Transporting Livestock
The 28 Hour Law US Dept of Agriculture
Section 4 A: Under the Twenty-Eight Hour Law, transporters are required to stop to provide animals with food, water, and rest. Transporters who have deprived livestock of food, water, or rest for more than 28 hours are in violation of the Twenty-Eight Hour Law (49 USC 80502).
I often drive over the I-80 Donner Summit during ice storms and blizzards in temperatures well below freezing. Semi trucks can be seen transporting livestock in open air metal containers in wind chill conditions that are well below zero. These trucks travel slow and stop to chain up, so the transport time for these animals can be days of travel in these conditions. I have also seen trucks parked in rest areas where it is clear that the animals are not getting food and water. Yes, these animals are probably going to slaughter, but while they are alive - state and government laws mandate the humane treatment of livestock.
I have written to the state and have spoken to humane societies, but because these trucks are traveling over state lines, these animals are not afforded state protection of humane treatment. The people I have spoken to at the California Agriculture Department appeared unconcerned about what appears to be a violation of California Penal Code 597 (b). The US Department of Agriculture has a 28 hour law but who enforces it? If a dog was being carried in the back of a pick up truck in freezing conditions, something would be done about it. I was told that livestock are not like dogs. Really? I was told that they are hardy and don't feel cold like other animals. Really?
The penal codes in California include the following provisions:
CA Penal Code 597 (b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than twenty thousand dollars ($20,000).
597a. Cruelty to animals; transportation; care of animals by arresting officer; expense. Whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhuman manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor; and whenever any such person is taken into custody therefore by any officer, such officer must take charge of such vehicle and its contents, together with the horse or team attached to such vehicle, and deposit the same in some place of custody; and any necessary expense incurred for taking care of and keeping the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof, remains unpaid, it may be recovered, by the person incurring the same, of the owner of such domestic animal, in an action therefore.
The above graph from the USDA site shows the subzero effects of windchill temperatures due to windspeed. Winter is upon us again and we are again photographing the numerous open air trailers during winter of 2010/2011 and will notify local authorites. Laws were passed to to end the abusive treatment of livestock and now we are working to see that these laws are enforced. If you witness abusive practices, explore your local laws to see what protections are afforded livestock. If your state offers no protection - contact the US Dept of Agriculture.
If you are a livestock carrier - make sure that the animals under your care are treated humanely. It is the law.
*Update: Answer from FSIS to query on who regulates this issue:
Response (PDD Staff Officer) 11/15/2010 08:48 AM
"Livestock transportation lies in a gray area as far as who has jurisdiction for humane handling of livestock. Animal and Plant Health Inspection Service (APHIS) enforces the 28 hour law. When livestock arrive at federal slaughter facilities then the Food Safety and Inspection Service (FSIS) regulates the humane handling of livestock. There has been a great deal of educational effort to inform truckers to board up their trailers to prevent the cold wind from entering these open-air trailers. Obviously you observed one who did not do this. In some states there are rules and regulations that cover these situations but not all states have these.
"Since, you live in California you might contact the FSIS District Office in Alameda, CA. Please talk with Dr. Amy Leider, who is the District Veterinary Medical Specialist; she is the humane handling expert for FSIS in the state of California. Again FSIS regulates humane handling and slaughter of livestock at federal slaughter facilites, but she might be able to provide some guidance for you in California. Here is the DO telephone number: (510) 337-5000."
November 20, 2010
Highway Patrol office at Dutch Flat: When livestock leave one facility, that owner is no longer concerned with what happens to them. Since they are going to slaughter, they assume that some of the livestock will not survive. They verified that the humane treatment issue rests squarely on the part of the driver because they are in their custody ~ the Penal Codes in California are specifically written to fine the driver for abuse.
Information links:
Nationwide List of Rest Stops for Livestock Transport
Livestock Transportation Being Watched
USDA Best Practices for Transport
Effects of Transport Conditions
Best Practices for Transport Temple Grandin
Canada Takes the Lead in Crackdown
Maybe the $10,000 fines can be used to pay for cattle feeding and rest areas in California during livestock transport.
