CRIMES WITHOUT CONSEQUENCES - gpvec

4.3 Exemptions
federal humane slaughter laW
Federal law allows the shackling, hoisting and cutting of conscious animals when
performed in accordance with ritual requirements of the Jewish or other religious
faith. Although severing the animal’s throat with one cut of a sharp knife is generally
considered acceptable from a humane standpoint 84 , shackling and hoisting an alert animal
is without question inhumane. An efficient upright restraint system has been developed
and installed in many, but not all, kosher slaughter establishments. 85
The ritual exclusion does not exempt ritual slaughter establishments from complying
with humane handling requirements. Moreover, slaughter plants may be cited for failure
to produce unconsciousness “by the simultaneous and instantaneous severance of the
carotid arteries with a sharp instrument.” For example, the USDA-FSIS has issued NRs
to slaughter establishments for using multiple cutting strokes before severing the arteries.
The inspector filing one such citation noted that a 10-animal sample averaged more than
five back and forth cutting strokes before severing the arteries. 86 In another case, the FSIS
issued an NR to an Islamic establishment for stabbing conscious lambs directly in the
heart. 87 In addition, the FSIS and the Texas Department of Health have cited plants for
using ritual slaughter procedures in the absence of a Jewish or Muslim representative and
for failure to have on file written ritual slaughter procedures from a religious authority.
4.4 Application
The Federal Meat Inspection Act and its regulations, including those related to humane
handling and slaughter, apply to all federal and state inspected slaughter plants. Onfarm
slaughter by the farm owner or operator or by a commercial, mobile slaughtering
operation is exempt, unless specifically covered under state law. Custom slaughter
establishments also are exempt; however, these operations are required to comply with
certain sanitary requirements of the food safety regulations. 88 While spokespersons for
the USDA have indicated that custom exempt establishments are expected to comply with
humane handling and slaughter procedures as well 89 , no legal requirement currently exists
that they do so.
4.5 Penalties
The Federal Meat Inspection Act provides both civil and criminal penalties, although
the latter are seldom assessed. 90 The USDA may refer humane enforcement cases to the
appropriate U.S. Attorney for criminal prosecution; however, no criminal prosecutions
84 Grandin T, Kosher slaughter done right, Jerusalem Post, December 2004.
85 For a discussion of the development and use of upright restraining devices, see Leavitt ES (with update by
Halverson D), Humane slaughter laws in Animals and Their Legal Rights, Animal Welfare Institute, 1990
(4th ed), pp. 52-65.
86 NR issued to plant #00357M on October 16, 2003.
87 NR issued to plant #20708M on March 3, 2003.
88 9 CFR 303.1.
89 Dee J, Slaughterhouse denies inhumane practices, Times of Trenton, January 21, 2006.
90 21 U.S.C. 676.
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