Can California regulate egg production under the Commerce Clause?

New standard for chickens

New standard for chickens

Seth Victor

Missouri Attorney General Chris Koster has filed a lawsuit in the Eastern District Court of California, asking the federal court to overturn a 2010 California law requiring the same standards for in-state chickens be applied to out-of-state chickens. In 2008, California passed Proposition 2, a ballot measure that increased the standards for egg-layers, providing that such chickens must have enough space to spread their wings without touching another chicken, and be able to stand up and lay down. Animal producers in California, however, complained that because they couldn’t stuff as many birds into the same space, they are at an economic disadvantage when competing with out-of-state producers selling in California. In response the state legislature passed a law requiring that all eggs sold in California be held to the same standards required under Proposition 2. The law will take effect in 2015. While California maintains that the additional law was enacted for health safety given the atrocious conditions of battery cages, Missouri counters that the law is an unlawful attempt to regulate conduct outside of California’s boarders, and an impermissible protection against out-of-state competition, both of which are in violation of the Commerce Clause. Continue reading

Why the King Amendment is Hypocritical

Seth Victor

Recently Angelique Rivard explained some of the dangers inherent in Rep. Steve King’s amendment to H.R. 6083, the Farm Bill. What makes this amendment maddening is that Mr. King has cited law to support this measure that he would decry as the product of an overreaching government in almost any other circumstance. There is no doubt that Mr. King’s proposal is intended to end state protection for farmed animals; his website proudly declares that he hopes to terminate the efforts of animal rights groups, ensuring “that radical organizations like the Humane Society of the United States (HSUS) and PETA are prohibited from establishing a patchwork of restrictive state laws aimed at slowly suffocating production agriculture out of existence.”

King has hardly been the darling of animal rights before this foray, as Stephen Colbert nicely summarizes. Perhaps unsurprisingly, the Humane Society Legislative Fund and the Defenders of Wildlife Action Fund both gave him a 0% rating in 2012. This came after a 2010 statement at a National 4-H Conference that “the HSUS is run by vegetarians with an agenda whose goal is to take meat off everyone’s table in America.” King has also previously voted against broadening the definitions of the Endangered Species Act in 2005 which would have enabled better listing criteria.

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Animals Are Biggest Losers in Sequestration

Seth Victor

As reported by Mother Jones, there is a lovely outcome to the government’s sequestering: “The Food Safety and Inspection Service’s budget would be slashed by $51 million. This would result in a furlough of as much as 15 days for all employees, including 8,400 meat inspectors, as well as a loss of 2 billion pounds of meat, between 2.8 and 3.3 billion pounds of poultry, and over 200 million pounds of egg products. Meat shortages may also lead to price increases, leading to a domino effect on restaurants, grocers, and small businesses. There are also concerns that food safety ‘could be compromised by the illegal selling and distribution of uninspected meat, poultry, and egg products.'”

Or, as author Lemony Snicket might phrase it, “The news reported that there was going to be a loss, a word that here means ’13 million cows and over a billion chickens were killed for no use at all, because a bunch of people were busy fighting over other things, like how much money they could spend on themselves.'”

Felony Conviction for Factory Farm Animal Abuse

Seth Victor

This week Brian Douglas was convicted of felony animal cruelty in Hoke County, North Carolina, and was sentenced to 30 days jail, and nearly four years probation. Mercy for Animals has hailed this conviction as “the first felony cruelty to animals conviction related to birds used for food production in US history.” Other related defendants’ cases are pending. Since the investigation into the abuse commenced last December, Butterball has maintained that as an organization it does not condone animal cruelty. Although my search for “animal rights” or “felony” did not turn up any results on Butterball’s website, the self-described largest turkey supplier in the United States does have a slide show demonstrating the love and affection each and every bird receives. I particularly enjoy the image of a mother and son handling a poult with the text, “Our turkeys need the proper care and attention from the start. This concept of well-being is essential in order for the birds to grow and thrive.” It’s true. I’m sure the turkeys do need that care. Whether they actually get it is the question. Butterball also states that “Regular veterinary exams monitor for diseases and help to ensure the health of flocks.” Again, true, but would these be the same veterinarians that tip-off Butterball prior to a police raid? Some people are skeptical. Continue reading

Workers Caught Harming Hens

More on the Sparboe mess…:

George Buchanan
  Sparboe Farms, which runs facilities in Colorado, Iowa, and Minnesota, that supply both Target and McDonalds with eggs, was dropped by the two companies due to animal cruelty. A group called Mercy for Animals filmed “hens crammed in crowded cages, workers burning beaks and one, trying to shove a bird inside the pocket of a co-worker, apparently for fun. Another worker presses his thumb against the back of a chick’s neck until it breaks

The egg supplier, Sparboe Farms, was also sent a warning letter earlier in the week by the FDA, which “found ‘serious violations’ after visiting five of the companies’ production facilities, including failure to have and implement a written Salmonella Enteritidis prevention plan and failure to prevent stray poultry, wild birds, cats and other animals from entering poultry houses.”   Both PETA and The Humane Society have complained, and released videos of the inhumane treatment that occurs at these poultry facilities in years past. But, perhaps with huge corporations such as McDonalds and Target pulling their accounts from egg suppliers, like Sparboe Farms, other suppliers will take notice and not only set standards that conform with anti-cruelty laws; but will also keep an eye on their employees to ensure the treatment that cost Sparboe Farms the lucrative accounts of McDonalds and Target, does not take place at their egg supplying facilities.    Continue reading

McDonald’s and Target Drop their Relationship with their Egg-Supplier, Sparboe Farms

Heather Schlemm

            Mercy for Animals revealed an undercover video of five egg producing farms in three states that both McDonald’s and Target purchase from. Mercy for Animals had its people hired at Sparboe farms and wired them with hidden cameras from May 23rd to August 1st to document the animal abuse occurring. Sparboe Farms is one of the nation’s largest egg suppliers and has facilities in Iowa, Minnesota, and Colorado. Target Corp. was purchasing from the Litchfield Minnesota one and has now agreed to pull all eggs from this farm off its shelves. Target claims to have just been made aware of the facilities conditions and that is why they are immediately stopping their purchases. McDonald’s had purchased from the Vicent, Iowa plant for all its west locations and now says it will never work with Sparboe again. McDonald’s and Target released full statements on their decision to stop using Sparboe. Continue reading

Animal Welfare Claims on Egg Cartons should be Regulated

Sheila Rodriguez

Most Americans care about the welfare of farmed animals. Egg companies

Image courtesy of Compassion Over Killing

know that, and many market their eggs with labels claiming the hens were treated well. What consumers don’t know is that many of the animal welfare claims on egg cartons are meaningless.

In my article, The Morally Informed Consumer: Examining Animal Welfare Claims on Egg Labels, I argue that egg consumers have a right to know how hens are raised. Most hens are packed eight or nine birds to a cage. The cages are so small that hens are unable to stretch a wing. The overcrowding causes them to fight, so their beaks are cut off to prevent them from injuring other birds. The fewer than 5% of eggs in theU.S. that are not produced under these conditions are from hens that were not even allowed outside. Continue reading

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