A battle between the pork industry and the state of California will soon make national news as the U.S.
“„In effect, the district court reasoned that states may ban the slaughter of certain species, but once a state allows a species to be slaughtered, it cannot impose further restrictions. Hogwash.
“„States aren’t limited to excluding animals from slaughter on a species-wide basis. What if a state wanted to ban the slaughter of a specific breed of pig but not the entire species? Or to allow wild dogs and horses to be slaughtered, but not domesticated companions? And what if, in response to a population problem, a state only banned the slaughter of female cattle? Or, perhaps due to ethical concerns, prohibited the slaughter of pregnant or newborn animals, or the slaughter of non-free-range animals? Regulating what kinds of animals may be slaughtered calls for a host of practical, moral and public health judgments that go far beyond those made in the [Federal Meat Inspection Act]. These are the kinds of judgments reserved to the states … Federal law regulates the meat inspection process; states are free to decide which animals may be turned into meat.
“„A number of hogs delivered to this California facility become nonambulatory during transit, and approximately 225 per day become nonambulatory while awaiting slaughter. For hogs, this symptom (being nonambulatory) is usually temporary and happens for a variety of reasons, most of which are benign. Some hogs become stressed or fatigued during transit and, therefore, cannot or will not stand or walk upon arrival. Others become unable to do so, or refuse to do so, only after being removed from the truck and while awaiting slaughter. As required by the regulations … these hogs are separated and held for inspection. The vast majority of nonambulatory pigs are merely overheated, stressed, fatigued, or stubborn and, if allowed to rest, will stand and walk unassisted. Those pigs are routinely passed by the inspectors for slaughter and human consumption. Others, however, are actually sick or diseased, and are removed from the food supply.
“„The federal ante-mortem inspection regime thus protects both the animal industry and human health by preventing or limiting the spread of disease and keeping diseased animals out of the food supply, while at the same time allowing those animals passing inspection to be humanely use for the purpose for which they were raised, as food for human consumption.
“„Most pigs who go down do so for reasons that begin long before the animals arrive at the slaughter facility. As one industry article explained, “[t]he packer is at the mercy of the pigs’ experiences prior to arriving at the plant.” The so-called “fatigued pig syndrome” is a convenient label invented by the industry to justify the number of animals who become nonambulatory for reasons the industry cannot or does not want to explain — likely due to factors of mass production, grueling long-distance transport, and injury that the industry has freely chosen to make an integral part of the business of turning pigs into meat. The best scientific article on the subject concluded in 2008 that nonambulatory pigs suffer from a laundry list of physical and systemic problems, including bone injury; painful foot and leg problems; respiratory, kidney and liver disease and dysfunction; and infection.
“„Federal regulations require that nonambulatory pigs be segregated, but they do not usually become nonambulatory in convenient locations where they can be given food or water and allowed to rest in place. And slaughterhouse personnel who want to move a 300-pound nonambulatory pig, either to slaughter or to a segregated area to “rest,” have simple choices. They can induce the pig to walk by applying pain and/or brute force in some form. And they can push, drag or otherwise maneuver her using heavy machinery.
“„As members of Congress explained when debate proposed legislation in 2001, “[t]hese animals, known as downers, suffer beyond belief as they are kicked, dragged, and prodded with electric shocks in an effort to move them at auctions and intermediate markets en route to slaughter.” (statement of Rep. Ackerman) “It is practically impossible to move these animals humanely, so they are commonly dragged with chains and pushed around with tractors and fork lifts.” (statement of Rep. Morella) “[H]umane euthanasia is the only reasonable solution. It is civilized to oppose needless animal cruelty and inexcusable to allow it to continue.” (statement of Rep. Kelly)