Old McDonald had a factory farm: how the US, UK and EU laws govern farmed animals

We idealise farms as full of roaming animals, all living happily together, grazing the pastures and fields, where the farmer and his animals are friends- a picture-perfect pastoral image. However, whilst some farms may be that very picture, there are many which are not and which would never feature in a child’s story book because they would be traumatising. Those farms are the concentrated animal feeding operations, or CAFOs, you may know as “factory farms”. Factory farming[1] is defined as: “a system of rearing livestock using highly intensive methods, by which poultry, pigs, or cattle are confined indoors under strictly controlled conditions.” Factory farming it is the dystopian anti-pastoral if ever there has been one.

There are markedly different legislative approaches to farmed animals, particularly in the the US and the EU and the UK. In the US, the legislation makes clear that farmed animals have no protection under the law for 99% of their lives, the 1% comes on the journey to the slaughterhouse and inside it. In contrast, the EU and the UK have more developed legislation which protects farmed animals during their lives on farms, as well as during transportation to and at slaughter, however, the legislation still only covers minimal requirements.

The US: how the American federal and state laws apply to farmed animals:

Life on the farm: welfare protection under the law:

Under the Federal Animal Welfare Act §2132 (g) the definition of “animal” excludes: “other farm animals, such as, but not limited to livestock of poultry, used or intended for use as food or fibre, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fibre.” This is quite a broad piece of legislation, and essentially has the result of explicitly excluding farmed animals from statutory protection under the only federal animal welfare law. As This means that for a large proportion of their lives, farmed animals are not protected by federal welfare legislation, leaving them without safety and meaning that human complainants have no right to complain about welfare abuses under federal law.

There are anti-cruelty statutes in most states which could give an alternative route to those wishing to protect animal welfare on the farms, however, they vary from state to state, as is the custom for state determined legislation. Many anti-cruelty statutes exclude farmed animals, for example, North Carolina’s anti-cruelty legislation contained in the North Carolina Gen Stat §19A-1.1 (3) states: “Lawful activities conducted for purposes of production of livestock, poultry, or aquatic species. Lawful activities conducted for the primary purpose of providing food for human or animal consumption…”, these then exclude farmed animals from protection because the activities like caging broiler hens, mass killing male chicks, are all lawful for the purposes of “providing food for human or animal consumption”.

Another reason farmed animals lack protection at the state level is due to the fact that “standard practices” of “animal husbandry” will be excluded from the anti-cruelty legislation, again, removing an avenue that animal advocates could take to try to help farmed animals. This can be seen in Kansas’ anti-cruelty legislation, Kansas Stat Ann. S 21-6412, 2(c)(6): “The provisions of this section shall not apply to: with respect to farm animals, normal or acceptable practices of animal husbandry, including the normal or accepted practices for the slaughter of such animals for food or by-products and the careful or thrift management of one’s herd or animals, including animal care practices common in the industry or region…”. As a result, de-beaking poultry to prevent marked meat, dehorning cattle, farrow crating for sows etc. are often not covered in legislation as they are believed to be “standard” or normal “animal husbandry”.

Therefore, farmed animals do not have a great deal of protection under state or federal level legislation whilst they live out their short lives on the farm.

How does the US regulate transport of farmed animals and what are the exceptions? Farmed animals in the US do have some protection when they are transported to slaughter. Under The Humane Transport Act (49 USC §80502), also known as the “28 hour law”, animals may not be confined in “a vehicle or vessel for more than 28 consecutive hours without unloading the animals for feeding, water and rest”. The animals have to be allowed to rest for 5 consecutive hours, which is often essential given the fact that many animals will travel across vast swathes of the US from farm to slaughter. The Humane Society US challenged an argument that lorries were excluded under the legislation, and so would not have to comply with the transportation laws and could disregard the welfare of the animals, because they were not the “vehicles'' intended by the legislature when drafting the law. However, the organisation received a ruling that confirmed that lorries and trucks would fall under the terminology of “vehicles”. But, there are exceptions to the legislation. If animals are transported with food, water and adequate space the 28 hour rule does not apply, similarly an owner of farmed animals in transit can request for an extension up to 36 hours, sheep can be confined for a further 8 hours on top of the initial 28 if the period ends at night-time.

So, whilst there is protection, it is easily undermined and it is very difficult to regulate and enforce legislation such as this because no one follows each individual animal transportation vehicle, it would be simply impossible given the number of animals transported to slaughter each day in the US, which is roughly 25 million per day in the US in 2019, or 9 billion a year[2].

Does the US regulate slaughter of farmed animals? Humane Methods of Slaughter Act (7 USC §§ 1901-1907) sets out: “No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane.”

Either of the following two methods of slaughtering and handling are hereby found to be humane under this legislation:

a)in the case of cattle, calves, horses, mules, sheep, swine and other livestock, all animals are rendered indispensable to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown or cast or cut; or

b)by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anaemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.”

However, there are concerns raised over the fact that with the growth of CAFOs and the speed at which production lines must move to meet demand that it is unclear whether these standards are met in all circumstances and there are often news stories published through whistle-blowers or undercover investigations which highlight the fact that many farmed animals in fact suffer horrific abuse before they are finally released from this world.

The EU: How the European Union regulates law on farmed animals:

Welfare at the EU level: In contrast, the EU has legislation which protects farmed animals whilst on the farm. There are five key European Directives on farmed animals. First was the 1998 Council Directive 98/58/EC on the protection of animals kept for farming purposes. This Directive brought into effect rules for the protection of animals of all species kept for the production of food, wool, skin or fur or other farming purposes and also included fish, reptiles and amphibians, which is quite progressive for legislation in the 1990s. The Directive was based on the European Convention for the Protection of Animals Kept for Farming Purposes which has been ratified by all European countries and relates predominantly to the housing, feed and care appropriate to the needs of the relevant animal.

In 2008 another Directive from 1998 which focused on calves was consolidated to form the Directive 2008/199/EC which set out further minimum standards for the protection of confined calves intended for human consumption. However, when one reads the Directive, it does raise some cause for concern. It only applies to calves up to 6 months old, it allows for calves up to 8 weeks to be individually penned only with the ability to see other calves and have “tactile contact”, which one imagines is quite difficult when separated by a physical barrier, bedding is also only compulsory for calves up to 2 weeks, otherwise calves legally can be left to lie on nothing but the floor. It also only gives them the right to enough space to “lie down, rest, stand up and groom without difficulty” and doesn’t necessitate natural light, stating that artificial light from 9-5 is sufficient. So, whilst it is good there is some protection, when digging a bit deeper, it is clear there is considerable room for improvement.

Then came Directive 2008/120[3] on pigs, which consolidated Directive 91/630/EEC which relates to everything from breeding sows to fattening pigs for slaughter. As of 2013, the Directive requires sows and gilts to be kept in group housing for at least a certain period of their lives, which is an improvement from the time when sows could be kept confined in crates for all of their lives, without being able to move or turn over.

Then Directive 1999/74/EC, which sets out the minimum protections for laying hens, which EU Member States can legislate over and above to provide greater protections than the de minis rules set out here. However, this legislation does not apply to farms with less than 350 laying hens or establishments rearing breeding laying hens[4]. But, it did require from January 2012 for unenriched cages (a space of 550cm2 per hen, about the size of ¾ of an A4 piece of paper) to be banned after a transitional period. Alternatively, enriched cages are now required which must have enrichment materials and at least 750cm2 per hen. This Directive is linked to legislation on egg marketing, which requires labelling from 0-3 to inform consumers of the production system used to obtain the eggs.

Finally, there is Directive 2007/48 on chickens for meat production. “The directive establishes a maximum stocking density of 33 kg/m2 with a possibility of extension up to 39 kg/m2 and 42 kg/m2 depending on the quality of the management and the results of the monitoring on the animals. Member States are expected to establish a system of monitoring on farms and at slaughterhouses (based on the lesions observed after slaughter).”

Transportation from farm to slaughter:

Regulation (EC) No 1/2005 sets out the responsibilities of all parties involved in the transport of live animals entering or leaving the EU and it complements the Council Directive 91/628/EEC from 1991. But, the Regulation and Directive did not have animal welfare as their primary consideration, instead the main objective was to “eliminate the technical barriers to trade in live animals and to allow market organisations to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned”, animal welfare was an afterthought.

Regulation 1/2005 Regulation 11 explains that “animals must not be transported in a way likely to cause injury or undue suffering to them”. There are administrative requirements under the law which allow for authorities to conduct checks on vehicles, to require certificates of competence from transporters, and the transporters must comply with requirements on journey logs, which are applicable for livestock being transported for journeys over 8 hours between at least two Member States. Pigs and horses may also not be transported for more than 24 hours without a stop for feed and water.

So, much like the US, there are rules regarding transport, which means farmed animals do have some level of protection at this point in their lives.

Slaughter:

In 2009, the EU adopted Council Regulation (EC) No 1099/2009 on the protection of farmed animals, at the time of killing which applies from January 2013 and consolidated a Directive from 1993. The aim of the legislation was to reduce the suffering of animals at the time of slaughter.

Recently, in 2020, the Court of Justice of the EU stated that states could ban Kosher and Halal ritual slaughter without infringing on the rights of these religious groups, so long as the country does so in a way which does not contravene the Charter of Fundamental Freedoms.[5]

But, much like the US, there are concerns about production speeds and intensified farming which could put the welfare of farmed animals at risk.

The UK: How does domestic legislation protect farmed animals?

In the UK, much like the EU, there is legislation which protects farmed animals and offers protection throughout their lives, which is a stark contrast to the legislation in the US. This can be found under the Welfare of Farmed Animals Regulations (2007), as well as provisions relating to farmed animals contained in the Animal Welfare Act 2006.

The Welfare of Farmed Animals Regulations 2007 applies to all animals bred or kept for the production of meat, wool or skin and place a number of general duties on those charged with their care, as well as additional duties for those in the care of poultry, laying hens, calves, cattle, pigs and rabbits in certain circumstances. The general duties include ensuring that animals have sufficient food and water, as well as what it is and is not appropriate to feed the relevant animals, as well as ensuring that animals have sufficient light, space to move around and if they are kept outside that the animals have protection from adverse weather conditions and adequately drained lying areas.

However, despite the increased welfare protection, the UK does still legally allow farrowing crates, where pigs are kept from birth until the full weaning of the piglets. In 2020, an MP unsuccessfully attempted to insert a provision into the Agriculture Bill which would have made the use of farrowing crates illegal. The reason for the ban was due to concerns from DEFRA that it would lead to greater EU imports of farrowed pigs, which are cheaper (as they require less land resource), which is similar to what happened in 1999 when the UK banned the use of dry sow stalls, which led to increased imports of pig into the UK from Denmark[6].

Failure to comply with the requirements under the Regulations or the Animal Welfare Act, which regulates cruelty to animals and ensures welfare standards are met, could result in criminal prosecution, which at least leaves some recourse for justice.

How does the UK regulate the transport of farmed animals?

The Welfare of Animals (Transport) (England) Order 2006, and its equivalent in the devolved nations, sets out some of the laws relating to the transportation of farm animals. The Order covers the transportation of vertebrates for economic activity (which farming will fall under). There are specific duties set out which ensure adequate space, food, water and that sick or injured animals be treated before undertaking a journey. There are additional duties on those transporting certain farm animals such as pigs and poultry, ensuring that the vehicles are adequate, and that adequate water and feeding facilities are available, as well as specific ramp angles for the animals to embark and disembark.

However, there are still concerns that the transportation legislation does not adequately protect the welfare of the animals being transported. As a result, the Government had launched a consultation on the ban of live animal exports, which will now be put into effect. This should be welcomed given the tragedies we have seen recently of the cows that drowned off the coast of Asia whilst being transported to slaughter, the sheep in South Africa which were stuck in port for weeks before being shipped to slaughter, the cows that no European country would accept due to fear of disease (even though it was humans who loaded them into unsanitary conditions in the first instance) and the farmed animals stuck for days in the Suez canal during the recent blockage. In April 2021, New Zealand announced it would be banning the live transport of animals to slaughter, and South Africa is consulting on the issue as well.

Does the UK regulate the slaughter of farmed animals? The Welfare of Animals at the Time of Killing (England) Regulations 2015, and its equivalent in the devolved nations, sets requirements on the slaughtering of animals. Under section 16(c)(i) it is a requirement that anyone holding a licence under this Regulation is competent to carry out the operation in respect of the category of animal and (where appropriate) the type of equipment for which a licence is sought should be used in a way that prevents causing an animal avoidable pain, distress or suffering.

As with the US, the growth of “Mega-farms” in the UK causes concern over whether this legislation is upheld in all circumstances and in April 2021, footage emerged of calves being abused, probably before slaughter if they are male, in a processing unit in Gloucestershire.

Animals are meant to be stunned before slaughter to ensure t physical and psychological impacts for the animals are as limited as possible. However, there are exemptions in relation to slaughter for religious reasons. Although the UK has left the EU, it should be noted that in December 2020, the European Court of Justice ruled that EU member states could legally ban stun-free slaughter, despite initial opposition from various religious groups. It will remain to be seen whether the UK adopts this ruling.

Conclusion: What the above shows is that the US, the EU and UK all have remarkably different approaches to how their laws do or do not protect farmed animals at different points in their lives. What is also clear is that even though there are laws which exist to protect farmed animals at different stages of their lives, that these laws are definitely open to improvement to better the welfare of farmed animals.

You can helped farmed animals by ensuring that you do not endorse products from factory farms, by openly engaging in conversations with your friends and family about the reality that many farmed animals face and to openly engage in a respectful and calm dialogue with farmers you may have witnessed who have not upheld their duties under the law.

[1] Oxford English Dictionary. [2]http://www.animalmatters.org/facts/farm/#:~:text=More%20than%20nine%20billion%20farm,the%20United%20States%20last%20year.&text=Approximately%2025%20million%20farm%20animals,day%20in%20the%20United%20States. [3]https://www.fondation-droit-animal.org/proceedings-aw/the-european-union-legislation-on-animal-welfare/ [4]https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l12067 [5]https://www.politico.eu/article/eu-states-can-ban-kosher-and-halal-ritual-slaughter-court-rules/ [6] https://www.thepigsite.com/news/2020/03/attempt-to-ban-farrowing-crates-in-uk-agriculture-bill-rejected