Animal welfare advocates are terribly excited over a recent decision of the New Jersey Supreme Court. According to a press release from The Humane Society of the United States and Farm Sanctuary, two of the petitioners in the case:
The New Jersey Supreme Court today struck down the New Jersey Department of Agriculture’s regulations exempting all routine husbandry practices as “humane” and ordered the agency to readdress many of the state-mandated standards for the treatment of farm animals.
In this monumental case, the Court ruled that factory farming practices cannot be considered humane simply because they are widely used, setting a legal precedent for further actions to end the most egregious abuses on factory farms throughout the U.S. The Court also rejected the practice of tail-docking cattle, and the manner in which the NJDA had provided for farm animals to be mutilated without anesthesia.
“This is a major victory for farm animals in New Jersey, and will pave the way for better protections of farm animals nationwide,” said Gene Baur, president and co-founder of Farm Sanctuary. “Setting a legal precedent in a unanimous vote that clarifies that commonly used practices cannot be considered humane simply because they are widely used will build on our momentum in challenging the cruel status quo on factory farms.”
In addition to striking down the agency’s sweeping exemption for “routine husbandry practices,” the Court further held that tail docking could not be considered humane, and the manner in which mutilations without anesthesia including castration, de-beaking and de-toeing could not be considered humane without some specific requirements to prevent pain and suffering. The Court made clear that the decision to permit these practices as long as they are done by a “knowledgeable person” and in a way to “minimize pain” could not “pass muster.”
“This decision will protect thousands of animals in New Jersey, and also calls into question some of the worst factory farm abuses practiced throughout the country,” said Jonathan Lovvorn, vice president of animal protection litigation for The Humane Society of the United States. “All animals deserve humane treatment, including animals raised for food.”
Unfortunately, this excitement is not warranted. When one reads the actual opinion, one gets a very different picture.
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