BOISE, Idaho – The state of Idaho is appealing a court decision that struck down its so-called ag-gag law, which was passed to punish food safety and animal rights activists who secretly film and reveal conditions for animals at agricultural facilities.
Oral arguments on the law, which was ruled unconstitutional in 2015, are scheduled Friday in the Ninth U.S. Circuit Court of Appeals .
The Idaho judge who made the decision says it violates the right to free speech.
Matthew Liebman is director of litigation with the Animal Legal Defense Fund, which originally challenged the law.
"From our perspective, it's quite clear that the purpose of this statute is to shut down one of the only available windows that the public has onto how animals are treated on factory farms," he points out.
The Idaho attorney general, as well as farm and cattle groups, say the law protects the property rights of agricultural producers.
The law originally was passed after the animal rights group Mercy for Animals released a video in 2012 showing workers beating cows at Bettencourt Dairies in Hansen.
Liebman says more than 100 undercover investigations across the country in recent years have revealed cruel conditions for animals on factory farms. He adds that mistreatment of animals on farms is widespread throughout the industry.
"Rather than change those practices, the response of the industry has been to kill the messenger by criminalizing undercover investigations and really trying to keep the public in the dark about how animals are treated," he states.
Idaho is one of eight states that have passed ag-gag laws. It is the only state to strike down such a law.
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Pork producers are expected to argue against California's animal welfare laws at a hearing Wednesday before the House Committee on Agriculture.
The witnesses all oppose California's Proposition 12, which establishes minimum space requirements for egg-laying hens and breeding pigs and bans the sale of products failing to comply with those standards.
Wayne Pacelle, president of the advocacy group Animal Wellness Action, said factory farms have too much influence on the federal government.
"The American public doesn't support confining an animal so severely that she can't even turn around," Pacelle asserted. "These crates and cages that they jam breeding sows and laying hens into don't give the animals any opportunity to move."
Across the country, 1,200 producers already comply with Proposition 12 and currently supply pork and eggs to California, according to a report released this week by Animal Wellness Action.
Last week, the Department of Justice sued the State of California, seeking to invalidate parts of Proposition 12, arguing the standards are expensive to implement and drive up the cost of eggs.
Pacelle noted avian flu reduced the supply of eggs and drove up prices. He added California pork and egg producers have already spent millions to comply with Proposition 12.
"The egg producers in California want to keep that law," Pacelle contended. "They don't want to be undercut by cheap eggs coming from Mexico or Iowa, where the animals are jammed, wing to wing, shoulder to shoulder, and can't even move. I mean, giving the animal space may cost a couple of pennies more, but it's what's right."
Congress is considering whether the next Farm Bill should include a proposal to invalidate many state animal welfare laws. The Food Security and Farm Protection Act would overturn Proposition 12 and similar laws in other states.
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A new "Compassion Calculator" launched by the charity portal FarmKind aims to help Coloradans who eat meat improve their animal welfare footprints by funneling small donations to verified nonprofits, similar to how polluting companies buy offsets to reduce their carbon footprints.
Thom Norman, cofounder of FarmKind, said the calculator makes it easy for anyone to help end the controversial practice of factory farming, where large numbers of animals are confined in small spaces to produce dairy, eggs and meat as cheaply as possible.
"Most people agree that factory farming is bad, almost half of people in America say that they want to see a ban on new factory farms," Norman reported. "But people often don't know what they can do to help with this problem."
Proponents of factory farming have argued it is necessary to meet growing demand from a rising global population but Norman believes the marketplace is shifting. One recipient of the donations, The Humane League, led successful campaigns to get McDonald's, Panera, Starbucks and Taco Bell to stop using eggs from hens confined in cages so small, birds could not stretch their wings or stand upright.
The shift to cage-free eggs has accelerated after 11 states, including Colorado, set regulations on so-called conventional eggs and the recent bird flu crisis, which led to the loss of more than 125 million U.S. hens.
Norman argued the crowded, high stress conditions in cages are not only inhumane, they also present a clear risk of rapid disease transmission.
"It also is a major driver of public health risks, like for example, antibiotic resistant diseases," Norman stressed. "We feed three quarters of all antibiotics to animals."
FarmKind recently announced its first partnership with a major restaurant chain to use the calculator at scale. Animal welfare effects are offset by three cents per hamburger, and just two cents for an omelet. Norman estimated a three cent offset on last year's global burger sales, less than the cost of a ketchup packet, would have generated nearly $80 million to help create a more humane food system.
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Minnesota's transition to the warmer months has been rough when factoring in air quality.
Just like in 2023, there are occasional bouts of unhealthy smoke from Canadian wildfires and animal experts said pets need protection, too. The American Humane Society said just like their owners, the respiratory systems of dogs and cats can suffer when smoky conditions come on strong.
Dr. Thomas Edling, chief veterinary officer of the Humane Society, said dogs need their outside time on a daily basis but when the air quality is bad, it should to be limited to mainly bathroom breaks. He discussed complications with dogs unable to resist running around.
"Younger dogs, especially, are very prone to doing that," Edling observed. "And when do that, you just make the situation worse, because you are breathing more air in quickly, more particulate matter, things like that."
He added owners should avoid activities like playing fetch during brief outdoor moments with their dog. The Humane Society said older pets and certain breeds, including French bulldogs and pugs, are more susceptible to poor air quality and require extra vigilance.
Edling echoed guidance from other health experts who said when the air is filled with smoke, pet owners should keep their windows and doors closed. If a pet's food and water bowl is normally placed outside, they need to be brought in.
"Those will be a collection point for the particulate matter in the air as it falls down and that debris will contaminate the food and the water," Edling pointed out.
After any outdoor activity, owners are encouraged to monitor their pet for coughing, sneezing and difficulty breathing. If the animal shows signs it breathed in too much unhealthy air, a veterinarian should be consulted for possible treatment.
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