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The Following Report Is No Longer Current, and Is to Be Used for Historical Purposes Only The following report is no longer current, and is to be used for historical purposes only. CRIMES WITHOUT CONSEQUENCES: The Enforcement of Humane Slaughter Laws in the United States Researched and written by DENA JONES for the Animal Welfare Institute 2 CRIMES WITHOUT CONSEQUENCES: The Enforcement of Humane Slaughter Laws in the United States Researched and written by Dena Jones May 2008 Animal Welfare Institute Crimes Without Consequences: The Enforcement of Humane Slaughter Laws in the United States Researched and written by Dena Jones Animal Welfare Institute P.O. Box 3650 Washington, DC 20027 www.awionline.org Copyright © 2008 by the Animal Welfare Institute Printed in the United States of America ISBN 0-938414-94-1 LCCN 2008925385 i CONTENTS Executive Summary .................................................................................... 1 1. Introduction ............................................................................................. 5 1.1 About the author........................................................................ 6 1.2 About the Animal Welfare Institute ........................................... 6 1.3 Acknowledgements ................................................................... 6 2. Overview of Food Animal Slaughter in the United States ...................... 7 2.1 Animals Slaughtered ................................................................. 7 2.2 Types of Slaughter Plants .......................................................... 12 2.3 Number of Plants ...................................................................... 14 2.4 Location of Plants ..................................................................... 16 2.5 Plant Inspection Authority ........................................................ 18 3. History of U.S. Humane Slaughter Initiatives ........................................ 21 4. Federal Humane Slaughter Law .............................................................. 29 4.1 Species Covered ....................................................................... 31 4.2 Methods Allowed ...................................................................... 32 4.3 Exemptions ............................................................................... 33 4.4 Application ................................................................................ 33 4.5 Penalties .................................................................................... 33 4.6 Regulations, Notices and Directives ......................................... 34 5. Enforcement of Federal Law in U.S. Plants ........................................... 39 5.1 Noncompliance Records ........................................................... 39 5.2 Reject Tags ................................................................................ 49 5.3 Notices of Intended Enforcement and Suspensions .................. 49 5.4 Withdrawal of Inspection ......................................................... 52 5.5 Analysis of Federal Enforcement Records ............................... 53 6. Enforcement of Federal Law in Foreign Plants ...................................... 59 7. State Humane Slaughter Laws ................................................................ 63 7.1 Species Covered ....................................................................... 64 7.2 Methods Allowed ...................................................................... 66 7.3 Exemptions ............................................................................... 66 7.4 Application ................................................................................ 67 7.5 Penalties .................................................................................... 68 i CRIMES WITHOUT CONSEQUENCES THE ENFORCEMENT OF HUMANE SLAUGHTER LAWS IN THE UNITED STATES 8. Enforcement of State Laws ..................................................................... 69 8.1 Analysis of State Enforcement Records ................................... 69 8.2 Application of Anti-Cruelty Laws ............................................. 75 9. Industry Slaughter Guidelines ................................................................. 83 9.1 Livestock Industry Guidelines .................................................. 83 9.2 Chicken Industry Guidelines .................................................... 83 9.3 Food Service Industry Guidelines............................................. 84 9.4 Compliance with Industry Guidelines ...................................... 85 10. Slaughter Standards under Animal Welfare Labeling Programs........... 89 10.1 American Humane Certified ................................................... 89 10.2 Animal Welfare Approved ...................................................... 90 10.3 Certified Humane .................................................................... 90 11. Conclusion ............................................................................................ 93 11.1 Federal Law ............................................................................. 94 11.2 Federal Enforcement in U.S. Plants ........................................ 95 11.3 Federal Enforcement in Foreign Plants ................................... 96 11.4 State Laws ............................................................................... 96 11.5 State Enforcement ................................................................... 97 Appendices A. Federal Regulations Related to Humane Slaughter ................... 99 B. Federal Plants Issued Suspensions and/or NOIE: January 1, 1998 to September 30, 2007 (table) .......................... 103 C. Federal Enforcement Case Studies: 2001 to 2007 ...................... 105 D. Excerpts from State Cruelty Laws ............................................. 124 E. Federal Plants Cited for Humane Slaughter Violations: October 1, 2002 to March 31, 2004 (table) ................................ 130 ii iii CRIMES WITHOUT CONSEQUENCES THE ENFORCEMENT OF HUMANE SLAUGHTER LAWS IN THE UNITED STATES LIST OF TABLES 1. U.S. Livestock Slaughter by Species ....................................................................7 2. U.S. Livestock Slaughter by State and Species ....................................................8 3. U.S. Poultry Slaughter by Species ........................................................................10 4. U.S. Young Chickens Slaughtered by State ..........................................................11 5. U.S. Young Turkeys Slaughtered by State ............................................................12 6. Federally Inspected Slaughter Plants by Species ..................................................14 7. U.S. Livestock Slaughter Plants by Type of Inspection: 1967 to 2007 .................15 8. U.S. Livestock Slaughter Plants by State and Type of Inspection ........................17 9. Slaughter Plant Inspection Authority ....................................................................19 10. FSIS Notices and Directives Related to Humane Slaughter .................................35 11. Federal Violations by Type ...................................................................................40 12. Federal Violations by Cause .................................................................................48 13. Federal Violations by Species ...............................................................................48 14. Summary of Federal Plant Suspensions ...............................................................50 15. Federal Suspensions by Type of Violation ...........................................................51 16. Federal Suspensions by Plant Size .......................................................................52 17. Federal Humane Slaughter vs. Food Safety Enforcement Actions .......................54 18. Federal Noncompliance Records and Suspensions by District ............................57 19. State Humane Slaughter Laws ..............................................................................63 20. Additional Animals Covered Under State Laws ..................................................65 21. State Enforcement Actions Related to Humane Slaughter ...................................70 22. State Communications Related to Humane Slaughter ..........................................71 23. Summary of State NRs ..........................................................................................73 24. State Anti-Cruelty Laws .......................................................................................75 25. Industry Audits of U.S. Cattle Slaughter Plants ...................................................86 26. Industry Audits of U.S. Pig Slaughter Plants .......................................................87 ii iii CRIMES WITHOUT CONSEQUENCES iv 1 CRIMES WITHOUT CONSEQUENCES Executive Summary Each year, about 10 billion chickens, turkeys, cattle, pigs, sheep and goats are killed for food in the United States. The common experience shared by all is slaughter. It is a process that takes place far from public view, and one that vegetarians and meat-eaters alike prefer to avoid contemplating. In his classic early 20th century novel, The Jungle, writer and social activist Upton Sinclair compared the American slaughterhouse to a dungeon where terrible crimes were committed “unseen and unheeded.” Despite the relatively limited attention given to the killing of animals for food, slaughter practices in the United States have come under increased scrutiny in
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