TheHorse.com

Horses and the Law

Horses and the Law

About Milt

Milt Toby is an attorney, author, photographer, golf rules official, and weight lifter with a lifelong interest and involvement in the horse industry. He grew up showing American Saddlebreds, then switched to hunters, dressage, and combined training. Milt worked at some of the country’s largest horse shows as a steward for the American Horse Shows Association (before the organization morphed into the United States Equestrian Federation), and he has attended equine events on six continents. The author of five books, including The Complete Equine Legal and Business Handbook and Ruffian, Milt is the current Chair of the Kentucky Bar Association’s Equine Law Section.

What’s been happening with efforts to ban horse slaughter since June 2008, when the United States Supreme Court refused to consider the appeal of Cavel International?

The Cavel appeal challenged the legal authority of Illinois to ban the slaughter of horses for human consumption. Opponents of slaughter hailed the Supreme Court decision to do nothing as a victory, and in a very narrow sense it was. But the Supreme Court never addressed the merits of the Illinois law, nor did the Court reach a substantive conclusion one way or the other on horse slaughter. The non-action by the Court simply left intact a 2007 decision by the Seventh Circuit Court of Appeals upholding the Illinois Horse Meat Act that ended horse slaughter—at least for human consumption—in Illinois.

The Seventh Circuit decision did not actually address the pros and cons of horse slaughter, either. Instead, the Court merely upheld the right of a state (Illinois) to regulate the slaughter of horses, without requiring a state to do so. The Seventh Circuit did not decide that horse slaughter was either prohibited or permitted in Illinois, or anywhere else. That decision, in the absence of federal legislation applicable across the board, still rests with the individual states.

A few states, including New York and New Jersey, have attempted to follow the lead of Illinois and ban the slaughter of horses for human consumption. There has been far more activity on the pro-slaughter side of the fence, however.

Legislation has been introduced in at least three states—Illinois (to repeal the slaughter ban), Montana, and Tennessee—that would legalize horse slaughter. The effort failed in Illinois, passed in Montana, and is on hold in Tennessee. Legislation asking for feasibility studies on horse slaughter facilities has been introduced in North Dakota, where it passed, and in South Dakota; bills have passed in at least a half-dozen state legislatures urging Congress to oppose any federal laws that would ban the slaughter of horses nationwide. TheHorse.com has updated information about the status of slaughter legislation nationwide.  It is clear that there is strong sentiment in favor of the reintroduction of horse slaughter facilities in some parts of the United States.

Federal legislation that would ban horse slaughter for human consumption was introduced earlier this year in both the Senate (S.727, the Prevention of Equine Cruelty Act of 2009) and House of Representatives (H.R.503, also named the Prevention of Equine Cruelty Act of 2009). The bills are virtually identical, criminalizing the "possessing, shipping, transporting, purchasing, selling, delivering, or receiving any horse, horse flesh, or carcass with the intent that it be used for human consumption." Both bills were referred to committees in March: S.727 to the Committee on the Judiciary and H.R.503 to the Subcommittee on Crime, Terrorism, and Homeland Security. So far, neither bill has emerged from committee. Conspicuously absent from S.727 and H.R.503 are provisions providing for the care and upkeep of the burgeoning number of abandoned and unwanted horses. This raises the concern that a ban on slaughter, standing alone, will cause more problems that it will solve.

Bans on horse slaughter have not fared well in Congress in the past, but there is some indication that support for such action may be growing. Earlier this year the House of Representatives passed H.R.1018, the Restore Our Mustangs Act (ROAM). Although some in Congress criticized the measure as welfare for horses, H.R.1018 passed by a comfortable, 239-185 margin. ROAM amends the Wild Free-Roaming Horses and Burros Act in several important ways, including an expansion of criminal penalties. Current law prohibits processing "the remains of a wild free-roaming horse or burro" into commercial products. ROAM as presently proposed, on the other hand, would ban the processing and the transport for processing of "a live or deceased wild free-roaming horse or burro." In other words, wild horses and burros no longer could be slaughtered for processing into commercial products. If ROAM becomes law, can a nationwide ban on horse slaughter be far behind?

 

Comments

Well I think this country will be shooting themselves in the foot on this one.

The ban on horse(livestock) slaughter will affect all involved in the industry from breeders, trainers,  farriers , feed and tack dealers to breed assosiations.

Who will be "allowed" to make a living in this industry anymore? The super rich?

Are we going to leave it up to the bleeding heart liberals who would rather see us all sit around thinking happy happy thoughts ,  drink broccli shakes and watching pretty unicorns jump over rainbows , while they pass laws saying it is illeagle to kill and eat a horse but we can pass abortion for human babies?

In some countries it is illeagle to eat cows or pigs.....well those type of people are living here too. Why not ban that as well?  

Wait , the

horse" is the first step in the process!

Now these idiots want donations! They are adopting out "free" horses too!  There is no such thing as a free horse! They ALL come with some sort of expense or problem.

We need a solution that will keep the market fair and dispose of the unwanted  animals in a way that will be of some use , instead of filling a landfill.  

Leave the decision to the owner of the animal to what he or she will do with their animals. Not people who think life is a Disney movie! As a free american I should be able to have a choice.

You brought in on baby...deal with the costs yourselves!



April 01 Oct 2009 3:37 PM

I know there are a lot of people out there who are opposed to slaughter, but if those people would come up with an alternative solution for disposal of dead horses and horses in need of euthanizing due to health or age, then the slaughter need would greatly decrease.

I read repeatedly of people not wanting to fill landfills with horses...the landfills in my area won't even take horses! Please don't assume that the options you have available to you are available in all areas.

I had to bury a friend's horse because even though she has plenty of property (10 acres), due to the location of her house, she could not bury her old guy on her own property because she could not get him more than 500 feet away from her water well as required by law here!

Also, not everyone can afford or even wants to cremate their horses.

Until we can come up with an alternative for horse disposal, picture this: imagine if all the landfills and cemeteries were to close and you could not get rid of your trash or your loved ones.  It is not a pretty thing to think about, but neither is the inside of a waste water treatment plant or a landfill, or a slaughter plant. Unfortunately, thinking of what this planet would become without such facilities is even uglier.

Also, to all the people who object to others eating horse meat, I don't eat it myself, but I also don't seafood either. How would all the seafood lovers out there like it if all of a sudden some group came along and prohibited them from eating their fave food? Think it won't ever happen?

All I ask is that even if it's not pretty, we all need to think about the whole picture - beginning to end - and make sure all bases are covered without letting personal prejudices get in the way of doing what is necessary.



Leigh 02 Oct 2009 11:44 AM

I am astounded at the self-serving remarks of breeders who claim some inherent right to re-coop their loss if a horse does not perform to set standards or becomes unwanted. So, sell the horse for slaughter. Hey, what about Labrador breeders and Maine Coon breeders--shouldn't they then be able to sell their "unwanted products" for slaughter and over-seas consumption? I agree with one point: if you accept responsibility, you must deal with the lifelong costs, including the end-of-life costs. The attitude that our companion animals are disposable reveals no love and no concern for the animals themselves--only profit and convenience. Sorry, guys: the horses matter. And regarding "free adoptions"--housing and fostering costs money. Rescuers dig deeply into their own pockets in order to help creatures they love and respect. And to use the label of "Bleeding Heart Liberal"--a much more appropriate label for those who focus on the well-being of each horse they help is, simply, "Horse Lovers." Those pro slaughter individuals who claim to care for horses are the worst and most dangerous of hypocrites. I am glad there are so many horsemen and horsewomen who against slaughter! We will continue our fight and we will prevail for two reasons: we love horses and we are right.



Natasha 02 Oct 2009 2:26 PM

I have been critical of some of The Horse's articles on this subject in the past, but let me compliment you on this one.  It is a good description of where we stand and how we got here.  Whatever a person's position on the issue, it is important that your readers have accurate facts presented without bias, and this is one of the few articles to get it right.

Your readers may find one update interesting.  The Montana bill, introduced by Ed Butcher, was controversial because it virtually took away the right of a citizen to contest the building of a horse slaughter plant in the state courts, a move that many think is unconstitutional.

The bill was apparently pushed on the mistaken belief that the US plants in Illinois and Texas had been closed because of environmental suits by "two bit hippies" in Ed Butcher's words.  Even though two of the three plants were under pressure for pollution, none of the three was closed for that reason.  Ed Butcher claimed that the "Belgians" he was talking to needed such assurances before investing in such a plant in Montana.

The "Belgians" were clearly the Velda Group, and while the bill was being introduced, their Canadian plant (Natural Meats) was closed down for pollution by the Canadian Food Inspection Agency.

As if that were not bad enough, Velda has since announced they have no interest in putting a plant in Montana!  Butcher is now trying to get the Chinese interested in building a plant.  There is less than zero chance that they will do so given the history of such endeavors in the US.

John Holland

Equine Welfare Alliance



John Holland 03 Oct 2009 12:02 AM

For those of you who are rabidly anti-horse slaughter, what would be your response if unwanted horses were euthanized for human consumption and shipped to starving people in Darfur, Sudan, and other areas where raw starvation is a way of life?

By the way, horses were eaten by Americans in the early days of this country, including during the Civil War.  

I doubt a dead horse cares what happens to its muscular tissue.  I am very sure horses that are being abused and unwanted do feel that pain in a very real way.  

I am strongly opposed to horses being unwanted, abused and starved.  Ending their lives and sparing them continued misery is humane.  Until we can have an equal number of horses with an equal number of loving owners, we will have unwanted horses.

This is not a simple "do not slaughter horses" issue as many people think, and I hope a reasonable solution can be found in the near future.



Leslie 03 Oct 2009 6:31 PM

Finding alternative solutions for excess horses, incuding the disposal of their carcasses, has nothing to do with the "need" for horse slaugher, nor would it decrease the need. Horse slaughter creates the "need" because it's in business to make money, not to clean up a problem. Horse slaughter isn't about mercy. It's about making lots of money. If they clean up the problem they will go out of business. They need excess horses and so they encourage the proliferation of excess horses. Alternative solutions would be ignored as long as slaughter exists. Putting a stop to slaughter would force us not only to come up with alternative solutions but to take them  seriously.

The same is true for feeding poor people in the Sudan or Darfur. There's no money in feeding poor people. Again, horse slaughter is not about mercy. Also, there's plenty of food for those people without slaughtering horses for them. Food deficiency isn't the answer. It's getting the food to them. Tribal clashes and political corruption is the problem. Slaughter a zillion horses for them and they will still starve.

At bottom, this is all about culture. Regardless of what Americans did over a hundred years ago, the majority of Americans today are against slaughtering horses for food, just as they are against slaughtering dogs and cats for food and fur. It may not be the culture of the Europeans or the Chinese, but it's our culture. A segment of the horse industry wants to slaughter horses not because they are nice and want to respect the cultures that eat horses, but because they want to makes lots and lots of money under the guise of caring about unwanted horses (which they produce) and wanting to be nice to foreigners. It's all a big charade driven by money.      



Craig 04 Oct 2009 4:55 PM

There are some very good points outlined in these comments.  I have no doubt that there are reasons on both sides that are valid. I was against slaughter and now I'm on the fence about it.  I believe that there would be less opposition to horse slaughter if there were a more humane way of putting the horse down and insuring that they would be treated with safe, respectful care.  There problem is regulating that which is near impossible.  I personally have 14 horses and the thought of one of them being put in a small inclosed chute and being banged in the head with a less than effective bolt gun just makes me physically ill. Even worse as some of the under cover reporters have given us a glimpse of some of the extreme cruelties being carried out in these slaughters houses.  One example that comes to mind is the incident caught on video of the Mexico slaughter house where a horse was stabbed to death by a group of workers all yeilding large knives because the bang gun was broken and they all made a bet on how long it would take the horse to fall and die. Another is report where horses were transported over many miles in cramped trailers and some had fallen and couldnt get up due to the crouded conditions.  One of the horses legs was protruding out of the side of the trailer and rather than taking the time to get them up before backing into the chute they just backed up into the inclosed area and popped the living horses leg off.  These are not isolated incidents and anyone doing that type of job would of course become hardened the the task at hand and forget that they are dealing with a living breathing creature.  Also people have no way of knowing if they are selling their horse to a loving home or a kill hauler.  You could think your beloved horse is going to a good home when you just doomed your horse to death by selling it.  I agree that its not good to have starving neglected horses.  But at least they have a chance of being rescued by a caring person.  I have personally rescued many who now have a loving caring person who wouldnt take a million dollars for them.  Most of the horses being slaughtered where healthy, fat good looking horses.  Some who won millions for their owners.   So until these issues are address I don't believe there will ever be horse slaughter for food again.  



Jeanene 04 Oct 2009 7:50 PM

I am not going to try to use logic with the true believers who are against horse slaughter.

I'm not going to suggest that legislating what people can and can't eat is an infringement on individual liberty that is in no one's best interest.

I'm not going to point out that the AAEP (did I get that right) has identified 3 acceptable (humane) means of ending the life of a horse, one of which is the penetrating bolt.

I am not going to say anything about the apparent illogic, if you care about horses' welfare, of making slaughter for human consumption illegal and not providing for the unwanted horses.

I'm not going to ask these people why they don't focus their attention on making slaughter and subsequent processing conform to existing laws, or just on provide for the welfare of unwanted horses.

I know the answers.  

Some of them get power from an emotionally charged issue that they couldn't get from being rational.

Some of them are getting very rich from the money they're collecting for "the cause".

Some of them have a very long term agenda - ending all animal slavery, including not only horses, but my dogs, my cats, and all domesticated animals.  And once they're free, they can become extinct because they'll have no purpose.  Bye bye horse, nice to see you not suffering anymore.

And a lot of them haven't a clue but sure do love a bandwagon to jump on.

It's a lot easier to emote about a problem than it is to find solutions.



Ellen 06 Oct 2009 7:27 PM

As a long time horse owner and breeder I resent being legislated into a no-win situation.  What do we do with chronically sick, lame, unhappy horses - have the vet euthanize with chemicals that then make the animal unacceptable to be buried.  Listen to the gunshot.  It was a less than perfect system, but it worked.  Now horses are being turned loose to starve and become nuisances.  Don't leave your trailer unattended on a trail ride or you will have new occupants when you return.  We don't eat horses here - but we do eat beef - politicians like steak, so lets send all our poor old horses to our congressmen for safekeeping.  See what happens then.



LT 06 Oct 2009 9:16 PM

Let's all face it, there is no such thing as making a living off of the horse industry unless you are rich AND you are involved in racing. This legislation will eliminate back yard breeders and "horse traders" because there will eventually be a limited amount of horses available in the industry once they are weeded out and not breeding horses that can't be sold and have to go to slaughter houses and auctions. If anything...7 to 10 years from now, the value of the horse will be increased based on supply and demand. Less "junk" horses and more intelligent horses. There will be an opportunity to earn a living because those who can afford a well bred horse will be purchasing and in doing so, knows that the horse comes from a quality bloodline and not some auction where dangerous and sick horses are sold at "discounted" prices. It is more likely that a horse with value will be cared for rather than "dumped" at an auction or slaughter house if it has problems. The backyard breeder will have to find a way to compete with better bloodlines and smarter horses during the 7 to 10 year period so they will be "bled out" of the industry due to their incapability in keeping up with the legitimate horse businesses and breeders. Let's live out our recession (depression), get it over with and behind us so that more responsible people can operate in the industry and the less responsible can go "scam" in a different industry.



Amy 08 Oct 2009 3:54 PM

I care for horses, and I never will support the racing industry's idea of "disposable horses" ever.

I do have a solution proposal however: Why not grant an individual and his family the right to eat a privately owned horse he owned at least a year?

They sure will never turn that into a profit, and they cannot sell the meat. A bit like hunting?

Here, in Canada, it's legal to eat and sell horse meat (my supermarket has it on occasion) and I did eat some while I'm caring for my horse.

The racing industry has pretty much died here as the tracks closed. All chances of profits are gone, and the horses are gone too.

Meat was the sad outcome for most horses because racers usually refuse the responsibility for their racing business's "by-product": no longer wanted horses because of whatever reason.

Are we growing kids specifically for winning the Olympics games, and kill them if they don't go fast enough? No, we don't.

Abortion is an option to prevent unwanted kids, but needs to be done in precise conditions.

With horses, some raise a bunch of them for money, and decide to "abort" when the money is no longer there, whatever their age.

Should we legalize murder because our 18yo son is getting hard to manage and we regret his presence in our family? Because he doesn't work? Because our parents are old? How about killing all those on welfare?

We take responsibility or not. It cannot be revoked later because it became "inconvenient" to us.

I adopted a horse (paid for) and will do whatever I have to keep her happy. Even if I have to work two jobs. I will NEVER sell her for any reason, but I would find someone to adopt her if there is no other option. And there will be conditions.



Martin from Quebec, Canada 08 Oct 2009 4:15 PM

As a European looking in on this debate, I have repeatedly had to gulp.

Here slaughter of horses is normal. There are people who consume horsemeat, just as horsemeat is used in a variety of other end products, especially for the dog and cat food making. Even the bones get used.

But our situation is wholly different due the fact that slaughter is accepted. There are small horse slaughterhouses all over Europe, so many that you can find one at a half-hour drive practically wherever you live. Owners can bring their horses directly to the slaughterhouse themselves, in their own trailer and they can stay with the horse unto the end. Many do so to make sure the actual slaughtering is done without untoward stress to the horse. In many regions you can even ask the butcher over to your place, especially when it is clear ahead that the meat is not fit for human consumption. No horse may be transported here for longer than 8 hours without a whole night of rest *outside* the trailer and if a state vet catches a trailer with horses down or injured, the driver and the owner of them has a very serious problem. This has begun to put a serious stop to the former east-european slaughter trains and vans.

All this is a *very* long way from carting horses over thousands of miles to be put down under highly stressful conditions.

To me it appears that due your refusal to mentally and emotionally deal with the necessity of slaughtering surplus horses (whatever the reason for that), the problem is actually first caused and then exacerbated on top - at the cost of the horses' welfare.



Pip 26 Oct 2009 5:37 AM

I think that if the horse was treated with respect and treated humanely while in the hands of the hauler,the feed lot,and the slaughter house, and is shot dead before gutting and skinning, most people would not be against killing horses for human consumption.But most horses suffer all the way from their home to the slaughter house till it's death. Clean up these hart less people and make them treat these horses better then they do.Then make sure they kill the horse dead before butchering.. To many horses are still alive while being gutted and skinned..  

I raise my own beef. we have the butcher truck come out,that guy shoots the steer (dead) while it's eating grain and that's that. Horses are not killed that way. The last few days of their lives is horrid.When we get in a horse that we can't help we have the vet come out to put it down then we bury it.. If we can't bury it, we call the renderer truck to pick it up. We have lots of acreage, we could just shoot the horse and let the coyote's clean it up.(back to the land)but we choose not to.



Deb 14 Jan 2010 11:41 PM