Click here for Appellants' Reply Brief filed on 02/21/06 in lawsuit challenging New Jersey's humane standards for domestic livestock.

For full brief filed on 11/04/2005 in the Superior Court of New Jersey, please click here.

Click here for background information on the previous actions of this lawsuit.

Coalition Asks Court to Overturn New Jersey Farming Regulations

FOR IMMEDIATE RELEASE

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Department of Agriculture's So-Called "Humane" Regulations Allow Rampant Animal Cruelty on Factory Farms

TRENTON, NJ (November 4, 2005)-In legal papers filed today in the Superior Court of New Jersey, a broad coalition of humane organizations, farmers, veterinarians, and environmental and consumer groups allege that the New Jersey Department of Agriculture has failed to establish humane standards for farm animals-as required by the New Jersey legislature in 1996-and has instead sanctioned numerous inhumane practices used to raise animals for meat, eggs, and milk on industrialized factory farms.

The lawsuit goes beyond any previous legal action taken on behalf of farm animals in that it seeks a judicial declaration that most common factory farming practices are inhumane under New Jersey law.

The groups include the New Jersey Society for the Prevention of Cruelty to Animals, Farm Sanctuary, The Humane Society of the United States, American Society for the Prevention of Cruelty to Animals, Animal Welfare Institute, Animal Welfare Advocacy, Save Our Resources Today, Center for Food Safety, and the Organic Consumers Association.

"The Legislature has charged the Department of Agriculture to create humane standards for the treatment of agricultural animals, as well as an appropriate method for enforcing those standards," said Stuart Rhodes, NJSPCA president. "Their current rules and regulations are neither humane nor do they permit appropriate enforcement of these standards."

The new "humane" regulations permit numerous inhumane farming practices, including:

"As the only state in the Union that requires a code of humane standards for farm animals, New Jersey has an opportunity to improve the quality of life for the state's farm animals, while influencing humane measures nationwide," said Gene Bauston, president of Farm Sanctuary. "Unfortunately, New Jersey's Department of Agriculture has chosen to cater to the will of factory farming, endorsing cruelty to animals as a standard business practice."

In 1996, the New Jersey legislature decided that its cruelty code should cover farming practices and directed the NJDA to develop appropriate "standards for humane raising, keeping, care, treatment, marketing, and sale of domestic livestock." By law, these regulations were supposed to protect farm animals from inhumane, industrialized farming practices.

Eight years later in May 2004, the agency issued regulations that not only continue to allow industrialized farming practices, but also exempt compliant farming operations from liability under New Jersey animal cruelty laws. Additionally, the regulations exempt all "routine husbandry practices," essentially codifying the abusive practices the legislature sought to change.

"New Jersey Department of Agriculture officials may be the only people left in America who still think factory farming is humane," said Jonathan R. Lovvorn, vice president of animal protection litigation for The HSUS. "The New Jersey Legislature certainly didn't think so; otherwise, it wouldn't have ordered the agency to adopt new standards."

The organizations are represented by the public interest law firms Meyer & Glitzenstein, Washington, DC, and Egert & Trakinski, Hackensack, N.J. More information about the New Jersey lawsuit can be found at njfarms.org.

The NJSPCA is the law enforcement agency that is charged with enforcing the animal cruelty statutes in New Jersey. The organization was enacted in 1868.

Farm Sanctuary is the nation's leading farm animal protection organization with over 150,000 members and supporters. Since incorporating in 1986, Farm Sanctuary has worked to expose and stop cruel practices of the "food animal" industry through research and investigations, legal and institutional reforms, public awareness projects, youth education, and direct rescue and refuge efforts. www.farmsanctuary.org.

The Humane Society of the United States is the nation's largest animal protection organization representing more than 9 million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The group is based in Washington and has numerous field representatives across the country, including one in Flanders, NJ. On the web at www.hsus.org.

The American Society for the Prevention of Cruelty to Animals is the nation's first humane organization. More than 750,000 members support the ASPCA's mission to promote humane principles, prevent cruelty and alleviate pain, fear and suffering in animals. www.aspca.org.