In March of 2009, the USDA FSIS published a final rule to amend the federal meat inspection
regulations, requiring a complete ban on the slaughter of cattle that become non-ambulatory after
passing initial FSIS inspection.75 All cattle that are non-ambulatory disabled (“downer cattle”) at
any time prior to slaughter at an official establishment, including those that become non
ambulatory disabled after passing ante-mortem inspection, are to be condemned and properly
disposed of according to FSIS regulations. Animals with fractures of the limbs or injuries to the
spine should not be transported to slaughter.
This decision overrides the July 13, 2007, FSIS rule, “Prohibition of the Use of Specified Risk
Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled
Cattle; Prohibition of the Use of Certain Stunning Devices Used To Immobilize Cattle During
Slaughter” (the SRM final rule). The previous rule allowed a case-by-case re-inspection of cattle
that became non-ambulatory disabled after ante mortem inspection. This allowed inspectors to
address individually the rare situations in which an animal that was deemed by FSIS as fit for
human food at ante-mortem inspection and then subsequently suffered an acute injury.
In a July 2016 final rule, FSIS removed a provision that allowed establishments to hold for
treatment veal calves that were non-ambulatory because they were tired or cold.76 The rule
stipulated that, in addition to all non-ambulatory disabled cattle, all “non-ambulatory disabled
veal calves … [must] be condemned and promptly disposed of in accordance with 9 CFR
309.13.” 77
Animals that are disabled or unable to move must be segregated and moved to covered “suspect”
pens, given that they are less resistant to weather conditions.78 Disabled livestock must be
handled using humane methods. Regulations strictly prohibit the dragging of a conscious animal
that is unable to walk; dragging a conscious animal is considered an “egregious” violation of
humane handling regulations.79 “Personnel must either stun the non-ambulatory disabled animal before dragging them, or move the animals by placing them on a skid, stone boat, bucket lift or some other type of equipment that is suitable.”80
