Two large and well-funded agribusiness groups, the American Meat Institute and the National Meat Association, have filed a far-reaching lawsuit in federal court aimed at overturning the Humane Farming Association’s (HFA) recently enacted downed animal legislation in California (AB 2098, authored by Assemblyman Paul Krekorian).

The livestock industry, having just experienced major defeats at the ballot box and in the legislature, is now hoping to convince the courts that state anti-cruelty and consumer protection laws, such as HFA’s new law banning the sale of diseased and disabled animals in California, are “preempted” by federal law and should be rendered null and void.  

The meat industry is claiming, among other things, that states do not have the right to pass meaningful farm animal and consumer protection legislation when it surpasses lax federal regulations.  Whether it is HFA’s historic new law protecting downed animals in California, or other farm animal protection legislation, the industry is desperately seeking ways to subvert our democratic process – and overturn the will of the people.

Background:

The term “downed animal” is used to describe animals too sick or injured to stand up on their own.  Rather than putting these animals out of their misery, the meat industry keeps them alive in order to get them to slaughterhouses.  Following a long and painful journey, they are brutally dragged off trucks, butchered, and then sold for human consumption.

In order to hinder the passage of legitimate laws that would prohibit these cruel practices, several years ago the meat industry began advancing its own legislation.   The goal of those industry measures was to continue the slaughter of downed animals while giving the public a false impression that the animal cruelty and food safety issues had been resolved.

The most infamous of those industry measures was SB 692, California’s earlier downed animal statute which was enacted in the 1990s.  Backed by the Farm Bureau, Eshelman’s Slaughterhouse and others, SB 692 perpetuated the cruel exploitation of downed animals.  And with many people being misled into thinking that the problem had been solved, passing a real ban on the downed animal trade became more difficult. 

A turning point occurred in 2008 when undercover video documenting the horrific abuse of downed cows at a California meat packing company (Westland/Hallmark) was broadcast by the national news media.  Humane Society of the United States video captured slaughterhouse workers repeatedly kicking, shocking, ramming with forklifts, and even spraying water down the noses of these animals in order to get them to the killing floor.

It was then revealed that nearly 45 million pounds of contaminated beef ended up in the nation’s school lunch programs.  This set off the largest beef recall in U.S. history.  Much of this condemned beef, however, had already been consumed by our nation’s school children and the public at large. 

This scandal graphically demonstrated that California’s old downed animal law did not prohibit the marketing and slaughter of non-ambulatory animals as some had falsely claimed.

The general public, as well as many legislators, soon rallied behind what HFA had been advocating from the very start:  The sale of downed animals must be banned – rather than perpetuated by worthless regulations.  And this ban took the form of HFA’s landmark downed animal legislation known as AB 2098 by Assemblyman Paul Krekorian.

Thanks to the support of HFA members, and the skilled authorship of Assemblyman Krekorian, this historic measure was signed into law last year, and went into effect on January 1, 2009.  In addition to banning the marketing of downed cattle, AB 2098 also prohibits, for the first time ever, the marketing of other sick and injured farm animals, including pigs, sheep, and goats. 

Of course, the industry groups filing this lawsuit would prefer to conduct its grisly downer business as usual – and as previously permitted under the old and widely-discredited California downer statute enacted in the 1990s.  And as evidenced by this lawsuit aimed at blocking AB 2098, those who profit from the sale of sick and injured animals are now asking the courts to turn back the clock. 

Motivated by sheer greed, meat industry groups are seeking ways to continue marketing the flesh of downed animals – as they were permitted under California law right up until AB 2098 went into effect on January 1, 2009. 

That’s why HFA is now mobilizing – to forcefully respond to the meat industry’s destructive legal assault.  In addition to seeing that they are defeated in federal court, HFA is preparing a major counterattack – in the court of public opinion.  With your support, we will hit back and expose the Meat Institute’s insidious intentions to continue the sale of tainted meat from diseased animals to school children and others across the country.

Please help us fight back against the Meat Institute and others seeking to perpetuate animal cruelty and to overturn the will of the people. 

This is a battle we simply must win.  Thank you!

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