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Farm Animal Cruelty:
Veal Crates, Gestation Crates & Battery Cages

A Resource Guide to Bill Drafting

Farm animals in the U.S. are subjected to intensive cruelty from being crowded so tightly that they cannot even turn around or stretch their limbs for most of their lives. The worst forms of confinement are veal crates, battery cages for egg-laying hens, and gestation crates for pregnant sows.

Veal calves are kept in tiny wooden crates and have so little space that the calves are unable to move, lie down, walk, or graze. Laying hens are kept in cages with each having less space than is found on the surface of a sheet of copy paper. Female pigs live out their entire pregnancies in crates that measure just 2 feet by 7 feet, which is not much larger than their bodies.

One State’s Response
The citizens of California passed Proposition 2 in 2008, requiring egg, veal and pork producers to give laying hens, veal calves and pregnant sows enough space to lie down, stand up, turn around fully, and extend their limbs freely. More than eight million people voted for this measure, which passed by a margin of 63 to 37 percent and proved to be one of the most popular ballot initiatives in U.S. history.

What’s next?
Farm Sanctuary urges states, counties and cities to pass laws and ordinances that outlaw the wholesale animal cruelty of intensive confinement. We have provided below some suggested core language to help bill and ordinance drafters design legislation to stop this cruelty from occurring in their communities.

Suggested Core Language
The model core language of a farm animal anti-cruelty confinement bill is:

SHORT TITLE
This Act shall be known and may be cited as the Prevention of Farm Animal Cruelty Act.

PURPOSE
The purpose of this Act is to prohibit the cruel confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.

FARM ANIMALCRUELTY PROVISIONS
A person shall not tether or confine on a farm any pig during pregnancy, calf raised for veal, or egg-laying hen, for all or the majority of any day, in a manner that prevents such animal from:

(a) Lying down, standing up, and fully extending his or her limbs; and

(b) Turning around freely.

Exemption - This chapter shall not apply:

(a) During examination, testing, individual treatment, or operation for veterinary purposes.

(b) During transportation.

(c) During state or county fair exhibitions, 4-H programs, and
similar exhibitions.

DEFINITIONS - For the purposes of this chapter, the following terms have the following meanings:

(a) "Calf raised for veal" means any calf of the bovine species kept for the purpose of producing the food product described as veal.

(b) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.

(c) "Enclosure" means any cage, crate or other structure (including what is commonly described as a "gestation crate" for pigs; a "veal crate" for calves; or a "battery cage" for egg-laying hens) used to confine any pig during pregnancy, calf raised for veal, or egg-laying hen.

(d) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; it does not include live animal markets.

(e) "Fully extending his or her limbs" means fully extending all limbs without touching the side of an enclosure, including, in the case of egg-laying hens, fully spreading both wings without touching the side of an enclosure or other egg-laying hens.

(f) "Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.

(g) "Pig during pregnancy" means any pregnant pig of the porcine species kept for the primary purpose of breeding.

(h) "Turning around freely" means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure.

ENFORCEMENT - Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed 180 days, or by both such fine and imprisonment.

EFFECTIVE DATES
The provisions of sections X through Y shall become operative on January 1, 2013.

 Drafting Tips for a Farm Animal Cruelty Bill

Have an expert draft your bill
First, drafting a bill is a specialized legal skill. We advise advocates taking on this issue to rely on someone with bill drafting experience and knowledge of local laws when drafting a farm animal cruelty bill. We have seen too many cases of a poorly-drafted bill dying simply because the bill was not put together properly. Legislative bodies usually have a bill drafting service available to lawmakers.

Drafting Tips: title
At its core, this is a bill to prevent animal cruelty, and the title of the bill should reflect this. A descriptive title helps in passing the bill and sheds light on the fact that farm animals can be subjected to animal cruelty just like companion animals. We suggest the following title: Prevention of Farm Animal Cruelty Act (or ordinance).

Drafting Tips: placement
We suggest that this bill go into the section of the existing laws or ordinances that currently address animal cruelty, rather than the section that relates to farm animal husbandry practices. Fundamentally, this is an animal cruelty bill and placing it with other existing cruelty bills sends the message that farm animals must be protected from animal cruelty.

Drafting Tips: definitions
This bill uses words that may not already be defined in the animal cruelty section of the existing laws or ordinances. If this is in an animal control section for example, the term egg-laying hen may not be defined. It is crucial for enforcement of a bill that becomes law that important terms are defined. If already existing laws contain definitions of these terms, we recommend that you use those exact definitions. But if the terms are not defined, we have supplied sample definitions of terms.

Drafting Tips: exclusions
There are times when these confinement restrictions do not make sense (for example, if a veterinarian needs to confine an animal temporarily for examination or surgery). But including other exemptions to counter objections from special interest groups will help to pass a bill. For example, while we would prefer not to exempt county fairs from the bill’s requirements, adding this kind of exemption will help pass the bill. Another example is an exemption for rodeos and calf roping, which would still be allowed under strict reading of the bill. However, those fighting the bill may claim that proponents of the bill are trying to outlaw a popular rodeo event, but you can neutralize their argument by adding a rodeo exception.

Drafting Tips: enforcement
All bills need an enforcement provision. Check to make sure the language in your bill/ordinance is consistent with your county, city or state’s existing criminal structure. For example, you may need to state that violations of the act will be considered a particular level of misdemeanor. Also, check to see if the penalty is consistent with the specified level of misdemeanor if you do use a misdemeanor classification system. For example, if a Class C misdemeanor carries a maximum jail time of six months, you should not specify a nine-month maximum jail term for violations.

Drafting Tips: effective date
Some advocates will want immediate enactment of the bill or ordinance. This will, however, draw intense opposition from agribusinesses. The bill or ordinance will be viewed as “fair” and draw more support if enforcement is delayed . We believe it is better to get a bill through later than not at all — and a defeated bill sets back the chances of passing anything at all that will help farm animals. We recommend making the effective date five to seven years after the date of passage, but you will need to choose an effective date based on the particular political climate in your jurisdiction.

Drafting Tips: construction section
Construction sections state how this bill or ordinance fits in with existing laws or ordinances. You want this bill to add to protections for animals, not reduce existing protections. If you are working to pass a state bill, you also want to ensure that individual cities and counties can enact more stringent animal protection laws if they so choose. Most cities and counties, for instance, have animal control ordinances, and you don’t want this bill to interfere with those existing ordinances. As an example, the California construction chapter reads:

CONSTRUCTION OF CHAPTER - The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare, including the California Penal Code. This chapter shall not be construed to limit any state law or regulations protecting the welfare of animals, nor shall anything in this chapter prevent a local Governing body from adopting and enforcing its own animal welfare laws and Regulations.

Drafting Tips: severability
Generally speaking, if some portion of a bill once enacted is found to be unconstitutional, it is desirable to have the remaining portions of the law remain in force. For example, the severability portion in the California proposition reads as follows:

SEVERABILITY - If any provision of this Act, or the application thereof to any person or circumstances, is held invalid or unconstitutional, that invalidity or unconstitutionality shall not affect other Provisions or applications of this Act that can be given effect with out the invalid or Unconstitutional provision or application, and to this end the provisions of this Act are severable.

Read the full text of California’s Proposition 2.

Please contact Farm Sanctuary for more information, support and assistance with drafting legislation at campaign@farmsanctuary.org or 607-583-2225 ext. 229.