Farmed Animal Watch
A Project of Animal Place

November 7, 2002                                                     (To Search This Page Press Ctrl F)
Issue #92


CONTENTS


1. Gestation Crate Ban Passes
2. Cockfighting Banned in Oklahoma
3. Federal Efforts Against Cockfighting
4. Newcastle Disease Update/Cockfighting Connection
5. Expose': Nonambulatory Animals & the USDA
6. Inspectors Cautioned Against Stopping Slaughterlines
7. Cited Slaughterplants Not Taking Effective Action
8. Meat: Risks, Costs, and Suggestions
9. Man Gets 10-Year Prison Term for Animal Assault
10. Conference: "Our Animals and Their Plight"


1. GESTATION CRATE BAN PASSES
Floridians approved a ban on gestation crates for pregnant pigs with a 55% vote (see issue #51) amending the state's constitution. The ban prohibits pregnant pigs from being kept in enclosures that are too small for them to turn around in. Florida is the first state to put any limitation on the intensive confinement of farmed animals. About 64% of the country's 80,000 pig operations use the crates. (In September, more than 900,000 sows gave birth in the U.S.) Of Florida's 10 commercial pig operations, only 2 use the crates and one is reportedly going out of business. Advocates hope the ban will prevent large-scale pig operations from opening in Florida, and that other states will follow suit. An attempt to ban gestation stalls in Oregon earlier this year failed to obtain enough signatures to make it onto the ballot.

"Animal rights groups applaud Florida hog crate ban," Reuters, November 6, 2002
http://www.forbes.com/business/newswire/2002/11/06/rtr786169.html
"Oregon Stall Ban Defeated," National Hog Farmer, Joe Vansickle, August 15, 2002.
http://nationalhogfarmer.com/ar/farming_oregon_stall_ban/index.htm


2. COCKFIGHTING BANNED IN OKLAHOMA
With 55% of the vote, Oklahomans banned cockfighting in their state. In addition, with 53% of the vote they rejected a proposal to nearly double the number of signatures needed to get animal protection initiatives on future ballots (see issue #85). The ban makes it a felony, punishable by up to 10 years in prison, to participate in cockfighting, possess equipment or facilities for it, or keep birds for that purpose. Cockfighting was approved in Oklahoma in 1963 when the state Court of Criminal Appeals ruled that fowl were not animals. Now, only Louisiana and New Mexico still allow cockfighting. Proponents say the petition process for the recent ballot initiative was illegal and they will pursue it in federal court.

"Oklahoma bans cockfighting," Associated Press, November 6, 2002.
http://www.news-star.com/stories/110602/New_37.shtml


3. FEDERAL EFFORTS AGAINST COCKFIGHTING
The Farm Bill, passed earlier this year, bans interstate and international transport of fighting roosters, with a maximum penalty of $15,000 per bird. Last month, legislation was introduced in the Senate to amend the Animal Welfare Act to increase penalties for violations of federal anti-animal fighting law, prohibit the interstate shipment of cockfighting implements, and update language regarding the seizure and disposition of animals used for fighting. A companion bill is in the House. The felony provision is being sought since prosecutors are often unmotivated to pursue misdemeanor offenses. In over 25 years, the federal government has pursued only 3 dogfighting and no cockfighting cases.

In California, it is a misdemeanor to keep birds for fighting or participate in such activity. However, unless law enforcement officers can link roosters on a property with cockfighting, or find fighting paraphernalia nearby, they can't search said property. A lengthy article in the Napa Valley Register discusses the illegal practice of raising roosters in California to sell for cockfighting in Mexico.

"Senate Introduces Animal Fighting Bill," Humanelines, October 17, 2002.
http://www.hsus.org/ace/15478
"Oklahoma bans cockfighting," Associated Press, November 6, 2002.
http://www.news-star.com/stories/110602/New_37.shtml

"Fighting Cocks May Be Exported to Mexico," Napa Valley Register, Roseann Keegan, 10/27/02
http://www.napanews.com/templates/index.cfm?template=story_full&id=1FBE1537-D22F-4F10-AC38-F3024E8C36C2
See also: http://www.napanews.com/templates/index.cfm?template=story_full&id=0D8A2DC9-A9D9-4F04-8D3C-3C015683AA00


4. NEWCASTLE DISEASE UPDATE/COCKFIGHTING CONNECTION
Authorities suspect that roosters smuggled from Mexico into California for cockfighting are the cause of the Newcastle epidemic currently affecting Southern California (see issue #90). Infected birds have been confiscated at the border. There is a thriving trade in these birds at swap meets and shows in the Los Angeles basin. The Ca. Department of Agriculture has suspended all poultry exhibitions at fairgrounds, and has requested a halt on the movement and sales of "backyard birds." [As of the beginning of the month, approximately 9,600 affected and exposed birds had been killed because of the disease. Up to 200 people on any given day are involved in the eradication and control effort.] It is feared that the disease could spread to the state's $1 billion/year commercial poultry industry. The virus is often spread by vaccination and beak cutting crews, manure haulers, and employees. A 1971 epidemic led to the killing of 12 million birds at a cost of $56 million. Trade from the state has already been restricted by some countries.


"Exotic Newcastle Disease Strikes Game Birds in California," The Journal of the American Veterinary Medical Association, R. Scott Nolen, November 15, 2002.
http://www.avma.org/onlnews/javma/nov02/021115b.asp


5. EXPOSE': NONAMBULATORY ANIMALS & THE USDA
KIRO 7 Eyewitness News recently broadcast a report of its months-long investigation of a slaughterplant in southern Washington. The station videotaped USDA meat inspectors routinely
allowing suspect animals to enter the plant, some too sick or injured to stand. The report explains: "Because downers can't walk into the plant, they are routinely shoved, dragged and hoisted while still alive....[One] old dairy cow was dragged from [her] trailer into the parking lot. There [she] struggled in pain for about five minutes before being lifted off the ground by [her] neck. Workers swung the wide-eyed, still kicking animal straight into the plant while a white-coated USDA meat inspector watched." Midway Meats owner Bill Sexsmith claims such animals are "anesthetized" with a captive bolt gun prior to being hoisted from the vehicle they arrive on, but the investigators say they witnessed either ineffective stunning or no stunning at all.

The USDA considers nonambulatory animals to be "high-risk" or "suspect," but allows them to be inspected for use in the human food supply. Congress recently banned the use of meat from these animals in the school lunch program. Federal law requires that animals in a dying condition be condemned. Former USDA veterinary trainer Lester Friedlander says federal meat inspectors, under pressure from plant owners and the USDA, routinely ignore this food safety regulation. KIRO's report considers food safety implications, noting that "Downers are delivered by pick-up truck to slaughter horizontally, in a pile of manure." Dr. Friedlander comments: "When [she's] dragged across the ground, you see what kind of environment [she's] in....feces, urine and mud....then all of a sudden [she's] going to be fed to your kids." He believes this is the main source of fecal contamination.

KIRO tells that weeks before the broadcast, it had offered to show several hours worth of unedited tape to the USDA. The agency refused the offer. In the 3 weeks prior to the broadcast, the station called and spoke with at least 6 federal investigators about the matter, including the agent in charge of West Coast investigations. After the report aired, the USDA sent KIRO a fax stating: "Your station repeatedly refused to provide any evidence or even the name of the plant in question, thus completely impeding our ability to conduct an investigation." KIRO counters that, in addition to its communications with the agency, its September 5th Freedom of Information Act request to the USDA for inspection reports and other information about Midway Meats has yet to be fulfilled.

KIRO and Pasado's Safe Haven are petitioning the Attorney General of Washington for animal cruelty charges to be filed against Midway Meats. The National Meat Association has pledged its support for this "very small slaughter plant that is viewable from Interstate 5."

"Meat From Dying, Sick or Diseased Cows Getting into Food," KIRO 7 Eyewitness News, Chris Halsne, October 31, 2002.
http://www.seattleinsider.com/partners/kirotv/specialreports/downers.html
"Downer Cows' Treatment May Be Illegal," KIRO 7 Eyewitness News, Chris Halsne, 11/1/2002.
http://www.seattleinsider.com/partners/kirotv/specialreports/downers_3.html

"Volatile Reaction from Viewers, Feds, to Meat Investigation," KIRO 7, Chris Halsne, 11/1/02.
http://www.seattleinsider.com/partners/kirotv/specialreports/downers_2.html
"Spurious Statements," Herd on the Hill (NMA), Kiran Kernellu, November 4, 2002.
http://www.nmaonline.org/PUBLICATIONS/Newsletters/Headlines/headlines.html
(Article not yet available on-line.)


6. INSPECTORS CAUTIONED AGAINST STOPPING SLAUGHTERLINES
Consumer advocates and union officials are calling on the USDA to disavow instructions given to meat inspectors in Kansas. The instructions reportedly cautioned inspectors that they could be held accountable for lost production if they failed to justify slowing slaughterplant lines, whether to examine possible fecal contamination or to wash their hands. The USDA could not confirm that the instructions were part of an official document. The memo was made public by the meat inspectors union, and is said to have been distributed by 2 USDA veterinarians to inspectors at the Farmland National Beef Packing Company in Liberal, Kansas. (Twenty percent of the red meat in the U.S. is produced in Kansas.) The memo states: "stopping production for 'possible' cross contamination.is unjustifiable unless you can verify that there is direct product contamination. Verification is OBSERVATION of gross contaminate not SUSPECTED contaminate....verifiable ingesta or feces is as follows: a material of yellow, green, brown or dark color that has a fibrous nature." An inspector spokesperson cautions that "a small smear of feces can have deadly consequences just as easily as an amount large enough to have 'a fibrous nature,'" and that the odds of contaminating employees, machinery and other matter are increased if immediate action is not taken when a problem is suspected. The memo can be accessed via the Public Citizen link below.

"Critics Take Aim at Guidelines on Standards for Food Safety," The New York Times, Elizabeth Becker, November 2, 2002.
http://www.nytimes.com/2002/11/02/politics/02MEAT.html
"USDA Tells Inspectors to Give Deference to Meat Companies, Stop Production Lines Only in Certain Circumstances," Public Citizen press release, October 31, 2002.
http://www.citizen.org/pressroom/release.cfm?ID=1260


7. CITED SLAUGHTERPLANTS NOT TAKING EFFECTIVE ACTION
The slaughterplant to which the lethal Listeria outbreak was traced (see issue #89) had been cited for more than 40 sanitary violations since January. (Last month, the plant recalled 27.4 million pounds of cooked meat, constituting the largest meat recall in history.) According to internal inspection documents, "corrective actions were either not implemented or ineffective." Consumer advocates say the spotty sanitation record is similar to that of many large meat-processing plants around the country. Garry McKee, the new administrator of the USDA's Food Safety and Inspection System, says the recall "was a wake-up call for the industry," and that some companies "haven't been responding to what needs to be done to fix the problems." McKee also warns that too many processors are not proving that their self-monitoring systems work (see issue #78), noting "Some are not even recognizing that pathogens exist." A July GAO draft report notes that some inspectors allowed hazards to remain for months without insisting on corrective action. The most common repetitive violation was for fecal contamination.

"Food Plant Cited Before Outbreak," Philadelphia Inquirer, Oliver Prichard & Aparna Surendran, November 3, 2002.
http://www.philly.com/mld/inquirer/4429354.htm
"How safe is that burger?" Consumer Reports, November 2002.
http://www.consumerreports.org/main/detailv2.jsp?CONTENT%3C%3Ecnt_id=163131&FOLDER%3C%3Efolder_id=18151&bmUID=1036695196945


8. MEAT: RISKS, COSTS, AND SUGGESTIONS
"How safe is that burger?" is the feature article in the current issue of Consumer Reports. Among its "Beefs about Beef," the extensive article examines microbial contamination, BSE (including inadequate testing of nonambulatory animals), antibiotics, hormones, and feedlot pollution. A taste test of veggie burgers is also included. (See item above for source information and link.)

"Appetite" is the title of the cover story of the current issue of Adbusters. It consists of a series of articles about food. This includes one on the environmental and societal cost of groceries, in particular beef, fish and genetically modified crops. The politics of the government's Dietary Guidelines and Food Group Pyramid are discussed in a brief piece entitled "A Diet Rich in Profit." Another one, "Food Fight," concludes with the segment "Expose," which comments on our "cold and inhumane" relationship with animals. It suggests: "So, let's bring the bite of reality back into our lives. Let's place photographs on packets of pork in the supermarket. Let's swing open the slaughterhouse doors. On CBS, NBC, CNN and ABC, let's run 30-second PSA's that show it like it is: chickens in their cages, cattle fattened on corn and antibiotics and then shot in the head. What are we afraid of? Let's move ever closer to the killing that's being done in our name, and finally, something surprising may happen: we may start feeling just a little more humane; a little closer to the sacred cycle of life and death."

"Appetite," Adbusters, November/December 2000.
http://www.adbusters.org/magazine/44/index01.html


9. MAN GETS 10 YEAR PRISON TERM FOR ANIMAL ASSAULT
After finding him guilty of stealing and killing a chicken he sexually assaulted, an Indiana judge sentenced Michael Bessigano to 10 & ½ years in prison, the maximum possible. Due to his prior criminal record of animal abuse and theft, Bessigano was deemed a habitual offender and convicted of a felony charge of cruelty to an animal. The 32-year-old man is known to have at least a 10-year history of abusing animals, including other birds and dogs. His lawyer said Bessigano had spent nearly 3 years as a patient in a mental hospital without being properly evaluated. Having already served 525 days for this offense, he could be paroled in 4 years. His conviction is being appealed and his case passed on to another public defender due to workload.

"10-Year Sentence in Death of Chicken," The Times, Bob Kasarda, November 5, 2002.
http://www.thetimesonline.com/articles/2002/11/05/news/top_news/411fc52df3220a2486256c680002fb3a.txt
"Animal Abuse Case Set for Trial," The Times, Bob Kasarda, October 9, 2002.
"Bessigano to Appeal Conviction," News Briefs, The Times, November 7, 2002.
http://www.thetimesonline.com/articles/2002/11/07/news/porter_county/7c2f7e392c330d4186256c6a0021dd29.txt


10. CONFERENCE: "OUR ANIMALS AND THEIR PLIGHT"
The theme of this year's Biodynamic Farming and Gardening Association Annual Conference is:
"Our Animals and Their Plight." The conference, to be held November 8-10th in Eugene, Or., the conference will consider "ways in which we keep and treat our domestic animals." The general fee is $125. For details visit: http://www.biodynamics.com or call: (888) 516-7797.