Farmed Animal Watch
A Project of Animal Place

December 13, 2002                                                     (To Search This Page Press Ctrl F)
Issue #97


CONTENTS


1. Canada Rejects Animal Patenting
2. Tail Docking Found Ineffective
3. Factory Farming Series Continued
4. Suing Factory Farms & Feedlots
5. High Antibiotic-Resistant Bacteria Rate Found in Chickens
6. FDA's Antibiotic Proposal
7. Better Management Beats Drugs


1. CANADA REJECTS ANIMAL PATENTING
The Canadian Supreme Court has ruled 5-4 that animals cannot be patented. The December 5th decision arose from Harvard University's 17-year effort to claim ownership of a mouse genetically modified to be susceptible to cancer. At issue was whether the mouse is merely a "composition of matter," based on Canada's 133-year-old Patent Act. Life forms such as yeasts and molds have been patentable since 1982. The court determined that animals' capacity to display emotion separates them from more basic life forms and shows they are more than a composition of matter. "Higher life forms are generally regarded as possessing qualities and characteristics that transcend the particular genetic material of which they are composed," a prevailing judge wrote. About 1500 applications for plant and animal patents have been on hold pending the decision. They include a patent for a goat altered to produce milk with proteins used for drug manufacturing, ones for fish, cats, cows and other mammals. The "onco-mouse" has already been patented in the U.S., Japan, Australia, and numerous European countries. Harvard spokespersons warned that Canada may be left behind in the biotech race. The Canadian Biotechnology Advisory Committee, which advises the federal government on biotech issues, wants the Patent Act revamped to permit patenting of all but human life. Environmental, religious and animal-rights groups applauded the ruling. "Life is not a human invention and living beings should not be treated as commercial commodities," an environmental lawyer said.

"Animals Can't Be Patented: Top Court," The Ottawa Citizen, December 6, 2002.
http://canada.com/national/story.asp?id={7CC46E67-A4EC-46AE-B2C4-48C2E974D4A3}    


2. TAIL DOCKING FOUND INEFFECTIVE
Tail docking, the practice of cutting off much of a cow's tail, grew in popularity during the 1990's. (See: http://www.awionline.org/pubs/Quarterly/fall02/taildocking.htm and http://www.nal.usda.gov/awic/newsletters/v11n3/11n3tuck.htm ) Prominent consultants claimed it kept cows cleaner. Others expressed concerns about pain and behavioral effects (cows use their tails to signal to other cows). Tail docking is considered animal mutilation and several European countries have banned it. A recent study by the University of Wisconsin has found the practice offers no hygienic or health advantage. The findings, presented at a recent conference of the American Association of Bovine Practitioners (AABP), are supported by other research including a study by British Columbia researchers which appeared in the January 2001 issue of the Journal of Dairy Science (and see nal url above), Canadian research which suggested the procedure is carried out more for the benefit of the milker than the cow, and Purdue University research which found cows adopted alternative fly-avoidance behaviors such as foot stomping. The article notes "If clean is what you want, you can get a lot more bang for your buck by keeping the cows' environment clean rather than docking their tails." It concludes: "The cumulative body of research on tail docking speaks loudly. The early reported benefits do not exist, and tail docking is now more of a producer preference than a cow cleanliness/udder health issue....the dairy industry should eliminate the routine practice of docking tails."

"Tail Docking Makes Little Sense," Dairy Herd Management, Thomas Quaife, October 16, 2002.
http://www.dairyherd.com/news_editorial.asp?pgID=724&ed_id=2190
"Studies offer scientific appraisal of tail docking effects in dairy cattle," The Journal of the American Veterinary Medical Association, Susan C. Kahler, December 15, 2002.
http://www.avma.org/onlnews/javma/dec02/021215f.asp
See also: "Tailing Docking for Cattle," Cooperative Extension, Penn State University.
http://www.inform.umd.edu/EdRes/Topic/AgrEnv/ndd/health/TAIL_DOCKING_FOR_CATTLE.html


3. FACTORY FARMING SERIES CONTINUED
The Dayton Daily News (DDN) series on megafarms (see issue #96) prompted Ohio State Representative John J. White (R) to initiate legislation to examine the impact they have on the state's air, quality of life, and ability to control disease. The legislation, to be introduced in January, calls for a task force to study air quality and other issues not addressed by Ohio's new rules governing factory farms. Noting the economic importance of large agricultural operations, Governor Taft expressed faith in the new state law which goes into effect in July whereby the farm permitting program will be transferred from the state EPA to the agriculture department. The director of Ohio's Department of Agriculture points out that the federal EPA has contracted with the National Academy of Sciences (NAS) to examine related air quality issues. He feels such a scientific body is needed to conduct the study. In January, a former megafarm owner will begin presiding over the Ohio Senate.

Half of the 46 states with huge agricultural operations don't require them to meet air-quality standards, and only 4 states enforce limits on toxic gas from them. Only 18 of them have conducted a formal inventory to locate such operations within their state. A survey of the 46 states can be accessed on the DDN web site.    

In one article, year-round grazing of cattle is promoted over feedlots. OSU animal science professor David Zartman explains that cows kept on concrete develop foot and leg problems, are more susceptible to mastitis, and have lower reproduction rates. The annual replacement rate in confinement dairies is 30-35% versus 18-22% for cows allowed to graze. Zartman believes potential health and environmental benefits of grazing outweigh lower production rates.  

Two more articles in the series focused on egg production. One article focuses on Buckeye Egg Farms, Ohio's largest egg company, which "has earned a national reputation - for environmental irresponsibility" (see issue #64). The other examines the egg industry structure. According to an egg industry lobbyist, 15 years ago there were 2,500 U.S. egg "producers," now there are 300. Companies with 5 million hens accounted for 44% of the total U.S. hen population in 2001, up 27% from a decade ago. The country has been experiencing excess egg production which has depressed prices since Easter of 1999. New welfare guidelines which increase the amount of cage space allotted to hens are expected to reduce egg production and increase prices. However, if large companies expand, prices could be kept low, driving more out of the industry. 

A DDN editorial urges the public to vigilantly pursue environmental accountability from megafarms, and suggests basic steps to be taken. On December 11 e milker than the cow, and Purdue th, the paper published 7 letters in response to the series, all of which were critical of factory farming.

"Down on the Farm," Dayton Daily News, December 3-8, 2002, Ben Sutherly et al.
http://www.activedayton.com/ddn/project/farm/index.html


4. SUING FACTORY FARMS & FEEDLOTS
Iowa is the nation's largest pig and egg producer, and the third largest producer of beef. As long as confinement operations abide by construction and manure management laws, it is legally assumed  they are not creating a nuisance. There are no standards regulating air quality or pest management, and nearby residents seeking redress for fly plagues and the like must prove in court that the nuisance created by the operation unreasonably and continuously interferes with their life or property, and does so as a result of negligent management. Unsuccessful plaintiffs are required to pay the defendants' legal fees. According to a 1995 state law, "The general assembly has balanced all competing interests and declares its intent to protect and preserve animal agricultural production operations." Justices in a 1998 Iowa Supreme Court case ruled that one Iowa law which provided nuisance suit protection was "flagrantly unconstitutional." This article details a current case contending with the 1995 law, which goes to court in January. 

Residents of Custer County, Nebraska, where license plates used to boast "The Beef State," are contesting a cattle feedlot of 80,000 animals which creates a "fecal fog" of atomized manure dust. Custer County has respiratory disease rates that are 151% higher than the state average. Health officials say this could be due to the county's large elderly population or other causes. Feedlot regulations, which are being updated, were written in 1974 when such large operations were virtually unknown. According to the USDA, the largest feedlots, those with a capacity of 32,000 or more animals, are the fastest growing category. They grew in number from 73 in 1990 to 118 in 2001, and now produce nearly half the cattle fattened in feedlots. The largest have capacities of more than 100,000 animals. See also: http://www.avma.org/onlnews/javma/dec02/021215g.asp

"Farm or factory?" CropChoice, Hilary Mertaugh, December 9, 2002.
http://www.cropchoice.com/leadstry.asp?recid=1179
"A City of Meat in a 'Fecal Fog,'" The Hartford Courant, November 25, 2002, Mike Swift
http://www.meatpoultry.com/newsfinder.asp?layout=story&gid=1130000913&did=479D-DTK0-010F-04GN-00000-00&cid=480004048


5. HIGH ANTIBIOTIC-RESISTANT BACTERIA RATE FOUND IN CHICKENS
Consumer Reports had 484 chickens bought from 25 cities nationwide tested for the types of bacteria most likely to cause food poisoning. Campylobacter was found in 42% of the birds and Salmonella was found in 12%. Five percent had both and 51% had neither. While these results were significantly better than a similar test conducted in 1997, 91% of the Campylobacter and 34% of the Salmonella was found to be resistant to one or more antibiotics used for human medicine. This indicates that the 1.1. million Americans sickened each year from chicken may suffer longer and more serious illness requiring more drugs and expense to treat. (A chart of specific results of the wide variety of chicken brands tested is included in the article. Results of similar testing recently carried out by 2 nonprofit groups can be found at: http://www.iatp.org )

The use of antibiotics as growth promoters and for disease control in farmed animal production is criticized as causing increasing antibiotic resistance in bacteria. As early as 1952, a Scientific American article warned that "chicks raised on antibiotics may develop resistant bacteria and poison people who eat them." This suspicion was confirmed by CDC researchers in 1998. The article explains how antibiotic-resistant bacteria infects humans and what  e milker than the cow, and Purdue precautions are being taken during poultry processing. Among other measures, Consumer Reports recommends Congress ban subtherapeutic uses of medically important drugs in farmed animals. A spokesperson for the Animal Health Institute (AHI), which represents animal pharmaceutical companies, argues against this, stating "In addition to making farmers more efficient, there is also a disease prevention role....when you stop that use, those animals get sick." One antibiotic the FDA did ban for poultry remains on the market while its manufacturer, Bayer, fights the ban.

"Of Birds and Bacteria" (Chicken Safety), Consumer Reports, January 2003.
http://www.consumerreports.org/main/home.jsp
"Magazine Finds Harmful Poultry Bacteria," Associated Press, Emily Gersema, Dec. 11, 2002.
http://www.newsday.com/news/politics/wire/sns-ap-chicken-bacteria1211dec11.story


6. FDA'S ANTIBIOTIC PROPOSAL
In September, the FDA proposed that companies submitting new animal drugs to the agency for approval determine their potential to promote antibiotic resistance in humans. The November issue of National Hog Farmer features a number of articles about antibiotics. In one, industry representatives criticize the FDA's proposal for its subjectivity, "lack of science," and excessive risk estimates. A past president of the National Pork Producers Council states, "On today's farms, without being able to group medicate, it is simply too costly and not physically feasible to individually administer antibiotics, that under the proposed guidance, will be approved for use." 
 
"Draft Guidance for Industry: Evaluating the Safety of Antimicrobial New Animal Drugs With Regard to Their Microbiological Effects on Bacteria of Human Health Concern," FDA, 09/13/02.
http://www.fda.gov/cvm/antimicrobial/antimicrobial.html
"Critics Resist FDA's Drug Plan," National Hog Farmer, Joe Vansickle, November 15, 2002.
http://nationalhogfarmer.com/ar/farming_critics_resist_fdas/index.htm


7. BETTER MANAGEMENT BEATS DRUGS
Research in the 1960's suggested that killing bacteria in an animal's gut with antibiotics allowed more food to be converted to flesh, increasing productivity. However, in 1995 Professor Henrik Wegener and his colleagues at the Danish Veterinary Institute discovered that bacteria in the animal's intestines developed strong resistance to the antibiotics. The resistant bacteria then found their way into the human population, causing difficult-to-treat infections. At a recent medical conference, Wegener explained the results of a voluntary ban on subtherapeutic antibiotic use in animal feed which has been in place in Denmark since 1995. Researchers found a dramatic drop in the incidence of antibiotic resistance in farmed animals 3-5 years after the drug use was curtailed. Good husbandry was found to boost productivity more than did the use of antibiotics as growth promoters. Improved management, such as better hygiene and sanitation, offset the theoretical loss of production from the removal of antibiotics from the feed. A meeting of E.U. agricultural ministers later this month will decide whether to ban the use of antibiotics in feed altogether. Wegener noted, "Farmers respond to public health risks. If they fear the consumers will turn against their products, they will do anything."            

A recent report on antibiotics in animal agriculture by the American Academy of Microbiology includes among its recommendations: "New approaches are needed for alternatives to antibiotics, not only in product development but also in the re-thinking of animal production and management practices." The report can be accessed at: http://www.asmusa.org/acasrc/pdfs/AntibioticsAgReport.pdf  The book "The Antibiotic Paradox: How the Misuse of Antibiotics Destroys Their Curative Powers," has been revised. A review of it can be found at: http://jama e milker than the cow, and Purdue .ama-assn.org/issues/current/ffull/jbk1211-4.html
  
"Antibiotics in Animal Feed Not Necessary," Australian Broadcasting Corporation, Dec. 4, 2002.
http://www.vetscite.org/cgi-bin/pw.exe/Issue4/news/000849.htm