CRIMES WITHOUT CONSEQUENCES - gpvec

federal humane slaughter laW
In 1996, Congress approved legislation to allow the USDA to issue guidelines for the
regulation of the commercial transportation of equines for slaughter. 76 A section was
added to the humane slaughter law in 2002 to address practices involving non-ambulatory
animals. This amendment (7 U.S.C. 1907) directed the Secretary of Agriculture to
investigate and submit a report to Congress on the scope, causes and treatment of nonambulatory
(or “downed”) animals. If determined to be necessary, the Secretary is to
“promulgate regulations to provide for the humane treatment, handling, and disposition
of nonambulatory livestock by stockyards, market agencies, and dealers.” 77 A resolution
as part of the 2002 farm bill was also passed, expressing the desire that the Secretary of
Agriculture fully enforce the humane slaughter law and continue tracking violations and
report those data and relevant trends annually to Congress. 78
4.1 Species covered
The 1958 humane slaughter law requires pre-slaughter stunning of “cattle, calves,
horses, mules, sheep, swine, and other livestock” (emphasis added). However, the 1978
amendments to the Federal Meat Inspection Act reference “cattle, sheep, swine, goats,
horses, mules, or other equine” with no mention of other livestock. The USDA has not
promulgated regulations to cover any additional species, with the exception of exotic
animals, defined as reindeer, elk, deer, antelope, bison and water buffalo. Stunning
of these animals must be performed in accordance with the federal humane slaughter
regulations, but only if the slaughter establishment wishes to market its products as being
government (federal or state) inspected. At present, federal food inspection is not required
for the slaughter of exotic animals except under a voluntary program. 79
In 1999, the USDA Meat and Poultry Advisory Committee submitted a concept paper
on extending USDA inspection to additional species. The goal of expanding coverage
to other species was stated to be to “ensure that animal flesh foods, commercially
slaughtered or processed for human consumption, are federally- or state-inspected for
safety and wholesomeness.” 80 In 2001, Congress provided that the slaughter of ratites
and squabs be subject to the ante-mortem and post-mortem requirements of the Poultry
Products Inspection Act. 81 While extending USDA inspection to other species does not
place these animals under the protection of the humane slaughter law, it would allow for
an enforcement mechanism should Congress or the USDA decide to amend the law or its
regulations to cover additional species.
76 P.L. 104-127, title IX, subtitle A, April 4, 1996, 110 Stat. 1184.
77 P.L. 107-171, title X, Sec. 10815, May 13, 2002, 116 Stat. 532.
78 P.L. 107-171, title X, Sec. 10305, May 13, 2002, 116 Stat. 493.
79 9 CFR 352.10. Individual states have covered some “exotic” animals under their humane slaughter laws (see
Section 7.1).
80 USDA-FSIS, Office of Policy, Program Development and Evaluation, Concept paper on extending USDA’s
inspection program to additional species (discussion draft), October 1999. (http://www.fsis.usda.gov/OPPDE/
NACMPI/May2000/Concept_Paper_Attch1.html)
81 USDA-FSIS, Attachment to FSIS constituent update (Ratite and squab mandatory inspection), April 20, 2001.
(http://www.fsis.usda.gov/oa/update/042001att3.htm) Moving in the opposite direction of less oversight, in
2007 Congress approved as part of the Agricultural Viability Act of 2007 the sale of up to 1,000 farm-raised and
farm-slaughtered chickens or turkeys without USDA inspection. See Pasanen M, Small farms can sell chickens
locally without USDA inspection, Burlington Free Press, August 21, 2007.
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