The U.S. Supreme Court today unanimously overturned a California state law, which mandated that downed pigs in slaughterhouses be humanely euthanized and that their meat not be sold for human consumption. The justices ruled that the federal government, and not the states, is solely responsible for the rules that govern slaughterhouse operations.
The California law would have had its greatest effect on the handling of nonambulatory pigs, which under U.S. law can be used for food with only the approval of a federal inspector.
Here’s the background:
- In 2008, the Humane Society of the United States released an undercover video at a California slaughterhouse that showed workers abusing cows who were not able to stand or walk (“downers”). In the video, these downed cows were shown being kicked, shocked with electric prods, dragged with chains and rammed with forklifts. See video here.
- Public health professionals warned that meat from these “downer” cows was more likely to be diseased, partly because animals can become unable to stand or walk due to disease and partly because they grow sicker as they end up rolling around in other animals’ refuse.
- The U.S. Department of Agriculture recalled 143 million pounds of meat — the largest meat recall in U.S. history — after the video was released. It also led to stricter federal regulations involving cattle — but not pigs.
- The state of California responded by amending California Penal Code § 599f to provide that:
(a) No slaughterhouse, stockyard, auction, market agency, or dealer shall buy, sell, or receive a non-ambulatory animal.
(b) No slaughterhouse shall process, butcher, or sell meat or products of nonambulatory animals for
human consumption.
(c) No slaughterhouse shall hold a nonambulatory animal without taking immediate action to humanely
euthanize the animal.
(d) While in transit or on the premises of a stockyard, auction, market agency, dealer, or slaughter-
house, a nonambulatory animal may not be dragged at any time, or pushed with equipment at any time,
but shall be moved with a sling or on a stoneboat or other sled-like or wheeled conveyance.
- The National Meat Association, which represents pork producers, brought suit against the state.
- In response to the meat industry lawsuit, a federal judge temporarily blocked the enforcement of the downer ban, but the Ninth Circuit Court of Appeals overturned the decision and ruled in favor of the state law.
- So the National Meat Association took it to the Supreme Court: National Meat Association v. Harris (10-224).
Which brings us to today. Sadly, the U.S. Supreme Court has sided with an industry solely focused on the bottom line (money), leaving ill animals — and the humans who eat them — largely unprotected.
In their ruling, the justices noted that Congress said states may not adopt slaughterhouse rules that were “in addition to or different from” the federal standards. Clearly, it’s time for the U.S. Congress to amend the Federal Meat Inspection Act to include provisions like those set forth by the state of California.
Check out Dr. Michael Greger’s thoughts on this case at NutritionFacts.org.
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