HCS HB 1747 -- ANIMAL AGRICULTURE

SPONSOR:  Loehner (Viebrock)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture Policy by a vote of 10 to 2.

This substitute requires any person operating an establishment in
which horse meat is processed or sold, exposed, or offered for
retail sale for human consumption to annually register with the
Department of Agriculture.  The applicant must file an
application for a certificate of registration which is to include
certain specified information.  The department director may
refuse to issue, revoke, or suspend a registration if the
establishment fails to comply with the provisions of the
substitute after the applicant has been given an opportunity to
be heard by the department director in regard to the refusal,
suspension, or revocation.

An annual registration fee of $50 and an inspection fee to cover
the inspection costs based on the number of horses processed must
be paid to the department director.  All fees collected will be
deposited into the newly created Horse Meat and Product Fund to
pay for the administrative costs associated with the provisions
of the substitute including, but not limited to, the payment of
United States Department of Agriculture (USDA) inspections.  No
proprietor, manager, or person in charge of specified public
eating establishments can sell, serve, or use for human
consumption any horse meat or horse meat food product without
posting in a conspicuous place a sign with specified requirements
that states "Horse Meat Sold Here" or "Horse Meat Served Here,"
whichever is applicable.

Establishments registered by the department are prohibited from:

(1)  Selling horse meat, products, or carcasses without the
labeling specified in the substitute;

(2)  Modifying or removing a required identification label or a
USDA inspection impression made by a stamp on the horse carcass,
meat, or meat product;

(3)  Selling horse meat, products, or carcasses deemed by a USDA
inspection as adulterated, misbranded, or unfit for human
consumption;

(4)  Operating or maintaining an establishment in an unsanitary
manner;

(5)  Selling certain horse parts or parts of a horse included in
a horse meat food product intended for human consumption;

(6)  Mixing horse meat with any other animal meat and selling it
for human consumption; and

(7)  Storing horse meat or horse meat products intended to be
sold for pet food in a refrigerated compartment with food for
human consumption.

Establishments registered with the department are required to:

(1)  Provide access to the department director and the USDA for
inspection of all premises in which any horse carcass, horse
meat, or horse meat product is processed, packed, transported,
sold, exposed, or offered for sale at retail;

(2)  Provide samples or specimens of horse meat, products, or
carcasses to determine whether there has been a violation of USDA
inspection regulations or department rules or if a violation
exists;

(3)  Decharacterize with charcoal or green food dye any horse
meat, horse meat food product, or carcass that is not labeled for
use or is labeled as pet food unless the horse meat or product is
individually packaged in hermetically sealed packages and labeled
as pet food; and

(4)  Maintain certain sales records of horse meat and carcasses
sold for one year from the time of sale and make the records
available to the department director for inspection during
regular business hours.

Possession of unlabeled horse meat, products, or carcasses
constitutes prima facie evidence that the commodity is for sale
unless the person has legally purchased the commodity for his or
her personal consumption.

The Attorney General or prosecuting attorney must institute
prosecution proceedings against the defendant in the county in
which the defendant resides, where his or her registered business
is located, or where the violation occurred upon a report of
violation by the department director.  Anyone violating the
provisions of the substitute will be guilty of a class A
misdemeanor for the first offense and a class D felony for any
subsequent offense.

The substitute also, in order to protect Missouri's agricultural
economy, affirms the right of Missouri citizens to raise domestic
animals in a humane manner that promotes the health and survival
of the animals without the state imposing an undue economic
burden on their owners.  No law criminalizing or regulating crops
or the welfare of animals will be valid unless based upon
generally accepted scientific principles and enacted by the
General Assembly.

FISCAL NOTE:  No impact on state funds in FY 2011, FY 2012, and
FY 2013.

PROPONENTS:  Supporters say that horse slaughter is a necessary
end-of-life option that adds to Missouri's economy, is an option
horse owners wish to exercise, and is environmentally friendly.
The $1,500 estimated price of horse burial or the alternative of
paying a rendering plant to pick up the carcass have decimated
the equine industry.

Testifying for the bill were Representative Viebrock; Missouri
Federation of Animal Owners; Larry Baysinger; Missouri Cattlemens
Association; Missouri Pork Association; and Missouri Farm Bureau.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm