What is the Humane Methods of Slaughter Act?
The Humane Methods of Slaughter Act (HMSA) requires the humane treatment and handling of food animals at the slaughter plant while also providing a quick and effective death. The Act was originally passed on August 27, 1958 and is enforced by the USDA Food Safety and Inspection Service (FSIS).
What amended the Humane Slaughter Act?
2002. On May 13, 2002, President George W. Bush signed the Farm Bill (Public Law 107-171) into law which contains an amendment (section 10305) stating that it was "the sense of Congress that the Secretary of Agriculture should fully enforce" the Humane Slaughter Act.
What is the Humane Slaughter Act of 1978?
—It is the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods, as provided by Public Law 85–765."
Why is the Humane Slaughter Act important?
In response to public concerns about cruelty to livestock in meatpacking plants, the Congress passed the Humane Slaughter Act of 1958. The act established as the policy of the United States that the slaughtering and handling of livestock be carried out only by humane methods.
Which species is excluded from the Humane Slaughter Act?
The Humane Methods of Slaughter Act specifically mentions cows, pigs, horses, pigs, mules, and sheep. Chickens, turkeys, and ducks, however, are omitted.
What are the general guidelines for animal slaughter?
Injured or sick animals, requiring immediate slaughter, should be killed humanely and without delay, in accordance with the recommendations of the OIE. Animals should not be forced to move at a speed greater than their normal walking pace, in order to minimise injury through falling or slipping.
Can farmers slaughter their own animals?
You can have your own livestock animal slaughtered on your farm or property if it will be eaten by you and your immediate family living there.
What does humane slaughter mean how is it achieved?
The RSPCA definition of humane killing is: 'when an animal is either killed instantly or rendered insensible until death ensues, without pain, suffering or distress'. When killing animals for food (termed slaughter), this means they must be stunned prior to bleeding out so they immediately become unconscious.
What are the consequences of breaking the Humane Slaughter Act?
Any person who violates the regulations providing for the humane treatment of nonambulatory livestock may be subject to criminal and civil penalties. HMSA § 1907(c) . In general, the penalty for a knowing violation is a fine or imprisonment, or both.
Are animals slaughtered painlessly?
Animals must be fully stunned—unconscious and insensible to pain—before they're shackled, strung up, and slaughtered. But so many animals remain alert to what's happening through to the very end. Animals must also be able to walk into the slaughterhouse on their own.
Do animals feel fear before slaughter?
Death is a harm to animals because, as beings with the capacity for positive experiences, they have an interest in living. In slaughterhouses, animals also experience fear and pain before they die.
Why is slaughtering animals legal?
Sacrificing of animals is an illegal act that is provided under some laws in India. They are the Local Municipal Corporation Act 1882, Prevention of Cruelty to Animals Act 1960, Wildlife Protection Act 1972, and the Indian Penal Code.
How has the 1958 federal Humane Slaughter Act changed the animal industry?
The Act requires all meat companies selling to the US government to provide stunning by mechanical, electrical, or chemical means prior to the killing of cattle, calves, horses, mules, sheep, swine, and other livestock, except in the case of slaughter for religious or ritual purposes.
What change was made in the 1985 amendment to the Animal Welfare Act?
The 1985 amendment introduces new requirements for enriching the lives of nonhuman primates, providing exercise for dogs, considering alternatives to painful or distressful procedures, establishing Institutional Animal Care and Use Committees (IACUCs), and creating an information service at the National Agricultural ...
What change was made to the Animal Welfare Act by the 1990 Pet Protection Amendment?
The 1990 amendment to the AWA was titled the 'Pet Protection Act. '20 The regulations developed to implement this amendment defined the minimal holding period for animals in pounds and shelters that are sold to dealers and established record-keeping requirements for dealers who obtain dogs or cats from these sources.
What three changes did the meat inspection Act of 1906 introduce?
Mandatory postmortem inspection of every carcass; Sanitary standards established for slaughterhouses and meat processing plants; and. Authorized U.S. Department of Agriculture ongoing monitoring and inspection of slaughter and processing operations.
What is the purpose of the Humane Slaughter Act?
An Act to establish the use of humane methods of slaughter of livestock as a policy of the United States, and for other purposes. The Humane Slaughter Act, or the Humane Methods of Livestock Slaughter Act (P.L. 85-765; 7 U.S.C. 1901 et seq.) is a United States federal law designed to decrease suffering of livestock during slaughter.
What was the Washington Post article about the humane slaughter act?
On April 10, 2001, the Washington Post printed a front page story entitled "They Die Piece by Piece.". This graphic article asserted that the United States Department of Agriculture was not appropriately enforcing the Humane Slaughter Act.
What religions slaughter animals?
Many religions find these regulations to fall within their own guidelines as appropriate. The two most common religious slaughter methods in the United States are the method of kosher, of the Jewish faith and the method of halal, of the Muslim faith. While all require that the animal be killed through ritual slaughter, proponents of certain religious-based slaughter methods claim that the severing of the animal's carotid arteries, jugular veins and vagus nerve renders the animal unconscious as effectively as most other methods. In 2018, Grandin stated that kosher slaughter, no matter how well its done, is not instantaneous, whereas stunning properly with a captive bolt is instantaneous.
What was the PETA investigation?
After a 2004 PETA undercover investigation which publicized abuse of chickens by employees of a West Virginia Pilgrim's Pride slaughterhouse that supplied chickens to KFC, PETA was joined by the Humane Society in calling for the Humane Slaughter Act to be expanded to include birds.
When did FSIS ban downer cattle?
Earlier concerns about humane treatment of non-ambulatory ( downer) cattle at slaughter houses became irrelevant when FSIS issued regulations in January 2004 (69 FR 1892) prohibiting them from being slaughtered and inspected for use as human food.
Why do animals have to be stunned?
According to the law, animals should be stunned into unconsciousness prior to their slaughter to ensure a death with less suffering than in killing methods used earlier. The most common methods are electrocution and CO2 stunning for swine and captive bolt stunning for cattle, sheep, and goats.
When was the humane slaughter act passed?
Passed the Senate on July 29, 1958 ( 72-9) with amendment. House agreed to Senate amendment on August 13, 1958 (Agreed voice vote) Signed into law by President Dwight D. Eisenhower on August 27, 1958. The Humane Slaughter Act, or the Humane Methods of Livestock Slaughter Act (P.L. 85-765; 7 U.S.C.
What is the Humane Slaughter Act?
The Humane Slaughter Act is a federal law that requires that livestock is rendered unconscious before slaughter. The law also regulates the transport of equines for slaughter and regulates the handling of "downed" animals. Downed animals are those who are too weak, sick or injured to stand.
What Does It Say?
The Act says that a slaughter is considered humane if "in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut;" or if the livestock is slaughtered in accordance with religious requirements "whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering."
Why is the Humane Slaughter Act important?
From an animal welfare position that does not object to animal use as long as the animals are treated humanely, the Humane Slaughter Act leaves a lot to be desired because of the exclusion of birds. Of the ten billion land animals slaughtered each year for food in the United States, Nine billion are chickens.
When was the Humane Methods of Slaughter Act passed?
This article contains new information and was updated and re-written in part by Michelle A. Rivera . The Humane Methods of Slaughter Act, 7 U.S.C. 1901, was originally passed in 1958 and is one of the few legal protections for farmed animals in the United States. Commonly called the "Humane Slaughter Act," the law sadly doesn't even cover most ...
What are state laws?
State Laws. State laws on agriculture or anti-cruelty laws may also apply to how an animal is slaughtered in the state. However, instead of providing additional protections for farmed animals, state laws are more likely to explicitly exclude livestock or routine agricultural practices.
Why is it cruel to kill chickens?
The standard method of killing chickens in the US is the electric immobilization method, which many believe is cruel because the birds are paralyzed, but conscious, when they are slaughtered. People for the Ethical Treatment of Animals and The Humane Society of the US support controlled atmosphere killing as a more humane method ...
Does the veal calves act cover downed veal?
The Act also didn't cover downed veal calves. However, the USDA's Food Safety and Inspection Service announced in 2016 that facilities must provide humane euthanasia for veal calves who are sick, disabled or dying.
What is HMSA in slaughter?
HMSA was intended to prevent needless suffering by requiring that livestock be treated humanely during slaughtering operations. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed with carbon dioxide, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA has its limits, however. For example, it applies to cattle, calves, horses, mules, sheep, swine, and goats, but not birds or animals killed in ritual slaughter. HMSA also lacks a general enforcement provision, but inspectors may enforce the regulations by halting operations. The regulations concerning nonambulatory livestock are enforced, however, and violations may result in criminal and civil penalties, such as fines and imprisonment.
What is HMSA livestock?
HMSA covers livestock animals, such as cattle, calves, horses, mules, sheep, swine, and “other livestock,” which has been interpreted to include goats and “other equines.” See HMSA § 1902 (a) ; CFR § 313.15, § 313.16 . Poultry animals (domestic birds) have been excluded from HMSA’s protection. This is discussed more fully in Section IV. Subsection A: “Exclusion of Certain Species.”
What is the HMSA requirement?
The HMSA’s requirement for humane methods of handling livestock in connection with slaughter has also been incorporated into the CFR. Such regulations mandate that animals be driven at a normal walking speed with a minimum of excitement and discomfort. CFR § 313.2 (a) .
What is the HMSA?
Summary: The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used .
What is a non-penetrating stunner?
If a stunner is used, it may be either a penetrating stunner that drives a bolt into the brain, CFR § 313.15 (b) (1) (i) , or a non-penetrating stunner (“mushroom stunner”) that drives a bolt with a flattened circular head against the external surface of the head over the brain. CFR § 313.15 (b) (1) (i) . Stunners that inject compressed air ...
When was the HMSA repealed?
HMSA § 1902 . Unfortunately, HMSA lacks a general enforcement provision since § 1903 was repealed in 1978.
What are the limitations of the HMSA?
HMSA, which was described by Senator Hubert Humphrey as “a mild and modest beginning in the field of humane slaughter,” Levine v. Conner , 540 F.Supp.2d 1113, 1119 (2008) , vacated and remanded Levine v. Vilsack, 587 F.3d 986 (2009) , has some significant limitations. For example, it does not address how animals are raised on the farm, David J. Wolfson, Beyond the Law: Agribusiness and the Systemic Abuse of Animals Raised for Food or Food Production , 2 Animal L. 123, 126 (1996) , or apply to any domestic birds (poultry) or animals killed in ritual slaughter. HMSA also lacks a general enforcement mechanism.
What is the 2002 Farm Bill?
107-171) includes a resolution dictating that the Humane Methods of Slaughter Act of 1958 should be fully enforced, preventing the needless suffering of animals. It further calls on the Secretary of Agriculture to track violations of the Act and “report the results and relevant trends annually to the US Congress.”.
What animals are not included in the Humane Methods of Slaughter Act?
The Humane Methods of Slaughter Act is expanded by an amendment requiring that cattle, sheep, swine, goats, horses, mules, and other equines (poultry are not included) imported into the United States for meat be slaughtered humanely.
What is the Humane Methods of Slaughter Act?
Humane Methods of Slaughter Act. The federal Humane Methods of Slaughter Act (P.L. 85-765) is signed into law by President Dwight D. Eisenhower on August 27. The Act requires all meat companies selling to the US government to provide stunning by mechanical, electrical, or chemical means prior to the killing of cattle, calves, horses, mules, sheep, ...
What is the Humane Methods of Slaughter Act?
This article gives a quick summary of the Humane Methods of Slaughter Act (HMSA). The Act requires that humane methods of slaughtering and handling livestock in connection with slaughter be used. Livestock animals, such as cattle, calves, horses, mules, sheep, swine, and goats, must be rendered insensible to pain before being shackled, hoisted, thrown, cast, or cut.
What are the requirements for humane handling of livestock?
To comply with HMSA’s requirement of humane handling of livestock in connection with slaughter, regulations mandate that animals be driven at a normal walking speed, and forbid driving animals using anything that could injure them or cause unnecessary pain. Livestock pens, driveways and ramps must also be constructed in such a way so as to prevent injury or pain to the animals. HMSA makes special provisions for the handling of nonambulatory livestock (animals that cannot walk). For example, such animals must be separated from the others and provided with a covered pen while they await disposition. Conscious nonambulatory animals may not be dragged, but rather must be moved in a humane manner. A violation of these provisions may result in criminal and civil penalties, such as a fine and/or imprisonment.
What is the humane method of slaughter?
The HMSA of 1978 ( 7 U.S.C. 1901 et seq.) requires that humane methods be used for handling and slaughtering livestock. The HMSA provides that two methods of slaughter and handling are humane. Under the first humane method, all livestock are rendered insensible to pain by a single blow or gunshot or an electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut. Under the second humane method, slaughtering is in accordance with the ritual requirements of the Jewish faith or of any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
What is the humane slaughter act?
All livestock establishments are required to meet requirements in the Humane Methods of Slaughter Act (HMSA), Federal Meat Inspection Act (FMIA) and implementing regulations. FSIS believes a systematic approach is beneficial in meeting these requirements and through this notice is encouraging livestock slaughter establishments to use a systematic approach to humane handling and slaughter to best ensure that they meet the requirements of the HMSA, FMIA, and implementing regulations. With a systematic approach, establishments focus on treating livestock in such a manner as to minimize excitement, discomfort, and accidental injury the entire time they hold livestock in connection with slaughter.
Why is FSIS issuing this notice?
FSIS is issuing this notice because there has been considerable congressional and public interest about the humane treatment of animals, and because the number of humane handling noncompliance incidents documented by FSIS in establishments has increased over the last three years.
Why is it important to use humane methods in slaughtering livestock?
The Congress finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economies in slaughtering operations; and produces other benefits for producers, processors, and consumers which tend to expedite an orderly flow of livestock and livestock products in interstate and foreign commerce. It is therefore declared to be the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods.
Why is it appropriate for the Secretary of Agriculture to issue guidelines for the regulation of the commercial transportation of equine?
"Because of the unique and special needs of equine being transported to slaughter, Congress finds that it is appropriate for the Secretary of Agriculture to issue guidelines for the regulation of the commercial transportation of equine for slaughter by persons regularly engaged in that activity within the United States.
What is the citation for the Humane Methods of Slaughter Act of 1978?
For citation of Pub. L. 95–445, Oct. 10, 1978, 92 Stat. 1069, as the "Humane Methods of Slaughter Act of 1978", see Short Title of 1978 Amendment note set out under section 601 of Title 21, Food and Drugs.
What is commercial transportation?
" (1) Commercial transportation .—The term 'commercial transportation' means the regular operation for profit of a transport business that uses trucks, tractors, trailers, or semitrailers, or any combination thereof, propelled or drawn by mechanical power on any highway or public road.
Is slaughtering a humane method?
No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:
When was the Farm Security and Rural Investment Act enacted?
Section was enacted as part of the Farm Security and Rural Investment Act of 2002 and not as part of Pub. L. 85–765, which comprises this chapter.
Who may issue guidelines for the regulation of the commercial transportation of equine for slaughter?
" (a) In General .—Subject to the availability of appropriations, the Secretary of Agriculture may issue guidelines for the regulation of the commercial transportation of equine for slaughter by persons regularly engaged in that activity within the United States.
Overview
The Humane Slaughter Act, or the Humane Methods of Livestock Slaughter Act (P.L. 85-765; 7 U.S.C. 1901 et seq.), is a United States federal law designed to decrease suffering of livestock during slaughter. It was approved on August 27, 1958. The most notable of these requirements is the need to have an animal completely sedated and insensible to pain. This is to minimize the suffering to t…
Content of the Humane Slaughter Act
7 U.S.C.A. § 1902. Humane No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane (a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or …
7 U.S.C.A. § 1902. Humane No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane (a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or …
History of the Humane Slaughter Act
The first version of the HMSLA was passed in 1958. Public demand for the act was so great that when asked at a press conference whether he would sign it, President Dwight D. Eisenhower stated, "If I went by mail, I'd think no one was interested in anything but humane slaughter." Senator Hubert H. Humphrey was the author of the first humane slaughter bill introduced in the US Congress and chief Senate sponsor of the Federal Humane Slaughter Act, which passed in 1…
Criticism of the HMSLA
The HMSLA is criticized by animal rights advocates and the Humane Society of the United States for only including cattle, pigs, and sheep but not poultry, fish, rabbits or other animals routinely slaughtered for food. After a 2004 PETA undercover investigation that publicized abuse of chickens by employees of a West Virginia Pilgrim's Pride slaughterhouse that supplied chickens to KFC, PETA was joined by the Humane Society in calling for the Humane Slaughter Act to be exp…
See also
• Humane Slaughter Association
• Animal law
• Factory farming
• Islamic ritual slaughter
• Veganism
External links
• 2003 Report from the USDA
• "Statute in Full at Animallaw.info". Animal Legal and Historical Center. Michigan State University College of Law.
What Is The Humane Slaughter Act?
What Does It Say?
- The Act says that a slaughter is considered humane if "in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut;" or if the livestock is slaughtered in accordance with religi…
The Exclusion of Billions of Farmed Animals
- There is one very big problem with the coverage of the law: the exclusion of billions of farmed animals. Birds make up the majority of farmed animals slaughtered for food in the US. While the law does not explicitly exclude birds, the USDA interprets the law to exclude chickens, turkeys, and other domestic fowl. Other laws define the word "livestock" for other purposes, and some includ…
Is The USDA Correct About Poultry?
- Poultry eaters and organizations representing poultry slaughterhouse workers sued the USDA, arguing that poultry is covered by the Humane Slaughter Act. In Levine v. Conner, 540 F. Supp. 2d 1113 (N.D. Cal. 2008) the US District Court for the Northern District of California sided with the USDA and found that the legislative intent was to exclude poultry from the definition of "livestoc…
State Laws
- State laws on agriculture or anti-cruelty laws may also apply to how an animal is slaughtered in the state. However, instead of providing additional protections for farmed animals, state laws are more likely to explicitly exclude livestock or routine agricultural practices.
Animal Rights and Animal Welfare Perspectives
- From an animal welfare position that does not object to animal use as long as the animals are treated humanely, the Humane Slaughter Act leaves a lot to be desired because of the exclusion of birds. Of the ten billion land animals slaughtered each year for food in the United States, Nine billion are chickens. Another 300 million are turkeys. The standard method of killing chickens in …
I. Introduction
- The Humane Methods of Slaughter Act (HMSA) (7 U.S.C.A. §§ 1901 et seq.) is federal legislation that was incorporated into the Federal Meat Inspection Act (FMIA) in 1967 to further United States public policy of treating livestock humanely. Congress declared humane treatment of livestock to be public policy because it prevents needless suffering and improves working conditions, produ…
II. Animals Covered Under HMSA
- HMSA covers livestock animals, such as cattle, calves, horses, mules, sheep, swine, and “other livestock,” which has been interpreted to include goats and “other equines.” See HMSA § 1902(a) ; CFR § 313.15, § 313.16 . Poultry animals (domestic birds) have been excluded from HMSA’s protection. This is discussed more fully in Section IV. Subsection A: “Exclusion of Certain Specie…
III. Acceptable Methods of Slaughter
- Under § 1902(a) , livestock animals (cattle, calves, horses, mules, sheep, swine, and goats) must be “rendered insensible to pain... before being shackled, hoisted, thrown, cast, or cut.” The animal may be made unconscious of pain “by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective.” HMSA § 1902(a) . T...
IV. Provisions For Nonambulatory Livestock
- The Secretary of Agriculture has promulgated regulations to provide for the humane treatment of nonambulatory livestock (animals that cannot walk) in particular. See HMSA § 1907(b) . These regulations prohibit the dragging of conscious nonambulatory livestock. CFR § 313.2(d)(2) . Disabled animals must be moved on suitable equipment, such as on stone boats, or stunned bef…
v. Limitations of The HMSA
- HMSA, which was described by Senator Hubert Humphrey as “a mild and modest beginning in the field of humane slaughter,” Levine v. Conner, 540 F.Supp.2d 1113, 1119 (2008), vacated and remanded Levine v. Vilsack, 587 F.3d 986 (2009) , has some significant limitations. For example, it does not address how animals are raised on the farm, David J. Wolfson, Beyond the Law: Agribu…