Farm Animals: Is That Legal in the U.S.?

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Approximately ten billion land animals are raised and killed annually in the United States, for food.  Farmed animals–those raised for the meat, dairy, and egg industries are among the most battered.  They are subjected to the kind of brutal treatment that would be illegal if forced on dogs or cats.  Many farm animals are intensively confined in crates, cages, or pens so small they can barely move, while others are overcrowded in filthy, barren sheds.  Painful physical mutilations such as tail docking are commonly inflicted on farm animals without any anesthesia.  Most of them are raised for unnaturally high rates of production,  which considerably decreases their well-being.

Federal

The U.S. has no federal laws protecting farm animals during their life on the farms where they are raised.  Two federal laws cover farm animals during transport and slaughter, but poultry is excluded. There are no federal regulations regarding the breeding, rearing, sale, transportation, or slaughter of chickens.

Transport

The 28-Hour Law enacted in 1873 and amended in 1994, covers farmed animals during transportation only and excludes poultry.  The law requires that animals transported across state lines for slaughter, by means other than water or air, be unloaded every 28 hours for rest, food and water.  Animals are often tightly confined and transported in extreme heat and cold, and the only requirement is that they receive a break every 28 hours.  Many truck drivers do not adhere to this rule, especially when the trip is only slightly over 28 hours.  The law is rarely, if ever, enforced.

Slaughter

The Humane Methods of Livestock Slaughter Act (HMSLA) was originally passed in 1958.  The Act requires that livestock animals, such as cattle, calves, horses, mules, sheep, swine, and goats, be rendered insensible to pain before being shackled, hoisted, thrown, cast, or cut.  This is usually accomplished through electrocution when dealing with pigs and captive bolt stunning for cows, goats, and sheep.  Other permitted methods are shooting the animals in the head or gassing them with carbon dioxide gas.  The Act excludes poultry, who make up more than 90 percent of the animals slaughtered for food, as well as rabbits, fish, and other animals habitually raised for human consumption.

Also excluded are animals HMSA killed in ritual slaughter to avoid unconstitutionally hindering the practice of religion under the First Amendment.

In addition, HMSA regulations forbid driving animals using anything that could injure them or cause unnecessary pain.  Livestock pens, driveways and ramps must also be constructed in such a way so as to prevent injury or pain to the animals.  There special provisions for the handling of non-ambulatory livestock (animals that cannot walk). For example, such animals must be separated from the others and provided with a covered pen while they await disposition. Conscious non-ambulatory animals may not be dragged, but rather must be moved in a humane manner.

HMSA has been ineffective at ensuring humane handling and slaughter due to lack of enforcement and the fact that slaughterhouses are not open to the general public.

State Laws

Individual states have their own animal cruelty statutes.  The majority of U.S. states expressly exempt farm animals, or certain farming practices from their anti-cruelty provisions, making it nearly impossible to provide even meager legal protections.  

The following states ban the use of gestation crates: Arizona, California, Colorado,  Florida, Maine, Michigan, Oregon, and Rhode Island.

The following states ban the use of veal crates: Arizona, California, Colorado, Maine, Michigan, and Rhode Island.

The following states ban cattle tail docking: California, Ohio, New Jersey, and Rhode Island.

The following states ban the use of battery cages: California, Michigan.

One state bans the sale of eggs from battery cage facilities: California.

The U.S. consists of 50 states.  How many more innocent animals need to suffer before new protective laws are passed?  How many more innocent animals need to suffer before the current laws become strictly enforced?

Our best weapon is our wallet.  Let’s STOP eating them.

How Laws Are Made in Canada

A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive.  Once a bill has been enacted into law, it is called an Act or a Statute.

A bill could have its origins in the House of Commons or the Senate.  It always starts its journey in the House in which it was introduced.  Most bills are introduced in the House of Commons.

Government Bills

Most government bills originate in the Cabinet, in which case they are referred to as as “government bills”.  Government bills are normally introduced in the House of Commons.

Private Members’ Bills

A Private Member’s bill is a bill introduced in the House of Commons by a member of parliament. The Speaker, Deputy Speaker, Ministers and Parliamentary Secretaries are ineligible by virtue of their offices.

A Private Member’s bill follows the same legislative process as a Government Bill, but the time allocated for its consideration is restricted.  Each sitting day, one hour is set aside for what is called Private Members’ Business; the consideration of bills presented by private Members.  Only 30 members become eligible, following a random draw.

All Canadian bills undergo the process below, in order to become law.

First Reading

This is a formality whereby the bill is introduced to the House.  The purpose of the first reading is simply to present the Bill for debate – it is tabled in the House and all members have a copy distributed to their office.  It is scheduled for debate at second reading (the timing and priority depends on whether it is a Government Bill or a Private Member’s Bill).

Second Reading

The main principle and purpose of the bill is debated.   At the end of the discussion, a vote is taken to approve the Bill.  If passed, the bill is then referred to a committee for further study.  If it does not pass, it dies.

Committee Stage

If the Bill passes, it will usually be sent to a committee where it is scrutinized in detail – line by line. At the committee stage, committee members hold hearings or special meetings where different people inside and outside government are asked to comment on the proposed bill.  The committee will call witnesses such as the Minister proposing the Bill, agents from the relevant department(s), experts in the field and interested parties.

Report

At the end of the review, the committee chair may recommend the Bill, recommend the Bill with amendments, or not recommend the Bill at all.  There is a debate in the House, followed by a vote on whether to adopt the committee’s report.

If the report is adopted, any amendments recommended by the committee will be automatically incorporated into the bill when it goes to third reading.

Third Reading

The bill in its final form is reprinted for the 3rd reading.  If the Bill is approved by the House at the Third Reading, it is sent to the second House (usually the Senate) for approval.

The second House engages in more or less the same process as described above (there are some procedural differences between the Senate and the House of Commons, but they aren’t important in a general overview).

Any amendments made by the second House must be agreed to by the first House or the bill does not become law.

If the Bill is passed by the second House unchanged, it is ready for Royal Assent If it is amended by the second House, it will have to go back to the first house to be approved again in its amended form (this doesn’t require another three readings – it is usually just done with a vote. However, if the amendments made in the second house are controversial, the Bill may be sent back to committee for further study.

Royal Assent

Once both houses have approved the Bill, royal assent is required for a bill to become law in Canada.  It is the final stage of the legislative process.  Once both the Senate and the House of Commons have passed the bill in exactly the same wording, it is submitted to the Governor General for Royal Assent (final approval).  It is the moment during the legislative process when the three constituent elements of Parliament (the House of Commons, the Senate and the Crown) come together to complete the law-making process.

When Does It Become Law

A bill becomes law on the date of Royal Assent, unless the bill itself states that it comes into force on some other day.  Different sections of a Bill can come into effect on different dates.  The most common way for a bill to come into force is by order in council. This means that the bill does not come into force until the Lieutenant Governor in Council (in other words, Cabinet) issues an order proclaiming the legislation into force.