Tue Jan 24, 2012, 01:12 AM
sad sally (2,627 posts)
Supreme Court says no to California's prohibition to the slaughter of non-ambulatory pigs,
sheep, goats or cattle. No humane euthaniza afforded non-ambulatory slaughterhouse animals.
Supreme Court: Federal Meat Inspection Act preempts California's slaughter ban
By Michael Doyle | McClatchy Newspapers
WASHINGTON _ The Supreme Court on Monday struck down California’s ban on the slaughter of downed swine, saying the state law strayed too far into federal territory.
In a case closely watched by other states as well as the multibillion-dollar livestock industry, the court unanimously ruled that longstanding federal law pre-empted California’s 2008 measure.
“The California law runs smack into the (federal) regulations,” Justice Elena Kagan wrote for the court. Kagan’s 14-page decision emphasized that the Federal Meat Inspection Act covers a “broad range of activities at slaughterhouses” and that it “expressly” pre-empts the state law.
The California law in question prohibits the slaughter of non-ambulatory pigs, sheep, goats or cattle. These are animals that can't walk because of disease, injury or other causes. The state law further requires that the downed animals be euthanized.
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Supreme Court says no to California's prohibition to the slaughter of non-ambulatory pigs, (Original post)
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Response to jody (Reply #2)
Tue Jan 24, 2012, 02:46 PM
happyslug (13,228 posts)
5. Only if permitted by FEDERAL LAW and it is NOT.
Note, this case did NOT say the law was bad, but that it is an attempt to impose a STATE REGULATION where the Federal Government has said it was EXCLUSIVE REGULATORY Rights,
This is the same rationale people are using to undo the immigration restrictions imposed by various states, That immigration is a FEDERAL AREA OF CONCERN and thus the States can NOT entered that area UNLESS the Federal Governments permits them.
In this case the Federal Congress gave EXCLUSIVE control over meat handling to the USDA( United States Department of Agriculture) and it is clear that Congress did NOT give the State any rights in this area of the law. Since federal law forbids the use of Road Kills your comment is irrelevant, for the use of Road Kills are already illegal by FEDERAL LAW.
This can be seen in the opinion:
In 2008, the Humane Society of the United States released an undercover video showing workers at a slaughterhouse in California dragging, kicking, and electroshocking sick and disabled cows in an effort to move them. The video led the Federal Government to institute the largest beef recall in U. S. history in order to prevent consumption of meat from diseased animals.
In conclusion of the opinion Justice Kagan writes:
The FMIA regulates slaughterhouses’ handling and treatment of nonambulatory pigs from the moment of their delivery through the end of the meat production process. California’s §599f endeavors to regulate the same thing, at the same time, in the same place—except by imposing different requirements. The FMIA expressly preempts such a state law. Accordingly, we reverse the judgment of the Ninth Circuit, and remand this case for further proceedings consistent with this opinion
Response to happyslug (Reply #5)
Tue Jan 24, 2012, 05:01 PM
sad sally (2,627 posts)
7. The lawsuit was filed by the pork producers - who say this is a victory for them
Federal law is about the safety - disease-free non-ambulatory meat.
I guess when people see no problem with prodding a non-ambulatory animal to stand, no matter how inhumane or painful for the animal, the SC is right. People can close their eyes and believe that the bellowing and crying of animals is not pain or that it's okay since the federal law says the non-walking animal is disease-free, but (imo) that doesn't make it right. The California law was an attempt to stop this practice.
Once again, money won; a teachable moment for humane treatment of non-humans lost.
California’s law was particularly important to the handling of downed pigs because they are the least protected by the federal government. In fact the lawsuit was brought on behalf of California pig farmers.
The federal law allows a downed pig to be slaughtered if a veterinarian or federal inspector determines it is free of disease. The animal can then be forced onto its feet and taken to be killed. HSUS statistics show that 44,000 of the 100 million hogs brought to slaughter each year are unable to walk.
Pork producers say the animals are “overheated, fatigued or stubborn,” and most are back on their feet soon after arriving at a slaughter facility.
Wayne Pacelle, president of the HSUS gave the following statement about the Supreme Court’s ruling:
“This is a deeply troubling decision, preventing a wide range of actions by the states to protect animals and consumers from reckless practices by the meat industry, including the mishandling and slaughter of animals too sick or injured to walk. The fact is, Congress and the USDA have been in the grip of the agribusiness lobby for decades, and that’s why our federal animal handling and food safety laws are so anemic. California tried to protect its citizens and the animals at slaughterhouses from acute and extreme abuses, but its effort was cannibalized by the federal government.”
Read more: http://www.care2.com/causes/supreme-court-overturns-california-ban-on-slaughtering-downed-animals.html#ixzz1kPlYDNqC?du