Abuse.--The Secretary shall promulgate 
regulations prohibiting a covered individual from committing any 
willful act of abuse--
 ``

    (1) against nonambulatory pigs; or
 ``

    (2) that may reasonably be expected to result in injury 
 or illness of ambulatory pigs.
 ``
            (c) Injured and Diseased Pigs.--
 ``

    (1) Injured pigs.--The Secretary shall promulgate 
 regulations specifying the proper handling of injured pigs by a 
 covered entity, including requirements to--
 ``
        (A) immediately treat or humanely euthanize pigs 
 diagnosed as lame; and
 ``
        (B) immediately humanely euthanize--
 ``
            (i) pigs with--
 ``
            (I) uterine prolapses; or
 ``
            (II) any type of prolapse that is 
 not addressed and becomes necrotic;
 ``
            (ii) pigs with--
 ``
            (I) perforated hernias;
 ``
            (II) hernias that are ulcerated 
 and necrotic; or
 ``
            (III) large hernias that touch 
 the ground while standing and are 
 ulcerated; and
 ``
            (iii) pigs that are unlikely to recover 
 from any other type of injury, even with 
 treatment.
 ``

    (2) Diseased pigs.--The Secretary shall promulgate 
 regulations specifying the proper handling of diseased pigs by 
 a covered entity, including requirements to immediately 
 humanely euthanize pigs that are not responding to care or are 
 unlikely to recover from disease or illness.
 ``
            (d) === Definitions. ===
-In this section:
 ``

    (1) Covered entity.--The term `covered entity' means--
 ``
        (A) a stockyard;
 ``
        (B) a market agency;
 ``
            (C) a packer (as defined in 

section 201 of the 
 Packers and Stockyards Act, 1921 (7 U.S.C. 191));
 ``
            (D) a dealer (as defined in 

section 301 of the 
 Packers and Stockyards Act, 1921 (7 U.S.C. 201));
 ``
        (E) a slaughter facility; and
 ``
        (F) an establishment.
 ``

    (2) Covered individual.--The term `covered individual' 
 means any employee, former employee, contractor, or other 
 person who has worked or is currently working for or with a 
 covered entity.
 ``

    (3) Diseased.--The term `diseased' means a state of 
 being--
 ``
        (A) that deviates from the normal structural or 
 functional state of an animal;
 ``
        (B) in which the animal is impaired or exhibits 
 signs or symptoms of pain or suffering; and
 ``
            (C) that is not caused by physical injury.
 ``

    (4) Establishment.--The term `establishment' means an 
 establishment that is subject to inspection pursuant to the 
 Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
 ``

    (5) Humanely euthanize.--The term `humanely euthanize' 
 means, with respect to a pig, to immediately render the pig 
 unconscious by mechanical, chemical, or other means, with the 
 unconscious state remaining until the death of the pig.
 ``

    (6) Injured.--The term `injured' means a state of being 
 in which an animal's body is physically harmed or damaged.
 ``

    (7) Nonambulatory pig.--The term `nonambulatory pig' 
 means any swine that cannot stand or walk unassisted.
 ``

    (8) Secretary.--The term `Secretary' means the Secretary 
 of Agriculture.
 ``

    (9) Willful acts of abuse.--The term `willful acts of 
 abuse' means, with respect to pigs, any acts that intentionally 
 cause pain or suffering to the pigs, including--
 ``
        (A) hitting or beating the pigs, such as with a 
 fist, foot, or any hard objects that can cause pain or 
 injury;
 ``
        (B) purposefully slamming, dropping, throwing, or 
 dragging the pigs by any body part, except in the case 
 of moving nonambulatory pigs using a drag mat;
 ``
            (C) excessive use of electric prods, including--
 ``
            (i) prodding the pigs in sensitive areas, 
 such as the face, genitals, or rectum;
 ``
            (ii) providing a shock that lasts longer 
 than one second; and
 ``
            (iii) using electric prods other than as 
 a last resort;
 ``
            (D) failure to provide food, water, and care to 
 the pigs in a manner that could result in significant 
 harm or death to the pigs; and
 ``
        (E) driving the pigs on top of one another, 
 including with the use of motorized vehicles.''.

    (b) Inspection of Nonambulatory Pigs; Labeling.--

Section 6 of the 
Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at the 
end the following:
 ``
            (c) Inspection of Nonambulatory Pigs; Labeling.--
 ``

    (1) 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 (including 
 parts of a carcass) of a nonambulatory pig.
 ``

    (2) Labeling.--An inspector or other employee of an 
 establishment described in paragraph

    (2) shall label, mark, 
 stamp, or tag as `inspected and condemned' any carcass 
 (including parts of a carcass) of a nonambulatory pig.
 ``

    (3) Nonambulatory pig defined.--In this subsection, the 
 term `nonambulatory pig' means any swine that cannot stand or 
 walk unassisted.''.
            (c) Effective Date.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 amendments made by subsections

    (a) and

    (b) shall take effect on 
 the date that is 1 year after the date of enactment of this 
 Act.

    (2) Regulations.--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 subsections

    (a) and

    (b) .

SEC. 104. OSHA STANDARD AND STAFFING REQUIREMENT.

    (a) Proposed Standard.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Labor shall, pursuant to 

section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
655), promulgate a proposed standard for handling nonambulatory pigs. 
Such proposed standard shall include requirements for--

    (1) employee training related to handling such pigs; and

    (2) the use of mechanical lifting aids.

    (b) Final Standard.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Labor shall, pursuant to 

section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
655), promulgate a final standard that shall be--

    (1) based on the proposed standard under paragraph

    (1) ; and

    (2) effective and enforceable in the same manner and to the 
 same extent as any standard promulgated under 

section 6

    (b) of 
 such Act (29 U.S.C. 655

    (b) ).
            (c) Staffing Requirement.--A covered entity shall take such steps 
as may be necessary, including hiring and training additional 
employees, to comply with the requirements of this Act, the amendments 
made by this Act, and the final standard promulgated pursuant to 
subsection

    (b) .

 TITLE II--PUBLIC HEALTH TRANSPARENCY

SEC. 201. ONLINE PORTAL FOR CONFIDENTIAL COMPLAINTS.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Agriculture, in consultation 
with the Secretary of Labor, shall establish and make publicly 
available on the website of the Department of Agriculture an online 
portal, through which individuals may submit confidential complaints 
regarding alleged or potential violations by a covered entity of--

    (1) this Act, or the amendments made by this Act, 
 including--
        (A) section 10409B of the Animal Health Protection 
 Act (as inserted by 

section 101);
        (B) section 13A of the Animal Welfare Act (as 
 inserted by 

section 102);
            (C) section 7 of Public Law 85-765 (commonly known 
 as the ``Humane Methods of Slaughter Act of 1958'') (as 
 added by 

section 103

    (a) ); and
            (D) section 6
            (c) of the Federal Meat Inspection Act 
 (as added by 

section 103

    (b) );

    (2) the Occupational Safety and Health Act of 1970 (29 
 U.S.C. 651 et seq.); or

    (3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
 seq.).

    (b) Public Notice.--Upon the establishment of the online portal 
described in subsection

    (a) , the Secretary shall issue a public notice 
informing individuals of--

    (1) their right to use such portal; and

    (2) the confidentiality protections provided by the 
 Department of Agriculture and the Department of Justice to 
 individuals who submit complaints through such portal, which 
 shall include--
        (A) keeping confidential any personally 
 identifiable information of an individual contained in 
 such a complaint, unless--
            (i) such individual provides to the 
 Secretary advance written permission to release 
 such information; or
            (ii) 
            (I) the release of such information is 
 otherwise required by law; and
            (II) the Secretary provides to such 
 individual advance warning, as soon as 
 feasible, that the release of such information 
 is legally required; and
        (B) a requirement that if work on the case is 
 transferred to a nongovernmental entity, that entity 
 will be bound by the original confidentiality 
 provisions.
            (c) Annual Reports on Aggregate Data.--Not later than 1 year after 
the date of enactment of this Act, and annually thereafter, the 
Secretary shall make publicly available a report describing the 
aggregate data collected from the online portal described in subsection

    (a) .

SEC. 202. WHISTLEBLOWER PROTECTION.

    (a) In General.--A covered entity shall not discharge, demote, 
suspend, threaten, harass, or in any other manner discriminate against 
a covered individual because of any lawful act done by the covered 
individual--

    (1) to provide information, cause information to be 
 provided, 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 Act;

    (2) to file, cause to be filed, testify, participate in, or 
 otherwise assist in a proceeding or action filed, or about to 
 be filed, relating to a violation of any law, rule, or 
 regulation; or

    (3) to refuse to violate, or assist in the violation of, 
 any law, rule, or regulation.

    (b) Enforcement Action.--

    (1) Complaint.--
        (A) In general.--A covered individual who alleges 
 discharge or other discrimination by any person in 
 violation of paragraph

    (1) may seek relief by filing a 
 complaint with the Office of the Inspector General of 
 the Department of Agriculture, which shall investigate 
 the concerns raised by the covered individual that 
 allegedly caused retaliation.
        (B) Legal action.--If the Office of the Inspector 
 General has not issued a final decision regarding the 
 investigation by the date that is 210 days after the 
 date on which the complaint is filed, and there is no 
 showing that the delay is due to the bad faith of the 
 claimant, the claimant may bring an action at law or 
 equity for de novo review in the appropriate district 
 court of the United States, which shall have 
 jurisdiction over such an action without regard to the 
 amount in controversy.

    (2) Procedure.--A complaint under paragraph

    (1)
        (A) shall be 
 governed under the rules and procedures established in 

section 1013 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
 399d) and shall be resolved within 21 days after the date on 
 which such complaint is filed.

    (3) Remedies.--A covered individual who prevails in any 
 action under subparagraph
        (A) shall be entitled to remedies 
 equivalent to relief provided under 

section 1013

    (b)

    (4)
        (B) of 
 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
 399d

    (b)

    (4)
        (B) ).
            (c) Rights Retained by the Individual.--

    (1) In general.--Nothing in this subsection diminishes the 
 rights, privileges, or remedies of any individual under any 
 Federal or State law, or under any collective bargaining 
 agreement.

    (2) Waiver of rights and remedies.--The rights and remedies 
 provided for in this section may not be waived by any 
 agreement, policy form, or condition of employment, including 
 by a predispute arbitration agreement.

    (3) Predispute arbitration agreements.--No predispute 
 arbitration agreement shall be valid or enforceable, to the 
 extent the agreement requires arbitration of a dispute arising 
 under this section.

SEC. 203. STUDY AND REPORT ON THREAT OF NONAMBULATORY PIGS IN FOOD 
 SYSTEM.

    (a) Study.--The Under Secretary of Agriculture for Food Safety 
shall, in coordination with the Director of the Centers for Disease 
Control and Prevention, conduct a study regarding the public health 
threat of nonambulatory pigs entering the food system.

    (b) Report.--

    (1) In general.--Not later than 1 year after the date of 
 enactment of this Act, the Under Secretary shall submit to 
 Congress, and make publicly available, a report describing the 
 results of the study conducted under subsection

    (a) .

    (2) Contents.--Such report shall include, at a minimum, 
 descriptions of the impact on the public health of pathogens 
 associated with nonambulatory pigs, including--
        (A) Swine influenza viruses H1N1 and H3N2;
        (B) Salmonella;
            (C) Yersinia enterocolitica;
            (D) Campylobacter; and
        (E) Methicillin-resistant Staphylococcus aureus.
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