This largest U.S. meat recall ever came after USDA's Food Safety and Inspection Service (FSIS) found that the facility did not always notify it about cattle that had become nonambulatory after they had been inspected, but before slaughter for food. USDA inspectors reportedly had failed to detect that these animals became nonambulatory after they received antemortem inspection—causing some to question the use or effectiveness of recent increased appropriations from Congress for more aggressive enforcement of the federal Humane Methods of Slaughter Act (HMSA; 7 U.S.C. After a cow imported from Canada was found to have BSE in late 2003, FSIS issued a number of rules aimed at keeping BSE-infected beef from entering the food supply, including a prohibition on the slaughter of any nonambulatory cattle, regardless of the reason, or of when they became disabled. The final rule was published in final form on March 18, 2009 (74 Federal Register , pp. The rule, effective April 17, 2009, now specifically requires establishments to notify FSIS inspectors when cattle become nonambulatory disabled after passing ante-mortem inspection; all such cattle must be condemned and properly disposed of. In Congress

In the 111 th Congress, Senate supporters of a ban on downer cattle sought to include such a provision in economic stimulus legislation ( H.R. 1 ), but it was removed by conferees on the measure. The provision (Section 104) in the Senate-passed version of the American Recovery and Reinvestment Act of 2009 ( H.R. 1 ) would have permanently prohibited the use of federal funds to pass through USDA inspection any nonambulatory disabled cattle for use as human food, regardless of the reason or time the animal became nonambulatory.
Revelations in early 2008 that cattle were mistreated at a California slaughter plant raised questions about enforcement of the Humane Methods of Slaughter Act. Evidence emerged that the plant had permitted nonambulatory ("downer") cattle to be slaughtered for human food, also potentially jeopardizing food safety. The U.S. Department of Agriculture (USDA) announced the largest meat recall ever, alerted school food authorities to destroy any unconsumed products from the plant, and launched an investigation. Since then, animal welfare activists have alleged additional cases of mistreatment at livestock markets. The 110th Congress responded with hearings and proposals to alter current policy, but no statutory changes were enacted.
In the 111th Congress, the Senate-passed version of the American Recovery and Reinvestment Act of 2009 (H.R. 1) included a provision to permanently prohibit the use of federal funds for inspecting any nonambulatory disabled cattle for use as human food, regardless of the reason or time the animal became nonambulatory. (Uninspected cattle cannot enter the food supply.) However, the provision was removed by House-Senate conferees prior to final enactment (as (P.L. 111-5); the House version lacked the provision. Additional bills are possible in the 111th Congress.
Meanwhile, USDA published a final rule in the March 18, 2009, Federal Register that now specifically requires cattle slaughter establishments to notify FSIS inspectors when cattle become nonambulatory disabled even if they have already passed ante-mortem inspection; all such cattle must be condemned (diverted from the human food supply) and properly disposed of. USDA already was condemning them if they were nonambulatory at the time of ante-mortem inspection, as a safeguard against the introduction into the human food supply of the agent that causes bovine spongiform encephalopathy (BSE, or "mad cow disease").