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Senate Approves Amendment to Federal Bill Expanding Carbon Tax Exemption for Farmers

Third reading debates on Bill C-234, a private member’s bill tabled by Conservative Member of Parliament Ben Lobb, continued on November 30th. The bill aims to broaden the existing fuel charge exemptions granted to farmers under the Greenhouse Gas Pollution Pricing Act. Senator Yuen Pau Woo, in his address, highlighted the House of Commons' rejection of a motion urging the Senate to promptly adopt the bill. Senator Marc Gold dismissed offensive remarks made by a Conservative MP, who suggested that senators should understand their role in a democracy and “go back to doing what they’re good at, which is being invisible.” Senator Woo expressed concern over potential intimidation, and Gold urged the Senate to continue its debate on Bill C-234 objectively and independently. During third reading debates on December 5th, an amendment that would exclude the heating and cooling of barns and greenhouses from the exemption was approved by a narrow margin. The amendment, previously rejected by the majority of Senators, passed with 40 Senators voting yes, 39 voting no, and none abstaining. Once the amended bill passes third reading in the Senate, it will return to the House of Commons for further debate.

Poultry Processor Agrees to Pay Millions in Back Wages and Damages for Violating Child Labor Laws and Retaliating Against Employees Who Cooperated in Investigation

The U.S. Department of Labor (DOL) announced the entry of a consent judgment in an enforcement action pending in the U.S. District Court for the Central District of California against The Exclusive Poultry, Inc., a California poultry processor that supplies major supermarkets and food distributors like Ralphs, ALDI, and SYSCO Corp., and against owner Tony Bran. The DOL found the defendants had violated child labor regulations by employing children as young as fourteen years old in dangerous jobs and for excessive hours and had retaliated against employees for cooperating in the investigation. Under the consent judgment, the defendants must pay $3.5 million in back wages and damages and $201,104 in civil penalties.

Fifth Circuit Upholds Texas Law Criminalizing Use of Drones Over Factory Farms

The U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of Texas’ drone privacy law, which prohibits the use of drones to “capture an image” of a person or private property with the intent to “conduct surveillance” and makes it unlawful to fly a drone above certain facilities deemed as critical infrastructure, including factory farms. The court, overturning a lower court ruling in favor of the journalist and two media organizations that brought the facial challenge to the statute, ruled that the no-fly provision does not require First Amendment analysis because flying a drone is neither speech nor “inherently expressive.” The court further ruled that the photography prohibition survives intermediate scrutiny because the government has a “substantial interest” in protecting privacy rights and the prohibition is “narrowly tailored” to that end. In rejecting the facial challenge, the court left open as-applied constitutional defenses to prosecution under the law.

Global Climate Conference COP28 Urged to Tackle Food Sector Emissions

Climate advocacy groups are urging nations at the 28th Conference of the Parties under the United Nations Framework Convention on Climate Change (COP28) in Dubai to commit to reducing emissions from the global food sector, responsible for nearly one-third of human-made greenhouse gas emissions. The conference, for the first time, has dedicated a full day to focus on food and agriculture. Advocates emphasize the importance of nations committing to robust actions to mitigate emissions from the food system in their national climate plans. They specifically highlight the urgent need to tackle methane emissions from livestock production and reduce food waste. Concurrently, leaked documents have brought to light a pro-meat communications plan by industry giants such as JBS and the Canadian Cattle Association, who argue that the cattle industry brings benefits for “both the environment and human nutrition.” These revelations come amid heightened global concerns regarding the environmental impact of livestock and a growing trend towards plant-based diets. Additionally, they closely follow a report by The Guardian exposing industry pressure leading to the censorship of Food and Agriculture Organization (FAO) reports on the role of cattle in greenhouse gas emissions.

Animal Rights Activists Arrested Following Sentencing of DxE Co-founder Wayne Hsiung

Three Direct Action Everywhere (DxE) activists, including Zoe Rosenberg, Conrad de Jesus, and Rocky Chau, were arrested outside a California courthouse after the sentencing of DxE co-founder Wayne Hsiung. Hsiung, an attorney, received a 90-day jail term and probation after being found guilty of felony conspiracy and misdemeanor trespassing at Sunrise Farms and Reichardt Duck Farm. The arrests suggest an increase in enforcement against animal rights activists, particularly those associated with the Right to Rescue movement, rescuing sick animals from factory farms. Rosenberg faces multiple charges, including six misdemeanor trespassing and seven felony charges.

Federal Ag-Gag Style Bill Passes House of Commons

Bill C-275, a federal ag-gag style bill sponsored by Conservative Member of Parliament and Agriculture and Agri-Food Committee Member John Barlow, has passed its final vote in the House of Commons. During third reading debates on November 22nd, Member of Parliament (MP) Caroline Desbiens expressed her concerns about the bill. Specifically, MP Desbiens raised questions about the federal government's jurisdiction concerning the bill's application. She advocated for additional committee scrutiny, emphasizing the need for a thorough examination of the bill's functionality and application. Similar concerns have been raised by animal law organizations like Animal Justice and AEL Advocacy, who note that the bill likely encroaches upon provincial jurisdiction by introducing an additional legal mechanism for prosecuting farm trespassers. Bill C-275 is now headed to the Senate for further study.

USDA Requires New Disclosures from Poultry Dealers to Poultry Growers

The U.S. Department of Agriculture (USDA)’s Agriculture Marketing Service announced a final rule amending the Packers and Stockyards Act regulations to require certain disclosures from live poultry dealers to poultry growers who raise chickens for meat. The rule requires additional disclosures from dealers who use poultry tournaments to determine grower payments. The rule will be effective February 12, 2024.

FSIS Extends Increased Line Speed Trials at Swine Slaughterhouses

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced a 90-day extension of time-limited trials allowing increased line speeds at six swine slaughter facilities. FSIS is extending the trials to enable continued data gathering for an FSIS-commissioned study about the impact of increased line speeds on worker safety.

New Records Expose Extensive EU Role in Controversial Live Animal Transport

Newly released documents shed light on the European Union's significant involvement in the contentious live farm animal trade. The records expose the extensive transport of millions of cattle, pigs, sheep, and more across Europe and globally, enduring journeys of eight hours or more, some lasting weeks. The findings, presented in a report by Compassion in World Farming and Eurogroup For Animals, coincide with the EU's upcoming amendments to live animal transport regulations, prompting calls for an embargo, strict journey limits, and a ban on transporting unweaned livestock.