Farming or Food Production

Displaying 81 - 90 of 501
Titlesort descending Summary
CA - Slaughter - § 597.3. Live animal markets 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 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 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.
California Proposition 2: A Watershed Moment for Animal Law


This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.
Californians for Humane Farms v. Schafer



Plaintiff, a nonprofit ballot committee established to sponsor Proposal 2, a State ballot initiative that would result in prohibiting the tethering and confinement of egg laying hens and other farm animals, brought an action against Defendant, the United States Secretary of Agriculture, alleging a violation of the Administrative Procedure Act, after Defendant approved a decision by the American Egg Board (the “Egg Board”) to set aside $3 million for a consumer education campaign to educate consumers about current production practices.

 

The


United States District Court,



N.D. California granted Plaintiff’s motion for preliminary injunction, finding that Plaintiff was likely to succeed on the merits, direct harm to Plaintiff was likely to occur if the injunction was not granted, and that the public interest would be served by granting the preliminary injunction.
Campbell v. Supervalu
North District Court of Indiana dismissed a claim that Federal Meat Inspection Act (FMIA) preempted the plaintiff's state law claims. While a past court decision held that FMIA preempted state attempts to regulate meat inspection, this case was distinguishable because the suit focused on an alleged act of negligence that fell outside inspection of meat and because the state is not placing additional or different requirements then those set by FMIA.
Canada - Nova Scotia Statutes - Sheep Protection Act This set of Nova Scotia laws comprises the Sheep Protection Act. Under the Act, any person may kill any dog which is found pursuing, worrying, wounding, killing or injuring sheep or is found straying at any time, and not under proper control, upon premises where sheep are usually kept. Within forty-eight hours after an owner discovers that one or more of his or her sheep have been killed or injured by a dog or dogs, he or she shall notify a sheep valuer who immediately makes a report in writing giving in detail the extent and amount of the damage. Where a dog is known to have killed or injured sheep, the owner on being duly notified shall within forty-eight hours cause the dog to be killed.
Carver v. Ford


The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth.  The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.
Cavel Intern., Inc. v. Madigan


The issue on appeal was whether Illinois' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or in violation of the dormant Commerce Clause.  The court held that the statute was neither preempted nor in violation of the dormant Commerce Clause
Changing the Tax System to Effect Humane Treatment of Farm Animals

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