Farming or Food Production: Related Statutes
|Statute by category||Citation||Summary|
|AK - Elephants - Article 1. Buffalo, Musk Oxen, Elk, and Elephants||AS § 16.40.010 - 060||
This section of Alaska laws concerns the disposition of surplus buffalo and musk oxen as well as the requirements for obtaining a permit for elephants. An elephant permit may be issued only to a person who intends to exhibit the animal commercially; possesses facilities to maintain the animal under positive control and humane conditions; and maintains personal injury and property damage insurance in an amount established by the commissioner.
|AL - Horsemeat - 2-17-15. Sale, offer for sale, transportation, etc., of carcasses, etc., of horses, mules, etc., not marked, l||Ala.Code 1975 § 2-17-15||
This Alabama statute states that no person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines or parts of any such carcasses or the meat or meat food products thereof unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations.
|AL - Stock Laws - Article 2. Taking Up and Disposition of Animals Running at Large on State and Federal Aid Highways.||Ala. Code 1975 § 3-2-1 - 5; Ala. Code 1975 § 3-2-20 - 23; Ala. Code 1975 § 3-3-1 - 3; Ala. Code 1975 § 3-4-1 - 7; Ala. Code 1975 § 3-5-1 - 14||
This set of Alabama laws concerns estrays (livestock running at large), the taking up of animals running on the highway, fencing requirements, and stock laws.
|AU - Cruelty - Queensland Animal Care and Protection Regulation 2002||This regulation implements the Animal Care and Protection Act 2001; it contains the codes of practice to be observed for securing animal welfare.|
|AU - Livestock - Australian Meat and Live-stock Industry Act 1997||Act No. 206 of 1997||
The purpose of this Act is to control meat and live-stock exports both within and outside Australia. 'Live-stock' includes cattle, calves, sheep, lambs and goats, however this definition is not exhaustive and may include other animals if prescribed. The Act covers export licences, quotas and enforcement. It also outlines the role of industry bodies and policies.
|Australia -Farming - Agricultural Act||This Act allows the chief executive to make standards on all matters related to agriculture, including labelling, the marking of stocks and the selling or using of hormonal growth promotants. The chief executive may also establish an advisory committee on agricultural standards. For persons whose interests are adversely affected by a decision of the chief executive under this Act or by an inspector’s decision, this act provides appeal provisions. Enforcement and penalty provisions are also included.|
|AZ - Horse slaughter - Article 4. Horsemeat.||A.R.S. § 3-2121 - 2132||
This Arizona article deals with horsemeat. A license shall be obtained from the division before slaughtering a horse for human consumption. There shall be an antemortem and a postmortem inspection of each horse slaughtered. All horsemeat food products shall be conspicuously branded, marked, tagged or labeled, “horsemeat” or “horsemeat product.” It is unlawful to offer horsemeat for sale for human consumption unless there is prominently displayed in conjunction therewith a sign bearing the words, in letters not less than eight inches in height and three inches in width, “horsemeat for human consumption.”
|AZ - Humane Slaughter - Slaughter of Animals||A. R. S. § 3-2001 to 2017||
This Arizona statutory section covers the slaughter of animals. Among its provisions include license requirements for the slaughter meat, recordkeeping requirements, and a section relating to humane slaughter. The humane slaughter law requires that a livestock animal is rendered insensible to pain prior to being hoisted or shackled; however, none of the provisions apply to one who slaughters an animal for his or her own uses. Interestingly, while the other provisions relating to adulterated meat and licensing requirements describe the penalty for violation, no penalty is listed under the humane slaughter statute.
|AZ - Initiatives - Proposition 204 (inhumane confinement)||2006 Arizona Proposition 204||This comprises Proposition 204 also known as the Humane Treatment of Farm Animals Act. A "yes" vote shall have the effect of establishing misdemeanor fines and penalties for tethering or confining a pregnant pig or a calf raised for veal for all or a majority of the day in a manner that prevents the animal from lying down and fully extending its limbs or turning around freely but excepts transportation of the animal, rodeo and fair exhibitions, lawful slaughters, research, veterinary purposes and the seven day period before a pig's expected date of giving birth. The measure passed with 62% voting "yes."|
|CA - Cruelty - Consolidated Cruelty and Penal Code Sections||Cal. Penal Code §§ 286.5; 596 - 600.5||
These sections from the California Penal Code detail the crimes associated with animals, including anti-cruelty provisions, animal fighting statutes, unlawful killing methods, horse-specific laws, and a miscellaneous section containing provisions related to guide dogs, police dogs, bestiality, etc.
|CA - Farm Animal Cruelty - Chapter 13.8. Farm Animal Cruelty. § 25991. Definitions.||CA HLTH & S § 25991 - 25994||
This section provides the definitions, exception,s and enforcement provisions for the Chapter 13.8, Farm Animal Cruelty. The section was added after voters approved Initiative Measure (Prop. 2) in 2008. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment.
|CA - Food Production - Chapter 13.4. Force Fed Birds||CA HLTH & S § 25980 - 25984.1||
This chapter concerns force fed birds (usually ducks or geese), employed in the process of making foie gras . Beginning July 1, 2012, California outlaws the sale of any product in the state that is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. A peace or humane society officer may issue a citation for a civil penalty up to $1,000 for each violation, and up to $1,000 for each day the violation continues.
|CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; segregation of animals; viola||CA PENAL § 597o||
This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces.
|CA - Horse slaughter - § 598c. Horse slaughter for human consumption||CA PENAL § 598c||
This statute makes it unlawful to possess, to import into or export from the state, or to sell, buy, give away, hold, or accept any equine with the intent of killing it for the purpose of human consumption. Violations could result in a felony conviction with a prison sentence of up to three years.
|CA - Horse slaughter - § 598d. Sale of horsemeat for human consumption||CA PENAL § 598d||
This statute prohibits the sale of horsemeat for human consumption. No restaurant, cafe, or other public eating place may offer horsemeat for sale for human consumption. A first time violation is a misdemeanor.
|CA - Horse transportation - § 597x. Disabled equine; sale or transport for commercial slaughter; misdemeanor||CA PENAL § 597x||
This statute makes it a misdemeanor to sell, load, or transport, any live equine that is disabled, if it is intended to be sold, loaded, or transported for commercial slaughter out of the state.
|CA - Humane Slaughter - Chapter 6. Slaughter||CA FOOD & AG § 19501 - 19503||
This California section constitutes the humane slaughter provisions for cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The law provides that the animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled. Note that despite the section covering poultry, it does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation.
|CA - Initiatives - Proposition 2 (farm cruelty)||2008 Proposition 2||This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, "The Prevention of Farm Animal Cruelty Act." Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%.|
|CA - Slaughter - Part 3. Slaughtered Animals. Chapter 6. Slaughter||CA FOOD & AG § 19501 - 19503||
These sections enumerate the prescribed methods for slaughtering cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The regulations adopted under this chapter are required to conform as far as possible to the regulations of the United States Department of Agriculture governing methods of slaughtering.
|CA - Slaughter - § 597.3. Live animal markets||CA PENAL § 597.3||
This California statute regulates live animal markets. Operators must ensure that no animal (frogs, turtles, and birds, but not poultry) sold for the purpose of human consumption) is cut, dismembered, butchered, or de-feathered while still alive. Operators must also provide that no animals are confined in such a way that could case injury, starvation, dehydration, or suffocation. Violation may result in a warning for the first offense and an infraction for a second offense.
|CA - Slaughter - § 598b. Animals commonly kept as pets or companions; use as food; violation; exceptions||CA PENAL § 598b||
This statute makes it a misdemeanor to possess, import into, or export from, California, sell, buy, give away, or accept any carcass of any animal commonly kept as a pet with the intent of using any part of that carcass for food. It is also a misdemeanor to possess, import, export, buy, sell, give away or accept a common pet animal with the intent of killing it for food.
|CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transaction||CA PENAL § 599f||
As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both.
|CO - Farming - Article 50.5. Confinement of Calves Raised for Veal and Pregnant Sows||C. R. S. A. § 35-50.5-101 to 103||
This 2008 Colorado statute applies to the confinement of calves raised for veal and pigs during pregnancy. This statute provides that calves raised for veal and sows during pregnancy must be able to lie down, stand up, and turn around without touching the sides of their enclosure.
|CO - Humane Slaughter - Article 33. Custom Processing of Meat Animals.||C. R. S. A. § 35-33-101 to 407||
This Colorado section includes both the meat processing laws and the humane slaughter provisions. It covers livestock, which are defined as cattle, calves, sheep, swine, horses, mules, goats, and any other animal which may be used in and for the preparation of meat or meat products. No processor shall shackle, hoist, or otherwise bring livestock into position for slaughter or shall slaughter livestock except by humane methods as defined by regulation; the use of a manually operated hammer, sledge, or poleax is not permitted. Additionally, poultry shall be slaughtered in accordance with "good commercial practices" and in a manner that will result in thorough bleeding. Any person who violates any provision is subject to a civil penalty of not more than $750 per violation for each day of violation and commits a class 2 misdemeanor.
|CO - Initiatives - Amendment 14, Regulation of Commercial Hog Facilities||Amendment 14, 1998||This 1998 Colorado Ballot Measure created additional regulations for large-scale hog producers. The goal was to better curb the waste run-off from such facilities. It passed in the 1998 election with 64.2% of the vote.|
|CO - Initiatives - Amendment 13 (livestock operations)||Amendment 13. Uniform Regulation of Livestock Operations||This 1998 Colorado ballot measure sought to create uniform livestock regulations based on the potential environmental impact that the operation causes (rather than the character of the farm). It specifically sought to target the non-point pollution caused by large-scale operation run-off. The measure further added a definition for "livestock." It failed at the polls with only 38.7% of the vote.|
|CT - Horse Meat - § 21a-22. Sale of equine meat in public eating places||C. G. S. A. § 21a-22||
This Connecticut law states that a public eating place shall not sell or offer equine meat without without indicating such contents of each item in print. Any person, or the responsible agent of any firm or corporation, who violates any provision of this section shall be fined not more than $1,000 or imprisoned not more than 1 year or both.
|CT - Transport - Connecticut Cruelty to Poultry Statute||C. G. S. A. § 53-249||
This statute makes it illegal to transport poultry in any manner that is not sanitary, warm, and ventilated. Poultry must receive "reasonable care" to "prevent unnecessary suffering." Violation of this provision is a class D misdemeanor
|EU - Egg Labeling - Egg Labeling Directive Number 1028 - Council Regulation (EC) No 1028/2006||(EC) No 1028/2006||
In June of 2006, the Commission passed a broad regulation on egg labeling—Number 1028—that served mainly to set out labeling requirements distinguishing between Class A eggs (eggs for direct human consumption) and Class B eggs (other eggs). It paved the way for more detailed egg labeling legislation, such as Regulation 557 of 2007, that had a more direct impact on hen welfare.
|Finland - Animal Welfare Act||(247/1996, amendments up to 1430/2006 included)||The objective of the Finnish Animal Welfare Act is to protect animals from distress, pain and suffering in the best possible way. Another objective is to promote the welfare and good treatment of animals. In meeting these objectives, the Act prohibits inflicting undue pain and distress on animals; what is considered undue pain and distress is discussed by decree. The act also contains special provisions concerning hunting, keeping wild animals in zoos, fishing, veterinary medication, animal breeding, artificial propagation of animals, animal testing on vertebrates, animal transportation, gene technology and nature conservation.|
|Finland - Animal Welfare Decree||(396/1996, amendments up to 401/2006 included)||The Finnish Animal Welfare Decree intreprets certain sections of the Finnish Animal Welfare Act. It also contains provisions on animal premises, outdoor raising of animals for food production, care and treatment of animals, tying animals, breeding, food production, and killing animals.|
|FL - Agriculture & Consumer Services - Department Duties and Enforcement||West's F. S. A. § 585.001 - 585.008||
This set of laws explains the powers and duties of the Department of Agriculture & Consumer Services in enforcing the Animal Industry laws (Chapter 585). Any person or officer that is charged with a duty under the Animal Industry laws may be compelled to perform the same by mandamus, injunction, or other court-ordered remedy. Department employees are authorized to enter any premises in the state for the purposes of carrying out their duties under the Animal Industry laws and it is illegal for any person to interfere with the discharge of those duties.
|FL - Cruel Confinement - § 21. Limiting Cruel and Inhumane Confinement of Pigs During Pregnancy||FL CONST Art. 10 § 21||
This ballot proposal, adopted in 2002 and effective in 2008, addresses the inhumane treatment of animals, specifically, pregnant pigs. The law provides that to prevent cruelty to animals and as recommended by The Humane Society of the United States, no person shall confine a pig during pregnancy in a cage, crate or other enclosure, or tether a pregnant pig, on a farm so that the pig is prevented from turning around freely, except for veterinary purposes and during the prebirthing period; provides definitions, penalties, and an effective date. This measure passed in the November 2002 election with 54% of the vote.
|FL - Department of Agriculture & Consumer Services - Animal Disease Control||West's F. S. A. § 585.01 - 585.69||
This set of laws addresses the role of the Department of Agriculture & Consumer Services, Division of Animal Industry in the prevention, control, or eradication of any contagious, infectious, or communicable disease among domestic or wild animals. The Department is authorized to regulate the importation, transportation, transfer of ownership, and maintenance of animals; establish quarantine areas; and inspect, test, treat, condemn, and destroy animals and animal housing facilities as necessary for the eradication of communicable diseases or the detection of harmful biological and chemical residues in food animals. The laws also direct the Department to develop a list of dangerous transmissible diseases. All veterinarians and animal owners are required to report suspected and confirmed cases of dangerous transmissible diseases to the State Veterinarian; failure to do so is a felony of the second degree.
|FL - Department of Agriculture & Consumer Services - Enforcement||West's F. S. A. § 570.065; 570.15; 570.051||
This set of laws authorizes the establishment of the Office of Agricultural Law Enforcement within the Department of Agriculture & Consumer Services for the enforcement of laws relating to wild or domesticated animals or animal products. Law enforcement officers employed by the Department have statewide jurisdiction and have full law enforcement powers granted to other peace officers of the state, including the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of illegal activities. It is a misdemeanor of the second degree to threaten, interfere with, or impersonate an enforcement officer or other employee of the Department.
|FL - Horse Slaughter - 500.451. Horse meat; offenses||West's F. S. A. § 500.451||
This Florida makes it unlawful for any person to sell in the markets of this state horse meat for human consumption unless the horse meat is clearly stamped, marked, and described as horse meat for human consumption or to knowingly transport, distribute, sell, purchase, or possess horse meat for human consumption that is not clearly stamped, marked, and described as horse meat for human consumption or horse meat that is not acquired from a licensed slaughterhouse.
|FL - Initiatives - Florida Amendment Article X Section 19 (pregnant pigs)||Florida Amendment Article X Section 19 (2002) (note: adopted as Section 21)||This ballot proposal addresses the inhumane treatment of animals, specifically, pregnant pigs. To prevent cruelty to animals and as recommended by The Humane Society of the United States, no person shall confine a pig during pregnancy in a cage, crate or other enclosure, or tether a pregnant pig, on a farm so that the pig is prevented from turning around freely, except for veterinary purposes and during the prebirthing period; provides definitions, penalties, and an effective date. This measure passed in the November 2002 election with 54% of the vote.|
|GA - Horse Meat - Article 4. Advertisement and Sale of Meat Generally.||Ga. Code Ann., § 26-2-150 to 161||
As stated in the legislative intent, the General Assembly declares that purchasers and consumers have a right to expect and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Code to ensure that honest, fair, and ethical practices are followed in the advertising and sale of meat for human consumption. With regard to horsemeat, the Code prohibits the slaughter a horse in this state for the purpose of selling or offering for sale for human consumption or for other than human consumption the horse meat derived from such slaughtered animal unless certain conditions are met. Further, no horse meat shall be sold or offered for sale in this state for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words “HORSE MEAT FOR SALE.”
|HI - Shark fins; prohibited - Chapter 188. Fishing Rights and Regulations.||H R S § 188-40.7||
Hawaii passed this law in 2010 prohibiting the sale, trade, or distribution of shark fins. Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption. Any person violating this section or any rule adopted pursuant to this section incurs an administrative fine of not less than $5,000 and not more than $15,000 for first offense. The fine then increases to $15,000 - $35,000 for a second offense, and $35,000 - 50,000 or imprisonment for up to 1 year, or both, for a third or subsequent offense.
|IA - Cruelty - Chapter 717. Injury to Livestock||I. C. A. § 717.1 - .7||
Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994. These sections deal exclusively with livestock and exempt practices consistent with customary farming practices.
|IA - Humane Slaughter - Meat and Poultry Inspection Act||I. C. A. § 189A.1 - .22||
This Iowa section, known as the Meat and Poultry Inspection Act, also contains the state's humane slaughter laws. For purposes of this section an approved humane slaughtering method shall include and be limited to slaughter by shooting, electrical shock, captive bolt, or use of carbon dioxide gas prior to the animal being shackle hoisted, thrown, cast or cut (except for the ritual requirements proscribed by the Jewish or any other religious faith). Any person who violates any provisions of this chapter for which no other criminal penalty is provided shall be guilty of a simple misdemeanor, which appears to include the humane slaughter provision.
|ID - Livestock - Chapter 19. Miscellaneous Offenses Relating to Livestock||I.C. § 25-1901 to 1910||
This Idaho chapter concerns miscellaneous offenses relating to livestock. One law provides that any person other than the owner, his servant or agent who skins or removes from the carcass, the skin, hide, or pelt of any neat cattle or sheep found dead or perished, is guilty of a misdemeanor. Other topics include the slaughter of unbranded livestock, removal of hides from carcasses, altering brands and marks, and stealing the "services" of a bull.
|ID - Misc. Animal Crimes - Chapter 58. Public Health and Safety||I.C. § 18-5803 - 18-5808||
These Idaho statutes make certain activities involved with animal slaughter criminal. For example, it is a misdemeanor punishable by a fine to put the carcass of any dead animal into any river, creek, pond or street. It is a misdemeanor to slaughter or sell any animal that has been confined for 20 hours without water or 48 hours without food. The statutes also make it a felony if a mischievous animal is allowed to run at large and the animal kills a person.
|IL - Domesticated Wild Animals Act - Chapter 510. Animals.||510 I.L.C.S. 60/0.01 - 60/3||
All birds and wild animals in domestication, or kept in enclosures and reduced to possession, are declared to be objects of ownership and absolute title. When fur bearing animals are raised in captivity for breeding, such animals are considered domestic animals. The animals and the products made from them are agricultural products.
|IL - Horse Meat Act - Chapter 225. Professions and Occupations.||225 ILCS 635/1 - 18||
This Act prohibits the slaughter of horses for human consumption as well as importing, exporting, selling, giving, or even possessing horse meat if a person knows or should know that it will be used for human consumption. Violation of this section of the Act is a Class C misdemeanor. The Act does contain several exceptions. Notably, it does not apply to any commonly accepted noncommercial, recreational, or sporting activities.
|IL - Humane Slaughter - Humane Slaughter of Livestock Act||510 I.L.C.S. 75/0.01 - 8||
This Illinois section comprises the state's humane slaughter laws. It begins with a statement of policy that calls for the humane slaughter of commercial animals. Animals must be slaughtered in a manner that renders them insensible to pain prior to hoisting or shackling. As a result, the use of a manually operated hammer, sledge or pole-ax or shackling as well as the hoisting or hanging any animal while such animal is conscious are prohibited. Any violation of this Act or of the rules and regulations promulgated by the Director is a petty offense.
|IL - Ordinances - 5/7. Remittance of fees; Animal Control Fund; use of fund; self-insurance||510 I.L.C.S. 5/7||
This Illinois statute provides that all registration fees collected shall be remitted the county Animal Control Fund. This fund shall be set up for the purpose of paying costs of the Animal Control Program. This includes paying claims for loss of livestock or poultry and for other ordinance enacted measures, including the purchase of human rabies anti-serum, human vaccine, the cost for administration of serum or vaccine, minor medical care; paying the cost of stray dog control, impoundment, education on animal control and rabies; or any county or municipal ordinance as established by ordinance of the County Board. In 2013, the statute was amended to provide different provisions for how the fund shall be used for cities with 3 million or more people and for cities with less than 3 million people.
|IN - Health - Article 17. Animal Health and Animal Products. Chapter 18. Crimes and Infractions||I.C. 15-17-18-1, - 13||
This set of Indiana laws covers diseased livestock and the sale of domestic animals. It also provides that a person responsible for livestock or poultry who knowingly or intentionally permits the livestock or poultry to run at large commits a Class B misdemeanor. Another provision states that a person may not import to or export from Indiana for the purpose of sale any dog under the age of eight (8) weeks unless the dog is transported with its dam.
|IN - Humane Slaughter - Chapter 5. Meat and Poultry Inspection; Humane Slaughter Act||I.C. 15-17-5-1 to 31||
This Indiana statutory section comprises both the state's meat processing laws and humane slaughter provisions. The state board responsible for carrying out this Act are empowered to adopt rules governing humane methods to make livestock or poultry insensible to pain before incision of an instrument for severance of the carotid arteries. The rules must conform as far as applicable to the regulations promulgated under the Federal Humane Slaughter Act. Most of the laws in this section pertain to inspection of commercial livestock facilities and the labeling of postmortem and antemortem animals. However, violation of the humane slaughter provisions appear to result in a Class B misdemeanor where there has been a "reckless violation."
|KS - Humane Slaughter - CHAPTER 47.LIVESTOCK AND DOMESTIC ANIMALS.||K. S. A. § 47-1401 to 1405||
This Kansas section comprises the state's humane slaughter act. The act first begins with a statement of policy requiring the humane slaughter of all livestock. A humane method is defined as a method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut. The law also allows slaughter by a method in accordance with ritual requirements of the Jewish faith or any other religious faith whereby the animal suffers loss of consciousness by anemia of the brain. Any person who violates any provision of this act is guilty of a misdemeanor.