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AMI files motion against non-ambulatory ban
By Drovers news source  |  Wednesday, January 07, 2009

The American Meat Institute filed a motion on Dec. 24 to intervene in a lawsuit filed the same week in California that seeks to block enforcement of a state law banning any species of non-ambulatory livestock at federally inspected meat packing plants.

The National Meat Association brought the original lawsuit and focuses on the state law’s application to hogs. Largely in response to the Hallmark incident, in July 2008, the State of California amended the state penal code, which prescribes certain behavior with respect to handling non-ambulatory livestock. The amended code, says that “[N]o slaughterhouse…shall buy, sell, or receive a non-ambulatory animal.  [N]o slaughterhouse shall process, butcher, or sell meat or products of non-ambulatory animals for human consumption” and further that “[N]o slaughterhouse shall hold a non-ambulatory animal without taking immediate action to euthanize the animal.” The livestock affected include cattle, hogs, sheep and goats. 

Currently, only ambulatory cattle are eligible to be inspected and processed at federally inspected plants. However, federal veterinarians stationed at all meat packing plants determine whether all other species of non-ambulatory livestock are fit for consumption. In a statement, AMI said that on some occasions all species can become injured, even until the last minutes before processing, but an injury like a broken ankle does not automatically make livestock unfit for consumption.  Preventing veterinarians from evaluating the health of these livestock and requiring blanket condemnation of this class of animals is not only illegal, according to AMI, but preempts the Federal Meat Inspection Act and is a waste of livestock that could provide wholesome meat products.

AMI also felt that a provision in the state law that provides for criminal penalties against a plant that accepts non-ambulatory livestock, even if those livestock are non-ambulatory and could recover with rest time, is in direct conflict with FMIA.

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