Farming or Food Production

Farm Sanctuary v. United States Dep't of Agric.

Summary: Several non-profit organizations, including Farm Sanctuary and Animal Legal Defense Fund, filed a lawsuit against the United States Department of Agriculture (USDA) and Food Safety and Inspection Service (FSIS) challenging their actions related to the slaughtering of pigs under the Administrative Procedure Act. The plaintiffs alleged three causes of action related to the humane treatment, handling, and disposition of downed pigs, violation of the Humane Methods of Slaughter Act, and arbitrary and capricious denial of a Petition for Rulemaking. The plaintiffs in this case filed two causes of action against the defendants. The first cause of action claimed a violation of the Humane Methods of Slaughter Act (HMSA) and the Administrative Procedure Act (APA) for failing to investigate and report on downed pigs to Congress. Specifically, the plaintiffs submitted a petition to ban the slaughter of non-ambulatory pigs, which was denied by the defendants who claimed that their existing regulations and inspection procedures are sufficient in ensuring humane treatment and preventing diseased animals from entering the food supply. The plaintiffs requested the court to issue a declaration finding the violation and to compel the defendants to conduct an investigation and report to Congress. The second cause of action alleged a violation of the HMSA and APA for failing to assess the need for regulations regarding the humane treatment of downed pigs and to promulgate such regulations. The plaintiffs requested similar relief as in the first cause of action. The Court granted the Plaintiffs' Motion to Complete the Administrative Record, denied Plaintiffs' Motion for Judicial Notice, granted Defendants' Motion for Summary Judgment, and denied Plaintiffs' Motion for Summary Judgment. On appeal, the defendants argued that the plaintiffs have not demonstrated standing at the summary judgment stage, despite a previous ruling during the motion to dismiss stage. Article III standing requires plaintiffs to show (1) an injury-in-fact, (2) a causal connection between the injury and the defendant's actions, and (3) the likelihood that the injury can be remedied. The defendants argued that the plaintiffs lacked standing to pursue both causes of action because they had not been injured by the defendants' alleged failures, and any relief ordered by the court would not redress their injuries. Regarding the informational injury, the court found that the plaintiffs had not demonstrated that it was sufficiently concrete to meet the requirements of Article III. The court also stated that seeking to ensure compliance with regulatory law was not sufficient grounds for standing. The potential availability of a report through the Freedom of Information Act was considered too attenuated to establish a concrete informational injury. Regarding the organizational injury, the court referred to a recent Second Circuit decision that rejected an expansive concept of organizational injury for standing purposes. The plaintiffs claimed that they had been forced to spend resources investigating and reporting on downed pigs, which they argue was the responsibility of the USDA. However, the court ruled that the plaintiffs had voluntarily chosen to engage in these activities and had not been required to do so by the USDA. The court explained that an organization must show an involuntary material burden on its established core activities, and the challenged law or regulation must impose a cost that adversely affects the organization's regular activities pursued in its organizational mission. Expenditures or activities undertaken by the organization's own initiative, without being reasonably necessary to continue established core activities, were insufficient to establish injury for standing purposes. The court found that the plaintiffs had not shown a perceptible impairment to their activities caused by the defendants' actions, and the expenditures incurred by the plaintiffs were not reasonably necessary to continue their established core activities. Therefore, the plaintiffs did not establish an injury in fact for standing purposes based on organizational injury. Even assuming the plaintiffs had standing, they failed to establish that defendants violated the HMSA and the APA by failing to investigate and report to Congress on downed pigs. The defendants argue that they complied with Congress's mandates and that some obligations are not judicially reviewable, to which the court agreed. The plaintiffs in this case alleged that the defendants violated the FMSA by failing to investigate and report on downed pigs as required by Section 1907(a). However, the court found that Section 1907 does not mandate that the Secretary investigate each and every species of livestock, and the plaintiffs failed to provide evidence supporting that reading of the statute. The court also found that the plaintiffs' challenge to the sufficiency of the reports was not enough to succeed on an APA claim because they did not establish that the defendants failed to take a discrete agency action that they were required to take. As a result, the defendants are entitled to summary judgment on the first cause of action. Additionally, defendants argued that they are entitled to summary judgment because the relevant statute does not require them to regulate the slaughter of downed pigs, and therefore, the decision is discretionary. The plaintiffs did not provide a response to this argument, and their failure to advocate for their second cause of action is likely due to the absence of any statutory requirement that Defendants ban the slaughter of downed pigs. The court examined the relevant statute, which provides that the Secretary shall promulgate regulations to provide for the humane treatment of non-ambulatory livestock if necessary. The court concluded that the statute grants discretion to the Secretary to determine whether to promulgate such regulations and that agency decisions not to take enforcement action are unreviewable. Thus, the court concluded that the defendants' actions were not arbitrary or capricious. For the foregoing reasons, Plaintiffs’ Motion to Complete the Administrative Record was granted; Plaintiffs’ Motion for Judicial Notice and their Motion for Summary Judgment were denied; and Defendants’ Motion for Summary Judgment was granted.

Several non-profit organizations, including Farm Sanctuary and Animal Legal Defense Fund, filed a lawsuit against the United States Department of Agriculture (USDA) and Food Safety and Inspection Service (FSIS) challenging their actions related to the slaughtering of pigs under the Administrative Procedure Act. The plaintiffs alleged three causes of action related to the humane treatment, handling, and disposition of downed pigs, violation of the Humane Methods of Slaughter Act, and arbitrary and capricious denial of a Petition for Rulemaking. The plaintiffs in this case filed two causes of action against the defendants. The first cause of action claimed a violation of the Humane Methods of Slaughter Act (HMSA) and the Administrative Procedure Act (APA) for failing to investigate and report on downed pigs to Congress. Specifically, the plaintiffs submitted a petition to ban the slaughter of non-ambulatory pigs, which was denied by the defendants who claimed that their existing regulations and inspection procedures are sufficient in ensuring humane treatment and preventing diseased animals from entering the food supply. The plaintiffs requested the court to issue a declaration finding the violation and to compel the defendants to conduct an investigation and report to Congress. The second cause of action alleged a violation of the HMSA and APA for failing to assess the need for regulations regarding the humane treatment of downed pigs and to promulgate such regulations. The plaintiffs requested similar relief as in the first cause of action. The Court granted the Plaintiffs' Motion to Complete the Administrative Record, denied Plaintiffs' Motion for Judicial Notice, granted Defendants' Motion for Summary Judgment, and denied Plaintiffs' Motion for Summary Judgment. On appeal, the defendants argued that the plaintiffs have not demonstrated standing at the summary judgment stage, despite a previous ruling during the motion to dismiss stage. Article III standing requires plaintiffs to show (1) an injury-in-fact, (2) a causal connection between the injury and the defendant's actions, and (3) the likelihood that the injury can be remedied. The defendants argued that the plaintiffs lacked standing to pursue both causes of action because they had not been injured by the defendants' alleged failures, and any relief ordered by the court would not redress their injuries. Regarding the informational injury, the court found that the plaintiffs had not demonstrated that it was sufficiently concrete to meet the requirements of Article III. The court also stated that seeking to ensure compliance with regulatory law was not sufficient grounds for standing. The potential availability of a report through the Freedom of Information Act was considered too attenuated to establish a concrete informational injury. Regarding the organizational injury, the court referred to a recent Second Circuit decision that rejected an expansive concept of organizational injury for standing purposes. The plaintiffs claimed that they had been forced to spend resources investigating and reporting on downed pigs, which they argue was the responsibility of the USDA. However, the court ruled that the plaintiffs had voluntarily chosen to engage in these activities and had not been required to do so by the USDA. The court explained that an organization must show an involuntary material burden on its established core activities, and the challenged law or regulation must impose a cost that adversely affects the organization's regular activities pursued in its organizational mission. Expenditures or activities undertaken by the organization's own initiative, without being reasonably necessary to continue established core activities, were insufficient to establish injury for standing purposes. The court found that the plaintiffs had not shown a perceptible impairment to their activities caused by the defendants' actions, and the expenditures incurred by the plaintiffs were not reasonably necessary to continue their established core activities. Therefore, the plaintiffs did not establish an injury in fact for standing purposes based on organizational injury. Even assuming the plaintiffs had standing, they failed to establish that defendants violated the HMSA and the APA by failing to investigate and report to Congress on downed pigs. The defendants argue that they complied with Congress's mandates and that some obligations are not judicially reviewable, to which the court agreed. The plaintiffs in this case alleged that the defendants violated the FMSA by failing to investigate and report on downed pigs as required by Section 1907(a). However, the court found that Section 1907 does not mandate that the Secretary investigate each and every species of livestock, and the plaintiffs failed to provide evidence supporting that reading of the statute. The court also found that the plaintiffs' challenge to the sufficiency of the reports was not enough to succeed on an APA claim because they did not establish that the defendants failed to take a discrete agency action that they were required to take. As a result, the defendants are entitled to summary judgment on the first cause of action. Additionally, defendants argued that they are entitled to summary judgment because the relevant statute does not require them to regulate the slaughter of downed pigs, and therefore, the decision is discretionary. The plaintiffs did not provide a response to this argument, and their failure to advocate for their second cause of action is likely due to the absence of any statutory requirement that Defendants ban the slaughter of downed pigs. The court examined the relevant statute, which provides that the Secretary shall promulgate regulations to provide for the humane treatment of non-ambulatory livestock if necessary. The court concluded that the statute grants discretion to the Secretary to determine whether to promulgate such regulations and that agency decisions not to take enforcement action are unreviewable. Thus, the court concluded that the defendants' actions were not arbitrary or capricious. For the foregoing reasons, Plaintiffs’ Motion to Complete the Administrative Record was granted; Plaintiffs’ Motion for Judicial Notice and their Motion for Summary Judgment were denied; and Defendants’ Motion for Summary Judgment was granted.

Mexico - Health - Ley Federal de Sanidad Animal

Summary: The Federal Law of Animal Health establishes the foundation for diagnosing, preventing, controlling, and eradicating zoonotic diseases. It defines animal welfare and outlines best practices related to livestock, among other things. This law defines animal welfare as the set of activities aimed at providing animals comfort, tranquility, protection, and safety during rearing, maintenance, exploitation, transport, and slaughter.

The Federal Law of Animal Health establishes the foundation for diagnosing, preventing, controlling, and eradicating zoonotic diseases. It defines animal welfare and outlines best practices related to livestock, among other things. This law defines animal welfare as the set of activities aimed at providing animals comfort, tranquility, protection, and safety during rearing, maintenance, exploitation, transport, and slaughter.

Mexico - Humane slaughter - Norma Oficial Mexicana Nom-033-Zoo-1995 - Sacrificio Humanitario de los Animales Domesticos y Silvestres

Summary: This law regulates the humane slaughter or anesthesia of farm, domestic, and wildlife animals. It contains detailed guidelines about methods allowed depending on the species and how to handle animals prior to slaughter or euthanasia procedures. For instance, this law mandates that all farm animals and wild animals slaughtered for human consumption are stunned, while companion animals must be sedated before euthanasia. It also contains provisions on emergency killing protocols for all species. Some prohibited methods include the use of substances that induce muscular paralysis without causing loss of consciousness and that cause death by suffocation, and the use of potassium chloride in any form to cause the death of animals since its administration causes severe pain and anxiety, followed by diastolic cardiac arrest in the conscious individual. However, its use is allowed on mega vertebrates, as long as the animal is under anesthesia and a veterinarian verifies this. Inducing hypothermia or using electricity for stunning, anesthesia, killing, and euthanasia of all reptiles is also prohibited. In addition, it is prohibited to kill rodents, lagomorphs, and small mammals by hypothermia and/or freezing, chest compression, strangulation, drowning, or other mechanical suffocation methods. Finally, it is prohibited to use trapping methods to kill wildlife.

This law regulates the humane slaughter or anesthesia of farm, domestic, and wildlife animals. It contains detailed guidelines about methods allowed depending on the species and how to handle animals prior to slaughter or euthanasia procedures. For instance, this law mandates that all farm animals and wild animals slaughtered for human consumption are stunned, while companion animals must be sedated before euthanasia. It also contains provisions on emergency killing protocols for all species. Some prohibited methods include the use of substances that induce muscular paralysis without causing loss of consciousness and that cause death by suffocation, and the use of potassium chloride in any form to cause the death of animals since its administration causes severe pain and anxiety, followed by diastolic cardiac arrest in the conscious individual. However, its use is allowed on mega vertebrates, as long as the animal is under anesthesia and a veterinarian verifies this. Inducing hypothermia or using electricity for stunning, anesthesia, killing, and euthanasia of all reptiles is also prohibited. In addition, it is prohibited to kill rodents, lagomorphs, and small mammals by hypothermia and/or freezing, chest compression, strangulation, drowning, or other mechanical suffocation methods. Finally, it is prohibited to use trapping methods to kill wildlife.

Ecuador - Farm animals - Organic Code of agricultural health

Summary: The organic code of agricultural health of 2017 has as its primary objective to 1) prevent the entry, dissemination, and establishment of pests and diseases; promote animal welfare; and 2) control and eradicate pests and diseases that affect plants and animals and that could represent a phytosanitary and animal health risk. This law creates the Regulatory agency for Phytosanitary and Zoosanitary Control. This agency is responsible for regulating and controlling animal health and welfare, plant health, and food to maintain and improve the adequate conditions of agricultural production.

The organic code of agricultural health of 2017 has as its primary objective to 1) prevent the entry, dissemination, and establishment of pests and diseases; promote animal welfare; and 2) control and eradicate pests and diseases that affect plants and animals and that could represent a phytosanitary and animal health risk. This law creates the Regulatory agency for Phytosanitary and Zoosanitary Control. This agency is responsible for regulating and controlling animal health and welfare, plant health, and food to maintain and improve the adequate conditions of agricultural production.

CO - Slaughter - Decreto 1500 de 2007

Summary: Decreto 1500, 2007, establishes the technical regulations that create the standards for inspection, supervision, and control in the meat production chain. This decree focuses on the sanitary and health aspects involved in the slaughter phase of livestock. However, there are some provisions that directly or indirectly address animal welfare. Some of these provisions include raising animals in facilities that pose a minimum risk for animal production and welfare. Primary production farms must implement good practices in animal feeding and animal welfare. Transportation vehicles must have adequate physical separation mechanisms to prevent overcrowding, crowding, and animal aggression during transport. In addition, vehicles must have adequate conditions for animal welfare, biosecurity, biocontainment, and sanitary management. Article 31 Num 3 establishes that animals must be slaughtered by non-cruel methods, which ensure that they are rendered unconscious before being slaughtered. The National Institute for Food and Drug Supervision -INVIMA- is the authority in charge of establishing and overseeing compliance with slaughter methods.

Decreto 1500, 2007, establishes the technical regulations that create the standards for inspection, supervision, and control in the meat production chain. This decree focuses on the sanitary and health aspects involved in the slaughter phase of livestock. However, there are some provisions that directly or indirectly address animal welfare. Some of these provisions include raising animals in facilities that pose a minimum risk for animal production and welfare. Primary production farms must implement good practices in animal feeding and animal welfare. Transportation vehicles must have adequate physical separation mechanisms to prevent overcrowding, crowding, and animal aggression during transport. In addition, vehicles must have adequate conditions for animal welfare, biosecurity, biocontainment, and sanitary management. Article 31 Num 3 establishes that animals must be slaughtered by non-cruel methods, which ensure that they are rendered unconscious before being slaughtered. The National Institute for Food and Drug Supervision -INVIMA- is the authority in charge of establishing and overseeing compliance with slaughter methods.

Colombia - Farming - Decreto 2113 de 2017

Summary: Adds a Chapter to Title 3, part 13, 2nd book of Decree 1071, 2015 (Sole Regulatory Decree of the Agricultural, Fisheries, and Rural Development Administrative Sector), titled “Animal welfare for production species in the agricultural sector,” which establishes the general provisions and requirements for livestock Animal Welfare in the agricultural sector. Among other things, it establishes that Decree 1071, 2015 is framed based on the five freedoms (freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury, and disease; freedom to express normal and natural behavior) and defines production animals as “vertebrates and invertebrates used in commercial production.” Some of the general aspects include that surfaces (for walking, resting, etc.) must be adapted to the species in order to minimize the risks of injury or transmission of diseases or parasites to the animals. The environmental conditions must allow for comfortable rest and safe and comfortable movements, including changes in normal postures, as well as allow the animals to show natural behavior. Allowing animals to be in social groups encourages positive social behaviors and minimizes injury, disorder, or chronic fear. When painful procedures cannot be avoided, pain should be managed to the extent available methods allow. Animal handling should promote a positive relationship between humans and animals and not cause injury, panic, lasting fear, or avoidable stress. Finally, the Colombian Agricultural Institute (ICA) is the enforcing authority in charge of imposing sanctions for violations of animal health and welfare regulations.

Adds a Chapter to Title 3, part 13, 2nd book of Decree 1071, 2015 (Sole Regulatory Decree of the Agricultural, Fisheries, and Rural Development Administrative Sector), titled “Animal welfare for production species in the agricultural sector,” which establishes the general provisions and requirements for livestock Animal Welfare in the agricultural sector. Among other things, it establishes that Decree 1071, 2015 is framed based on the five freedoms (freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury, and disease; freedom to express normal and natural behavior) and defines production animals as “vertebrates and invertebrates used in commercial production.” Some of the general aspects include that surfaces (for walking, resting, etc.) must be adapted to the species in order to minimize the risks of injury or transmission of diseases or parasites to the animals. The environmental conditions must allow for comfortable rest and safe and comfortable movements, including changes in normal postures, as well as allow the animals to show natural behavior. Allowing animals to be in social groups encourages positive social behaviors and minimizes injury, disorder, or chronic fear. When painful procedures cannot be avoided, pain should be managed to the extent available methods allow. Animal handling should promote a positive relationship between humans and animals and not cause injury, panic, lasting fear, or avoidable stress. Finally, the Colombian Agricultural Institute (ICA) is the enforcing authority in charge of imposing sanctions for violations of animal health and welfare regulations.

Colombia - Animal welfare - Ley 1955

Summary: “The National Development Plan for 2018-2022,” in article 324, instructs the national government to draft the national policy and guidelines for the protection and welfare of farm animals, stray animals, and animals subject to cruelty, among others. It instructs the government to define strategies, programs, and to propose laws for animal protection on issues such as responsible ownership, sterilization campaigns, the creation of welfare centers, rehabilitation and integral assistance to domestic and wild animals, the progressive substitution of vehicles of animal traction, and the strengthening of investigation and prosecution procedures for crimes against animals with the purpose of eradicating all forms of animal violence, cruelty, illegal traffic, and trade.

“The National Development Plan for 2018-2022,” in article 324, instructs the national government to draft the national policy and guidelines for the protection and welfare of farm animals, stray animals, and animals subject to cruelty, among others. It instructs the government to define strategies, programs, and to propose laws for animal protection on issues such as responsible ownership, sterilization campaigns, the creation of welfare centers, rehabilitation and integral assistance to domestic and wild animals, the progressive substitution of vehicles of animal traction, and the strengthening of investigation and prosecution procedures for crimes against animals with the purpose of eradicating all forms of animal violence, cruelty, illegal traffic, and trade.

CL - Slaughter - Ley 21.3016

Summary: This law modifies Law No. 19.162, increasing sanctions for violations of animal health regulations in slaughterhouses, and information falsification in the livestock and meat traceability system. This law increases monetary fees from 100 monthly tax units (UTM) to 500 UTM. In addition it adds a paragraph to artiicle 8 of Law No. 19.162 stating the following: "The person who, in an export process, incurs violations of this law related to animal health or traceability will be sanctioned with a fine of 100 to 1,000 monthly tax units and with the confiscation of the products. Additionally, they will be sanctioned with the prohibition of export between three to five years. In case of recidivism within the five years following the end of the prohibition, the conduct will be sanctioned with the perpetual prohibition to export. In the case of a legal person, the same sanction will fall on the natural person or persons controlling the said company and the other companies they control."

This law modifies Law No. 19.162, increasing sanctions for violations of animal health regulations in slaughterhouses, and information falsification in the livestock and meat traceability system. This law increases monetary fees from 100 monthly tax units (UTM) to 500 UTM. In addition it adds a paragraph to artiicle 8 of Law No. 19.162 stating the following: "The person who, in an export process, incurs violations of this law related to animal health or traceability will be sanctioned with a fine of 100 to 1,000 monthly tax units and with the confiscation of the products. Additionally, they will be sanctioned with the prohibition of export between three to five years. In case of recidivism within the five years following the end of the prohibition, the conduct will be sanctioned with the perpetual prohibition to export. In the case of a legal person, the same sanction will fall on the natural person or persons controlling the said company and the other companies they control."

CL - Transport, animals - Decreto 30

Summary: This "Decreto" or executive order contains welfare standards for animals during transport. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 29, 2013. Under this decreto, cattle cannot be transported in conditions that could cause unnecessary pain and suffering. However, there are no limitations regarding the number of animals that can be loaded, and animals can be transported without food, water, and rest for up to 24 hours. if it is impossible to unload the animals, the carrier must ensure that animals are provided food and water.

This "Decreto" or executive order contains welfare standards for animals during transport. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 29, 2013. Under this decreto, cattle cannot be transported in conditions that could cause unnecessary pain and suffering. However, there are no limitations regarding the number of animals that can be loaded, and animals can be transported without food, water, and rest for up to 24 hours. if it is impossible to unload the animals, the carrier must ensure that animals are provided food and water.

Decreto 29

Summary: This "Decreto" or executive order contains the welfare standards in industrial livestock production and commercialization. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 30, 2013. It defines industrial production and confinement. Other important aspects include the prohibition of improperly managing animals, and the requirement to minimize pain and suffering during surgical husbandry procedures such as castration, dehorning/disbudding, tail cropping, beak trimming, etc.

This "Decreto" or executive order contains the welfare standards in industrial livestock production and commercialization. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 30, 2013. It defines industrial production and confinement. Other important aspects include the prohibition of improperly managing animals, and the requirement to minimize pain and suffering during surgical husbandry procedures such as castration, dehorning/disbudding, tail cropping, beak trimming, etc.