Humane Transport of Farmed Animals Act

The Humane Transport of Farmed Animals Act—introduced in the House of Representatives by Rep. Dina Titus (D-NV)—would (a) require the Department of Transportation (DOT) and the US Department of Agriculture (USDA) to develop a mechanism to monitor compliance with the Twenty-Eight Hour Law and (b) prohibit the interstate transport of livestock unfit for travel.

Summary of Bill Provisions

The Humane Transport of Farmed Animals Act would amend two federal laws in order to improve conditions for livestock subject to interstate transport. First, H.R. 8699 amends the Twenty-Eight Hour Law (49 U.S.C. 80502) to require the Secretary of Transportation, in consultation with the Secretary of Agriculture, to develop a mechanism for conducting investigations into potential violations of the statute—including through inspection of vehicles transporting animals and records related to such transport. 

Second, the bill amends the Animal Health Protection Act (7 U.S.C. 8301 et seq.) to prohibit the interstate transport of livestock considered unfit for travel. The fitness criteria mirror those established by the World Organisation for Animal Health—the leading international authority on the health and welfare of animals—and would match those already in place for animals exported from the United States to other countries (9 C.F.R. 9137). Under these criteria, animals unfit for travel include livestock that— 

1. are sick, injured, weak, disabled, or fatigued;
2. are unable to stand unaided or bear weight on each leg;
3. are blind in both eyes;
4. cannot be moved without causing additional suffering;
5. are newborn with a navel that has not been fully healed;
6. are pregnant and that would be in the final 10 percent of their gestation period at the planned time of unloading;
7. have given birth within the previous 48 hours and are traveling without their offspring; and/or
8. have a body condition that would result in poor welfare because of the expected climatic conditions.

Why This Legislation Is Necessary 

Lack of Twenty-Eight Hour Law Enforcement
At present, the Twenty-Eight Hour Law is the only source of protection—albeit minimal—for animals transported long distances. The statute requires animals traveling 28 hours or more to be offloaded for food, water, and rest. However, the statute is not actively enforced. In fact, over the past 15 years, the USDA has made only 12 inquiries into possible violations of the law, just one of which was referred to the Department of Justice—an alarming lack of enforcement given evidence that suggests millions of animals are being transported in excess of 28 hours each year.¹

Potential avenues for monitoring compliance include integrating checks into routine roadside inspections conducted by the DOT, humane handling verifications conducted at slaughterhouses by the USDA’S Food Safety and Inspection Service, and/or live animal export inspections conducted by the USDA’s Animal and Plant Health Inspection Service.

Importance of Fitness for Travel Criteria
Under current US live animal export regulations, animals intended for export must pass an inspection demonstrating they are sound, healthy, and fit to travel. These regulations protect the health and welfare of the animals and help prevent the spread of disease. Unfortunately, such requirements do not currently exist for the millions of farmed animals (not including poultry) transported long distances throughout the United States each year.

Transport is very stressful for livestock. In addition to the vibrations, noise, fumes, and unfamiliar environments, transported animals often experience prolonged food and water deprivation, intense crowding, exposure to extreme heat and cold, and physical stress and injuries from rough handling and having to balance in a moving truck. These stressors negatively affect animal health and welfare. Stress also lowers an animal’s resistance to infection; consequently, transport stress also contributes to the spread of disease (including zoonotic diseases that can jump to humans) and to meat contamination. 

High-risk groups, such as very young animals and cull animals (those removed from a herd and sent to slaughter due to age, illness, or other infirmity affecting productivity) are especially vulnerable to the negative impacts of transport. However, it is common for these animals to be transported long distances, particularly within the dairy sector. Hundreds of thousands of calves under 3 weeks of age are regularly subjected to journeys that can exceed 1,000 miles—despite being at high risk of injury, infection, and death due to the stress associated with transport. This practice violates transport guidelines established by the World Organisation for Animal Health. Cull animals are also regularly transported long distances, as only a limited number of slaughterhouses accept them. Cull dairy cows are typically sent to slaughter due to health problems, low milk production, or fertility issues and are at high risk of lameness and other serious health issues. Cull breeding sows are similarly prone to lameness or other painful conditions that are exacerbated by transport conditions. 

Conclusion

Feeble enforcement of the Twenty-Eight Hour Law, coupled with the continued interstate transport of animals unfit to travel, is contributing to needless animal suffering and endangering the health and safety of millions of animals—and us. Passage of the Humane Transport of Farmed Animals Act would help ensure that animals who are fit to travel are not deprived of basic necessities along the way and that ill or infirm animals are not subjected to grueling journeys that worsen their condition and exacerbate their risk of contracting dangerous diseases. 

1. Animal Welfare Institute, A Review: The Twenty-Eight Hour Law and Its Enforcement (2022). Available at https://awionline.org/sites/default/files/uploads/documents/22-Twenty-Eight-Hour-Law-Report.pdf.