Legislative Work
Presented before the U.S. House Agricultural Subcommittee
on Livestock -- Sept. 28, 1994

Mr. Chairman - Members of the Committee, thank you for holding this hearing. I very much appreciate the opportunity to speak with you about downed animals. My name is Gene Baur (formerly Bauston) , and I am testifying on behalf of Farm Sanctuary, a national animal protection organization which works to prevent farm animal suffering.

Starting in 1986, Farm Sanctuary has conducted approximately 1000 visits to U.S. livestock markets. We have found downed animals, animals too sick even to stand, subjected to mistreatment and neglect throughout the country.

Whenever downed animals are present at stockyards, their suffering is practically guaranteed. It is very difficult, logistically, to move downed animals humanely. In the words of the Minnesota Livestock Marketing Association, "It is near impossible to unload and/or move downed and severely distressed animals in a humane manner without first euthanizing them." Downed animals are typically moved by dragging, a process which causes injuries ranging from bruises and abrasions to broken bones and torn ligaments.

Downed animals at stockyards rarely receive veterinary attention. Stockyards are reluctant to call veterinarians because the stockyards do not own the animals, and they don’t want to get stuck with a bill. In addition, downed animals may be destined for slaughter, and so veterinarians are precluded from administering antibiotic treatment because such treatment may violate drug withdrawal time periods which must be observed in slaughter animals.

Downed animals are immobile and cannot get to food and water troughs. They may lie for hours or days without receiving their basic needs, and many die of gross neglect. Stockyards are not properly equipped, nor do they have the time, to provide individual downed animals with necessary care.

According to an article from February, 1994 issue of the Journal of the American Veterinary Medical Association, "Non ambulatory [downer] cattle are a major problem area. Less than 1% of the cattle handled and transported are downers, but these animals may suffer greatly." According to United Stockyards Corporation and John Lang of the Livestock Conservation Institute, downed animals comprise approximately 1/10 of one percent of all animals sent to livestock markets. Not only is this number extremely small, but the vast majority of these animals, 90% according to an article in "Meat & Poultry" (8/91), are preventable.

Empirical evidence points to the importance of prevention on the farm. In 1993, there was statewide media coverage as well as legislation introduced to protect downed animals in California. Responsible farmers and veterinarians responded by preventing downers. In April, 1993, dairy veterinarian Dr. Jim Reynolds testified in support of the California Downed Animal Protection Act. Describing his experience with preventing downers, he explained, "One client has built a special pen with milking facilities to treat young cows injured at calving and has recovered three of the last four that would have been sold as downers. The owners and I have become more involved with strategies to prevent downed cows. Reducing overcrowding, sanitation of the corrals and loafing areas, improving nutrition and assistance at calving are some of the things my clients and I have begun addressing…" I spoke with Dr. Reynolds last month (August, 1994), and he estimates that approximately 80% of downed cows can be prevented with improvements on the farm.

Unfortunately, not all of California’s livestock industry has acted as responsibly as Dr. Reynolds and his clients. During 1993, with the topic of downed animals in focus, Farm Sanctuary conducted a study of 16 California stockyards. We found downed animals at eight (50%) of the stockyards visited, and we witnessed inexcusable cruelty and neglect. A copy of the study summary is attached to my testimony.

Nationally, the issue of downed animals suffering has aired on several television news programs, and many stockyards now purport to have implemented "no downer" policies whereby they refuse to accept downed animals. Unfortunately, these voluntary policies have not been effective, and downed animals are often found at stockyards supposed to have "no downer" policies.

In 1991, United Stockyards Corporation was criticized on network television and announced it would no longer accept downed animals at any of its seven mid-western stockyards. However, when United was revisited by Farm Sanctuary in 1992, downers were found at 3 of its 7 facilities. I would like to submit a video tape of a news report which demonstrates United’s inability to enforce its own "no downer" policy.

Last year, Lancaster Stockyards, the first major stockyard to publicly respond to animal welfare concerns and adopt a "no downer" policy, was convicted of cruelty to animals for neglecting a downed cow. I have attached an article from the Intelligencer Journal in Lancaster, PA describing this conviction.

Just last week I visited the Empire Livestock Market in Dryden, NY. Although this stockyard is supposed to have a policy against accepting downed animals, I found a baby calf unable to walk lying in the unloading dock.

Although the livestock industry has shown an increased concern over the mistreatment of downed animals and has taken some steps to resolve the problem, it is clear that industry cannot police itself, and that legislation is needed.

Three states (California, Illinois, and Maryland) have recently passed laws specifically banning the acceptance of downed animals at stockyards. In Illinois and Maryland, the states’ Agriculture Departments spearheaded this action. In Illinois, the Pork Producers, Beef Association, and humane groups supported the bill, and it passed the Illinois legislature without opposition. We are encouraged by the passage of state laws to protect downed animals, but we believe there is a need for federal legislation on this topic. Please see attached informational page, "Downed Animals: Why Federal Legislation is Needed."

The Downed Animal Protection Act proscribes an appropriate solution to an unnecessary problem. It provides incentives for preventing downed animals in the first place, and it provides an appropriate remedy to the problem when it does occur. This legislation will prevent animal suffering without adversely impacting the livestock industry. In the long run, the Downed Animal Protection Act will benefit the livestock industry by promoting improved husbandry practices and enhancing consumer confidence in the quality of its products.

Preliminary findings from research being conducted at Texas A & M University indicate that the general public overwhelmingly supports the Downed Animal Protection Act, while a slight majority of the livestock producers also supports this proposal. Attached is a copy of preliminary findings of this study with a cover page from Dr. Ted Friend.

The Packers and Stockyards Administration of USDA is conducting a "routine surveillance" program to evaluate conditions at stockyards. This program is planned to continue as an opened ended investigation as Packers & Stockyards personnel visit stockyards nationwide. Why can’t the Packers & Stockyards Administration, which is visiting stockyards on a regular basis anyway, be empowered to enforce minimal humane treatment standards.

Mr. Chairman, members of the subcommittee, thank you for holding this hearing. I appreciate the opportunity to discuss this issue, and I am happy to respond to any questions you may have.