Those who have horses, want to ever own horses or know someone READ

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Nooooooooooo! This is NOT AT ALL TRUE!

Let me try this again:

The proposed Act 311 is an *amendment* to the existing Horse Protection Act. That means it is like editing the existing Horse Protection Act -- the entire rest of the H.P.A. (including its specified definitions) would still apply, it's just that you'd add the changes proposed in Act 311.

Repeat, the DEFINITIONS of terms used in the existing H.P.A. still apply.

And "sore" is VERY CLEARLY DEFINED in the existing H.P.A. (http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001821----000-.html, or scroll up to my post above for exact quote). Go read it. Notice that all parts of the definition carefully specify that the harm has to have been CAUSED BY A PERSON {edited to add: and, if you go there and read the next paragraph, it also specifies CAUSED FOR THE PURPOSES OF INFLICTING PAIN. Sorry I didn't copy that part too in my earlier post]. So "sore" in this law does NOT mean just any horse who's hurtin' for any ol' reason. What it means is specifically, and only, those horses that have had injuries/pain inflicted on them intentionally by people. The term "sore" in this context derives from "soring", the term for what used to be commonplace in gaited horse showing, where you intentionally burn, bruise, etcetera a horse's legs (etc) in order to influence its way of going. Similar things can occur in any kind of training, of course, it isn't just the gaited horse world.

If you implant steel shot into your horse's hooves to make him walk in a certain way, THAT is soring. If you stuff caustic chemicals up his, er, nether regions to make him hold his tail high and roll his eyes, THAT is a sore horse.

Your horse who twists a fetlock on a trailride, or gets cut on something in the pasture, is NOT sore under this law.

Honestly, this legal definition of soring has been in use for decades, and to pretty good effect (although it tends to need a tuneup every now and then as people think of new and ever-more-surreptitious ways to torture horses). IT IS NOT NEW. Soring has been illegal since, what, the seventies?? The honest and humane majority of the horse industry has survived perfectly well.

My point is that PLEASE do not be going off half-cocked begging congress to axe this act on account of its supposedly banning any horse from ever stepping onto a trailer--- because that will just get you ignored as a loony. I am not saying you ARE a loonie, I am saying that is what your representative will chalk you up as. And that would be a great shame because I think there ARE some really good reasons to oppose this bill, such as you yourself have in fact pointed out (it makes selling a horse unnecessarily perilous, and ending slaughter may not be the best thing overall anyhow).

Do you see my point?

Pat
 
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LOL speckledhen
smile.png
It sure would be nice if laws were written in plain english, not something that uses normal words in weird ways.

Let's all hold our breath til that happens, shall we
big_smile.png


Pat
 
hold on with me but I'm going to post all of it. (well all the parts as they would read with the changes along with the bill that does not define what the heck "or other uses" means. )

I am still very against it for three reasons
1) the defintion or other uses goes can mean even for showing, riding, keeping as pets or watever else they want it to mean
2) because it is trying to end horse slaughter (as stated in the proposal) and that is something I'm for as long as done humanly. There are still cultures in our states that eat horse meat because it's what they can get ahold of or because they like it.
3) that this is just the begining (or next step depending on how you look at it), there are groups that want nothing better to make it impossible to slaughter any animal for food (chickens included). If this gets passed then they could leverage the fact that some people do keep chickens as pets so therefore they too should not be slaughtered.


ok from this link I copied exactly what the bill says.
http://www.govtrack.us/congress/billtext.xpd?bill=s110-311&show-changes=0

Next I'm going to go through each section that has a porposed change and make those changes to the best of my ability using the information from this link as the current way it reads http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_44.html

Legislation > 2007-2008 (110th Congress) > S. 311
S. 311: A bill to amend the Horse Protection Act to prohibit the shipping, transporting, moving,...
Bill Status

Introduced:Jan 17, 2007Sponsor:Sen. Mary Landrieu [D-LA]Status:Scheduled for DebateGo to Bill Status PageUse the View which version? panel on the left to view the different versions of this bill available on its way to becoming law. You are viewing the following version of this bill:
Reported in Senate: This is the text of the bill after coming out of committee in the Senate.

Text of Legislation

S 311 RS

Calendar No. 488
110th CONGRESS
1st Session
S. 311
[Report No. 110-229]To amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes

IN THE SENATE OF THE UNITED STATES

January 17, 2007
Ms. LANDRIEU (for herself, Mr. ENSIGN, Mrs. BOXER, Mr. KERRY, Mr. REED, Mr. LEVIN, Mr. CARPER, Mr. GRAHAM, Ms. COLLINS, Mr. MENENDEZ, Ms. SNOWE, Mr. BYRD, Mr. SCHUMER, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


November 14, 2007
Reported by Mr. INOUYE without amendment

A BILLTo amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION ON SHIPPING, TRANSPORTING, MOVING, DELIVERING, RECEIVING, POSSESSING, PURCHASING, SELLING, OR DONATION OF HORSES AND OTHER EQUINES FOR SLAUGHTER FOR HUMAN CONSUMPTION.
(a) Definitions- Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (5), and (6), respectively;
(2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following:
`(1) The term `human consumption' means ingestion by people as a source of food.'; and
(3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following:
`(4) The term `slaughter' means the killing of 1 or more horses or other equines with the intent to sell or trade the flesh for human consumption.'.
(b) Findings- Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended--
(1) by redesignating paragraphs (1) through (5) as paragraphs (6) through (10), respectively;
(2) by adding before paragraph (6) (as redesignated by paragraph (1)) the following:
`(1) horses and other equines play a vital role in the collective experience of the United States and deserve protection and compassion;
`(2) horses and other equines are domestic animals that are used primarily for recreation, pleasure, and sport;
`(3) unlike cows, pigs, and many other animals, horses and other equines are not raised for the purpose of being slaughtered for human consumption;
`(4) individuals selling horses or other equines at auctions are seldom aware that the animals may be bought for the purpose of being slaughtered for human consumption;
`(5) the Animal and Plant Health Inspection Service of the Department of Agriculture has found that horses and other equines cannot be safely and humanely transported in double deck trailers;'; and
(3) by striking paragraph (8) (as redesignated by paragraph (1)) and inserting the following:
`(8) the movement, showing, exhibition, or sale of sore horses in intrastate commerce, and the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation in intrastate commerce of horses and other equines to be slaughtered for human consumption, adversely affect and burden interstate and foreign commerce;'.
(c) Prohibition- Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended--
(1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively; and
(2) by inserting after paragraph 7 the following:
`(8) The shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of any horse or other equine to be slaughtered for human consumption.'.
(d) Authority To Detain- Section 6(e) of the Horse Protection Act (15 U.S.C. 1825(e)) is amended--
(1) by striking the first sentence of paragraph (1);
(2) by redesignating paragraphs (1) and (2) and as paragraphs (2) and (3), respectively; and
(3) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following:
`(1) The Secretary may detain for examination, testing, or the taking of evidence--
`(A) any horse at any horse show, horse exhibition, or horse sale or auction that is sore or that the Secretary has probable cause to believe is sore; and
`(B) any horse or other equine that the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of section 5(8).'.
(e) Authorization of Appropriations- Section 12 of the Horse Protection Act (15 U.S.C. 1831) is amended by striking `$500,000' and inserting `$5,000,000'.
Calendar No. 488

110th CONGRESS
1st Session
S. 311
[Report No. 110-229]
A BILLTo amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes.


November 14, 2007

Reported without amendment​
 
Last edited:
Quote:
LOL speckledhen
smile.png
It sure would be nice if laws were written in plain english, not something that uses normal words in weird ways.

Let's all hold our breath til that happens, shall we
big_smile.png


Pat

all they need to do is list those "other purposes" and it would be clear.
 
CHAPTER 44—PROTECTION OF HORSES has 11 subparts(not sure the technical term. I have bolded the parts that they are proposeing changes to.


CHAPTER 44—PROTECTION OF HORSES

How Current is This?

§ 1821. Definitions
§ 1822. Congressional statement of findings

§ 1823. Horse shows and exhibitions
§ 1824. Unlawful acts
§ 1825. Violations and penalties

§ 1826. Notice of violations to Attorney General
§ 1827. Utilization of personnel of Department of Agriculture and officers and employees of consenting States; technical and other nonfinancial assistance to State
§ 1828. Rules and regulations
§ 1829. Preemption of State laws; concurrent jurisdiction; prohibition on certain State action
§ 1830. Omitted
§ 1831. Authorization of appropriations
 
ok now the first part had only additions and re-numbering the additions are underlined below everything else is in it currently.

§ 1821. Definitions

§ 1821. Definitions
As it would stand with the proposed changes
As used in this chapter unless the context otherwise requires:
(1)The term `human consumption' means ingestion by people as a source of food.
(2)The term “management” means any person who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering.
(3)The term “Secretary” means the Secretary of Agriculture.
(4)The term `slaughter' means the killing of 1 or more horses or other equines with the intent to sell or trade the flesh for human consumption.
(5) The term “sore” when used to describe a horse means that—
(A)an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse,
(B)any burn, cut, or laceration has been inflicted by a person on any limb of a horse,
(C)any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or
(D)any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse,

and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment was given.
(6)The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.​
 
ok now the next part also only had additions and re-numbering the additions are underlined below everything else is in it currently.
Here I'm against that add #3 and #4 below

#3 there are people in the states currently that do raise horses for consumption (as they should be alowed to)

#4 most people the frequent auctions know that the horse or any animal could end up slaughterered or in a sistuation where they could be abused. (black beuty anyone?)

§ 1822. Congressional statement of findings

§ 1822. Congressional statement of findings

(1)horses and other equines play a vital role in the collective experience of the United States and deserve protection and compassion;
(2)horses and other equines are domestic animals that are used primarily for recreation, pleasure, and sport;
(3)unlike cows, pigs, and many other animals, horses and other equines are not raised for the purpose of being slaughtered for human consumption;
(4)individuals selling horses or other equines at auctions are seldom aware that the animals may be bought for the purpose of being slaughtered for human consumption
(5)the Animal and Plant Health Inspection Service of the Department of Agriculture has found that horses and other equines cannot be safely and humanely transported in double deck trailers
(6)the soring of horses is cruel and inhumane;
(7)horses shown or exhibited which are sore, where such soreness improves the performance of such horse, compete unfairly with horses which are not sore;
(8)the movement, showing, exhibition, or sale of sore horses in intrastate commerce adversely affects and burdens interstate and foreign commerce;
(9)all horses which are subject to regulation under this chapter are either in interstate or foreign commerce or substantially affect such commerce; and
(10)regulation under this chapter by the Secretary is appropriate to prevent and eliminate burdens upon commerce and to effectively regulate commerce.​
 
For this one they added one sentance as underlined below.
§ 1824. Unlawful acts

§ 1824. Unlawful acts

As it would stand with the proposed changes
The following conduct is prohibited:
(1)The shipping, transporting, moving, delivering, or receiving of any horse which is sore with reason to believe that such horse while it is sore may be shown, exhibited, entered for the purpose of being shown or exhibited, sold, auctioned, or offered for sale, in any horse show, horse exhibition, or horse sale or auction; except that this paragraph does not apply to the shipping, transporting, moving, delivering, or receiving of any horse by a common or contract carrier or an employee thereof in the usual course of the carrier’s business or employee’s employment unless the carrier or employee has reason to believe that such horse is sore.
(2)The
(A)showing or exhibiting, in any horse show or horse exhibition, of any horse which is sore,
(B)entering for the purpose of showing or exhibiting in any horse show or horse exhibition, any horse which is sore,
(C)selling, auctioning, or offering for sale, in any horse sale or auction, any horse which is sore, and
(D)allowing any activity described in clause (A), (B), or (C) respecting a horse which is sore by the owner of such horse.
(3)The failure by the management of any horse show or horse exhibition, which does not appoint and retain a person in accordance with section 1823 (c) of this title, to disqualify from being shown or exhibited any horse which is sore.
(4)The failure by the management of any horse sale or auction, which does not appoint and retain a qualified person in accordance with section 1823 (c) of this title, to prohibit the sale, offering for sale, or auction of any horse which is sore.
(5)The failure by the management of any horse show or horse exhibition, which has appointed and retained a person in accordance with section 1823 (c) of this title, to disqualify from being shown or exhibited any horse
(A)which is sore, and
(B)after having been notified by such person or the Secretary that the horse is sore or after otherwise having knowledge that the horse is sore.
(6)The failure by the management of any horse sale or auction which has appointed and retained a person in accordance with section 1823 (c) of this title, to prohibit the sale, offering for sale, or auction of any horse
(A)which is sore, and
(B)after having been notified by such person or the Secretary or after otherwise having knowledge that the horse is sore.
(7)The showing or exhibiting at a horse show or horse exhibition; the selling or auctioning at a horse sale or auction; the allowing to be shown, exhibited, or sold at a horse show, horse exhibition, or horse sale or auction; the entering for the purpose of showing or exhibiting in any horse show or horse exhibition; or offering for sale at a horse sale or auction, any horse which is wearing or bearing any equipment, device, paraphernalia, or substance which the Secretary by regulation under section 1828 of this title prohibits to prevent the soring of horses.
(8)The shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of any horse or other equine to be slaughtered for human consumption.
(9)The failing to establish, maintain, or submit records, notices, reports, or other information required under section 1823 of this title.
(10)The failure or refusal to permit access to or copying of records, or the failure or refusal to permit entry or inspection, as required by section 1823 of this title.
(11)The removal of any marking required by the Secretary to identify a horse as being detained.
(12)The failure or refusal to provide the Secretary with adequate space or facilities, as the Secretary may by regulation under section 1828 of this title prescribe, in which to conduct inspections or any other activity authorized to be performed by the Secretary under this chapter.​
 
the next part also had additions, re-numbering and a subtraction. I also posted wat was deleted the additions are underlined below everything else is in it currently.

§ 1825. Violations and penalties
§ 1825. Violations and penalties
THIS bit was the first sentence that was in part 1825 (e)(1)

The Secretary may detain (for a period not to exceed twenty-four hours) for examination, testing, or the taking of evidence, any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore

NOTE: that it is removing the time limit of 24 hours that they can keep the horse from the owner.

As it would stand with the proposed changes
(e) Detention of horses; seizure and condemnation of equipment
(1) The Secretary may detain for examination, testing, or the taking of evidence--
(A) any horse at any horse show, horse exhibition, or horse sale or auction that is sore or that the Secretary has probable cause to believe is sore; and
(B) any horse or other equine that the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of section 5(8).

(2) The Secretary may require the temporary marking of any horse during the period of its detention for the purpose of identifying the horse as detained. A horse which is detained subject to this paragraph shall not be moved by any person from the place it is so detained except as authorized by the Secretary or until the expiration of the detention period applicable to the horse.
(3) Any equipment, device, paraphernalia, or substance which was used in violation of any provision of this chapter or any regulation issued under this chapter or which contributed to the soring of any horse at or prior to any horse show, horse exhibition, or horse sale or auction, shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such equipment, device, paraphernalia, or substance, in any United States district court within the jurisdiction of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.​
 
the last section change is that were it says 5 million below WAS $500,000 (again I underlined it)


§ 1831. Authorization of appropriations
§ 1831. Authorization of appropriations

As it would stand with the proposed changes
There are authorized to be appropriated to carry out this chapter $125,000 for the period beginning July 1, 1976, and ending September 30, 1976; and for the fiscal year beginning October 1, 1976, and for each fiscal year thereafter there are authorized to be appropriated such sums, not to exceed $5,000,000, as may be necessary to carry out this chapter.​
 
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