Federal Appeals Court Declares Horse Slaughter in Texas Illegal - Two of the Nation’s Three Horse Slaughter Plants Face Closure, Criminal Charges

 
WASHINGTON (Jan. 20, 2007) – The Humane Society of the United States, which has been campaigning to ban the slaughter of American horses for export for human consumption, hailed a decision yesterday by the United States Court of Appeals for the Fifth Circuit overturning a lower court decision that invalidated a Texas state law banning the sale of horsemeat for human consumption.  The HSUS filed an amicus brief in the case in March 2006, arguing in defense of Texas’ state law barring the slaughter of American horses for human consumption overseas.
 
"This is the most important court action ever on the issue of horse slaughter. A federal appeals court has ruled that America’s horses can no longer be slaughtered in Texas and shipped to foreign countries for food,” said Wayne Pacelle, president and CEO for The Humane Society of the United States. “When this ruling is enforced, a single plant in Illinois will stand alone in conducting this grisly business.” 
 
The criminal code of Texas has long prohibited the sale or possession of horse meat, but the law has never been enforced.  In 2002, responding to citizen and local government concerns about the two foreign-owned horse slaughter plants in the state – Dallas Crown in Kaufman and Beltex in Fort Worth – then-Texas Attorney General John Cornyn issued a written opinion that the 1949 Texas law applies and may be enforced.
 
In response, the Tarrant County District Attorney attempted to enforce the law, but last year a federal district court in Texas ruled that the law was repealed by another statute and preempted by federal law.  The District Attorney appealed that decision last year, and was supported by The HSUS in briefing before the Court of Appeals.
 
In its decision, the court flatly rejected the slaughterhouses’ arguments that the ban on the sale of horsemeat does not protect horses from theft and abuse, and that regulating horse slaughter can achieve those same purposes, noting instead that “it is a matter of commonsense that…alternatives…do not preserve horses as well as completely prohibiting the sale and transfer of horsemeat for human consumption.”  The court noted that the horse on the Texas trail is a cinematic icon, but “not once in memory did the cowboy eat his horse.”
 
The Court of Appeals also quickly brushed aside the slaughter plants’ arguments that the Texas law at issue was invalid under state and federal law, noting that the Texas law “has not been repealed or preempted by federal law,” and that “several states have already banned its commercial use for human consumption.”
 
“The Texas law prohibiting the sale of horse meat for human food could hardly be any more explicit," said Jonathan Lovvorn, vice president of animal protection litigation for The HSUS. "The court’s decision means that any individual employee or corporation involved in the horse slaughter business in Texas now stares straight ahead at criminal prosecution."
 
According to the U.S. Department of Agriculture, 100,800 American horses were slaughtered in three foreign-owned slaughter houses in 2006.  Opponents of the slaughter ban argue the practice constitutes a humane way to kill old animals, but investigations by The HSUS show cruelty and abuse throughout the process. USDA statistics show that more than 92 percent of horses slaughtered in the U.S. are not old and infirm but in good condition.
 
Legislation to ban the slaughter of American horses nationwide was introduced this week in the 110th Congress, and this court ruling will give further momentum to the federal legislative effort.  In the U.S. Senate, the American Horse Slaughter Prevention Act, S. 311, was launched Jan. 17 by Sens. Mary Landrieu (D-La.) and John Ensign (R-Nev.), with 12 original cosponsors.  In the U.S. House, Reps. Janice Schakowsky (D-Ill.) Ed Whitfield (R-Ky.), John Spratt (D-S.C.), and Nick Rahall (D-W.V.) introduced a companion bill, H.R. 503, the same day with 62 original cosponsors.
 
The measure received tremendous bipartisan support in the 109th Congress, winning a vote of 263 to 146 in the House. It stalled in the Senate in late 2006, however, and was not brought up for a vote before Congress adjourned, even though a similar effort had been overwhelmingly approved by the Senate in 2005.
The Humane Society of the United States is the nation's largest animal protection organization with nearly 10 million members and constituents. The HSUS is a mainstream voice for animals, with active programs in companion animals, disaster preparedness and response, wildlife and habitat protection, marine mammals, animals in research, equine protection, and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy and field work. The nonprofit organization is based in Washington and has field representatives and offices across the country. On the web at  https://webmail.hsus.org/exchweb/bin/redir.asp?URL=http://www.humanesociety.org.

 

Rahall Continues Work to Prohibit Senseless Slaughter of Wild Horses

WASHINGTON, D.C. – January 5, 2007 - In the opening week of the 110th Congress, Rep. Nick J. Rahall (D-WV), the new Chairman of the House Committee on Natural Resources, today reintroduced legislation to reinstate a ban on the senseless slaughter of wild horses – a symbol of the American West – that roam our nation’s public lands.

“Horses are an integral part of the tapestry of this country – a symbol, a promise of possibility, a companion, and a treasured childhood memory,” said Rep. Rahall.  “Americans have always championed their survival, and expect that that these creatures will be protected.  To allow them to be sacrificed and slaughtered represents great disrespect to the will of the American people and is an affront to our nation’s history.”

The bipartisan legislation, H.R. 249, introduced by Rep. Rahall and Rep. Ed Whitfield (R-KY), will restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros that was eliminated by a provision in the Fiscal Year 2005 omnibus appropriations bill.  The provision, which overturned 34 years of federal policy protecting wild horses, has essentially allowed the Bureau of Land Management (BLM) and Forest Service to turn a blind eye to individuals or corporations who buy these animals with the clear intention of slaughtering them for profit.  Often, these animals are slaughtered so their meat can be offered on menus for foreign diners in nations such as France, Belgium, and Japan.

“Instead of managing these living symbols of the American West, BLM has been permitted to allow the slaughter of animals they had previously been charged with protecting – an irresponsible approach to managing our public lands and the wildlife that roam them,” Rahall said.

“In this country, horses are raised as work, sport, and companion animals – they have never been part of the food chain in America.  I disagree with the argument that ending the slaughter of horses will lead to a proliferation of abandoned and neglected horses.  Many of the 90,000 horses not slaughtered will still die each year – they will either be humanely euthanized or die of natural causes.  We must remember that a large number of horses being slaughtered have actually been stolen.  So they most certainly are not unwanted horses.  I look forward to working with Chairman Rahall to pass this legislation and restore the BLM policy that has served us well for the past 34 years,” said Whitfield.

The current slaughter policy fails to take into account the fact that humane alternatives exist, such as adoption, sterilization, relocation, and placement with qualified individuals and organizations.

In 2005 and 2006, Rahall successfully offered this legislation as amendments to the Interior Appropriations bill.  While the amendments were successful in the House, they were not ultimately signed into law.

“The time has long since passed to restore the prohibition on the sale and slaughter of these creatures.  We must put a stop to this senseless and inhumane policy that our government has adopted before it is too late for the thousands of wild horses that roam the land,” Rep. Rahall said.

 

Virginia Legislator Calls for a Halt to the National Animal Identification System

January 8, 2007 - Delegate Rob Wittman has introduced a bill to put a halt to the National Animal Identification System, or NAIS, in Virginia. House Bill 1990 would require the Commissioner of Agriculture to "ensure that the Department does not participate in or provide any assistance to the establishment of the National Animal Identification System or any substantially similar program."

The National Animal Identification System is an industry-government plan to identify and track every livestock animal in the country. While big agri-businesses and technology companies support the program, individuals and organizations across the country have opposed it. The objections range from invasion of privacy and property rights to the unknown, but probably high expenses of the program.

Bernadette Barber, a Virginia wife, mother, and small farmer, contacted Delegate Wittman to seek his help in stopping the program. "We just own a handful of animals, but the government wants to treat us the same as big corporations shipping meat to Asia. I rely on my animals to help feed my family, and the NAIS will make it harder, if not impossible, for me to provide high-quality food for my children."

"The U.S. Department of Agriculture (USDA) cannot even secure the safety of spinach. I really don't want them regulating and charging me for growing my own food. The USDA should be encouraging smaller local markets, not driving them out of business, which is what NAIS will do. There is no better "trace back" than direct Farmer-to-Consumer, or raising it oneself for personal consumption. Big agricultural conglomerates should probably be investigated for Anti-trust law infractions, and they certainly do not need my tax dollars as 'corporate welfare.' The more centralized a food source is, the more vulnerable it is," says Barber, who is the Virginia State Coordinator for the Liberty Ark Coalition.

Judith McGeary, an attorney in Austin, Texas, reports that the Liberty Ark Coalition receives calls for help from people all over the country.

"Nearly 1600 people, and 87 organizations, have signed up as supporters of the Coalition to oppose NAIS. When these individuals talk to their neighbors and friends, almost no one knows the truth about NAIS. And even many state legislators have been left in the dark, as the state agencies have moved ahead with the program without getting authorizing legislation," McGeary says.

Like the other states, Virginia has been taking federal funds to implement NAIS. The Virginia Department of Agriculture has implemented a voluntary NAIS program using these federal funds as well as state funds. Delegate Wittman's bill could put a stop to this process.

To learn more about NAIS, and what it means for farmers and consumers, visit www.libertyark.net.