JS West of Modesto, CA, That Prop 2 Is Virtually Null Due to the State’S Lack of Shows Prop 2 Has Failed to Stop Intensive Confinement, Support
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How the landmark animal welfare law fails animals and California 1 California’s Proposition 2, the landmark 2008 yet to be a single enforcement action anywhere in the legislation that barred certain forms of intensive state since Prop 2 went into effect on January 1, 2015. confinement on farms, promised to improve the lives Prop 2 has received so little support from state of millions of animals. However, an investigation by the authorities – many of which, when asked, declared international animal rights network Direct Action they had no knowledge of the law’s existence – that it Everywhere (DxE) into one of the state’s largest and is hardly law at all. The animal services officer believes most celebrated egg farms, JS West of Modesto, CA, that Prop 2 is virtually null due to the state’s lack of shows Prop 2 has failed to stop intensive confinement, support. disease and abuse. California voters have not gotten what they voted for. California’s failure to enforce Prop 2, however, is simply the latest instance of a pattern of failure to DxE investigators found crowded, filthy conditions at protect animals raised on farms. Previously, in 2010, JS West’s flagship “humane certified” farm in Atwater, state and federal regulators, including both the CDFA CA, which supplies corporations such as Safeway, and the federal Food and Drug Administration (FDA), Costco and Trader Joe’s under brand names including were caught unaware when egg producers including Cal Eggs and Lucerne. Footage shot by DxE at the the JS West co-owned NuCal Foods recalled half a facility shows hundreds of stressed, diseased and dying billion eggs for salmonella contamination. (Salmonella animals crammed into cages. “The crowding is so poisoning can be fatal to the elderly, young children severe that most of the birds will never have a moment and those who are immune compromised.) where they have sufficient free space,” said noted veterinarian Dr. Sherstin Rosenberg. During the investigation of the JS West facilities, DxE rescued one of the birds, who they named “Emma,” Documents obtained by DxE through California Public from the brink of death. Emma, who had fallen ill due Records Act requests show that JS West has violated to the unhealthy environment in the barn, would have the space requirements of Prop 2 and even the minimal been trampled to death if she had not been removed space requirements (116 square inches) of California’s and rushed to receive veterinary care. Emma thrives Shell Egg Food Safety regulations. today at an animal sanctuary – one of the rare few “Putting hens in 116 square inches of space – that is animals raised on farms who escape the suffering beyond hell,” said a high-ranking California animal inherent in animal agriculture. services officer. “You get these birds that are just Truly effective protection for animals will require not psychotic out of their minds. They resort to just honest enforcement of existing law but a cannibalism, they’re stressed, they’re mad, they’re transformation in our legal paradigm – to stop treating diseased.” animals as property and give them the rights of legal Yet JS West has not been reported to relevant persons. Animals also deserve better than callous authorities. Indeed, despite repeated instances of exploitation and abuse. They deserve lives that are criminal animal abuse documented by the California truly safe, happy and free from violence. Department of Food and Agriculture (CDFA), there has 2 Hillandale Farms, Gettysburg, PA, 2015. Photo by HSUS. Wire enclosures, each the size of a file drawer stacked one on top of another housing up to 10 hens. Each bird usually gets around 67 square inches of space (8 inches by 8.3 inches) -- less than the size of a sheet of printer paper. Dwight Bell Ranch, Atwater, CA, 2015. Photo by DxE. Wire enclosures measuring 4 feet by 12 feet holding about 60 hens. Allow hens a bit more space – 116 square inches (about 11 inches by 10.5 inches) -- approximately 20 percent more than a single sheet of printer paper. May contain perches and nesting areas. Petaluma Farms, Petaluma, CA, 2014. Photo by DxE. Typically barren sheds packed with chickens. Not much more space than a colony cage. Hens may get as little as 144 square inches (12 inches by 12 inches.) 3 Donning sanitary coveralls and covers for their shoes, Direct Action Everywhere investigators entered two JS West facilities, the Dwight Bell Ranch in Atwater, CA For a baby hen on a “humane certified” egg and the Hilmar Farm in Hilmar, CA, during 2015. JS farm, terror began on Day 1. West’s Dwight Bell Ranch has been presented as a [Editor’s note: While we don’t know the exact details of model of a good animal welfare program and as an Emma’s life, we pieced together this narrative from what example of adherence to the requirements of we do know specifically about Emma, and from what we California’s Prop 2. That proposition, which requires know about how the hundreds of millions of hens that animals have enough space to spread their limbs suffering in farms across the country spend their first and turn around in their cages, was initially considered weeks. This story is their story.] a major advance in animal welfare when it became law. Emma was born from suffering. DxE investigators sought to determine if this noted In the 14 days before her birthday, her mother starved farm was, in fact, complying with Prop 2, which went in darkness because of the industry practice of forced into effect January 1, 2015. Unfortunately, instead of molting. The lights had gone out. The food and water finding happy, healthy chickens with room to roam and slowed to a trickle. When the young mothers realized spread their wings, members of DxE found countless this was not a temporary problem, anxiety dead, sick and injured hens crowded in so-called transformed into terror. Some went into a frenzy, “enriched colony housing.” Despite the euphemistic flailing uncontrollably in what is aptly called “the death label, many hens were so crammed into the cages they throes.” In the cramped conditions of the farm, this could barely move. caused a wave of panic throughout the enclosure. Modesto-based JS West, one of the largest egg Limbs were broken. Faces were maimed, And producers in the state of California, was supposed to thousands of young mothers -- especially the weakest be the best of the best when it came to the industry and most feeble -- were trampled to death, as others addressing the mandates of Prop 2. huddled in fear. In the aftermath, many resorted to cannibalism in a desperate attempt to survive. After a New York Times reporter visited the Dwight Bell Ranch, the paper published an article in March When the lights finally came back on, and the food and 2014 titled “Wishing They All Could Be California Hens” water were replenished, the mothers flung themselves 4 A VETERINARIAN’S ASSESSMENT After viewing video footage and photographs of hens at the JS West Dwight Bell Ranch in Atwater, CA, Dr. Sherstin Rosenberg, DVM, provided the following assessment: The most striking thing about this footage is the dramatic overcrowding. In virtually all of the cages, a hen would not be able to walk, turn around, or spread her wings without bumping into another hen or the cage wire. The crowding is so severe that most of the birds will never have a moment where they have sufficient free space. Over the 5 months during which this footage was captured, there is a dramatic decline in the body condition of the hens. Initially the birds are fully feathered, and many appear generally healthy. Five months later, these same birds have feather thinning or loss over much of their bodies. Large numbers of them are suffering from clearly visible and painful health problems (ocular disease, abscesses, open wounds, vent prolapse) requiring veterinary care. Additionally, dead hens in advanced stages of decay are found in several of the cages. Based on my professional experience and training, the hens living in this facility are systematically subjected to needless suffering caused by insufficient living space and gross neglect. Sherstin Rosenberg, DVM, is a doctor of veterinary medicine who has written expert assessments for animal cruelty cases, testified at a Prop 2 hearing in 2008, and spent four years as a Board Member of Humane Society of Silicon Valley, chairing its ethics committee. Dr. Rosenberg did her undergraduate studies at Stanford University, followed by a veterinary degree from the University of California at Davis. She has extensive experience caring for chickens and operates a rescue clinic with over 150 birds. and declaring hens in JS West’s enriched colonies were at the yellow gruel as if it were manna from heaven. “living the good life.” And a Wall Street Journal article Emma’s mother was one of the hardy few who headlined “Cracking California's Egg Rules” began, survived. After 14 days of starvation and darkness, fate “About 150,000 hens at egg producer JS West Inc. rewarded Emma’s mother with a single perfect egg. appear to have scored an upgrade. They cluck and But the egg slowly rolled away on the slanted wire cackle in an air-conditioned hen house that got a $3.2 floor. Some mother hens yearn to protect their eggs as fiercely as a pregnant human mother will protect her developing baby. After 14 days of starvation, 14 days of darkness, even this small gift was taken away. It was one of the last cruelties she endured. Within days, Emma’s mother was thrown into a landfill and buried alive.