Brooks Law Digest: Confinement

H.R. 6883 proposes to shield meat processing facilities from liability during the COVID-19 pandemic. The full text of the measure is not yet available.

Senator Elizabeth Warren announced that she will co-sponsor the Farm System Reform Act, legislation introduced in 2019 that would both prevent the construction of any new factory farms and require the closure of existing factory farms by the year 2040. The legislation would also amend the Packers and Stockyards Act of 1921 to bolster antitrust enforcement and require country of origin labeling.

H.R. 6718, introduced by Democrat Ro Khanna, proposes to place a moratorium on concentrated animal feeding operations and to require country of origin labeling on some animal products. The full text of the bill has not yet been released.

New York Assembly Bill A10399 and Senate Bill S8291 propose to indefinitely ban the operation of markets that sell freshly slaughtered animals, sometimes referred to as wet markets. The legislation also proposes the formation of a task force to address public health and animal welfare concerns of slaughterhouses.

A California federal judge has dismissed a suit challenging the state’s ballot initiative banning the sale of meat made from animals born to sows kept in confinement. The court found that the law does not violate the Commerce Clause because “it does not target solely interstate commerce and it regulates in-state and out-of-state conduct equally.”

Canadian organization Animal Justice has filed a complaint with the Competition Bureau of Canada and the Canadian Food Inspection Agency, alleging that King Cole Ducks’ advertisement of its products as humane is misleading. The complaint follows a live rescue effort conducted at the company in February.

The Humane Society of the United States has filed suit against the United States Department of Agriculture, alleging that the agency’s failure to comply with the National Environmental Policy Act and Administrative Procedure Act with regard to its methods of controlling animal-borne diseases puts the American population at risk.

Colorado House Bill 1343 would require that hens used to produce eggs be allowed a minimum amount of space per hen by 2022 and to be confined in cage-free housing by 2024. The bill would also ban the sale or purchase of eggs produced by hens confined in a manner that conflicts with these standards, effective January 1, 2022.

New Jersey Assembly Bill 1971 would make confining a pregnant pig in a way that does not allow her to turn around, lie down, stand up, or fully confine her legs a disorderly persons offense, punishable by $250-$1000 in fines and up to six months imprisonment, or both. The legislation includes many exemptions, including the use of farrowing crates, use during medical research, use during transportation, use during exhibition (including 4-H), confinement for “no more than eight hours in any 24-hour period,” and “proper care of the gestating sow during the 10-day period prior to the expected date of the gestating sow giving birth.”

Arizona House Bill 2724 would ban the sale of eggs laid by confined or caged hens, whether the eggs originated in or out of the state. The bill would require more space for hens (at least one square foot per bird) by the end of 2020, and the full ban would go into effect at the end of 2024.