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Click here for Appellants'
Reply Brief filed on 02/21/06 in lawsuit challenging New
Jersey's humane standards for domestic livestock.
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| 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. |
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2/16/2007
Update: Statement from Farm Sanctuary
Regarding Ruling of the Superior Court of New Jersey Appellate
Division
Oral
Arguments Heard Today in Legal Case Against New Jersey Department
of Agriculture
FOR
IMMEDIATE RELEASE
Broad
Coalition Challenging Department of Agriculture's So-Called
"Humane" Regulations Which Allow Rampant Animal Cruelty
on Factory Farms
Trenton,
NJ - December 13, 2006 - Today, oral arguments will be heard
in a landmark case, challenging the New Jersey Department of
Agriculture's (NJDA) mandated "humane" standards for
farm animals. A broad coalition of humane organizations, farmers,
veterinarians, environmental and consumer groups allege that
the NJDA 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.
This
lawsuit seeks a judicial declaration that many regulations that
authorize cruel factory farming practices are illegal under
New Jersey law, and goes beyond any previous legal action taken
on behalf of farm animals in the United States.
The
plaintiffs include Farm Sanctuary, the New Jersey Society for
the Prevention of Cruelty to Animals, The Humane Society of
the United States, American Society for the Prevention of Cruelty
to Animals, Animal Welfare Institute, Animal Welfare Advocacy,
Saving Our Resources Today, Center for Food Safety, the Organic
Consumers Association, farmers and citizens.
The
NJDA regulations permit numerous inhumane farming practices,
including:
- Confining
pregnant pigs for months at a time in gestation crates,
individual metal enclosures too small for them to turn around;
- Tethering
and restrictively confining calves raised for veal to prevent
them from exercising, so their muscles can't develop and
remain soft; and
- Mutilations
without anesthesia, including castration, de-beaking, de-toeing
and tail docking.
The
NJDA permitted the starvation of egg laying hens by forced molting
with the original version of the Department's "humane"
standards, but recently removed this factory farming practice
from the list of acceptable standards, finally ceding to one
of the many inhumane issues addressed by the plaintiffs.
"Ending
forced molting is a step in the right direction, but unfortunately
this issue was only one of many inhumane practices endorsed
by New Jersey Department of Agriculture." said Gene Baur,
president of Farm Sanctuary. "The department continues
to cater to the will of factory farming, endorsing cruelty to
animals as a standard business practice."
In
1996, the New Jersey legislature 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.
In
May 2004, the agency finally issued regulations that not only
continue to allow industrialized farming practices, but provide
broad exemptions for agribusiness. The regulations exempt "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. "Those animals raised for food
deserve protection from egregious cruelty during their lives."
The
organizations are represented by the public interest law firms
Meyer Glitzenstein & Crystal, Washington, D.C., and Egert
& Trakinski, Hackensack, N.J. More information about the
New Jersey lawsuit can be found at njfarms.org.
About
Farm Sanctuary
Farm Sanctuary is the nation's leading farm animal protection
organization. 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. Farm Sanctuary
shelters in Watkins Glen, NY and Orland, CA provide lifelong
care for hundreds of rescued animals, who have become ambassadors
for farm animals everywhere by educating visitors about the
realities of factory farming. Additional information can be
found at www.farmsanctuary.org or by calling 607-583-2225.
About
the New Jersey Society for the Prevention of Cruelty to Animals
(NJSPCA) 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.
About
the Humane Society of the United States (HSUS) The Humane Society
of the United States is the nation's largest animal protection
organization with nearly 10 million members and constituents.
The HSUS is a mainstream voice for animals, with active programs
in companion animals, disaster preparedness and response, wildlife
and habitat protection, marine mammals, animals in research,
equine protection, and farm animal welfare. The HSUS protects
all animals through education, investigation, litigation, legislation,
advocacy and field work. The nonprofit organization is based
in Washington and has field representatives and offices across
the country, including one in Flanders, NJ. On the web at www.hsus.org.
About
the American Society for the Prevention of Cruelty to Animals
(ASPCA) 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.
Note
to Media: Video and photos are available at http://www.njfarms.org/B_video.htm
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