Farming or Food Production

England - Farming - The Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018

Summary: These Regulations introduce requirements on operators of slaughterhouses in England to install and operate a closed circuit television (CCTV) system in all areas where live animals are present. CCTV footage and associated data must be retained for a period of 90 days. Inspectors are given powers to require compliance with these Regulations. This includes powers of inspection and seizure where an inspector has entered premises for the purposes of executing and enforcing the 2015 Welfare of Animals at the Time of Killing (England) Regulations, and powers to issue enforcement notices.

These Regulations introduce requirements on operators of slaughterhouses in England to install and operate a closed circuit television (CCTV) system in all areas where live animals are present. CCTV footage and associated data must be retained for a period of 90 days. Inspectors are given powers to require compliance with these Regulations. This includes powers of inspection and seizure where an inspector has entered premises for the purposes of executing and enforcing the 2015 Welfare of Animals at the Time of Killing (England) Regulations, and powers to issue enforcement notices.

Perez v. County of Monterey

Summary: In this California case, the plaintiffs sued to challenge the validity of the County of Monterey rooster-keeping ordinance, seeking a declaratory judgment that the law is unconstitutional. The ordinance limits residents to no more than four roosters on a single property without a rooster keeping permit and also describes care and keeping requirements. The trial court found that the ordinance did not violate the constitution and entered judgment for the City. Plaintiffs here appeal that decision, arguing that the ordinance: (1) takes property without compensation in violation of the Fifth Amendment to the United States Constitution; (2) infringes on Congress’ authority to regulate interstate commerce; (3) violates the Equal Protection clause of the Fourteenth Amendment to the United States Constitution; (4) is a prohibited bill of attainder; and (5) violates the rights to privacy and to possess property guaranteed by the California Constitution. With respect to the Fifth Amendment taking challenge, the court found that the regulatory takings argument failed because there is no evidence that the ordinance affected plaintiffs or that they even applied for or were eligible for a permit. As to the interstate commerce challenge, plaintiffs provided no evidence that the ordinance would cause excess roosters to be divested from owners and sold in commerce to support this claim. As to Equal Protection, the plaintiffs correctly assert that the ordinance treats people differently based on age (i.e., students engaged in 4-H or FFA activities are exempted from the four-rooster limitation). However, the court found that the county stated a legitimate objective of public health and safety and this differential treatment of a non-suspect class advances that interest. Finally, the court found the ordinance was not a bill of attainder since it prospectively regulates roosters and also that it does not violate California's right to privacy and property possession. Indeed, the court found that plaintiff did not identify a specific privacy interest implicated by the ordinance. Thus, the judgment was affirmed.

In this California case, the plaintiffs sued to challenge the validity of the County of Monterey rooster-keeping ordinance, seeking a declaratory judgment that the law is unconstitutional. The ordinance limits residents to no more than four roosters on a single property without a rooster keeping permit and also describes care and keeping requirements. The trial court found that the ordinance did not violate the constitution and entered judgment for the City. Plaintiffs here appeal that decision, arguing that the ordinance: (1) takes property without compensation in violation of the Fifth Amendment to the United States Constitution; (2) infringes on Congress’ authority to regulate interstate commerce; (3) violates the Equal Protection clause of the Fourteenth Amendment to the United States Constitution; (4) is a prohibited bill of attainder; and (5) violates the rights to privacy and to possess property guaranteed by the California Constitution. With respect to the Fifth Amendment taking challenge, the court found that the regulatory takings argument failed because there is no evidence that the ordinance affected plaintiffs or that they even applied for or were eligible for a permit. As to the interstate commerce challenge, plaintiffs provided no evidence that the ordinance would cause excess roosters to be divested from owners and sold in commerce to support this claim. As to Equal Protection, the plaintiffs correctly assert that the ordinance treats people differently based on age (i.e., students engaged in 4-H or FFA activities are exempted from the four-rooster limitation). However, the court found that the county stated a legitimate objective of public health and safety and this differential treatment of a non-suspect class advances that interest. Finally, the court found the ordinance was not a bill of attainder since it prospectively regulates roosters and also that it does not violate California's right to privacy and property possession. Indeed, the court found that plaintiff did not identify a specific privacy interest implicated by the ordinance. Thus, the judgment was affirmed.

State v. Hammond

Summary: Defendant Hammond appeals his conviction for misdemeanor animal abuse in violation of § 578.012. The facts underlying the conviction stem from defendant’s conduct with a horse. In 2016, police were dispatched to a horse that was "down" on a road. The officer observed multiple injuries on the horse's hooves, fetlocks, and lower legs. Its hooves were severely abraded, which was confirmed by subsequent veterinary examination. Another officer observed markings on the road indicative of a "blood trail" from defendant's residence to the location of the horse. According to this officer, defendant told him that he had been "doing farrier stuff to his horses and this particular horse had broke away from them five times and broke a couple of lead lines, burned some people’s hands, and that he was going to teach the horse a lesson." Ultimately, the officers were able to get the horse to stand and loaded into a trailer. It later died at the animal clinic to where it was taken. Defendant was charged with felony animal abuse and a jury trial was held. The jury convicted defendant of the lesser-included misdemeanor animal abuse. On appeal, defendant argues that the trial court erred by refusing to allow his counsel to read Missouri's right-to-farm amendment when it instructed the jury on the amendment. The court noted that, similar to a prior case evoking the right-to-farm amendment, the amendment itself was not intended to nullify or curtail longstanding laws. The prohibition against animal cruelty existed in some form in the Missouri code for 145 years. Further, the court disagreed with defendant's contention that his prosecution criminalized a legitimate farming practice. The jury convicted defendant based on a finding that, when he pulled the horse behind his truck, his conscious object was to cause injury or suffering to the horse. While defendant contends that his was employing a legitimate, established farming technique to "train" the horse, the jury rejected his claim. Defendant's claim on appeal that the animal abuse law could then be used to prosecute farmers for other legitimate farming activities (i.e., branding, castration, use of whips, etc.) was also rejected. The court found that the conscious object of such activities is not to inflect pain or suffering, but to achieve another goal. The pain is "incidental to the farmer's legitimate objectives." The jury found this not to be the case with defendant. Thus, the circuit court did not abuse its discretion when it refused to allow Hammond to read the right-to-farm amendment to the jury, and when it refused to instruct the jury on the amendment’s terms. Affirmed.

Defendant Hammond appeals his conviction for misdemeanor animal abuse in violation of § 578.012. The facts underlying the conviction stem from defendant’s conduct with a horse. In 2016, police were dispatched to a horse that was "down" on a road. The officer observed multiple injuries on the horse's hooves, fetlocks, and lower legs. Its hooves were severely abraded, which was confirmed by subsequent veterinary examination. Another officer observed markings on the road indicative of a "blood trail" from defendant's residence to the location of the horse. According to this officer, defendant told him that he had been "doing farrier stuff to his horses and this particular horse had broke away from them five times and broke a couple of lead lines, burned some people’s hands, and that he was going to teach the horse a lesson." Ultimately, the officers were able to get the horse to stand and loaded into a trailer. It later died at the animal clinic to where it was taken. Defendant was charged with felony animal abuse and a jury trial was held. The jury convicted defendant of the lesser-included misdemeanor animal abuse. On appeal, defendant argues that the trial court erred by refusing to allow his counsel to read Missouri's right-to-farm amendment when it instructed the jury on the amendment. The court noted that, similar to a prior case evoking the right-to-farm amendment, the amendment itself was not intended to nullify or curtail longstanding laws. The prohibition against animal cruelty existed in some form in the Missouri code for 145 years. Further, the court disagreed with defendant's contention that his prosecution criminalized a legitimate farming practice. The jury convicted defendant based on a finding that, when he pulled the horse behind his truck, his conscious object was to cause injury or suffering to the horse. While defendant contends that his was employing a legitimate, established farming technique to "train" the horse, the jury rejected his claim. Defendant's claim on appeal that the animal abuse law could then be used to prosecute farmers for other legitimate farming activities (i.e., branding, castration, use of whips, etc.) was also rejected. The court found that the conscious object of such activities is not to inflect pain or suffering, but to achieve another goal. The pain is "incidental to the farmer's legitimate objectives." The jury found this not to be the case with defendant. Thus, the circuit court did not abuse its discretion when it refused to allow Hammond to read the right-to-farm amendment to the jury, and when it refused to instruct the jury on the amendment’s terms. Affirmed.

CA - Initiatives - Proposition 12 (2018)

Summary: Establishes minimum requirements for confining certain farm animals. Prohibits sales of meat and egg products from animals confined in noncomplying manner. Fiscal Impact: Potential decrease in state income tax revenues from farm businesses, likely not more than several million dollars annually. State costs up to $10 million annually to enforce the measure.

Establishes minimum requirements for confining certain farm animals. Prohibits sales of meat and egg products from animals confined in noncomplying manner. Fiscal Impact: Potential decrease in state income tax revenues from farm businesses, likely not more than several million dollars annually. State costs up to $10 million annually to enforce the measure.

Hill v. Missouri Department of Conservation

Summary: This case concerns the regulatory authority of the Missouri Conservation Commission ("Commission"), which has authority over the control, management, restoration, conservation, and regulation of the bird, fish, game, forestry and all wildlife resources of the state. The respondents in this case operate different selective breeding and private hunting facilities that rely on captive bred deer and elk (“cervids”). Respondent Hill co-owns the Oak Creek Whitetail Ranch which is a large hunting preserve and white-tailed deer breeding operation. Respondent Broadway owns a hunting preserve which offers three-day guided hunts of a variety of animals, including elk. Broadway also has a deer breeding operation. Respondent Grace owns a breeding facility for white-tailed deer, sika, and red deer. The respondents cannot operate their hunting preserves and captive breeding facilities without permits from the Missouri Department of Conservation, which all respondents have. Cervids can be infected with a fatal neurodegenerative disease known as chronic wasting disease (CWD). The first detection of the disease in Missouri was at Heartland Wildlife Ranches, which was eventually purchased by Respondent Broadway and renamed Winter Quarters Wildlife Ranch. Due to this, the Missouri Conservation Commission set up surveillance within 25 miles of the facility. From 2010 to 2013 the Commission found 10 free-ranging deer infected with CWD out of the 14,000 tested in the surveillance zone. Over the next three years the Commission detected CWD in 14 free-ranging deer, several of which were found near closed or currently operating captive cervid facilities. Attempting to eradicate CWD, the Commission proposed a series of regulatory amendments that were to take effect in January of 2015. The amendments were aimed at the captive cervid industry. The regulations relevant to this case banned the importation of cervids, imposed more rigorous fencing requirements, and imposed more rigorous recordkeeping and veterinary inspection requirements. Respondents brought an action suing the Appellants (the Missouri Conservation Commission) to prevent these regulations from going into effect. At trial, the circuit court declared that the regulations were invalid and enjoined the Commission from enforcing them. On appeal, the Commission raised three arguments. First, the Commission contends that the circuit court erred because Respondents’ cervids are “game” and “wildlife resources of the state” and, therefore, can be regulated by the Commission under the Missouri Constitution. Second, the Commission contends that the circuit court erred because the Commission’s authority to promulgate the regulations does not implicate or infringe on the Respondents’ rights to farm. Third, the Commission contends that the circuit court erred by enjoining the Commission’s enforcement of the new regulations against all people in Missouri, rather than only against the Respondents. The Respondents contend that captive cervids are not wildlife or game even though they are wild by nature because they are too domesticated and, therefore, akin to livestock. The Court rejects this contention and looks at the plain meaning of the terms “game” and “wildlife” and concludes that both terms plainly include all species that are wild by nature. The terms are not ambiguous. The Court points out that it would be unreasonable to hold that the Commission has constitutional authority to regulate individual cervids that are born free and still free-roaming but take away that authority when an individual cervid is considered domesticated. “The Court will not give a law a construction which would render it unreasonable when it is susceptible to a reasonable one.” Furthermore, historically, the term “game” was broad enough to embrace all kinds of deer whether tame or wild. Captive cervids are therefore considered “game” and “wildlife” and the Commission has authority under the Missouri Constitution to regulate Respondents’ captive cervids. Respondent’ second contention is that they own the captive cervids and, therefore, the cervids are not resources of the state. The Court rejects this contention. The Commission has always regulated deer and elk owned by private parties. The Court holds that the phrase “resources of the state” unambiguously refers to resources within the entire geographical boundaries of the state. Therefore, Respondents’ cervids are considered resources of the state. The Court agrees with the Commission’s second contention that the regulations did not infringe on Respondents’ right to farm. Respondents failed to show that they are engaged in farming and ranching practices and, therefore, cannot invoke the guarantee of the Missouri Constitution. The Court did not reach the Commission’s third contention. Ultimately the Court reversed the circuit court’s judgment in favor of Respondents and entered judgment in favor of Appellants on both counts.

This case concerns the regulatory authority of the Missouri Conservation Commission ("Commission"), which has authority over the control, management, restoration, conservation, and regulation of the bird, fish, game, forestry and all wildlife resources of the state. The respondents in this case operate different selective breeding and private hunting facilities that rely on captive bred deer and elk (“cervids”). Respondent Hill co-owns the Oak Creek Whitetail Ranch which is a large hunting preserve and white-tailed deer breeding operation. Respondent Broadway owns a hunting preserve which offers three-day guided hunts of a variety of animals, including elk. Broadway also has a deer breeding operation. Respondent Grace owns a breeding facility for white-tailed deer, sika, and red deer. The respondents cannot operate their hunting preserves and captive breeding facilities without permits from the Missouri Department of Conservation, which all respondents have. Cervids can be infected with a fatal neurodegenerative disease known as chronic wasting disease (CWD). The first detection of the disease in Missouri was at Heartland Wildlife Ranches, which was eventually purchased by Respondent Broadway and renamed Winter Quarters Wildlife Ranch. Due to this, the Missouri Conservation Commission set up surveillance within 25 miles of the facility. From 2010 to 2013 the Commission found 10 free-ranging deer infected with CWD out of the 14,000 tested in the surveillance zone. Over the next three years the Commission detected CWD in 14 free-ranging deer, several of which were found near closed or currently operating captive cervid facilities. Attempting to eradicate CWD, the Commission proposed a series of regulatory amendments that were to take effect in January of 2015. The amendments were aimed at the captive cervid industry. The regulations relevant to this case banned the importation of cervids, imposed more rigorous fencing requirements, and imposed more rigorous recordkeeping and veterinary inspection requirements. Respondents brought an action suing the Appellants (the Missouri Conservation Commission) to prevent these regulations from going into effect. At trial, the circuit court declared that the regulations were invalid and enjoined the Commission from enforcing them. On appeal, the Commission raised three arguments. First, the Commission contends that the circuit court erred because Respondents’ cervids are “game” and “wildlife resources of the state” and, therefore, can be regulated by the Commission under the Missouri Constitution. Second, the Commission contends that the circuit court erred because the Commission’s authority to promulgate the regulations does not implicate or infringe on the Respondents’ rights to farm. Third, the Commission contends that the circuit court erred by enjoining the Commission’s enforcement of the new regulations against all people in Missouri, rather than only against the Respondents. The Respondents contend that captive cervids are not wildlife or game even though they are wild by nature because they are too domesticated and, therefore, akin to livestock. The Court rejects this contention and looks at the plain meaning of the terms “game” and “wildlife” and concludes that both terms plainly include all species that are wild by nature. The terms are not ambiguous. The Court points out that it would be unreasonable to hold that the Commission has constitutional authority to regulate individual cervids that are born free and still free-roaming but take away that authority when an individual cervid is considered domesticated. “The Court will not give a law a construction which would render it unreasonable when it is susceptible to a reasonable one.” Furthermore, historically, the term “game” was broad enough to embrace all kinds of deer whether tame or wild. Captive cervids are therefore considered “game” and “wildlife” and the Commission has authority under the Missouri Constitution to regulate Respondents’ captive cervids. Respondent’ second contention is that they own the captive cervids and, therefore, the cervids are not resources of the state. The Court rejects this contention. The Commission has always regulated deer and elk owned by private parties. The Court holds that the phrase “resources of the state” unambiguously refers to resources within the entire geographical boundaries of the state. Therefore, Respondents’ cervids are considered resources of the state. The Court agrees with the Commission’s second contention that the regulations did not infringe on Respondents’ right to farm. Respondents failed to show that they are engaged in farming and ranching practices and, therefore, cannot invoke the guarantee of the Missouri Constitution. The Court did not reach the Commission’s third contention. Ultimately the Court reversed the circuit court’s judgment in favor of Respondents and entered judgment in favor of Appellants on both counts.

Ley Nº 19.162, 1992

Summary: This constitutes "The Meat Law." Establishes the compulsory system of classification of livestock and nomenclature of meat. It also regulates the operation of slaughterhouses, refrigerators, and establishments of the meat industry.

This constitutes "The Meat Law." Establishes the compulsory system of classification of livestock and nomenclature of meat. It also regulates the operation of slaughterhouses, refrigerators, and establishments of the meat industry.

Decreto 28, 2013

Summary: This Decreto contains the regulations for the protection of animals that are used for meat, leather, feathers, and other byproducts by imposing the use of rational methods to avoid unnecessary suffering during technical procedures and slaughter.

This Decreto contains the regulations for the protection of animals that are used for meat, leather, feathers, and other byproducts by imposing the use of rational methods to avoid unnecessary suffering during technical procedures and slaughter.

DECRETO 1248, 1975

Summary: This Decreto contains the regulations for the safe treatment of live animals during loading, unloading and transportation of livestock. It aims for the humane treatment of animals during transportation and other related options.

This Decreto contains the regulations for the safe treatment of live animals during loading, unloading and transportation of livestock. It aims for the humane treatment of animals during transportation and other related options.

Argentina, Ley 27233, 2015

Summary: This law declared animal and plant health of national interest. Ley 27233 established that the all persons including legal persons that are participants in the agro-food chain (production, obtention, transportation and industrialization of products, by-products, and derivatives of silvo-agricultural and fishing origin), have the responsibility to watch and respond to the health, innocuousness, hygiene, and quality of agricultural production, in accordance with the current regulations. Article 2 declared of public order the national regulations by which the development of actions aim for the preservation of animal health, plant protection, and the hygienic-sanitary condition of food of agricultural origin. This responsibility extends to those who produce, divide, conserve, deposit, concentrate, transport, commercialize, sell, import or export animals, vegetables, food, raw materials, food additives, reproductive material, animal feed and raw materials, fishery products and other products of animal and/or vegetable origin that act individually, jointly or successively, in the agro-food chain.

This law declared animal and plant health of national interest. Ley 27233 established that the all persons including legal persons that are participants in the agro-food chain (production, obtention, transportation and industrialization of products, by-products, and derivatives of silvo-agricultural and fishing origin), have the responsibility to watch and respond to the health, innocuousness, hygiene, and quality of agricultural production, in accordance with the current regulations. Article 2 declared of public order the national regulations by which the development of actions aim for the preservation of animal health, plant protection, and the hygienic-sanitary condition of food of agricultural origin. This responsibility extends to those who produce, divide, conserve, deposit, concentrate, transport, commercialize, sell, import or export animals, vegetables, food, raw materials, food additives, reproductive material, animal feed and raw materials, fishery products and other products of animal and/or vegetable origin that act individually, jointly or successively, in the agro-food chain.