Farming or Food Production: Related Articles

Authorsort ascending Article Name Summary
David J. Wolfson Beyond the Law: Agribusiness and the Systemic Abuse of Animals

This article describes the minimal state and federal laws relating to animals raised for food production, and outlines a path for reform.

David J. Wolfson BEYOND THE LAW: AGRIBUSINESS AND THE SYSTEMIC ABUSE OF ANIMALS RAISED FOR FOOD OR FOOD PRODUCTION Animals raised for food or food production in the United States are, in large part, excluded from legal protection against cruelty. This article describes the minimal state and federal laws relating to such animals and documents numerous recent amendments to state anticruelty statutes that have placed the definition of cruelty to farm animals in the hands of the farming community. Mr. Wolfson argues that these amendments contradict the historical purpose of anticruelty statutes originally enacted to protect farm animals. The article also contrasts this regressive legal development with progressive European legislation. Finally, Mr. Wolfson outlines a path for reform.
David J. Wolfson McLibel

McDonald's sued two defendants in England in 1991 for defamation and lost major portions of the case, including the issue of animal cruelty. Mr. Wolfson discusses the "McLibel" case in relation to cruel common farming practices, and explores the contradiction that common farming practices can be found to be cruel.

David J. Wolfson McLIBEL In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Wolfson discusses the background and holding of "McLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty laws in the United States. In addition, he explores the contradiction that McLibel exposes: the fact that a common farming practice can be found to be cruel in the view of a reasonable person while legal pursuant to an anti-cruelty statute.
Christen Wiser Detailed Discussion of Horse Slaughter for Human Consumption

The debate over horse slaughter is a composite of agricultural industry, animal welfare, constitutional, environmental, health, and regulatory concerns. Part II of this paper addresses the history of and cultural taboo ascribed to horsemeat consumption. Part III presents federal and state laws, administrative regulations and guidelines, major court cases, and proposed and pending legislation related to horse slaughter. Part IV describes associated issues, policy, and advocacy resulting from and effecting horse slaughter in the United States.

Christen Wiser Overview of Horse Slaughter for Human Consumption

This overview focuses on horsemeat for human consumption, with a special look at its status in the U.S. It details the expiration of the federal "ban" on horse slaughter that existed from 2007 to 2011. Recently, federal appropriations omitted the horsemeat inspection defunding provision, allowing the resumption of horse slaughter in the U.S.

Christen Wiser Brief Summary of Horsemeat for Human Consumption

This brief summary describes the history of horsemeat consumption, focusing specifically on the U.S. It analyzes the federal "ban" on horse slaughter that occurred in 2007 as a result of changes in federal appropriations. Recently, a change in appropriations brought the slaughter measure to the forefront. The legislative state of horse slaughter for human consumption remains uncertain.

Steven M. Wise An Argument for the Basic Legal Rights of Farmed Animals As legal things, nonhuman animals lack all legal rights and remain entirely the object of the rights held by us legal persons—that is, the beings with rights. Most legal protections for nonhuman animals remain indirect (mostly anti-cruelty statutes), enforceable only by public prosecutors. Even the Endangered Species Act requires a human plaintiff to have standing sufficient under Article III of the United States Constitution. It has become clear that no meaningful percentage of nonhuman animals will ever be treated well or fairly until they attain some minimum degree of legal personhood—that is, until they achieve some minimum level of fundamental legal rights. In his article, Steven M. Wise argues for the fundamental rights of nonhuman animals by relying upon bedrock principles of Western law: liberty and equality.
Rebecca F. Wisch Table of State Humane Slaughter Laws

This table presents an overview of state humane slaughter acts. It includes an examination of the legal methods of slaughter, religious/ritual exemptions, the animals covered, and the penalties for violation.

Amanda Winalski SHOCKED, HORRIFIED, SICKENED: HOW CIGARETTES (AND THE LESSONS FROM THE TOBACCO LITIGATION) CAN TAKE YEARS OFF ANIMAL-BASED FOOD INDUSTRIES Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current animal-based food industries. This Article, using the Hallmark slaughterhouse suit as a case study, illustrates how plaintiffs can deploy key strategies that prevailed against the tobacco industry—whistleblowing, fraud claims, government involvement in litigation, and identification of negatively impacted children. Finally, this Article outlines the potential developments that would deepen the parallels between the animal-based food and tobacco industries, suggesting conditions under which the litigation strategies used against the tobacco industry would become increasingly applicable and valuable.
Song Wei China Case Studies: 3. Bear Bile from Caged Moon Bears

This is a short case study about the issue of using caged bears to extract bile in China.

Song Wei China Case Studies: 5. Water Filled Meat

A case study from China about the practice of adding water to animals before they are sold, to increase weight.

Song Wei Traditional Chinese Culture Poses Difficulty For New Animal Welfare Laws

This article considers the present attitude of many Chinese toward animals and how it will pose difficulties for the adoption of new Animal Welfare laws.

Song Wei The Attitude Towards and Application of Animals in Traditional Chinese Culture

A comprehensive consideration of the role of animals in the cultural development of China,

Lindsay Vick CONFINED TO A PROCESS: THE PREEMPTIVE STRIKE OF LIVESTOCK CARE STANDARDS BOARDS IN FARM ANIMAL WELFARE REGULATION In recent years, livestock care standards boards have emerged as an innovative way for state agencies to regulate farm animal welfare. Far from improving farm animal welfare, however, these boards are frequently a way to codify existing industry standards. The Ohio Livestock Care Standards Board, for example, had a nominal mission to establish regulations governing the care and well-being of livestock and poultry. Other states have created similar mechanisms for regulating farm animal welfare. This Comment maintains that the Ohio Livestock Care Standards Board regulations merely codify the existing status quo on Ohio factory farms rather than improving the health and welfare of animals. This Comment also discusses the successes and failures of other livestock care standards boards. This Comment then considers ways that livestock care standards boards, or alternative methods, could improve farm animal welfare.
Bradley Varner Farm Fisheries: An Analysis of the Animal Welfare Concerns This paper outlines the lack of animal welfare standards in the farm fishery industry and argue the need to expand basic rights to these fish. The unethical treatment has flown under the radar of most animal activist groups. With the food market expanding, the conditions these fish are farmed in ways that lack any care for the welfare of the fish. Commercial fishing has been moved from the ocean into concrete holes across the country. Where there are a number or environmental and financial benefits to fish farms, the treatment of these fish certainly raise a number of ethical concerns. This paper will identify the conditions these fish are bred in, arguing for the development of regulations to control the housing of the fish and the slaughter process. Where the Animal Welfare Act is still trying to incorporate agricultural animals, including beef, swine, and chickens to its protections, very little attention is afforded to this sector of agriculture. New legislation has been put in place to regulate offshore farms, but it has yet to reach the fish farms found in places like Michigan and Ohio. This paper will argue that fish can experience pain and suffering, and legislation should be enacted to regulate the current conditions of these fishery farms.
Bradley Varner Brief Summary of Fish Farm Welfare Issues This brief summary explores the welfare concern on commercial fish farms.
Bradley Varner Overview of Welfare Concerns of Fish Farms This overview explains welfare issues surrounding commercial fish farms. It then suggests that fish, like other species, must have their basic needs met through recognizing the Five Freedoms.
David S. Turk Overview of Cattle Laws

Overview of cattle laws. Overview touches upon beef cattle, dairy cattle, veal cattle, labeling standards for cattle, cattle used in rodeos, and other commercial uses of cattle.

David S. Turk Biological Summary of Cattle

The following is a biological summary of cattle. The document quickly touches upon history, biology, and social nature of cattle. It also mentions housing used at dairy operations and lists definitions for selected terminology.

David S Turk Detailed Discussion of Cattle Laws

Detailed discussion of cattle laws. Discussion touches upon husbandry practices, dairy industry, veal industry, inspection of meat products, product labeling and marketing, grazing, and rodeos.

Laura E. Tsai Overview of Bear Farming and the Trade in Bear Bile

College-level overview of the practice of bear farming in Asian nations, as well as the international trade in bear bile. Discussion of the laws regulating hunting and trade.

Laura E. Tsai Brief Summary of Bear Farming and the Trade in Bear Bile

Brief summary of the practice of bear farming in Asian nations, as well as the problem of international trade in bear bile.

Laura E. Tsai Biological Information on the Asiatic Black Bear

Information on the physical characteristics, habitat, temperament, and mating and feeding patterns of the Asiatic black bear.

Laura E. Tsai Detailed Discussion of Bears Used in Traditional Chinese Medicine

Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.

Paige M. Tomaselli Detailed Discussion of International Comparative Animal Cruelty Laws

A detailed analysis of the differences and similarities between US, European Union, Swiss, Norwegian and German animal cruelty laws. The theories behind these differences are explored. Finally, possible and definite future reforms shed light on upcoming animal cruelty law.

Paige M. Tomaselli Overview of International Comparative Animal Cruelty Laws

Overview of the comparison between US animal cruelty laws and those in Europe. Specifically, laws of the US, EU, Germany, Norway and Switzerland are addressed. The comparison is based around companion animal and confinement farming laws, transportation and slaughter.

Sean P. Sullivan EMPOWERING MARKET REGULATION OF AGRICULTURAL ANIMAL WELFARE THROUGH PRODUCT LABELING In many Western nations, rising public concern about the welfare of agricultural animals is reflected in the adoption of direct regulatory standards governing the treatment of these animals. The United States has taken a different path, tending to rely on a “market-regulation” approach whereby consumers express their desire for specific welfare practices through their purchasing decisions. This Article explores the failure of market regulation and the welfare-preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who simultaneously fail to demand heightened welfare standards in practice. It argues that market regulation is failing in this country because current animal-welfare labeling does not clearly or credibly disclose to consumers the actual treatment of agricultural animals. As a corollary, effective market regulation of agricultural animal welfare could be empowered simply by improving current animal-welfare labeling practices.
Leana Stormont Detailed Discussion of Iowa Hog Farming Practices

This paper focuses on the practice of confinement farming of hogs, specifically examining those practices from the state of Iowa. In doing so, the paper outlines the problems associated with confinement farming of hogs, including manure storage, cruel practices, and zoning issues among others. It then concludes with a look at sustainable agriculture practices from the U.S. and Europe.

Leana E. Stormont Overview of Hog Farming in Iowa

This article describes the decline of family hog farming in Iowa and how farming has transitioned to an industrial model of swine production.

Leana E. Stormont Biological Information, Terminology and Hog Production Phases

The article contains general biological information about hogs, farming production phases and commonly used terminology.

Peter Stevenson, Daniela Battaglia, Carmen Bullon, Arianna Carita Review of animal welfare legislation in the beef, pork, and poultry industries This study aims to give an overview of the legal framework that applies to animal welfare in the EU and a group of non-EU countries. It focuses specifcally on beef cattle, pigs, broilers (the chickens reared for meat) and egg-laying hens while they are on the farm, in transit and at slaughter. Animal welfare standards of four international organizations, as well as a number of private standards established by major food businesses and animal welfare organizations are also analyzed.
Peter Stevenson European Union Legislation on the Welfare of Farm Animals

European Union (EU) law contains a range of helpful provisions designed to protect farm animals on-farm, during transport and at slaughter. The Treaty on the Functioning of the European Union recognises animals as “sentient beings” and requires the EU and its Member States, when formulating and implementing their policies in certain key areas to pay “full regard to the welfare requirements of animals”. EU law has prohibited some of the worst aspects of industrial livestock production: veal crates have been prohibited from 2007, barren battery cages for egg-laying hens from 2012 and sow stalls (gestation crates) are prohibited (except during the first four weeks of pregnancy) from 2013. This article describes and evaluates the above legislation and indicates the scientific research on which it is based. Nonetheless, EU law has to date only gone part way; substantial and far-reaching fresh legislation is needed before the EU can claim to have a body of law which properly ends the suffering inherent in industrial farming and legislates for a positive state of well-being for farm animals.

Daniel L. Sternberg Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment The purpose of this Note is to investigate this clash and analyze the constitutionality of the five Ag-Gag statutes that specifically target surreptitious investigative techniques. Part I provides an overview of these state Ag-Gag statutes enacted around the United States. Part II summarizes the first constitutional challenge to an Ag-Gag statute - Animal Legal Def. Fund v. Hebert, which is pending in the U.S. District Court for the District of Utah. Part III analyzes the constitutionality of the provisions of Ag-Gag statutes that (a) provide a cause of action for civil restitution for the actual and consequential damages resulting from a violation of the statutes; or (b) implicate third parties by triggering state criminal laws such as aiding and abetting or conspiracy. Finally, Part IV summarizes the author's conclusions about the extent to which the First Amendment shields journalists and newsgathering organizations from prosecution under an Ag-Gag statute.
Anastasia S. Stathopoulos You Are What Your Food Eats: How Regulation Of Factory Farm Conditions Could Improve Human Health And Animal Welfare Alike

Part I of this Note discusses the current conditions on factory farms, including the suffering endured by the animals, the unsanitary and crowded conditions, the unwholesome contents of animal feed, and the drugs regularly administered to the animals. Part II describes how those conditions pose significant health risks for humans who consume factory-farmed meat and dairy products, including threats of antibiotic resistance, bacterial infections, cancer, heart disease, animal-origin influenza, and mad cow disease. Finally, Part III proposes six specific on-farm regulations that could drastically reduce such risks and explores whether the proposed regulations could be enacted by the FDA under the existing regulatory scheme.

Elizabeth R. Springsteen A Proposal to Regulate Farm Animal Confinement in the United States and an Overview of Current and Proposed Laws on the Subject

This article will outline the farm animal confinement laws that have passed, the ones that have been brought in front of various legislatures but not passed, and give examples of the ones pending in front of state legislatures across the country. It will then discuss how animal agriculture can inform the public on these issues so that a regulatory system may be adopted that considers the health and welfare of the animals, but also allows for flexibility due to changing scientific developments and accepted animal husbandry practices.

Craig M Smith Detailed Discussion of Horse Related Legal Issues

This detailed discussion provides an overview of horse related legal issues, focusing primarily on horse slaughter, wild horses, and horse cruelty.

Craig M Smith Brief Summary of Horse Laws

This article provides a basic introduction to the various laws that deal with horses.

Erin Sheley "Live Animals": Towards Protection for Pets and Livestock in Contracts for Carriage

This article maps the current legal and logistical circumstances of animals in transportation, with a focus on commercial airlines and meat industry trucking practices, and proposes novel ways of utilizing the existing common law of contract adjudication to win stronger protections for such animals, even absent the fulfilled dream of statutory reform. In particular, it argues that courts should utilize two well-established doctrines of contractual interpretation--unconscionability and unenforceability as against public policy--to arrive at more humane results for animals.

Renada R. Rutmanis Detailed Discussion: The Rise of Ecoterrorism

This paper examines laws enacted in response to what some politicians see as a trend toward extremism in the name of protecting animals, Congress and several states have passed, or are currently considering passing, legislation setting harsher penalties for those involved in what has now been coined “ecoterrorism” or “agroterrorism.” This paper will examine some of the recently passed laws and legislation and the cases which have interpreted these laws. It will then analyze some of the constitutional issues raised by critics of the new legislation.

Matthew E. Rohrbaugh It's Eleven O'Clock, Do You Know Where Your Chicken Is? The Controversy Surrounding the National Animal Idenitifiaction System and Its Application to Small and Organic Farmers

Parts I and II track the history and development of the NAIS. Part III introduces the opposition of small and organic farmers to the NAIS, and Part IV explores that opposition. Part V explores legal challenges to the NAIS, and Part VI explores the policy challenges. Part VII examines the USDA's response to small and organic farmers' concerns with the NAIS. Finally, Part VIII suggests possible solutions to small and organic farmers' issues raised by the NAIS.

Sheila Rodriguez The Morally Informed Consumer: Examining Animal Welfare Claims on Egg Labels

Abstract: The labeling of shell eggs fails to reveal the inhumane conditions under which most laying hens are raised in the United States. Most of the eggs sold in major supermarkets come from factory farms. This article examines how the failure to regulate misleading animal welfare claims on egg labels creates a risk that consumers are buying products that they otherwise would not buy. This article explains why, from a moral and a legal standpoint, consumers should avoid purchasing most eggs.

Lesley A Peterson Overview of Fur Animals and Fur Production

This overview discusses laws concerning fur farming and the trapping of fur animals. It details the historical use of fur as well as an examination of the current international fur trade.

Lesley Peterson Talkin' ‘ Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It

Part I of this Note analyzes the U.S.'s trade obligations under the GATT. Part II discusses the potential ability of various GATT provisions to support a trade measure banning battery cage eggs. Part III discusses the U.S.'s potential ability to create such an animal welfare provision. while upholding its obligations in the Agreements annexed to the GATT. The Note concludes that an appropriately tailored animal welfare measure banning battery cages for hens should be able to survive under the GATT and its annexed agreements.

Rachel Pemberton Overview of Wildlife Services This overview describes the role and function of Wildlife Services within the USDA. It briefly outlines the creation of the agency as the body that administers the Animal Damage Act of 1931. The document then outlines the methods of control of livestock, including lethal and non-lethal methods. Concern over two particular methods of wildlife control - "denning" and use of M-44 cyanide capsules - are included and how animal welfare organizations have responded to the controversy. Finally, the paper concludes with a description of the progress several counties in California have made to control damage by wildlife without resorting to WS policy and control methods.
Rachel Pemberton Brief Summary of Wildlife Services This summary describes the role and function of Wildlife Services within the USDA. It describes management practices, both lethal and non-lethal as well as the concerns that have been raised with respect to WS methods.
Nicholas K. Pederson Overview of European Animal Welfare Laws: 2003 to Present

After much legislative activity in the 1990s, EU animal welfare initiatives have slowed in recent years. This article briefly discusses the reasons why by pointing to factors such as changing EU membership, costs, and fallout from extremist attacks. It then explores the possible future of the EU animal welfare movement.

Nicholas K. Pedersen Brief Summary of European Animal Welfare Laws: 2003 to Present

After much legislative activity in the 1990s, EU animal welfare initiatives have slowed in recent years. This article briefly discusses the reasons why by pointing to factors such as changing EU membership, costs, and fallout from extremist attacks. It then explores the possible future of the EU animal welfare movement.

Aurora Paulsen WELFARE IMPROVEMENTS FOR ORGANIC ANIMALS: CLOSING LOOPHOLES IN THE REGULATION OF ORGANIC ANIMAL HUSBANDRY

For many consumers, farm animal welfare matters. To ensure the well-being of farm animals, consumers often pay premium prices for animal products with humane labels. Because “organic” is an example of a label presumed to convey information about animal husbandry practices, animal products with this label may offer an alternative to products from animals that were raised “conventionally” on large, industrialized farms with minimal welfare protections. The Organic Foods Production Act of 1990 and enacting regulations require that organic animals be able to engage in natural behaviors. However, many of the requirements are general and thus result in significant variations in livestock living conditions, confounding consumer expectations of uniform organic production and high standards for organic farm animal welfare. This Comment discusses the background of organic regulations, including issues with their application in the areas of organic dairy and egg production. Next, this Comment analyzes aspects of organic regulations as applied to organic laying hens and organic pigs. Finally, this Comment suggests ways to make organic regulations more quantifiable and thus more enforceable so organic animals are able to engage in natural behaviors.

Kate Paulman See Spot Eat, See Spot Die: The Pet Food Recall Of 2007

This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic regulation as the primary reason behind the contamination and notes these inadequacies permitted pet food distributors and manufacturers to skirt responsibility during the recall. The comment highlights changes instituted in light of the recall and suggests further changes to the FDA and its regulations so that this heartbreaking situation can be avoided in the future.