Farm Animal Protection Law Goes Before Supreme Court

The Oakland-based National Meat Association, which won an injunction in 2009, has argued that the state law contradicts federal laws, which require inspectors to examine downed livestock to see if the animal is safe for consumption. Furthermore, the Federal Meat Inspection Act also says that states cannot attach requirements “in addition to or different than” the requirements set forth by the federal law.

The law was initially blocked by a federal judge but the 9th US Circuit Court of Appeals discarded the hold. The case, National Meat Association v. Harris, 10-224, came before the Supreme Court last week and although the justices have not yet ruled on the issue, their line of questioning seemed to favor the idea that the state law interferes with federal laws.


"When the federal law says you can, that pre-empts the rule from the states that says you can't," said Chief Justice John Roberts.

"The federal law does not require me immediately to go over and euthanize the cow. Your law does require me to go over and immediately euthanize the cow. And therefore, your law seems an additional requirement in respect to the operations of a federally inspected meatpacking facility," said Justice Stephen Breyer to a lawyer representing the state of California.

Furthermore, meat packers and the Obama administration both assert that the state of California is overstepping its authority in attempting to address issues concerning farm animals. According to a 1958 law, only the federal government has the power to oversee slaughterhouses and protect animals.

Although the California law refers to all farm animals, this case concerns the slaughter of pigs. Federal regulations have prohibited the sale of downed cattle for consumption since 2009 largely due to concerns over mad cow disease, a deadly brain infection that can be transferred to humans. However, federal law allows downed pigs to enter the food supply as long as they pass inspection.

The National Meat Association argues that an estimated three percent of pigs arrive at slaughterhouses and are unable to walk. However, according to the association, these pigs are not necessarily diseased and often just need a few hours to recover from stress, fatigue, or a bout of stubbornness.

The Humane Society, however, disagrees, citing political reasons for the drawn out fight for humane animal treatment on farms and in animal processing centers. "This is a case of great consequence for states and their authority to take aggressive action to stop animal cruelty. Congress is in the grip of the agri-business lobby, and if we have to wait until Congress acts, we'll be waiting for a very long time to bring relief to these animals and to secure the food supply for the health and well-being of consumers," said Wayne Pacelle, president of the Humane Society of the United States.