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Stephens v. State |
The Mississippi Cruelty to Animal statute was applied to the Defendant who killed several hogs that were eating his crops. The lower court refused to instruct the Jury that they should find him not guilty, if they believed that he killed the hogs while depredating on his crop and to protect it, and not out of a spirit of cruelty to the animals. The Supreme Court of Mississippi found it to be an error by the court to refuse to give such instructions because if the defendant was not actuated by a spirit of cruelty, or a disposition to inflict unnecessary pain and suffering, he was not guilty under the statute.
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Supreme Beef Processors, Inc. v. U.S. Dept. of Agriculture |
North Federal District Court of Texas ruled that the Federal Meat Inspection Act (FMIA) only empowered the Food Safety and Inspection Services to prevent the United States Department of Agriculture from allowing companies to sell adulterated meat to the public. To find meat adulterated under FMIA requires that the processor's plants conditions are insanitary, thus the FSIS should focus on the manufacturing process and not the final product to determine that a plant is insanitary.
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Supreme Beef Processors, Inc. v. U.S. Dept. of Agriculture |
The Fifth Circuit United States Court of Appeals affirmed the district court's decision that the Federal Meat Inspection Act focuses on the processes used by a manufacturer and not the product itself, and that the presence of Salmonella bacteria in the meat does not necessarily make a product "adulterated" because the act of the cooking meat normally destroys the bacteria.
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Table of State Humane Slaughter Laws |
This table presents an overview of state humane slaughter acts. It includes an examination of the legal methods of slaughter, religious/ritual exemptions, the animals covered, and the penalties for violation.
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Talkin' Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It |
Part I of this Note analyzes the U.S.'s trade obligations under the GATT. Part II discusses the potential ability of various GATT provisions to support a trade measure banning battery cage eggs. Part III discusses the U.S.'s potential ability to create such an animal welfare provision. while upholding its obligations in the Agreements annexed to the GATT. The Note concludes that an appropriately tailored animal welfare measure banning battery cages for hens should be able to survive under the GATT and its annexed agreements.
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Test Drilling Service Co. v. Hanor Company |
Owner of oil and gas mineral rights sued the operators of commercial hog confinement facilities for negligence, claiming that the operator's allowed hog waste to escape the confines of the facility and flow into the mineral rights. The District Court held that plaintiff's alleged damages were not barred by a rule prohibiting recovery of economic loss in tort actions; that defendant's alleged violations were evidence of negligence, but not negligence per se; and that defendant's owed a duty of ordinary care to plaintiff.
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Texas Beef Group v. Winfrey |
Cattle ranchers in Texas sued the
The Oprah Winfrey Show
and one of its guests for knowingly and falsely depicting American beef as unsafe in the wake of the British panic over “Mad Cow Disease.” The matter was removed from state court to federal court. The federal district court granted summary judgment as a matter of law on all claims presented except the business disparagement cause of action, which was eventually rejected by a jury. The court alternately held that no knowingly false statements were made by the appellees. This court affirmed on this latter ground only, finding that the guest's statement and the producers' editing of the show did not violate the Texas False Disparagement of Perishable Food Products Act.
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Thacker ex rel. Thacker v. Kroger Co. |
Eighth Circuit Court of Appeals affirmed district court decision that Thacker family failed to link an injury to ground beef on which the USDA requested a recall.
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The Attitude Towards and Application of Animals in Traditional Chinese Culture |
A comprehensive consideration of the role of animals in the cultural development of China,
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The Environmental Effects of Cruelty to Agricultural Animals |
In his article, Landis-Marinello argues laws criminalizing animal abuse should apply to the agricultural industry. He further argues that when the agricultural industry is exempted from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, Landis-Marinello argues, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment. |
