Congress should move swiftly to pass legislation to ban the slaughter of downer animals for human consumption, and to establish more meaningful penalties for violations of a comprehensive downer ban and humane slaughter laws. Senator Dianne Feinstein (D-Calif.) introduced the legislation today in the wake of the scandal uncovered by The Humane Society of the United States' investigation of the Hallmark/Westland slaughter facility in Chino, Calif.

"Our hidden-camera investigation must spur more than just awareness," said Wayne Pacelle, HSUS president and CEO. "We need a bright-line ban on all downers in the food supply and strong civil penalties for companies that ignore legally required humane-handling responsibilities. We are grateful to Senator Feinstein for introducing this important legislation."

Current law allows the U.S. Department of Agriculture to order brief shutdowns of plants that violate the Humane Methods of Slaughter Act, but does not provide a meaningful deterrent to prevent violations of humane handling laws.

Sens. Ted Stevens (R-Alaska), Daniel Akaka (D-Hawaii) and Barbara Boxer (D-Calif.) are original co-sponsors of the bill. Senator Akaka has long championed legislation to implement a comprehensive ban on slaughtering downed cattle. USDA regulations permit the slaughter of some downed cows if they are inspected by a USDA veterinarian. The current system has multiple defects and creates a financial incentive for the abuses that occurred at Hallmark/Westland, as some workers may resort to cruel tactics to force downer cows up for the inspector or even try to get downer cows through to slaughter without further inspection.

In addition to establishing strong civil penalties for Humane Methods of Slaughter Act violations, the bill also includes a prohibition on slaughtering farm animals who are non-ambulatory at a slaughterplant. This section complements Sen. Akaka's legislation, which prohibits such slaughter and requires humane euthanasia of downed animals at slaughterplants and other facilities.

The bill establishes a system for progressively tougher penalties if violations persist, beginning with fines and leading up to permanent closure for repeat offenders. It also requires the USDA to disclose the names of establishments, such as grocery stores, restaurants and schools, that have received recalled products.

The six-week undercover investigation by The HSUS showed plant employees brutalizing downed animals – cows too sick or injured to stand or walk on their own – with electric prods, the blades of forklifts, and even the application of high-pressure water into their mouths and nostrils – all to get them to stand long enough to be inspected for slaughter or to walk up the kill chute. Generally, these downer animals are not permitted to be slaughtered for human food because they may carry a higher risk of disease, including infection with E. coli, Salmonella and bovine spongiform encephalopathy (BSE or "mad cow" disease).

Yesterday, the president of Hallmark/Westland watched video footage from the HSUS investigation at a Congressional oversight hearing and then admitted that his plant was likely responsible for slaughtering at least two such downed cows.