skip to main content skip to main navigation
Humane Treatment of Livestock

WHEREAS,
the Department, working with industry representatives, New Jersey Farm Bureau, veterinarians, Rutgers University, and the New Jersey Agricultural Experiment Station, wrote and adopted N.J.A.C. 2:8, which became the first regulations of their kind in the country to address the humane care and keeping of domestic livestock; and

WHEREAS, the New Jersey Supreme Court on July 30, 2008, following a challenge by the New Jersey Society for the Prevention of Cruelty to Animals, among others, largely upheld the Standards, but rejected the Department’s deference to veterinary and land grant colleges and agricultural extension agents for the identification of humane husbandry practices; and

WHEREAS, the modifications mandated by the Court resulted in a successful request to the Governor for an extension for rule re-adoption, which was originally scheduled to sunset in June 2009. The 18-month extension will allow time to evaluate new guidance documents prepared by industry, other states and countries and the OIE [world health organization for animal health].

NOW, THEREFORE, BE IT RESOLVED, that we, the delegates to the 95th State Agricultural Convention, assembled in East Brunswick, New Jersey, on February 9, 2010, urge that New Jersey’s agricultural community continue to embrace N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, and we respectfully urge the Legislature to provide funding to support these mandated functions.

BE IT FURTHER RESOLVED, that we continue to support the Department’s ongoing review of scientific literature, veterinary school, land grant colleges, and agricultural extension curricula, and other pertinent scientific studies to ensure that New Jersey’s standards continue to reflect practices supported by science and informed by animal welfare concerns in consultation with the New Jersey Agricultural Experiment Station.

BE IT FURTHER RESOLVED, that we continue to support the Department’s cooperation with the New Jersey State Attorney General to require that all law enforcement personnel authorized to respond to animal cruelty complaints comply with N.J.A.C. 2:8 and enforce those standards upheld by the Supreme Court, as well as ensuring that the notification requirements to the Department are also upheld.

BE IT FURTHER RESOLVED, that we recognize the increased interest and concern within the state and country about livestock handling and welfare and therefore support the expansion of services provided by the Division of Animal Health in order to maintain pace with the significant increase in requests for field investigations of alleged violations.

BE IT FURTHER RESOLVED, that we support appropriate funding levels and resources to properly comply with the Legislature’s mandate that the Department continually review and update standards to ensure the humane care of livestock and poultry. 

BACKGROUND

In 1995, the New Jersey State Legislature mandated that the New Jersey Department of Agriculture develop and adopt regulations governing the minimum standards of humane raising, keeping, care, treatment, marketing and sale of domestic livestock and poultry. Working with industry representatives, New Jersey Farm Bureau, veterinarians, Rutgers University, and the New Jersey Agricultural Experiment Station, the Department wrote and adopted N.J.A.C. 2:8, which became the first regulations of their kind in the country.

On February 16, 2007, the Superior Court of New Jersey Appellate Division (Docket No. A-6319-03T1) upheld standards developed by the Department.  That decision was largely upheld by the New Jersey Supreme Court on July 30, 2008 following a challenge by the New Jersey Society for the Prevention of Cruelty to Animals, et. al. However, the Court rejected the Department’s deference to veterinary and land grant colleges and agricultural extension agents for the identification of humane husbandry practices.

Additionally, the Court found the Department failed to define “knowledgeable individual” and “minimize pain.” The modifications mandated by the Court resulted in a successful request to the Governor for an extension for rule readoption, which was originally scheduled to sunset in June 2009. The 18-month extension will allow time to evaluate new guidance documents prepared by industry, other states and countries and the OIE [world health organization for animal health].

Meanwhile, the state and county Societies for the Prevention of Cruelty to Animals (SPCAs) continue to ignore the rule’s prescribed requirements and instead utilize individual and arbitrary standards when investigating cases involving livestock and poultry. The failure of state and county Societies for the Prevention of Cruelty to Animals (SPCAs) to notify the Department upon receipt of an allegation of animal cruelty involving domestic livestock, as well as the failure to provide reports upon investigation, both required by regulation, presents unacceptable risk to the animal and human health populations of this state, as they are not qualified to identify conditions resulting from diseases, ailments or toxins that could be identified and mitigated by Certified Livestock Inspectors at the Department. The Department nevertheless responds to complaints of citizens and animal owners about potential animal cruelty, as well as complaints from those unjustly charged with unsubstantiated allegations of cruelty.

The Department has never been funded by the State for any of its efforts or resources utilized for rule preparation and administration. The Division will be unable to provide assistance and investigations in the near future if funding to the Division and Department remains insufficient to fund all state employees.