Livestock treatment debated at Supreme Court
Posted by Labels: Animal Rights, Cattle and Livestock, Law, USA
A state law mandating "humane treatment" of downed livestock headed for the slaughterhouse was viewed with a good measure of concern by the Supreme Court on Wednesday.
At issue is whether federal regulations dealing with inspection of domesticated animals about to be killed, processed and sold for human consumption preempt -- or nullify -- California Penal Code 599f.
Several justices noted the good intentions behind the state action, but a majority of the bench expressed concern that it may have gone too far into the traditional federal arena.
"So when the federal law says you can" sometimes sell the meat of downed animals, Chief Justice John Roberts said, "that preempts the rule from the states that says you can't."
The state law became effective in 2009, following shocking undercover video released by the Humane Society. Slaughterhouse workers in San Bernardino County outside Los Angeles were shown dragging, prodding and bulldozing weak, "non-ambulatory" cows into slaughter pens. Water from hoses was used on some cattle lying on their sides, to force them to their feet.
Penal Code 599f would require meat processors to immediately remove downed animals and "humanely" euthanize them. And the sale, purchase or shipment of such animals would be criminally prohibited.
The long-standing Federal Meat Inspection Act also requires animals lying down to be removed but gives discretion to federal inspectors to determine whether the livestock can recover sufficiently and become fit for slaughter and human consumption. That law expressly prohibits any state regulation "in addition to or different from" the federal requirements. It includes cattle, pigs, sheep and goats.
The Supreme Court has long ruled that interstate commerce is under federal jurisdiction, trumping any state efforts to regulate it.
The current case was brought by a meat trade group on behalf of pig farmers in California. The Obama administration is siding with pork producers, a move criticized by a number of animal rights groups.
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