Humane Slaughter

CO - Humane Slaughter - Article 33. Custom Processing of Meat Animals.

Summary: This Colorado section includes both the meat processing laws and the humane slaughter provisions. It covers livestock, which are defined as cattle, calves, sheep, swine, horses, mules, goats, and any other animal which may be used in and for the preparation of meat or meat products. No processor shall shackle, hoist, or otherwise bring livestock into position for slaughter or shall slaughter livestock except by humane methods as defined by regulation; the use of a manually operated hammer, sledge, or poleax is not permitted. Additionally, poultry shall be slaughtered in accordance with "good commercial practices" and in a manner that will result in thorough bleeding.  Any person who violates any provision is subject to a civil penalty of not more than $750 per violation for each day of violation and commits a class 2 misdemeanor.

This Colorado section includes both the meat processing laws and the humane slaughter provisions. It covers livestock, which are defined as cattle, calves, sheep, swine, horses, mules, goats, and any other animal which may be used in and for the preparation of meat or meat products. No processor shall shackle, hoist, or otherwise bring livestock into position for slaughter or shall slaughter livestock except by humane methods as defined by regulation; the use of a manually operated hammer, sledge, or poleax is not permitted. Additionally, poultry shall be slaughtered in accordance with "good commercial practices" and in a manner that will result in thorough bleeding.  Any person who violates any provision is subject to a civil penalty of not more than $750 per violation for each day of violation and commits a class 2 misdemeanor.

CA - Humane Slaughter - Chapter 6. Slaughter

Summary: This California section constitutes the humane slaughter provisions for cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The law provides that the animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled. Note that despite the section covering poultry, it does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation.

This California section constitutes the humane slaughter provisions for cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The law provides that the animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled. Note that despite the section covering poultry, it does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation.

CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transaction

Summary: As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both.

As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both.

AZ - Humane Slaughter - Slaughter of Animals

Summary: This Arizona statutory section covers the slaughter of animals. Among its provisions include license requirements for the slaughter meat, recordkeeping requirements, and a section relating to humane slaughter. The humane slaughter law requires that a livestock animal is rendered insensible to pain prior to being hoisted or shackled; however, none of the provisions apply to one who slaughters an animal for his or her own uses. Interestingly, while the other provisions relating to adulterated meat and licensing requirements describe the penalty for violation, no penalty is listed under the humane slaughter statute.

This Arizona statutory section covers the slaughter of animals. Among its provisions include license requirements for the slaughter meat, recordkeeping requirements, and a section relating to humane slaughter. The humane slaughter law requires that a livestock animal is rendered insensible to pain prior to being hoisted or shackled; however, none of the provisions apply to one who slaughters an animal for his or her own uses. Interestingly, while the other provisions relating to adulterated meat and licensing requirements describe the penalty for violation, no penalty is listed under the humane slaughter statute.

DR. ELLEN LEVINE et al., Plaintiffs, v. MIKE JOHANNS, Defendants

Summary: This action challenges the exclusion of chickens, turkeys, and other birds from the protections of the federal Humane Slaughter Act (HSA). The Levine plaintiffs’ complaint challenges a USDA Notice issued on September 28, 2005, titled “Treatment of Live Poultry Before Slaughter.” The Notice states that there is no federal statute governing the humane slaughter of poultry, but recommends that the poultry industry adopt voluntary measures to improve slaughter practices. Plaintiffs all contend that by excluding these animals from the protections of the Act exposes them to greater risk of food-borne illness. The inhumane methods of slaughtering the birds have been linked in scientific studies to greater incidence of food-borne pathogens in the meat. In their complaint, Plaintiffs request an order finding the act of excluding poultry from the HSA is arbitrary and capricious, and enjoining the USDA from excluding poultry species from the HSA. In its order regarding defendant’s motion to dismiss, the court found that plaintiffs credibly alleged that they face an imminent exposure to heightened risk that they will become ill from consuming inhumanely slaughtered animals. Thus, defendant’s motion to dismiss the consumer claims was denied.

This action challenges the exclusion of chickens, turkeys, and other birds from the protections of the federal Humane Slaughter Act (HSA). The Levine plaintiffs’ complaint challenges a USDA Notice issued on September 28, 2005, titled “Treatment of Live Poultry Before Slaughter.” The Notice states that there is no federal statute governing the humane slaughter of poultry, but recommends that the poultry industry adopt voluntary measures to improve slaughter practices. Plaintiffs all contend that by excluding these animals from the protections of the Act exposes them to greater risk of food-borne illness. The inhumane methods of slaughtering the birds have been linked in scientific studies to greater incidence of food-borne pathogens in the meat. In their complaint, Plaintiffs request an order finding the act of excluding poultry from the HSA is arbitrary and capricious, and enjoining the USDA from excluding poultry species from the HSA. In its order regarding defendant’s motion to dismiss, the court found that plaintiffs credibly alleged that they face an imminent exposure to heightened risk that they will become ill from consuming inhumanely slaughtered animals. Thus, defendant’s motion to dismiss the consumer claims was denied.

KY - Louisville/Jefferson County - Title IX: General Regulations (Chapter 91: Animals)

Summary:

In Louisville-Jefferson County, Kentucky, no person shall crop a dog’s ears or tail, except a veterinarian. Additionally, no person shall mutilate any animal whether dead or alive; however, this provision does not apply to accepted livestock practices concerning humane slaughter at licensed stockyards, slaughterhouses and meat packing establishments or on the premises of agricultural uses. Penalties are also included for violating these provisions.

In Louisville-Jefferson County, Kentucky, no person shall crop a dog’s ears or tail, except a veterinarian. Additionally, no person shall mutilate any animal whether dead or alive; however, this provision does not apply to accepted livestock practices concerning humane slaughter at licensed stockyards, slaughterhouses and meat packing establishments or on the premises of agricultural uses. Penalties are also included for violating these provisions.

FL - Palm Beach County - Chapter 4: Animals (§ 4-24: Animal Care)

Summary:

This Palm Beach County, Florida ordinance prohibits the act of humane slaughter, as defined by §§ F.S.A. 828.22 and/or 828.23, within earshot or view of the public. A violation of this provision constitutes a civil infraction and is punishable by a fine not to exceed $500.

This Palm Beach County, Florida ordinance prohibits the act of humane slaughter, as defined by §§ F.S.A. 828.22 and/or 828.23, within earshot or view of the public. A violation of this provision constitutes a civil infraction and is punishable by a fine not to exceed $500.

Farm Sanctuary, Inc. v. Department of Food & Agriculture

Summary:

Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid.

Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid.

New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture

Summary:

The issue in the case was whether the regulations promulgated by the NJDA pursuant to this authority were invalid for failing to comply with the “humane” standards requirement. Although the court held that the regulations in their entirety were not invalid, the court found that NJDA acted arbitrarily and capriciously in enacting its regulations by allowing all “routine husbandry practices,” as there was no evidence that those practices were “humane.” The court further rejected NJDA regulations allowing cattle tail docking, finding no evidence to support that the practices were “humane.” Finally, the court rejected the assertion of NJDA that certain controversial farm practices, such as castration, de-beaking, and toe-trimming, are “humane” if they are performed by a “knowledgeable individual” “in a way to minimize pain.”

The issue in the case was whether the regulations promulgated by the NJDA pursuant to this authority were invalid for failing to comply with the “humane” standards requirement. Although the court held that the regulations in their entirety were not invalid, the court found that NJDA acted arbitrarily and capriciously in enacting its regulations by allowing all “routine husbandry practices,” as there was no evidence that those practices were “humane.” The court further rejected NJDA regulations allowing cattle tail docking, finding no evidence to support that the practices were “humane.” Finally, the court rejected the assertion of NJDA that certain controversial farm practices, such as castration, de-beaking, and toe-trimming, are “humane” if they are performed by a “knowledgeable individual” “in a way to minimize pain.”

New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture

Summary:

This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture.   Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable. This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008).

This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture.   Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable. This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008).