H.R. 5286 — Humane Transport of Farmed Animals Act

This section establishes enforcement authority for the Twenty-Eight Hour Law—which prohibits confining animals during interstate transport by rail, express, common carrier (except air or water), or vessel for more than 28 consecutive hours without unloading for feed, water, and rest, subject to exceptions (e.g., an additional 8 hours for sheep at night or up to 36 hours upon written request)—by requiring the Secretary of Transportation, in consultation with the Secretary of Agriculture, to develop within 180 days of enactment a mechanism for investigations and inspections of vehicles, vessels, and related records to identify violations. It further authorizes both Secretaries to promulgate rules, regulations, orders, or guidance as necessary to implement such enforcement and redesignates the existing civil penalty provision as subsection (f).

This section designates the Secretary of Agriculture's existing authority to prohibit or restrict interstate movements or uses of conveyances and facilities to prevent livestock pests or diseases as subsection (a) and establishes in new subsection (b) an absolute prohibition on any person moving in interstate commerce livestock unfit to travel. "Unfit to travel" is defined by reference to Article 7.3.7(3), Chapter 7.3 of the World Organisation for Animal Health’s Terrestrial Animal Health Code (including successive changes) and includes livestock that are sick, injured, weak, disabled, or fatigued; unable to stand unaided or bear weight on each leg; blind in both eyes; unable to move without additional suffering; newborn with unhealed navels; pregnant in the final 10% of gestation at planned unloading; post-partum within 48 hours without offspring; or in poor body condition relative to expected climate. Subsection (b) excepts movements for veterinary care.