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Practice of Humane Labeling: Proposed Amendments to Federal Standards Governing Chicken Welfare and Poultry Labeling Practices Latravia Smith

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Practice of Humane Labeling: Proposed Amendments to Federal Standards Governing Chicken Welfare and Poultry Labeling Practices Latravia Smith Sustainable Development Law & Policy Volume 18 Issue 1 Animal Welfare in the Context of Human Article 4 Development The “Fowl” Practice of Humane Labeling: Proposed Amendments to Federal Standards Governing Chicken Welfare and Poultry Labeling Practices LaTravia Smith Follow this and additional works at: http://digitalcommons.wcl.american.edu/sdlp Part of the Agriculture Law Commons, Constitutional Law Commons, Energy and Utilities Law Commons, Environmental Law Commons, Food and Drug Law Commons, Health Law and Policy Commons, Human Rights Law Commons, Intellectual Property Law Commons, International Law Commons, International Trade Law Commons, Land Use Law Commons, Law and Society Commons, Law of the Sea Commons, Litigation Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, Public Law and Legal Theory Commons, and the Water Law Commons Recommended Citation Smith, LaTravia () "The “Fowl” Practice of Humane Labeling: Proposed Amendments to Federal Standards Governing Chicken Welfare and Poultry Labeling Practices," Sustainable Development Law & Policy: Vol. 18 : Iss. 1 , Article 4. Available at: http://digitalcommons.wcl.american.edu/sdlp/vol18/iss1/4 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. THE “FOWL” PRACTICE OF HUMANE LABELING: PROPOSED AMENDMENTS TO FEDERAL STANDARDS GOVERNING CHICKEN WELFARE AND POULTRY LABELING PRACTICES By LaTravia Smith* ABSTRACT Agricultural Science and Technology (CAST), the minimum 15 hickens raised specifically for meat production are the space required for a broiler is one-half square-foot per bird. world’s most intensively farmed land animals. Yet, the The National Chicken Council (NCC) requires a mere eight- 16 existing legal frameworks that regulate the production tenths of a square-foot of space per bird. NCC’s guidelines C are indeed in excess of the minimum requirement by CAST, and labeling of poultry products in the United States allow poul- try producers to mistreat chickens, falsely distinguish poultry which requires one-half of a square-foot to maneuver, how- products, and defraud conscious consumers. This article pro- ever, confined chickens under either requirement spend their 17 poses unique opportunities to improve poultry welfare in the lives packed wing-to-wing on floors covered in waste. With United States’ agricultural industry and offers methods to ensure little room to spread their wings, it is difficult for chickens to the accurate labeling of poultry products. engage in natural behaviors, resulting in physical and mental distress, including crippling bodily injuries.18 I. INTRODUCTION The conditions in CAFOs have significant impacts on ani- “Chickens, whether intelligent or stupid, individual or iden- mal welfare and human health.19 As consumers become aware tical, are sentient beings. They feel pain and experience fear. of the modern husbandry practices of some of today’s farmers, This, in itself, is enough to make it wrong to cause them pain there has been an increase in demand for improved animal wel- and suffering.”1 fare.20 To help lessen the impact of the inhumane practices of the animal agricultural industry,21 some consumers are willing Called “broilers” in the poultry industry, chickens raised to pay premium prices for “humane” meats.22 Some consumers specifically for meat production are the world’s most inten- feel that if they pay just a little more they can “have their meat sively farmed land animals.2 Around 9 billion broilers are and eat it too.”23 The leading animal welfare regulations (i.e., raised for slaughter yearly.3 Broilers are “fed for abnormally Animal Welfare Act, Humane Slaughter Act, and Twenty-Eight fast growth without consideration for their well-being.”4 For Hour Law) do not provide legal definitions for terms like “wel- instance, a broiler weighing 5.7 pounds can be produced in just fare” or “humane.”24 There is no specific set of animal welfare forty-seven days.5 standards to substantiate welfare-related labeling claims.25 Studies have shown that chickens possess significant Furthermore, the Animal Welfare Act definition of “animal” cognitive skills parallel to the abilities of some mammals.6 does not include animals raised for food.26 Contrary to popular belief, chickens are intelligent, brave, and Some companies have exploited the increase in consumer sentient beings7—capable of emotion,8 numeracy, and self- demand for the humane treatment of animals to increase their control.9 Chickens possess more than twenty vocalizations to profits.27 By simply labeling their products as “humanely communicate, including: predator alerts; mother/baby calls; raised,”28 some companies are able to falsely distinguish their mating calls; and even calls to communicate the discovery products and charge consumers premium prices.29 There have of food.10 been instances when “humanely raised” chickens have endured In the past fifty years, farming operations in the United States have shifted away from small family farms and individ- ualized production to mass production, commonly known as * Latravia Smith is a LL.M. candidate at Vermont Law School, currently enrolled factory farming.11 These massive, mechanized “megafarms,” in the Environmental Law program. Latravia earned her Juris Doctor from Flor- ida A&M University College of Law (FAMU) where she graduated cum laude also referred to as concentrated animal feeding operations and received a certificate in International Human Rights and Global Justice. Dur- (CAFOs), are more concerned with profit and efficiency to the ing law school, she worked as an honors law clerk for the Environmental Pro- detriment of an animal’s welfare.12 Living conditions for chick- tection Agency’s National Enforcement Training Institute in Washington, D.C. 13 She also worked as a Research Assistant for Dean Randall S. Abate. Latravia ens in CAFOs are unnatural and inhumane. The minimum received a fellowship from the National Oceanic Atmospheric Administration size threshold for broiler chickens in a large CAFO consists and was recognized as a Next Generation Leader by the American Constitution of “125,000 or more” chickens.14 According to the Council for Society. She also attended Stetson University College of Law Summer Study Abroad program where she studied Comparative Animal Law. Fall 2017 17 the same deplorable treatment as the average factory farmed verification of animal welfare related labeling claims; and third, chicken.30 Meanwhile, purchasers of these so-called “humanely encouraging voluntary compliance with poultry welfare and raised” chickens are being deceived by packaging labels and led labeling laws through incentives. to believe “all is well in the mythical world of humane animal agriculture.”31 False labeling is not only a problem for the poul- II. “HUMANELY RAISED” LABELS CAN try industry, but also for consumers and organizations that buy DECEIVE CONSUMERS and sell organic products.32 This section explores the unveiled truth behind Perdue Food labels are of great importance to consumers and pro- Farms’ misleading “humane” labeling. The need for increased ducers because the information on food labels helps consumers poultry welfare standards is demonstrated through an exami- make educated and informed decisions.33 Labels allow companies nation of the life and death of Perdue chickens advertised as to advertise the benefits of their products to their target market. “humanely raised.” Although this discusses Perdue’s agreement For some companies, food labels are the sole method to connect to remove “humanely raised” from its poultry products, it also and engage with consumers.34 The use of value-added animal shows the company’s petition to replace the phrase with another welfare claims on products produced from animals raised under deceptive phrase—indicating the need for a more stringent conventional factory farming animal welfare standards exploits poultry labeling process. Finally, this section unveils Perdue’s the time, money, and resources of companies that actually exer- upcoming proposal to improve their animal welfare practices cise humane care for their animals and properly label their prod- and briefly examines the effectiveness of their voluntary pledge. 35 ucts. Dishonest companies profit at the expense of the animals, A. THE TRUTH ABOUT PERDUE’S “HUMANELY RAISED” 36 consumers, and to the detriment of the humane farming industry. CHICKENS EXPOSED Class action lawsuits have been filed on behalf of consum- Perdue Farms is a top international food and agricultural ers against poultry producers for deceptively advertising their producer, providing products and services in over seventy poultry products as “humanely raised.”37 However, instead of countries.44 With annual sales in excess of $6 billion,45 Perdue implementing humane reforms, some producers simply agreed ranks third in poultry industry sales.46 Perdue advertised its to remove the deceptive labeling from their product packaging.38 Harvestland brand of chicken as “humanely raised” and “USDA Consumers prevailed in the sense that they are no longer being process verified” when it charged consumers premium prices deceived by some companies, yet the paramount problems
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