By Grace Hussain for Sentient.
Broadcast version by Nadia Ramlagan for Kentucky News Connection reporting for the Sentient-Public News Service Collaboration

Kentucky is one of the latest states to take aim at undercover investigations of factory farms. Passed after a legislative override of Governor Beshear's veto on April 12, Senate Bill 16 prevents unauthorized filming, pictures or audio recording of food processing plants and meat and dairy operations. The law targets small and large producers - including Tyson Foods, whose lobbyist helped draft the bill. But SB16 is also unique from past ag-gag legislation, as the bill's proponents sought to ban use of drones for investigations.

Historically, ag-gag laws are bills that make it illegal to film inside factory farms and slaughterhouses without the owner's permission. The new Kentucky measure fits that description, but also includes the anti-drone component, and a prohibition on recording any "part, procedure or action" of a factory farm or food processing plant. Critics of the law say its broad language makes it vulnerable to a First Amendment challenge in court, which was the fate for ag gag laws passed in Kansas and Idaho.

Drones Under the Law

Commercial drone pilots are subject to the Federal Aviation Administration's oversight. This includes regulations that set federal no-fly zones, limits on how high they can fly, identification standards and permitting requirements. Earlier this year, the federal agency took steps to beef up drone governance by implementing a rule referred to as Remote ID, which requires that drones be remotely identifiable using long range monitors. There are only a handful of areas in which the ID is not necessary - most run by drone schools.

However, there are rules and then there is reality. "Drone laws are really hard to enforce," Kentucky-based commercial drone pilot Andrew Peckat, tells Sentient. That's especially true in rural areas where many industrial meat and dairy operations are located. "I imagine these facilities are in the middle of nowhere, and there's not going to be any flight restriction zones around them." Peckat sees regulations of drones as largely unenforceable. "I'm not going to have to apply for any permits," Peckat says, adding, "There's probably...going to be no way to figure out" who's taking the drone footage.

Critics Call Out Unintended Consequences

Opponents of the legislation argue that the language of Kentucky's SB16 is overly vague, which suggests that it could end up doing even more to shield the meat and dairy industry from the public eye. "I do think this is just so much broader than a typical Ag Gag bill," says Ashley Wilmes, who leads Kentucky Resources Council, a nonprofit aimed at conserving the state's natural resources.

According to Wilmes, the legislation leaves many unanswered questions, and that lack of clarity could discourage potential whistleblowers from coming forward. Wilmes isn't just concerned about undercover investigations either. If allowed to stand, the law could have implications for some of Kentucky Resources Council's current legal aid clients who want to monitor pollution. "We have clients that care considerably about water quality," she explains, some of whom live next to food processing facilities or factory farms, and have reached out to Wilmes for guidance about what they can and can't do under the new rule. "What if they see something, and they're documenting it from their own property?" she asks. The law is written so broadly, she says, that it's possible to conclude "that's now a crime," Wilmes says.

Tyson Behind the Push for the Legislation

Kentucky's ag gag legislation was sponsored by Senators John Schickel (R), Rick Girdler (R), Brandon Storm (R) and Robin Webb (D). During testimony before the agriculture committee, Senator Schickel revealed the bill was originally drafted by Steve Butts, who appeared to then hold the title of Senior Manager of Security at Tyson. Throughout the bill's progress through the legislature, lobbyist Ronald J. Pryor - who counts Tyson Foods and the Kentucky Poultry Federation among his clients - worked to get the law passed.

In a hearing before the state senate's agriculture committee, Graham Hall, a government affairs manager with Tyson Foods, testified that drones pose a threat to agricultural operations, citing incidents in North Carolina where a drone landed on a truck containing livestock. But there were no such incidents in Kentucky presented as evidence, though the multinational corporation did open a $355 million pork processing facility in the state in January.

Kentucky's Governor Beshear vetoed the measure, writing that "the bill diminishes transparency" in a statement accompanying his decision. With an overwhelming majority in both chambers however, state lawmakers overrode the governor's veto. Now the bill is poised to become law in mid-July of this year - 90 days after the conclusion of the legislative session.

One potential hitch could be a legal challenge however, as Kentucky Resource Council is in talks with other organizations to consider filing a lawsuit to strike down SB-16 for violating the First Amendment.

If successful, the lawsuit would force Kentucky's ag gag law to follow in the footsteps of so many ag gag laws passed before it in other states. One of the most recent decisions, in North Carolina, struck down a similar law, as lawmakers there sought to ban undercover investigations, but ultimately failed.


Grace Hussain wrote this article for Sentient.


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A group of Pierce County residents is awaiting a response to a petition for a contested case hearing for the expansion of Ridge Breeze Dairy to grow four times its size.

Larry Brenner, owner of Vino in the Valley, said his home, land and business is about a mile below the hill where Ridge Breeze is located. He said it makes his land and tributaries, like the Rush River running next to his property, especially vulnerable to things like manure runoff and accidents.

"That river is where my grandpa's land flowed through, so the fact that I now have a piece of that river flowing through my property, it's very special," Brenner observed. "And boy, it's threatened."

Brenner pointed out the expansion could result in almost 80 million gallons of untreated manure annually, potentially affecting water sources and causing increased odor issues and noise from hundreds of manure trucks.

Jenelle Ludwig Krause, executive director of the group Grassroots Organizing Western Wisconsin, lives about 20 minutes from Ridge Breeze. She said the personal effects of environmental and health concerns compelled her to take legal action.

Krause's mother has terminal cancer and she lost her brother to depression eight years ago. She explained when she learned that these conditions could be caused by exposure to carcinogens like those used to treat manure, she was horrified.

"Manure contains large amounts of nitrogen which is a probable carcinogen," Ludwig Krause pointed out. "The odors that come from the manure can increase anxiety and depression, and this really hit me close to home."

Both Ludwig Krause and Brenner said fighting concentrated animal feeding operations is challenging due to federal and state support but emphasized the importance of local ordinances and community involvement in curbing their growth.

"On my own, there wasn't much I could do. I felt really isolated and powerless," Ludwig Krause acknowledged. "I contrast what happened then to what's happening now, and I'm just so deeply grateful and hopeful that when people come together, we actually are building power to be able to change the things that are around us and have a voice in the decisions that impact us. "

Grassroots Organizing Western Wisconsin said it expects the expansion will be paused until the contested case hearing is resolved. In the meantime, it will continue to work with local communities to get more operations ordinances passed to help better regulate the agribusiness.


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By Grey Moran for Sentient.
Broadcast version by Zamone Perez for Virginia News Connection reporting for the Sentient-Public News Service Collaboration

Last August, the U.S. Department of Agriculture’s Food & Safety Inspection Service, the federal team responsible for ensuring the safe and accurate labeling of the commercial meat supply, issued letters to several dozen meat producers to inform them of antibiotics detected in beef. This isn’t an unusual finding — antibiotics are widely used on industrial animal farms — yet the meat sampled was on track to be sold as “antibiotic-free,” “raised without antibiotics” or a similar label promising that the animals were never administered antibiotics.

These letters, recently obtained by the advocacy group Farm Forward through a Freedom of Information Act request, reveal that the world’s largest meat producers — JBS, Cargill, and Tyson — raised cattle that tested positive for antibiotics prohibited under USDA-approved labels advertising the beef as free of antibiotics.

“This strongly suggests that the US antibiotic-free beef supply is deeply contaminated and deeply deceptive to American consumers,” Andrew deCoriolis, the executive director of Farm Forward tells Sentient.

The USDA’s Food & Safety Inspection Service found that 20 percent of the samples under this label tested positive for antibiotics, raising questions about how widespread mislabeling is in the U.S. commercial beef supply. These findings were announced last August, but the names of the companies which tested positive for antibiotics were not made publicly available until recently, as part of a new report released by Farm Forward questioning the validity of this popular label.

“It does seem to violate the nature of the label,” says Keeve Nachman, the associate director of the Johns Hopkins Center for a Livable Future. Nachman is not concerned about immediate health impacts — consuming antibiotic residue does not cause an immediate illness, but contributes to the rise of antibiotic resistant bacteria — though he is concerned about the broader lack of transparency around antibiotic use on farms and how that contributes to longer-term antibiotic resistance in humans and animals.

These faulty labeling practices result in a “mischaracterization of the magnitude of antibiotics being used in agriculture,” Nachman says. It’s been estimated that 70 percent of medically-important antibiotics sold in the U.S. — those used to treat human infections — are used to produce meat, dairy and other animal-sourced products. The difference between what’s presented on labels and actual use means the public may not understand the urgency. “It is going to mean that we don’t have the full appreciation of the pressure our agricultural industry puts on the ability of those drugs to resolve human infections,” says Nachman.

The World Health Organization calls antimicrobial resistance “one of the top global public health and development threats,” responsible for millions of deaths every year. The problem is only going to get worse, according to public health experts. The misuse and overuse of antibiotics — both in humans and farm animals (who often receive the same antibiotics) — leads bacteria to develop more resistant genes that then fail to respond to the medically necessary use of these drugs.

The USDA’s Food & Safety Inspection Service (FSIS) sent a total of 27 letters to offending meat companies, advising them to “conduct a root cause analysis to determine how antibiotics were introduced into the animal and to take appropriate measures to ensure future products are not misbranded.” FSIS sampled between one and four cattle carcasses per processing facility, which were randomly selected as part of a 2023 initiative. In the letters, FSIS stated that it would “not take immediate enforcement action in response to individual test results.”

“USDA is continuing to review policies and actions taken by the previous administration,” a FSIS spokesperson told Sentient in an e-mail, in response to questions about whether they intend to take any follow-up enforcement or policy actions. “FSIS remains committed to ensuring the safety of the nation’s food supply and protecting public health.”

deCoriolis points to the USDA’s lax oversight of this voluntary certification program, which requires that companies submit documentation to receive the USDA’s approval for use of this label. The USDA relies on self-reported information to validate these and many other claims, including humanely-raised and free range claims.

Meat brands are required only to submit written statements attesting to their process for ensuring antibiotics are not part of their meat supply chains. As deCoriolis sees it, the certification process is vulnerable to exploitation — companies can charge a higher price for meat sold as antibiotic-free but there is not enough oversight to ensure compliance.

“Despite the USDA knowing that this label claim is, in many cases false, they continue to approve the label without requiring testing to verify the claim,” continued deCoriolis. ”From our perspective, this is the USDA deliberately maintaining labeling policies that allow meat companies to mislead the public. And the effect of that is the USDA is giving meat companies a consumer liability shield to protect them from consumer protection laws.”

The Federal Meat Inspection Act (FMIA) and Poultry Products Inspection Act (PPIA) set the federal legal frameworks for meat and poultry product labeling, which refers to the language on the back or front of meat packaging in grocery stores. Previously, courts have held that if the manufacturer’s labels are approved by the USDA, they can be legally used for advertising — effectively giving the USDA the final say on what winds up on meat labels.

Following these test results, the USDA updated its guidelines to “strongly encourages the use of third-party certification to substantiate animal-raising or environment-related claims,” but the agency fell short of actually requiring third-party verification. The updated guidelines were announced in August under President Biden’s administration, and there has not been any further action in this vein under USDA Secretary Brooke Rollins.

Sentient reached out to every meat producer that received a letter to see if they had followed the USDA’s recommendations in conducting a root causes analysis to determine how antibiotics entered their food supply, or any other additional measures.

According to FSIS’s letter, inspectors identified monensin — an antibiotic that is banned in the European Union as a growth promoter in farm animals — in animal carcasses sampled at Swift Beef Company in Greeley, Colorado, a subsidiary of JBS USA, one of the largest meat companies in the world. JBS USA claims beef sold under its Aspen Ridge brand come from cattle that “have never received growth promotants of any kind.”

In an e-mail to Sentient, Nikki Richardson, JBS USA’s Head of Corporate Communications, wrote that “the product impacted in this instance was identified at the facility and never made it into the food supply.” She also wrote that JBS USA conducted an audit following this incident. No evidence of either statement was provided. Sentient asked if the company would be willing to provide Sentient with “the results of the audit, for the sake of consumer transparency,” but Richardson did not reply.

Similarly, FSIS detected monensin in an animal carcass at a Cargill facility in Fort Morgan, Colorado and tulathromycin (used to treat bovine respiratory illnesses) at a separate Cargill facility in Wyalusing, Pennsylvania. Chuck Miller, the global external communications lead for Cargill, replied that the company has not violated any regulatory requirements.

“Cargill complies with USDA and FSIS regulatory requirements to ensure safe and compliant products enter the market,” stated Miller, in an email to Sentient. “I would also like to reinforce that there has been no evidence that meat with antibiotic residue levels in excess of regulatory standards entered the food supply.”

Tyson did not respond to a request for comment. However, Tyson has scaled back on its previous pledge to raise beef without antibiotics, following previous public scrutiny of these labeling claims. 

There are shortcomings to FSIS’s testing program. The tests performed didn’t distinguish between selective antibiotic use to treat an illness and constant low-dose exposure to antibiotics administered directly into the animals’ feed. While both are prohibited under the labeling program, the excessive, chronic use of antibiotics poses a much more serious risk to public health, contributing to the development of antibiotic resistance. 

“If a cow is selectively treated for penicillin two years ago and gets harvested, that’s one thing. But if it’s been constantly exposed to a drug, over and over again, leading up to 30 to 60 days prior to the time it was harvested, that’s going to be a whole other level of residue,” says Marshall Bartlett, the co-founder of Home Place Pastures, a cattle and pig farm and processing house in Como, Mississippi. FSIS’s letters don’t indicate the level of residue. 

FSIS found that one of Bartlett’s cattle tested positive for penicillin, which is commonly used on small farms to selectively treat illnesses. He performed the root cause analysis as recommended, tracing it back to a nearby producer who sells him cattle, who forgot to tag that animal to indicate that it could no longer be sold under the labeling program. “The producer was very apologetic and understood,” says Bartlett. 

Out of all of the meat producers, Bartlett is the only one who said he performed this analysis and was willing to share the results. He hopes that the USDA expands and refines its testing for antibiotics use. “As far as we’re concerned, we’re really committed to transparency and figuring this out, trying to be an advocate for local farmers in our supply chain,” he says.


Grey Moran wrote this article for Sentient.


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By Dawn Attride for Sentient.
Broadcast version by Mark Richardson for Arkansas News Service reporting for the Sentient-Public News Service Collaboration

It's no secret that industrial animal agriculture is draining our planet's resources and is one of the largest sources of greenhouse gas emissions - responsible for somewhere between 12 and nearly 20 percent of climate pollution. On a personal level, reducing meat consumption and adapting to a plant-forward diet are one of the most effective forms of climate action. When it comes to more systemic solutions however, lawmakers and development banks have favored interventions that tend to be tech-based, or human manufactured. These solutions, like dairy digesters that convert manure into biogas, or synthetic feed additives that reduce methane emissions from livestock, also tend to be hotly contested by a certain swath of environmentalists.

While such technologies promise to curb emissions, the reality is not so simple - and they also may do little to combat agriculture's stress on water, soils and biodiversity. These strategies often don't address issues like soil health or the deforestation of land - at least not directly.

A new report makes the case that the best way forward may lie in investing in nature-based solutions, rather than technological ones. The findings were published by The Farm Animal Investment Risk and Return Initiative (FAIRR), an investor network covering risks and opportunities in the global food system.

Investing in Nature Take Time, but Benefits Ecosystems

A nature-based solution uses natural techniques and ecosystems to address environmental challenges, such as planting trees or restoring wetlands to capture carbon.

The new FAIRR report is the "first of its kind" in developing a framework to attract investment for long-term climate solutions in a way that considers the whole planet holistically, Sajeev Mohankumar, senior technical specialist of climate and biodiversity at FAIRR, tells Sentient.

"Industrial farming produces more calories and produces more product per unit area because they are so efficient and their only goal is to maximize profit. But what we wanted to emphasize in this report is that that is not the only system of agriculture -- it also has to deliver for the animals in terms of welfare, human health and planetary health. That's where nature-based solutions come into play," he says.

FAIRR evaluated 22 on-farm interventions (12 nature-based, 10 tech-based) often cited to address agriculture's climate and nature risks. They found that nature-based solutions such as hedgerows (rows of shrubs that act as a carbon sink and reduce soil erosion) and silvopasture (integrating trees into grazing pastures) had a greater positive impact collectively on emissions reductions, biodiversity, freshwater use and the flow of nutrients across ecosystems. "Nature-based interventions can deliver 37 percent of the mitigation required to meet 2030 climate targets, along with significant nature co-benefits," the report states.

Nature-based solutions are touted as offering more holistic rewards, but can take time to show impact, which can be difficult to sell to investors. "I think there is a lack of knowledge in terms of connecting some of the financial returns to environmental outcomes," Mohankumar says. "This involves changing the behavior of farmers and tying them into a long-term contract...it takes a long time to yield benefits."

For example, technology like synthetic animal feed additives reduce methane emissions from livestock by roughly 10-30 percent, but offer few co-benefits for nature. Hedgerows, by comparison, reduce emissions but also have positive environmental benefits, such as reducing soil erosion and curbing nutrient runoff into water. On the other hand, hedgerows need to be planted in large quantities, and require a long timescale of up to 10 years to sequester significant amounts of carbon.

A Ticking Climate Clock Requires Thoughtful Solutions

Nature-based solutions have another added benefit: they tend to boost climate resilience, often in a more cost-effective way, according to a recent review of over 100 peer-reviewed articles. Sixty-five percent of studies found that nature-based solutions were better at reducing disaster risk, and 71 percent of studies found that they were more cost-effective than tech-based ones.

Currently, the majority of on-farm intervention investment flows toward technological advances, which, FAIRR says is "concerning." This is because tech-based climate interventions "are more likely to be aligned with intensive livestock production practices, and lead only to incremental emissions reductions relative to the long-term systemic changes from implementing nature-based interventions." In other words, these solutions cut down on emissions a little, without addressing the problems caused by industrial food systems, like poor animal welfare or water pollution.

Not every climate researcher sees a clear preference for technology or nature-based solutions. Sentient asked Richard Waite, director for Agriculture Initiatives, Food, Land and Water Program at the World Resources Institute (WRI), to take a look at FAIRR's research, with which he was not involved. Waite was a co-author of a 2019 report from WRI that recommended a suite of solutions to meet the challenge of feeding even more people on the planet - 9.7 billion by 2050 - without draining natural resources and driving up global temperatures to an unhealthy degree.

"This report looks at many interventions that are commonly cited when talking about reducing agriculture's impacts on climate and nature. It recommends more investment in nature-based solutions, while also noting that such interventions may lower food production," Waite tells Sentient.

"In our world of increasing food demand linked to agricultural expansion and deforestation," says Waite, "we must be very careful to assess any tradeoffs related to shifting to agricultural systems or practices that produce less food and require more land."

When it comes to food systems, tradeoffs can have significant consequences. For instance, shifting a factory farm to a regenerative beef operation could mean more space for farm animals to roam. That sounds like a better scenario for farm animals. But research has also shown that regenerative cattle ranches use twice as much land to produce the same amount of food. If Americans and other Global North populations were to continue to eat meat at even close to the same levels they do now, there is simply not enough farmland to shift all industrial farms to regenerative operations. And trying to make that shift would undoubtedly result in more emissions and more deforestation.

For Waite and WRI, a mix of solutions is key. "Our own research suggests that both tech-based and nature-based solutions will be essential to feeding 10 billion people by 2050, while protecting nature and the climate."

The Bottom Line

Fierce debates over climate solutions seem to be going strong, yet global temperatures - and food system emissions - continue to be heading in the wrong direction. If countries are serious about meeting their climate goals, they will likely need to consider comprehensive solutions that account for impacts to both climate and nature.


Dawn Attride wrote this article for Sentient.


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