This Little Piggy Went to Marketor Why its Better to be a - PDF document

CTLA Feature Articles This Little Piggy Went to Market…or Why it’s Better to be a Market-Bound Pig in the U.S.: L OOKING S OUTH WILL G UIDE C ANADIANS IN THEIR R EFORM OF L IVE A NIMAL T RANSPORTATION L AWS Jonathan R. Todd* Heather C. Devine** Somm Tabrizi*** Introduction: laws are, comparatively, more progres- policies surrounding the U.S. laws sive. We begin with an examination changed last decade as a result of the Why Canadian Live Transport of the Canadian regulatory land- U.S. Humane Society’s intervention. Laws are in the News scape for animal transport. Jonathan Lastly, we conclude with recommen- Recently, 42 pigs injured or killed then explains that the enforcement dations for humane, and economically en route from farm to abattoir in the City of Burlington, Ontario, Canada (located between Hamilton and Toronto) raised public awareness of lax Canadian laws governing the transportation of live animals. The driver involved in the Burlington incident was charged with careless driving as a result of the roll-over. 1 In a related incident (pigs en route to the same abattoir), a woman was charged with mischief for allegedly giving water to trailered pigs. 2 The Ontario Society for the Prevention of Cruelty to Animals (SPCA) is currently investigating the crash in Burlington; although at this time, no allegations of impropriety have been made by the SPCA. 3 This article examines how U.S. Animal supporters take advantage of the truck *Benesch Friedlander Coplan & Aronoff., Cleveland, Ohio slowly turning into the abattoir entrance to give **Isaacs & Co., Toronto, Ontario the pigs water through the slats of the container. H.C. Devine ***Isaacs & Co., Toronto, Ontario 46 T RANSPORTATION L AWYERS A SSOCIATION • C ANADIAN T RANSPORT L AWYERS A SSOCIATION

T HE T RANSPORTATION L AWYER CTLA Feature Articles advantageous, reforms to Canada’s • providing food, water and pigs from the supply chain, on the legislation. rest at specific intervals; one hand, and the Health of Animals Act and its implementing regulations, • protecting animals from Canadian Laws Governing on the other. Ultimately, the owner, adverse weather; Animal Transport: consignee, or transporter often makes • providing adequate the economic decision to take the risk The 36-Hour Law ventilation; that the pig will not go down during While many Canadians may not • using proper containers and transport, and will instead survive the contemplate how their bacon travels transport vehicles; and, transport long enough to be processed from farm to processing plant, our • segregating incompatible and converted to value. review shows that Canadian animal animals. transport laws are not only vague in U.S. Laws Governing Animal Essentially, the regulations pro- language and application, but are also Transport: The 28-Hour Law vide that pigs and chickens can be outdated and comparatively inhu- in transit for up to 36 hours without The principal U.S. law govern- mane relative to those in the U.S. access to food or water, while cattle ing the transportation of livestock The transportation of live can be deprived thereof for up to 52 is referred to as “The 28-Hour Law”, animals by all modes of transport hours. However, the implementation which is set forth in 49 USC § 80502. – land, air and water – is regulated of the regulations leaves tremendous The law applies broadly to “a rail by the Canadian federal government scope for interpretation by all inter- carrier, express carrier, or common under Part XII (Transportation of ested parties. Many aspects of the carrier (except by air or water)” per- Animals) of the Health of Animals regulations’ practical application are forming transportation in interstate Regulations, CRC, c 296, which reg- discretionary and are governed only commerce. ulates the conditions for humanely by a Code of Practice. For exam- transporting all animals in Canada. 4 In general, it is prohibited to con- ple, the National Farm Animal Care These regulations apply to anyone fine animals in any transportation Council’s Recommended Code of involved in the transportation pro- vehicle or other vessel for more than Practice for the Care and Handling cess, including owners and producers, 28 consecutive hours without unload- of Farm Animals – Transportation processors, auction markets, assembly ing the animals to provide food, water, is a code of industry best practice yards, feedlots, shippers, and drivers. and rest for 5 hours. Unloading must rather than law, and, therefore, is not be performed in a humane manner The enabling statute for these binding. into pens. The owner or person in regulations is the Health of Animals Even within this Code, pro- Act , SC 1990, c 21. 5 These laws, both custody of the animals must provide scriptions are drafted as mere the necessary food and water, or if a the regulations and the statute, are in recommendations. By way of example, third-party performs such tasks for the turn enforced by the Canadian Food ‘Appendix L –“Should this Pig be Inspection Agency (CFIA), with the owner’s benefit, then additional mea- Loaded?” Decision Tree’ provides only sures provide for such party’s financial assistance of other federal, provincial recommendations – not legislated pro- and territorial authorities. 6 and legal protection. hibitions. For instance, this Decision While some provinces have addi- Knowing and willful violations Tree states: tional statutes and/or regulations of the Twenty-Eight Hour Law carry IMPORTANT NOTICE: governing the transportation of ani- a civil penalty of at least $100, but If an animal has difficulty mals, Ontario primarily relies upon, not more than $500, for each viola- walking or loading, it is likely that and adopts, the federal regulations set tion. There are four exceptions to the the animal will go down during out above. general rule under the Twenty-Eight transport. It is also very likely Hour Law: (1) sheep may be confined These regulations are expressly that it will be subjected to addi- for an additional 8-hour period if the intended to prohibit: tional suffering and/or injury from 28-hour period ends at night; (2) con- • overcrowding of animals; trampling as a result of becom- finement of any animal may exceed 28 • transporting of animals that ing non-ambulatory during the hours due to an accident or unavoid- are unfit for transport; and, journey. If this is the case, trans- able cause; (3) the owner or person portation is not recommended. 7 • loading, transporting or having custody may request in writ- unloading of animals in a Currently, the issue in Canada is ing, separate from the bill of lading, way that could cause injury that the 28 hour period be extended the disconnect between the humane or suffering. reasons presented in the Code of up to 36 hours; and, (4) additional They also establish requirements for: Practice supporting removal of such time spent loading and unloading T RANSPORTATION L AWYERS A SSOCIATION • C ANADIAN T RANSPORT L AWYERS A SSOCIATION 47