7 U.S.C. § 1901 — Findings and declaration of policy

Page 1051 TITLE 7—AGRICULTURE § 1901 subsection (c) to be in surplus supply shall re- ceive any crop loans or Federal farm payments or benefits if grown on any newly irrigated or drained lands within any Federal irrigation or drainage project hereafter authorized unless such lands were used for the production of such commodity prior to May 28, 1956. (b) Contract provisions; ineligibility for benefits The Secretary of the Interior and the Sec- retary of Agriculture shall cause to be included, in all irrigation, drainage, or flood-control con- tracts entered into with respect to Federal irri- gation, drainage, or flood-control projects here- after authorized, such provisions as they may deem necessary to provide for the enforcement of the provisions of this section. For a period of three years from May 28, 1956, surplus crops grown on lands reclaimed by flood-control projects hereafter authorized and the lands so reclaimed shall be ineligible for any benefits under the soil-bank provisions of this Act and under price support legislation. (c) Determination and proclamation of surplus agricultural commodities On or before October 1 of each year, the Sec- retary of Agriculture shall determine and pro- claim the agricultural commodities the supplies of which are in excess of estimated requirements for domestic consumption and export plus ade- quate reserves for emergencies. The commod- ities so proclaimed shall be considered to be in surplus supply for the purposes of this section during the succeeding crop year. (d) ‘‘Federal irrigation or drainage project’’ de- fined For the purposes of this section the term ‘‘Federal irrigation or drainage project’’ means any irrigation or drainage project subject to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) in effect at the date of the adoption of this amendment and any irriga- tion or drainage project subject to the laws re- lating to irrigation and drainage administered by the Department of Agriculture or the Sec- retary of Agriculture. (May 28, 1956, ch. 327, title II, § 211, 70 Stat. 202.) Editorial Notes REFERENCES IN TEXT The soil-bank provisions of this Act, referred to in subsec. (c), probably means those provisions of act May 28, 1956, ch. 327, known as the Agricultural Act of 1956, which enacted the Soil Bank Act, and which were clas- sified to subchapters I to III (§ 1801 et seq.) of chapter 45 of this title. The Soil Bank Act was repealed by Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206. For complete classification of the Soil Bank Act to the Code prior to repeal, see Tables. Act of June 17, 1902, referred to in subsec. (d), is act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. The date of the adoption of this amendment, referred to in subsec. (d), probably means the date of enactment of the Agricultural Act of 1956, which was May 28, 1956. CHAPTER 47—INTERCHANGE OF DEPART- MENT OF AGRICULTURE AND STATE EM- PLOYEES §§ 1881 to 1888. Repealed. Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925 Sections, act Aug. 2, 1956, ch. 878, §§ 1–8, 70 Stat. 934, related to: Section 1881, declaration of purpose; Section 1882, definitions; Section 1883, cooperative agreements and period of assignment; Section 1884, amended Aug. 4, 1965, Pub. L. 89–106, § 6, 79 Stat. 432, Departmental employees, status, salary and leave rights, and disability or death arising out of injury; Section 1885, travel expenses of departmental employ- ees; Section 1886, State employees: appointments or de- tail, compensation, and supervision of duties; Section 1887, State employees: conflict of interest and disability or death arising out of injury; and Section 1888, travel expenses of state employees. See section 3371 et seq. of Title 5, Government Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective sixty days after Jan. 5, 1971, see sec- tion 404 of Pub. L. 91–648, set out as an Effective Date note under section 3371 of Title 5, Government Organi- zation and Employees. CHAPTER 48—HUMANE METHODS OF LIVESTOCK SLAUGHTER Sec. 1901. Findings and declaration of policy. 1902. Humane methods. 1903. Repealed. 1904. Methods research; designation of methods. 1905. Repealed. 1906. Exemption of ritual slaughter. 1907. Practices involving nonambulatory livestock. § 1901. Findings and declaration of policy The Congress finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improve- ment of products and economies in slaughtering operations; and produces other benefits for pro- ducers, processors, and consumers which tend to expedite an orderly flow of livestock and live- stock products in interstate and foreign com- merce. It is therefore declared to be the policy of the United States that the slaughtering of livestock and the handling of livestock in con- nection with slaughter shall be carried out only by humane methods. (Pub. L. 85–765, § 1, Aug. 27, 1958, 72 Stat. 862.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1978 AMENDMENT For citation of Pub. L. 95–445, Oct. 10, 1978, 92 Stat. 1069, as the ‘‘Humane Methods of Slaughter Act of 1978’’, see Short Title of 1978 Amendment note set out under section 601 of Title 21, Food and Drugs. ENFORCEMENT OF HUMANE METHODS OF SLAUGHTER ACT OF 1958 Pub. L. 107–171, title X, § 10305, May 13, 2002, 116 Stat. 493, provided that: Page 1052 TITLE 7—AGRICULTURE § 1902 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Agriculture should— ‘‘(1) continue tracking the number of violations of Public Law 85–765 (7 U.S.C. 1901 et seq.; commonly known as the ‘Humane Methods of Slaughter Act of 1958’) and report the results and relevant trends annu- ally to Congress; and ‘‘(2) fully enforce Public Law 85–765 by ensuring that humane methods in the slaughter of livestock— ‘‘(A) prevent needless suffering; ‘‘(B) result in safer and better working conditions for persons engaged in slaughtering operations; ‘‘(C) bring about improvement of products and economies in slaughtering operations; and ‘‘(D) produce other benefits for producers, proc- essors, and consumers that tend to expedite an or- derly flow of livestock and livestock products in interstate and foreign commerce. ‘‘(b) UNITED STATES POLICY.—It is the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods, as pro- vided by Public Law 85–765.’’ COMMERCIAL TRANSPORTATION OF EQUINE FOR SLAUGHTER Pub. L. 104–127, title IX, subtitle A, Apr. 4, 1996, 110 Stat. 1184, provided that: ‘‘SEC. 901. FINDINGS. ‘‘Because of the unique and special needs of equine being transported to slaughter, Congress finds that it is appropriate for the Secretary of Agriculture to issue guidelines for the regulation of the commercial trans- portation of equine for slaughter by persons regularly engaged in that activity within the United States. ‘‘SEC. 902. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) COMMERCIAL TRANSPORTATION.—The term ‘com- mercial transportation’ means the regular operation for profit of a transport business that uses trucks, tractors, trailers, or semitrailers, or any combination thereof, propelled or drawn by mechanical power on any highway or public road. ‘‘(2) EQUINE FOR SLAUGHTER.—The term ‘equine for slaughter’ means any member of the Equidae family being transferred to a slaughter facility, including an assembly point, feedlot, or stockyard. ‘‘(3) PERSON.—The term ‘person’— ‘‘(A) means any individual, partnership, corpora- tion, or cooperative association that regularly en- gages in the commercial transportation of equine for slaughter; but ‘‘(B) does not include any individual or other en- tity referred to in subparagraph (A) that occasion- ally transports equine for slaughter incidental to the principal activity of the individual or other en- tity in production agriculture. ‘‘SEC. 903. REGULATION OF COMMERCIAL TRANS- PORTATION OF EQUINE FOR SLAUGHTER. ‘‘(a) IN GENERAL.—Subject to the availability of ap- propriations, the Secretary of Agriculture may issue guidelines for the regulation of the commercial trans- portation of equine for slaughter by persons regularly engaged in that activity within the United States. ‘‘(b) ISSUES FOR REVIEW.—In carrying out this sec- tion, the Secretary of Agriculture shall review the food, water, and rest provided to equine for slaughter in transit, the segregation of stallions from other equine during transit, and such other issues as the Secretary considers appropriate. ‘‘(c) ADDITIONAL AUTHORITY.—In carrying out this section, the Secretary of Agriculture may— ‘‘(1) require any person to maintain such records and reports as the Secretary considers necessary; ‘‘(2) conduct such investigations and inspections as the Secretary considers necessary; and ‘‘(3) establish and enforce appropriate and effective civil penalties. ‘‘SEC. 904. LIMITATION OF AUTHORITY TO EQUINE FOR SLAUGHTER. ‘‘Nothing in this subtitle authorizes the Secretary of Agriculture to regulate the routine or regular transpor- tation, to slaughter or elsewhere, of— ‘‘(1) livestock other than equine; or ‘‘(2) poultry. ‘‘SEC. 905. EFFECTIVE DATE. ‘‘This subtitle shall become effective on the first day of the first month that begins 30 days or more after the date of enactment of this Act [Apr. 4, 1996].’’ § 1902. Humane methods No method of slaughtering or handling in con- nection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the fol- lowing two methods of slaughtering and han- dling are hereby found to be humane: (a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chem- ical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or (b) by 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 sever- ance of the carotid arteries with a sharp in- strument and handling in connection with such slaughtering. (Pub. L. 85–765, § 2, Aug. 27, 1958, 72 Stat. 862; Pub. L. 95–445, § 5(a), Oct. 10, 1978, 92 Stat. 1069.) Editorial Notes AMENDMENTS 1978—Par. (b). Pub. L. 95–445 inserted ‘‘and handling in connection with such slaughtering’’ at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–445 effective one year after Oct. 10, 1978, and nonapplicability during not to exceed additional 18 months in hardship cases, see sec. 7 of Pub. L. 95–445 set out as a note under section 603 of Title 21, Food and Drugs. § 1903. Repealed. Pub. L. 95–445, § 5(b), Oct. 10, 1978, 92 Stat. 1069 Section, Pub. L. 85–765, § 3, Aug. 27, 1958, 72 Stat. 862, related to limitations on Government procurement and price support, modifications during national emer- gency, and statements of eligibility. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective one year after Oct. 10, 1978, and non- applicability during not to exceed additional 18 months in hardship cases, see sec. 7 of Pub. L. 95–445 set out as an Effective Date of 1978 Amendment note under sec- tion 603 of Title 21, Food and Drugs. CONTRACTS FOR OR PROCUREMENT OF LIVESTOCK PROD- UCTS DURING THE PERIOD FROM JUNE 30, 1960, TO AUGUST 30, 1960 Pub. L. 86–547, June 29, 1960, 74 Stat. 255, permitted any agency or instrumentality of the United States,