House Bill 1109

(As Sent to Governor)

AN ACT TO CREATE NEW CODE SECTION 75-35-8, MISSISSIPPI CODE OF 1972, TO ESTABLISH HUMANE METHODS OF SLAUGHTERING; TO AMEND SECTION 75-35-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO EXAMINE AND INSPECT FOR METHODS OF SLAUGHTERING AND TO PROVIDE FOR SUSPENSION OF INSPECTION SERVICES WHERE ANIMALS ARE BEING SLAUGHTERED IN AN INHUMANE MANNER UNTIL THE ESTABLISHMENT OFFERS SATISFACTORY ASSURANCES OF COMPLIANCE; TO AMEND SECTION 75-35-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON SHALL SLAUGHTER CERTAIN ANIMALS IN AN INHUMANE MANNER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following section shall be codified as Section 75-35-8, Mississippi Code of 1972:

75-35-8. (1) For purposes of this chapter, the following methods of slaughtering and handling are declared to be humane:

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

(b) By slaughtering and handling in connection with such 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.

(2) In addition to the methods prescribed in subsection (1) of this section, the commissioner may designate as humane any methods of slaughtering and handling which have been so designated by the United States Secretary of Agriculture on or before April 7, 1981, pursuant to United States Code Section 7-1904. The commissioner is further authorized to designate as humane other methods of slaughtering and handling which have been demonstrated by research, investigation and experimentation to be humane with reference to the speed and scope of slaughtering operations and with reference to other existing methods and then current scientific knowledge.

SECTION 2. Section 75-35-7, Mississippi Code of 1972, is amended as follows:

75-35-7. (a) For the purpose of preventing the use in intrastate commerce, as hereinafter provided, of meat and meat food products which are adulterated, the commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equine before they shall be allowed to enter into any slaughtering, packing, meat canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted; and all cattle, sheep, swine, goats, horses, mules, and other equine found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules, or other equine, and when so slaughtered, the carcasses of said cattle, sheep, swine, goats, horses, mules, or other equine shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the commissioner as herein provided for.

(b) For the purpose of preventing the inhumane slaughtering of livestock, the commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, ratites, nontraditional livestock, rabbits, goats, horses, mules and other equine are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this article. The commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the commissioner finds that any cattle, sheep, swine, ratites, nontraditional livestock, rabbits, goats, horses, mules or other equine have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with Sections 75-35-21(d) and 75-35-8 until the establishment furnishes assurances satisfactory to the commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.

SECTION 3. Section 75-35-21, Mississippi Code of 1972, is amended as follows:

75-35-21. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equine, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

(a) Slaughter any such animals or prepare any such products which are capable of use as human food, at any establishment preparing such articles, except in compliance with the requirements of this chapter;

(b) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, (i) any such products which (1.) are capable of use as human food, and (2.) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (ii) any items required to be inspected under this article unless they have been so inspected and passed;

(c) Do, with respect to any such items which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such items to be adulterated or misbranded;

(d) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Section 75-35-8.

SECTION 4. This act shall take effect and be in force from and after July 1, 2006.