The resumption of commercial horse slaughter in the United States was blocked on Friday, January 17, when President Obama signed a congressional budget bill that removed funding for USDA inspection of horse slaughter plants. This action on the part of Congress and the President effectively takes horse slaughter in this country off the table for now.

A similar federal budget measure passed in 2006 shuttered the industry in 2007. Money for federal inspections of horse meat was restored in 2011, and several proposed plants have received USDA permits. However, court orders in suits brought by animal rights activists and others have stopped any horse slaughter plants from opening.

The latest of these lawsuits is a suit in New Mexico state court brought by New Mexico Attorney General Gary King. King sued Valley Meat Co., a permit holder who wished to convert its former beef slaughterhouse into an equine processing plant, after the U.S. Court of Appeals for the 10th Circuit ruled that Valley Meat could commence slaughter operations. That suit is still pending. 

Blair Dunn, attorney for Valley Meat and another plant in Missouri, told news sources, “I don’t see them opening now. No matter what, they are not going to violate the law.” However, Dunn says Valley Meat will continue to wage a legal fight to convert its cattle processing plant to the slaughtering of horses.  According to Dunn, the federal move to withhold money for meat inspections could cause U.S. trade violations.  Valley Meat is also trying to disqualify Judge Matthew Wilson, the New Mexico district judge presiding over the state court suit, because of comments posted by horse slaughter opponents on a Facebook page for the judge’s election campaign.

Related Posts:

10th Circuit Allows Horse Slaughter Plants to Commence Operations

Humane Society, et al File Appeal after Federal Judge Dismisses Horse Slaughter Suit

Federal Court Blocks Horse Slaughter at Two Plants

The United States District Court of the Western District of Texas (Austin Division) recently held that Churchill Downs subsidiary website, Twinspires.com, is prohibited from accepting wagers from persons living in Texas.

Churchill Downs brought action against the Texas Racing Commission seeking a declaration that the Texas Racing Act’s in-person requirement, under which only a person inside the enclosure where a race meeting was authorized may wager on a race, violated the dormant Commerce Clause. The dormant Commerce Clause precludes states from enacting laws or regulations that excessively burden interstate commerce. 

The Texas Racing Commission is a state agency charged with enforcing the statutory and regulatory provisions of the Texas Racing Act. Churchill Downs moved for permanent injunction to prevent the Texas Racing Commission from enforcing the Act to prohibit Texans from placing wagers on Twinspires.com. The in-person requirement has been on the books in Texas since 1986.  Nevertheless, Twinspires.com continued to accept wagers from Texans through its website.

The court, Judge James R. Nowlin, presiding, found that the Act did not violate the dormant Commerce Clause and entered judgment for the Texas Racing Commission. With respect to the legitimate state interests furthered by the in-person requirement, Judge Nowlin remarked,

[E]very regulatory challenge that gambling has always posed to the state has been made that much more daunting by the advent of the internet. Gambling has always been addictive, but before the internet, at least the addicts had to go to the trouble of driving somewhere to place his bet. The internet allows the addict to get his fix 24/7/365, all without leaving the comfort of his own home . . . Along the same lines, underage patrons looking to get in on the action have always tried to evade detection with fake IDs and the like, but with the advent of the internet, all they need to place a bet is Dad’s credit card and date of birth . . . Finally, gambling—especially horse racing—has always attracted crooked individuals hoping to clean their money. With the advent of the internet, though, criminal elements are better able to hide behind the anonymity afforded by the computer screen.”

Churchill Downs has appealed this case to 5th Circuit Court of Appeals.

Case InformationChurchill Downs, Inc. v. Trout, No. 1:12-CV-00880-JRN, 2013 WL 5799694 (W.D. Texas Sept. 23, 2013).

Audrey White of the Texas Tribune authored this news story concerning the federal lawsuit over the Texas Puppy Mill Bill. The article reports that the Humane Society of the United States and the Texas Humane Legislation Network filed an amicus brief in the suit supporting the Bill.

The story contains a quote from a representative of the Humane Society’s Texas Branch, as well as some quotes from two breeders who are not involved in the lawsuit. Neither of the breeders quoted in the article expressed the due process concerns raised by the plaintiffs in the suit.

With respect to the plaintiffs, the article states, “calls to plaintiffs in the case were not immediately returned.”

Jim Smith, a cat breeder and one of the plaintiffs in the case, posted this response in the comments section of the online article this morning. According to Smith,

I am one of the plaintiffs in the Puppy Mill and Kitten Mill case. I was called by Ms. White and asked for comments, but I told her that because there was legal actions pending, I needed to clear things with my attorney first. He told me that there was no reason why I couldn’t address the issues, so I called Ms White back (several times), got no answer, and she never returned my call. I called her back within an hour or two of her call.

Mr. Smith went on to explain his due process concerns, saying,

There are several reasons why this is bad law. First and foremost, even a meth dealer or porn publisher is afforded more rights under Texas Law than a Kitten or Puppy Breeder. The law is written in such a way that agents from the Texas Department of Licensing and Regulations can enter my property, with or without me being present, enter my private residence, confiscate my computer, files or other property, or my animals simply on their own recognizance. They do not need a warrant, and there is no oversight by any actual law enforcement agency or court. Once they seize my animals or property, there is no appeals process developed for me to protest their actions. The TLDC can also employ "Third Party Inspectors", such as members of Animal Rights organizations to do these functions for it.

Smith also hinted that legislation of this nature could eventually effect the equine and ranching industries, stating,

HB 1451 is part of a nationwide push by animal rights organizations to deny us the ability to keep pets, have horses and ranching, rodeos and many other traditional Texas activities because it offends their vegetarian and vegan beliefs. It’s their attempt to enforce their personal and religious beliefs on the rest of us.

Horse breeders, what do you think of the new Puppy Mill Bill? I welcome you to post your thoughts and insights in the comments section to this post.

The constitutionality of the hotly-contested “Puppy Mill Bill” passed in the 2011 Texas Legislature has been challenged in a federal suit filed in Austin on October 1, 2012.  A copy of the complaint can be downloaded here.

The new law, commonly referred to as the “Puppy Mill Bill”, was passed as HB 1451 and codified as Chapter 802 of the Texas Occupations Code . The title given to the codified act is “The Dog and Cat Breeders Act”. As part of the Act, the Texas legislature charged the Texas Department of Licensing and Regulation with the task of creating a regulatory and licensing scheme for dog and cat breeders in Texas. The rules related to the Act are set forth in Title 16, Texas Administrative Code, Chapter 91.

The plaintiffs in this week’s suit challenging the Act and related rules include Responsible Pet Owners’ Association Texas Outreach Inc.; Teresa Arnett, a Boston Terrier breeder in Rosansky; Sharleen Pelzl, a cat breeder in Dripping Springs; and James Smith, a cat breeder in Georgetown. The plaintiffs are represented by Steven Thornton of the firm of Westerburg & Thornton, P.C. in Dallas.

Could horse breeders be the next target of "Puppy Mill Bill" type legislation?

Included among the plaintiffs’ complaints about the “Puppy Mill Bill” and related rules are the following:

·       The Act allows inspectors to enter breeders’ facilities without a warrant. 

·       The Act allows inspectors to enter the private residence of a breeder without first obtaining a warrant.

·       The Act exempts dogs bred primarily to be used for purposes such as herding livestock, hunting, field trials, and other performance events. But the Act does not give a reason for a disparate treatment of breeders of different types of dogs, nor does it specify whether it is the intent of the breeder or the end purchaser that controls the analysis.

·       The Rules allow applications for breeders’ licenses to be denied with no possibility of appeal.

·       The Rules related to licensure of breeders require the successful completion of a “criminal background check.” However, the Rules do not specify what constitutes successful completion.

Animal cruelty and animal neglect have been illegal in the state of Texas for a long time. Some question why Act was even necessary, while others view the Act as nothing more than a vehicle to allow rescue groups (with the help of the authorities) to enter property of others and seize animals without a warrant. I believe that if such regulations are allowed to stand, it is only a matter of time before the animal welfare lobby will push for similar regulations applicable to horse breeders.

DVM News Magazine and others have expressed reservations about the “unintended consequences” of “puppy mill laws” passed in other states.  And just this morning, some pure bred dogs were abandoned in a rural area near Flower Mound around 1:00 AM. Some have suggested that the “Puppy Mill Bill” is to blame because these new laws are so draconian that no commercial breeder is able to comply with them.

Updates will be posted as this case progresses.

Author’s Note: This post is purely editorial in nature. The views expressed in this post are 100% mine. I have not canvassed my clients or the other members of my firm to get their take on horse slaughter, nor do I intend to do so. My views are not necessarily the views of my clients, my firm, or the other lawyers who practice at my firm.

First off, I cannot express in words how much I detest the word “ban.” I dislike it so much that I wish Merriam-Webster would take it out of the dictionary. Why? Because “it ought to be banned!” has become the battle cry of the self-righteous busybodies, some of whom are multi-million dollar concerns, and others who are just individuals who have far too much spare time on their hands. The do-gooders who relish the phrase “it ought to be banned!” are known to meddle in other people’s business, usually with the goal of using our government to force their will upon us, their fellow citizens. 

Photo:  A horsemeat sandwich, as served by street vendors in Venice, Italy

Let’s for a moment put the word “ban” in perspective. Killing people is not “banned” in the United States. Our citizens may kill another person in self-defense. Police officers and members of our Armed Forces may kill people, and do so regularly. Similarly, the use and distribution of powerful, addictive narcotics is not “banned” in this country. Doctors administer and prescribe opioids and other powerful drugs daily. Yet some people think there out to be an outright “ban” on horse slaughter in this country. 

The road to Hell is paved with good intentions. That’s about where we’re headed if our federal government kowtows to the radical powerful anti-horse-slaughter lobby, and enacts an outright prohibition of horse slaughter.

Unintended Consequences of the Closure of the U.S. Plants

To generally summarize this June 2011 Government Accountability Office report, the horse market tanked after the closure of the U.S. horse slaughter plants in 2007. The GAO gave multiple reasons for the decline—including the drought and the economy, but the cessation of domestic slaughter was clearly indicated as a factor in the report. Veterinarians surveyed by the GAO reported that horse welfare declined across the board, with a 50% or greater increase in abandonment and neglect cases in some states. The nationwide capacity of horse rescue facilities is about 6,000 head of horses, and the vast majority of these are already full. Legislative prohibitions on using federal funds for inspecting horses prior to slaughter impede USDA’s and APHIS’s ability to oversee the transport and welfare of U.S. horses intended for slaughter. The number of horses shipped to Mexico and Canada for slaughter increased by 660% and 148%, respectively, after the closure of the slaughter plants. This resulted in total distance travelled by slaughter horses to increase by approximately 200 miles. Once a horse crosses the border into Canada or Mexico, APHIS no longer has authority to oversee their welfare, and our laws related to the humane slaughter of animals no longer apply.

While some anti-slaughter advocates place blame on market forces and irresponsible owners, PETA generally agrees with the GAO’s conclusion that horse suffering has increased due to the closure of the slaughter plants. But what is PETA’s answer? “Let’s ban horse slaughter…and let’s also ban the export of horses to other countries for slaughter!” There is certainly a lot of banning going on with this seemingly untenable position. 

Flawed Logic

I never understood why is it suddenly inhumane to slaughter a horse, but not other mammalian livestock such as a pig, cow, or sheep.  One reason opponents give is that horses are "pampered", and are used to being treated as pets.  Even if this were true of all horses, what of the FFA and 4-H show animals that go to slaughter each year?  There is no outcry to ban the slaughter of these animals.  Further, it is also puzzling to me that the majority of people who believe horse slaughter is barbaric support abortion in humans.

Fact: there is an unwanted horse problem in this country. There are simply some horses who are not adoptable—perhaps because they are dangerous, or perhaps because the cost to “repurpose” them and care for them throughout their life far outweighs their potential usefulness to humans. Some anti-horse-slaughter advocates outright deny the unwanted horse problem. They argue that virtually every horse is adoptable, and that the ones who are not adoptable should be euthanized by a veterinarian and disposed of properly.  Some statistics on the high cost of euthanasia and proper disposal have been published here.  In general, anti-slaughter advocates are short on pragmatic or realistic solutions to the unwanted horse problem.

If virtually all horses were adoptable, there would be no need for horse slaughter. The U.S. slaughtered approximately 105,000 horses in 2006, the last full year the Texas and Illinois plants were operational. See GAO report at 8. This is a manageable number, especially when you look at the amount of money that has been poured into the “horse slaughter ban” efforts. The Humane Society of the United States, which is just one of the many animal rights advocacy groups in this country, had approximately $150 million in revenue for 2010 alone. These numbers, on their face, seem to indicate that the HSUS could have, possibly single-handedly, rehomed those horses that were adoptable, and caused those that were not adoptable to be euthanized and properly disposed of. Meanwhile, the HSUS has paid lawyers and lobbyists untold amounts to promote its political agendas such as a federal ban on horse slaughter and horse export for slaughter.  

According to this HSUS publication, horse slaughter was costly to taxpayers. But even if the slaughter companies paid all costs associated with horse slaughter through a fee-for-service program or the like, HSUS says it should still be banned. But the HSUS has not published estimated figures on what it would cost our taxpayers to enforce their proposed ban on the export of horses for slaughter. It is common knowledge that we cannot even control the movement of illegal immigrants or illegal drugs across our borders, and we’re spending millions of taxpayer dollars on those efforts. Also, the HSUS is silent on the amount of domestic revenue and jobs that were lost when the slaughterhouses shut their doors.

Obstacles to Re-Implementation of Horse Slaughter in the U.S.

If I were an investor looking to put up the capital to build a new horse slaughterhouse in this country, I would first determine solutions to the serious economic and political hurdles currently facing this industry in the United States. Namely,

·       New European Union regulations that will become effective on July 31, 2013 will require all non-EU countries to provide lifetime medication records for all horses entering the EU food chain. Furthermore, horses that have been given certain commonly-used drugs, such as phenylbutazone, must be excluded from the EU food chain.

·       The threat of domestic terrorism on the slaughter facilities by animal rights activists. If you do not believe this problem exists, a federal law was enacted to address the issue.

·       The possibility of future legislative changes that may directly or indirectly hinder operations. The federal government has already pulled the rug out from under the slaughterhouses once. There’s no telling whether they’ll do it again.

·       The ever-presence of the shrill, combative, mostly female anti-slaughter advocates who will stop at nothing to turn public opinion against the slaughterhouses, no matter where they decide to set up shop. If you do not believe these women exist, I urge you to do a Google search for “horse slaughter”, or check out some of the comments to this previous post.  While the presence of these "hecklers" is really nothing more than an annoyance, the unwitting or naive in local communities sometimes give in to them—if for no other reason than to shut them up.

Conclusion

If the European Union no longer wants our horsemeat, and the Asian or South American demand is not enough to sustain the industry, the free market economy will bring an end to horse slaughter. The anti-slaughter advocates agree—indeed, this is the only real economic issue they have latched onto. But if this is something that will go away on its own, why do we need a ban? Your guess is as good as mine. I would think that given the amount of money and time the anti-slaughter camp has spent to bring about anti-slaughter legislation, they can’t stop now. It would be unthinkable to them that they threw away millions trying to force their will upon us, instead of using their time and money to save the adoptable horses that either died of neglect or were inhumanely butchered in Mexico as a result of their efforts.

It is a myth that horse suffering has decreased now that slaughter is no longer an option. I applaud organizations such as the self-sustaining equine sanctuaries and rescues, veterinary associations, and the Unwanted Horse Coalition for doing what they can to reduce the amount of unwanted horses. If we want to improve horse welfare, we should be spending our time and money helping these organizations help horses—not on political agendas. 

And if we must regulate the industry, let’s keep regulating horse transportation and institute methods of humane slaughter such as those proposed by Temple Grandin for the cattle industry. But we can only control how horses are treated as long as we allow them to be slaughtered within our borders.

Jane Smiley, contributor to the New York Times Horse Racing Blog, may have put it best when she said:  

We must recognize that there is a market for horse meat (not only for human consumption, but also for zoo and circus-animal consumption) and that in a starving world, a source of protein should not go to waste for sentimental reasons. It is sentimentality that has resulted in profounder cruelty to our horses – because we don’t accept that they are animals and have a utilitarian purpose, we hide from what happens to them, and so what happens to them happens in secret.

Related Posts

Current Status of Federal Laws Affecting Horse Slaughter

Legal Background of Horse Slaughter in Texas

I have been working on a post outlining my personal stance on whether horse slaughter should be resumed in the United States. Last week, we discussed the legal history of horse slaughter in Texas. To provide a more complete backdrop for my upcoming post, I am providing for you this week a summary of federal laws addressing horse slaughter.  For as the old cliché goes, you can’t know where you are going until you know where you have been. 

Starting in Fiscal Year 2006, Congress included language in annual appropriations bills that prohibited the use of federal funds for inspection by the U.S. Department of Agriculture for horses in transit to slaughter and at slaughter facilities. At that time, the three remaining U.S. slaughterhouses included Dallas Crown, Inc. in Kaufman, Texas, Beltex Corporation in Fort Worth, Texas, and Cavel International, Inc. in DeKalb, Illinois. These facilities stayed open by paying for these inspections under a voluntary fee-for-service program implemented by USDA in February 2006.

Photo:  A plate of horse sashimi, as served at restaurants in Japan.

In 2007, Dallas Crown and Beltex shut down their operations in Texas due to a decision of the 5th Circuit Court of Appeals delivered in January of that year. See this post for details.

Utilizing the USDA fee-for-service program, Cavel continued its operations in Illinois for a few more months in 2007 until the following things happened: 1) in March 2007, a federal district court determined that it is illegal for slaughterhouses to pay the USDA for horsemeat inspections; 2) in September 2007, the 7th Circuit Court of Appeals upheld an Illinois law prohibiting slaughter of horses for human consumption. This essentially shut down the industry in the US, because meat cannot be sold for human consumption without being inspected.

From Fiscal Year 2008 to Fiscal Year 2011, Congress included a prohibition on the use of federal funds for implementation of the fee-for-service program in each annual Agricultural Appropriations Bill. 

In 2011, the Government Accountability Office issued this report detailing some of the negative consequences caused by the closure of the slaughter plants. Shortly thereafter, Congress removed its prohibition on the use of federal funds to inspect horses at slaughter for Fiscal Year 2012. 

Since last year, new horse slaughterhouses have been proposed in New Mexico, Missouri and Oregon, and laws that would permit them to be built more easily have been proposed in Montana, North Dakota, and Wyoming.

In June 2012, an amendment to the Fiscal Year 2013 Agricultural Appropriations Bill passed the Appropriations Committee. This amendment seeks to expressly eliminate federal funding for USDA inspections of horse slaughter facilities for Fiscal Year 2013. The bill as amended must now be approved by the full House and then go to the Senate.

Although the domestic slaughter of horses for human food has stopped for the time being, USDA’s Slaughter Horse Transport Program continues to operate. Established in 2001, the program is intended to ensure that horses travelling to slaughter are fit to travel and handled humanely en route. Among other things, the program collects and reviews shipping documents and inspects rigs used to transport these horses. Prior to 2012, because of the prohibition on using federal funds for inspecting horses transported to slaughter, the transport program was not able to inspect the condition of horses designated for slaughter during their transport. I have not yet been able to locate any data suggesting that this has changed due to the absence of the funding prohibition in the 2012 Appropriations Bill.  

Did you know that horse slaughter for human consumption has technically been illegal in the State of Texas from 1949 to the present? The laws surrounding horse slaughter in the United States are complicated, and they vary from state to state. Below is an overview of the legal history of horse slaughter in Texas, from 1949 to present.

Photo:  Silhouette of a horse before a North Texas sunset

1949: 51st Texas Legislature passes a law that makes it a criminal offense for a person to 1) sell horsemeat as food for human consumption; 2) possess horsemeat intending to sell it as food for human consumption; and 3) transfer horsemeat to a person who intends to sell it as food for human consumption or who knows or reasonably should know that the person receiving the horsemeat intends to sell it as food for human consumption. See Article 719e of Vernon’s Texas Penal Code (now repealed). The 51st Legislature placed jurisdiction to investigate within the Board of Health’s powers as a matter related to the public health. However, Article 719e did not expressly authorize any particular entity to enforce the law.

1950: A news article quotes the “state health officer,” Dr. George W. Cox, as stating that the Department of Health was prosecuting “every violator we could find.” Health Officer Tells How to Stop Horse Meat Sales, Dallas Morning News, Mar. 17, 1950.

1952: Another news article quotes the same Dr. Cox, “state health officer”, as saying that sausage containing horsemeat “can’t be sold in Texas”. Neigh? Nay! Texans Can’t Horse Around with Sausage, Dallas Morning News, May 23, 1952.

1973The substance of Article 719e was transferred to Texas Revised Civil Statutes and again placed with statutes related to public health. It was not substantively changed.

Mid 1970’s: Horse slaughter companies Beltex (Fort Worth, Texas) and Dallas Crown (Kaufman, Texas) began marketing and processing horse-meat intended for human consumption in foreign countries. 

1991The statute prohibiting horse slaughter was codified as Chapter 149 of the Texas Agriculture Code (where it resides today). It was not substantively changed. Nothing in the current statute expressly authorizes any entity or agency to enforce the law.

2002: Texas State Representative Tony Goolsby requested that the Texas Attorney General clarify the enforceability of Chapter 149, which on its face prohibits the processing, sale or transfer of horsemeat for human consumption. AG John Cornyn issued this opinion, stating that Chapter 149 is applicable to the slaughterhouses in Texas and was not preempted by federal law. According to the opinion, Texas Department of Agriculture has no authority to investigate or assist in prosecuting violations of Chapter 149, but local prosecutors may investigate and prosecute alleged violations of Chapter 149.

2007: When the slaughterhouses learned of the 2002 AG opinion, and that Beltex and Dallas Crown were facing imminent prosecution, they brought a case in the United States District Court for the Northern District of Texas, seeking a declaration of legal rights and responsibilities and to enjoin any potential prosecution of them under Chapter 149. The slaughterhouses generally asserted that Chapter 149 had been implicitly repealed and/or it was preempted by federal law. The trial court permanently enjoined the state from prosecuting the slaughterhouses under Chapter 149. On appeal, the 5th Circuit Court of Appeals vacated the trial court’s judgment and injunction in favor of the slaughterhouses, finding that Chapter 149 had not been repealed, was not preempted by federal law, and that it did apply to the slaughterhouses. See Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Curry, 476 F.3d 326 (5th Cir. 2007). As a result of this decision, Beltex and Dallas Crown shut down their operations in Texas.

2008: Attorney General Greg Abbott issued this opinion, stating that it is illegal under Chapter 149 for a foreign corporation to transport horsemeat for human consumption in-bond through Texas for immediate export to foreign destinations. Abbott made clear that neither federal law nor the U.S. Constitution invalidated this application of Chapter 149.

July 2012:  As discussed in this prior post, the Texas Senate Committee on Agricultural and Rural Affairs met to hear testimony on the economic impact of the closure of Texas’s slaughterhouses.  According to this news story, some believe that a repeal of Chapter 149 could be on the table next legislative session.

Unless Chapter 149 is repealed or revised, horse slaughter remains illegal in Texas—though it can ostensibly be carried out in other U.S. jurisdictions barring the passage of any federal law that directly or indirectly prohibits it. Whether U.S. horse slaughter, in my opinion, remains a viable option from a legal prospective will be the topic of an upcoming post.

The Texas Senate Committee on Agriculture and Rural Affairs met this Tuesday to discuss, among other things, the impact of to the closure of horse slaughter facilities on the agricultural sector of the Texas economy. A copy of the meeting notice can be downloaded here.

The Committee heard both invited and public testimony on the issue of whether or not horse slaughter should be resumed in Texas. 

Texas Capitol Building at Austin, Texas

Included among those who gave testimony were:

  • A representative of the Humane Society of the United States;

I viewed part of the meeting from my office via the live streaming video recording (an archive of which can be viewed on this page). There was a full house in attendance. Many attendees showed up to state their opposition to horse slaughter due to their belief that the process is inherently inhumane. Their general response to the economic issues was that people should be breeding fewer horses, and that irresponsible breeders and owners are at fault for the unwanted horse problem. 

The horse industry groups generally presented evidence indicating the negative economic impact that the closure of the slaughter plants has had on the industry. The horse industry groups also presented studies evidencing the increased suffering of horses caused by the closure of the slaughter plants due to neglect and transport to Mexico for slaughter.

The veterinary associations’ general stance on this issue is as follows:  Horse processing is not the ideal solution for addressing the large number of unwanted horses in the U.S.  However, if a horse owner is unable or unwilling to provide humane care and no one is able to assume the responsibility, euthanasia at a processing facility in a manner designated as humane by the American Veterinary Medical Association is an acceptable alternative to a life of suffering, inadequate care or abandonment.

I think it is a good sign that our Senate was interested in hearing testimony from knowledgeable individuals and groups on this very important issue. 

As of this week, a New Jersey bill prohibiting the slaughter of horses for human consumption has passed both houses of the New Jersey Legislature. If Governor Chris Christie signs the bill, New Jersey will become the fifth state to proscribe horse processing within its borders. California, Texas, Oklahoma, and Illinois have enacted legislation prohibiting horse processing in those states.

As discussed this prior post, there is no longer any federal law prohibiting the funding of USDA inspections for horse slaughter plants. This, in essence, created the opportunity for horse slaughter plants to re-open in states that have not passed laws prohibiting the practice.  However, that could change next year. 

An amendment to the Fiscal Year 2013 Agricultural Appropriations Bill passed the full Appropriations Committee this week. The amendment—introduced this month by Congressman Jim Moran (D-VA)—seeks to expressly eliminate federal funding for USDA inspections of horse slaughter facilities. The bill must now be approved by the full House and then go to the Senate.

Moran had introduced similar language during the debate over the 2012 Agricultural Appropriations Bill. Though the version of the bill including the language was adopted in the House, it was later removed shortly before the 2012 bill became law.

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Last Friday, for the fourth or fifth time, I attended the annual Animal Law Institute.  The Institute is a CLE program put on by Animal Law Section of the State Bar of Texas.  It moves around each year, but this year it was at Texas Wesleyan School of Law here in Fort Worth.

You may be wondering, “what is animal law, and is equine law a part of animal law?” I have been practicing equine law for years, and I still don’t really know the answer. According to Wikipedia,

animal law is a combination of statutory and case law in which the nature—legal, social or biological—of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and research. The emerging field of animal law is often analogized to the environmental law movement 30 years ago.

Most of the speakers at the Institutes I have attended in the past have seemed to generally focus on 1) animal rights/welfare issues; and 2) issues related to animal rescues and public shelters. 

My equine law practice, by way of contrast, is primarily focused on business issues. That said, I have advised several equine-related 501(c)(3) nonprofit organizations.

Rick and I at Will Rogers Equestrian Center with two of our animals. 

This year’s Institute covered a lot of animal welfare/rights issues, but it also added an overview of equine law by Dawn Reveley, and another presentation on vet malpractice defense into the mix.   Below is a recap:

  • Will Potter, a journalist from Washington, DC, discussed the Animal Enterprise Terrorism Act. This is a 2006 federal law with which I was not previously familiar. According to Potter, the law was pushed by animal industry groups and corporations to target animal rights protestors by labeling their activities as "terrorism".  Read more about it on Will Potter’s blog, Green is the New Red. To loosely quote Potter’s [very sound] advice to would-be animal rights protestors: “Come up with a plan and get organized before you stage your protest, so people won’t think you’re crazy!” 
  • Don Feare, an attorney from Arlington, Texas, shared some excellent information for attorneys who represent animal rescue groups. Some main points include (equine nonprofits, listen up!) 1) animal welfare groups should incorporate as a nonprofit corporation to limit liability; 2) liability insurance is a necessity, especially if the organization is doing public adoption events; and 3) adoption contracts should make clear when title to the animal passes to the new owner and should be signed by all adult members of the household at which the animal is being placed.
  • Scott Heiser, a Portland-based attorney with the Animal Legal Defense Fund, talked about how his nonprofit organization helps local prosecutors win animal cruelty cases (both through financing and by helping try cases). Heiser discussed the “business records” exception to the hearsay rule, as it applies to veterinary reports in criminal animal abuse cases. In general, vet reports are not admissible in lieu of testimony under the business records exception if the vet report was “prepared specifically for use at trial.”
  • Nicole Paquette, Texas Senior State Director with the Humane Society of the United States (HSUS) in Washington, DC, covered the new laws from 2011 Texas Legislature that the HSUS believes benefit animals. These bills include 1) HB 1451, the “Puppy Mill Bill”–requiring licensing and inspection of dog and cat breeders who maintain 11 or more female breeding animals; 2) HB 1103–“Responsible Pet Owner Classes” required for convicted animal abusers; and 3) HB 2471–the “Good Animal Samaritan Bill”, which limits civil liability of people who render aid to an injured or distressed animal.
  • Dr. Don Ferrill (remember him from this post?) talked about how to successfully defend veterinarians in malpractice and negligence cases. His advice to plaintiffs: “Always pay your vet bill before you sue your vet.”

Watch this website for information on next year’s Animal Law Institute.