Groups File Lawsuit Against NJ Dept. of Agriculture for Issuing Inhumane Farm Standards


July 20, 2004

TRENTON, N.J. – In a lawsuit filed today in the Superior Court of New Jersey, a broad coalition of national humane organizations, farmers, veterinarians, environmental and consumer groups are charging that the New Jersey Department of Agriculture (NJDA) failed to establish humane standards for farm animals, as required by the New Jersey legislature in 1996. The groups include the American Society for the Prevention of Cruelty to Animals (ASPCA), New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA), Farm Sanctuary and The Humane Society of the United States (HSUS).

While most state codes exempt farmers from their prohibitions against animal cruelty, in 1996 the New Jersey legislature decided that its cruelty code should cover farming practices, and directed the NJDA to develop appropriate standards. Instead, the groups charge, the NJDA issued regulations that sanction many existing farming practices that are inhumane.

“These regulations were supposed to improve conditions for farm animals,” said Juan George, who raises beef cattle at Merrick Farm in Farmingdale, N.J. “But instead of preventing cruelty and abuse, and supporting farmers who want to engage in good animal husbandry practices, these regulations actually endorse inhumane farming practices.”

In 1996, the legislature directed the NJDA to develop “standards for humane raising, keeping, care, treatment, marketing, and sale of domestic livestock.” However, on May 4, 2004, NJDA issued regulations permitting numerous inhumane farming practices, including:

• The use of gestation crates, which confine breeding pigs for months on end in an enclosed area too small for them to turn around. The crates are banned in Florida and several European nations.

• Tethering and confining veal calves until they are sent to slaughter. The regulations also permit restricted diets that often result in anemia in veal calves.

• Sharply limiting the amounts of food and water given to laying hens. This practice is called forced molting and is intended to increase the hens’ egg production.

Moreover, the regulations not only permit these practices, but also exempt farming operations that comply with them from liability under New Jersey animal cruelty laws. In addition, the regulations exempt all “routine husbandry practices” from all of the standards, thereby codifying the very practices that the legislature sought to change.

“Inhumane farming methods have become the norm in most agriculture operations,” said Dr. Michael Appleby, vice president for farm animals and sustainable agriculture for The HSUS. “These regulations could have offered assurances to consumers that products from New Jersey farmers resulted from better treatment of animals. Unfortunately, the end result is that New Jersey will be a safe haven for factory farmers.”

“These new regulations, if allowed to stand, would greatly diminish our ability to enforce humane standards for the proper treatment of domestic farm animals,” said Stuart Rhodes, NJSPCA president. “That is why we have joined in this action.”

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Farm Sanctuary is the nation’s largest farm animal rescue and protection organization. Based in Watkins Glen, N.Y., the group operates two farm animal shelters and a national Farm Animal Adoption Network Program. www.farmsanctuary.org.

The Humane Society of the United States is the nation’s largest animal protection organization with more than eight million members and constituents. The non-profit organization is based in Washington, DC and has 10 regional offices – including one in Flanders, N.J. www.hsus.org.

The American Society for the Prevention of Cruelty to Animals is the nation’s first humane organization. More than 740,000 members support the ASPCA’s mission to promote humane principles, prevent cruelty and alleviate pain, fear and suffering in animals. www.aspca.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.

The groups are represented by Meyer & Glitzenstein, a Washington, DC-based public interest law firm.