H.R. 4757

[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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