Section
1901. Findings and declaration of policy
1902. Humane methods
1903. [Repealed]
1904. Methods research; designation of methods
1905. [Repealed]
1906. Exemption of ritual slaughter

This Chapter is referred to in 21 USCS §§ 603, 610, 620.

The Congress finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economies in slaughtering operations; and produces other benefits for producers, processors, and consumers which tend to expedite an orderly flow of livestock and livestock products in interstate and foreign commerce. It is therefore declared to be the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods.

(Aug. 27, 1958, P. L. 85-765, § 1, 72 Stat. 862.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

Short titles:
Act Oct. 10, 1978, P. L. 95-445, § 1, 92 Stat. 1069, which appears as
21 USCS § 601 note, provided: "This Act may be cited as the 'Humane
Methods of Slaughter Act of 1978'.". For full classification of such
Act, consult USCS Tables volumes.

Humane slaughter of livestock, 9 CFR Part 313.

Food safety and inspection of imported products, 9 CFR Part 327.

Am Jur:
58 Am Jur 2d, Occupations, Trades, and Professions § 65.

§ 1902. Humane methods

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:

(a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or

(b) by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.

(Aug. 27, 1958, P. L. 85-765, § 2, 72 Stat. 862; Oct. 10, 1978, P. L. 95-445, § 5(a), 92 Stat. 1069.)

Amendments:

1978. Act Oct. 10, 1978, in subsec. (a) inserted "and" following "current scientific knowledge;" in subsec. (b) deleted "for purposes of section 3 hereof" following "subsequent to March 1, 1959, shall become effective, substituted a period for the concluding semicolon; and repealed subsec. (c), which read: "to provide suitable means of identifying the carcasses of animals inspected and passed under the Meat Inspection Act (21 U.S.C. 71 and the following) that have been slaughtered in accordance with the public policy declared herein.  Handling in connection with such slaughtering which necessarily accompanies the method of slaughter described in subsection (b) of this section shall be deemed to comply with the public policy specified by this section."

Other provisions:

Effective date of 1978 amendment; exceptions. Act Oct. 10, l978, P. L. 95 445, § 7, 92 Stat. 1070, which appears as 21 USCS § 603 note, provided that the amendment made to this section by such Act is effective one year after enactment [on Oct. 10, 1978], but that such provisions are not applicable to a person, firm, or corporation for such additional period of time, not to exceed eighteen months, as determined by the Secretary, if the Secretary, upon application, finds that earlier compliance would cause undue hardship on such person, firm, or corporation.

Humane slaughter of livestock, 9 CFR Part 313. Food safety and inspection of imported products, 9 CFR Part 327.

This section is referred to in 7 USCS § 1906.

Am Jur:
58 Am Jur 2d, Occupations, Trades, and Professions § 66.

1. Constitutionality
2. Construction
3. Standing

1. Constitutionality

    Since §1902(b) has secular purpose of establishing humane standards for slaughter of livestock, its principal or primary effect is to provide for humane slaughter, and it does not foster excessive government entanglement with religion. Jones v Butz (1974, SD NY) 374 F Supp 1284, affd 419 US 806,42 L Ed 2d 36, 95 S Ct 22.

2. Construction

    7 USCS §1902(b) is not exception to §1902(a); since it is phrased in the disjunctive, statute makes neither (a) nor (b) exception to other; described methods are alternative methods, and neither is dependent upon other for ascertainment of its meaning, and each one is supported by legislative history as justifiable legislative determination that stated method of slaughter is humane. Jones v Butz (1974, SD NY) 374 F Supp 1284, affd 419 US 806, 42 L Ed 2d 36, 95 SCt 22.

3. Standing

    Plaintiffs who challenged constitutionality of Humane Slaughter Act because of religious exceptions contained in 7 USCS §§ 1902(b), 190S and 1906 had standing to bring action as taxpayers, because federal money was spent in procuring meat and meat products affected by sections in question, and as consumers and citizens, because plaintiffs alleged that religious exceptions made it impossible to purchase meat from animals slaughtered by process that they considered humane, and this uncertainty allegedly caused injury to their moral principles and aesthetic sensibilities. Jones v Butz (1974, SD NY) 374 F Supp 1284, affd 419 US 806, 42 L Ed 2d 36, 95 S Ct 22.

§ 1903. [Repealed]
 

HISTORY; ANCILLARY LAWS AND DIRECTIVES

This section (Act Aug. 27, 1958, P. L. 85-765, § 3, 72 Stat. 862) was repealed by Act Oct. 10, 1978, P. L. 95445, § 5(b), 92 Stat. 1069, effective one year after enactment on Oct. 10, 1978, except as provided by § 7 of such Act, which appears as 21 USCS §§ 603 note. Such section provided for the consideration of policy of humane methods of livestock slaughter in all government procurement and price support programs.

Other provisions:

Contracts for or procurement of livestock products during the period from June 30, 1960, to August 30, 1960. Act June 29, 1960, P. L. 86547, 74 Stat. 255, permitted any agency or instrumentality of the United States, during the period from June 30, 1960, to August 30, 1960, to contract for or procure livestock products produced or processed by a slaughterer or processor which slaughtered or handled for slaughter livestock by methods other than those designated and approved by the Secretary of Agriculture if such slaughterer or processor had contracted for the purchase of the equipment necessary to enable him to adopt such methods but such equipment had not been delivered to him.

In furtherance of the policy expressed herein the Secretary is authorized and directedó

(a) to conduct, assist, and foster research, investigation, and experimentation to develop and determine methods of slaughter and the handling Of [7 USCS 48 §1901, 257] livestock in connection with slaughter which are practicable with reference to the speed and scope of slaughtering operations and humane with reference to other existing methods and then current scientific knowledge; and

(b) on or before March 1, 1959, and at such times thereafter as he deems advisable, to designate methods of slaughter and of handling in connection with slaughter which, with respect to each species of livestock, conform to the policy stated herein If he deems it more effective, the Secretary may make any such designation by designating methods which are not in conformity with such policy. Designations by the Secretary subsequent to March 1, 1959, shall become effective 180 days after their publication in the Federal Register.

(Aug. 27, 1958, P. L. 85-765, § 4, 72 Stat. 863; Oct. 10, 1978, P. L. 95-445, § 5(b) (e), 92 Stat. 1069.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

Amendments:

1978. Act Oct. 10, 1978, in subsec. (a), inserted "and" following "current scientific knowledge;" in subsec. (b), deleted "for purposes of section 3 hereof" following "subsequent to March 1, 1959, shall become effective", substituted a period for the concluding semicolon; and repealed subsec. (c), which read: "to provide suitable means of identifying the carcasses of animals inspected and passed under the Meat Inspection Act (21 U.S.C. 71 and the following) that have been slaughtered in accordance with the public policy declared herein. Handling in connection with such slaughtering which necessarily accompanies the method of slaughter described in subsection (b) of this section shall be deemed to comply with the public policy specified by this section.".

Other provisions:

Effective date of l978 amendment; exceptions. Act Oct. 10, 1978, P. L. 95-445, § 7, 92 Stat. 1070, which appears as 21 USCS § 603 note, provided that the amendment made to this section by such Act is effective one year after enactment [on Oct. 10, 1978], but that such provisions are not applicable to a person, firm, or corporation for such additional period of time, not to exceed eighteen months, as determined by the Secretary, if the Secretary, upon application, finds that earlier compliance would cause undue hardship on such person, firm, or corporation.

Humane slaughter of livestock, 9 CFR Part 313. Food safety and inspection of imported products, 9 CFR Part 327.

Am Jur:
58 Am Jur 2d, Occupations, Trades, and Professions §§ 66, 67.

§ 1905. [Repealed]

This section (Act Aug. 27, 1958, P. L. 85-765, § 5, 72 Stat. 863) was repealed by Act Oct. 10, 1978, P. L. 95 445, § 5(b), 92 Stat. 1069, effective one year after enactment on Aug. 27, 1958, except as provided by § 603 of such Act, which appears as 21 USCS § 603 note. Such section provided for an advisory commission to assist in implementing provisions of 7 USCS § 1904.

Nothing in this Act [7 USCS §§ 1901 et seq.] shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this Act [7 USCS §§ 1901 et seq.], in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this Act [7 USCS §§ 1901 et seq.]. For the purposes of this section the term "ritual slaughter" means slaughter in accordance with section 2(b) [7 USCS § 1902(b)].

(Aug. 27, 1958, P. L. 85-765, § 6, 72 Stat. 864.)

Humane slaughter of livestock, 9 CFR Part 313. Food safety and inspection of imported products, 9 CFR Part 327.

Am Jur:
58 Am Jur 2d, Occupations, Trades, and Professions § 66.

Plaintiffs who challenged constitutionality of Humane Slaughter Act because of religious exceptions contained in 7 USCS §§1902(b), 1905 and 1906 had standing to bring action as taxpayers, because of federal money spent in procuring meat and meat products affected by sections in question, and as consumers and citizens, because plaintiffs alleged that religious exceptions made it impossible to purchase meat from animals slaughtered by process that they considered humane, and this uncertainty allegedly caused injury to their moral principles and aesthetic sensibilities. Jones v Butz (1974, SD NY) 374 F Supp 1284, affd 419 US 806, 42 L Ed 2d 36, 95 S Ct 22.