As is often the case with animal cruelty, Lowrey said, the greatest challenge was finding legal recognition of grounds for prosecution, because law enforcement and prosecutors so often find reasons not to apply the law as written., News the Martin Farms prosecution would proceed to court was greeted with particular relief by Wing, who is still troubled by memories of cows being stabbed in botched medical procedures and the smell of burning flesh as calves had their skull tissue burned away., Asked how she prepares for her investigations, Wing said she had to be ready for anything. Learn more about Animal Outlook articles here. Get Involved She starts panting, thrashing, slumping over, and lunging at the enclosures walls, appearing to look for an escape. Not to embark on such preparations in light of what happened recently during the mass exterminations of healthy farm animals due to Covid-19 is a sign of a dreadful cynicism and lack of compassion on the side of the industry, Sande added in an email. Animal Outlooks deputy director of investigations, Erin Wing, spent three months at the farm, secretly videoing what appears to be a range of animal cruelty violations including workers burning calves horns off without any apparent pain relief. [9] The DDA contends that any veterinarian communications regarding the diagnosis or treatment of an animal in these records was properly withheld under the statutory privilege for veterinary advice. . In their 2015 funding proposal asking the U.S. Poultry and Egg Association for $110,075 to support the experiments the NC Stateresearchers wrote, The objective is to examine the humane aspects and effectiveness of ventilation shut down (VSD) for depopulating laying hens in cage systems, but humane is not defined in the proposal. This is at odds with the AVMAs standards, which state that VSD+ is permitted in constrained circumstances only when applied in a manner that will produce a 100% mortality rate., Whatever the kill method used, factory farm conditions make it exceedingly difficult to carry out depopulations with full mortality, Rosenberg said. The American Veterinary Medical Associationsdepopulation guidelines citeNC Statesresearch when listing VSD+ as a kill method permitted in constrained circumstances. The guidelines note that a humane approach to the depopulation of animals is warranted, justifiable, and expected by society, but may not be actualized in some cases. They dont claim that VSD+ is humane but instead view it as a last resort. Public Meetings https://lnkd.in/eK5chEFp, This was one of my absolute favorite law school experiences and I encourage any current law students interested in animal law to consider competing: https://lnkd.in/g3hz3s29, Animal Outlook is still accepting applications for our Fall 2022 Legal Advocacy internship. Corporate Outreach Working with various international corporations, were successfully pushing for change to reduce suffering, eliminate animal ingredients, and mainstream the availability of plant-based options. of Del., 267 A.3d 996 (Del. Animal Outlook's groundbreaking work has been featured in: Amanda Hitthas been a champion and visionary for protecting and empowering food system whistleblowers for over a decade. FOIA mandates that a public body provide citizens with reasonable access to public records for inspection and copying, but certain records and information are excluded from the definition of public record.[6] When a public body denies access to records, the public body has the burden of proof to justify its denial. RIN: 0583-AD85 Title: Maximum Line Speed Under the New Poultry Inspection System Agency/Subagency: 0583-USDA/FSIS Stage of Rulemaking: Proposed Rule Stage Thus, we determine that the DDA has not sufficiently supported its denial of access to the requested records under Section 10002(o)(6) to meet its burden. Section 10002(o)(3) exempts investigatory files compiled for civil or criminal law-enforcement purposes. According to the DDA, the USDA staff and State veterinarians assist with investigating and minimizing further spread of the avian influenza, and farm owners may be indemnified by the USDA for the value of their losses if the investigation reveals they were not negligent in addressing the outbreak and minimizing the spread. [14] Del. Save the date for November 4-6, 2022! Our own Will Lowrey and Cheryl Leahy recently sat down for a wide ranging interview with Biodiversity Magazine. Corporations Lisa is a public interest attorney who works to advocate for vulnerable and underrepresented people and animals. E-mail / Text Alerts With your support in 2023, we'll aim to be an even bigger thorn in the side of the animal agriculture and research industries. Approximately 20 percent of your donation goes directly toward supporting our ongoing investigative initiatives. . Will taught me to always challenge the status quo, ask more questions, and to explore novel avenues to advance farmed animal protection. "The sheriff's decision in California, the 'no' [to prosecution], was a far more significant impediment," said Lowrey. According to Will Lowrey, the Animal Outlook attorney who . We are calling on the AVMA to use Joining is simple and doesnt need to cost a lot: You can become a sustaining member for as little as $3 or $5 a month. Egg-laying hens in factory farms are typically kept in cramped, vertically stacked battery cages, while chickens raised for meat are packed together on the floor. The references to your request for purposes of this Opinions discussion is limited to the first and second items of the request. ICYMI: Our attorney Will Lowrey just spent an hour with Jane Unchained News and they covered a lot of ground including a slew of recent legal . News. This response is recommended to include . The investigation revealed many instances of abuse and cruelty to cows and calves. This premier online publication offers in-depth and up-to-date coverage on Canadas most important animal law and policy issues. ir(#x~^ The names of the researchers were redacted from public records obtained by Animal Outlook. Thank you for your work and dedication for the animals. In Iowa, the nations top egg-producing state, 5.3 million hens at a Rembrandt Enterprises egg factory farm were exterminated with VSD+ last month, the Storm Lake Times reported. C. 3300-4.1. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. Submitted via email to HouseJudiciary@rilegislature.gov Hearing Date: Wednesday, March 24, 2021 Time & Location: 6:00pm, Room 35 - State House To: Members of the House Judiciary Committee Submitted by: Will Lowrey, Legal Counsel, Animal Outlook, 804-307-4102 RE: Testimony in strong support of H 5731: Prohibiting the sale of force-fed poultry products Get Involved buildings and shutting off the air supply. Will generously makes himself available to advise VLS animal law students, and to support VLSs new Animal Law and Policy Institute. HVN1}_ivE]!@KQv%P$! JH}(}i__cgwVl3&l :OJM|e^K~ 23p)VVvqa1r-NX\(3%4^|3Ri&YfyI2 lf7a"k,Ps^G kPSQWa#Y congrats!! . Hitts clients come from varied economic sectors and backgrounds from factory workers to CEOs. U.S. taxpayers pay for these killings through U.S. Department of Screenshot: The Intercept / North Carolina State University footage that Animal Outlook obtained via FOIA [Freedom of Information Act Request]. Who would hold party elites accountable to the values they proclaim to have? The most important part of that opinion, he added, is its recognition that agricultural animals are protected from cruelty by law, that even common practices used in agriculture can be criminal and, that there are consequences for those who break those laws. Several years ago Animal Outlook conducted an undercover investigation of Martin Farms, in Pennsylvania, a dairy farm that proved to be the locus of much hideous cruelty to animals. With respect to the security records exemption, you allege that you are not seeking any records that fall under this exemption, such as records related to law enforcement technique documentation, personal files, other blueprints, IT infrastructure, or other security information that could endanger a life. We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. 10001-10007 ("FOIA") in connection )\3y:3}W AnYhJ In email correspondence from March obtained by Lowrey in a public records request, Tyson Foods requested and received permission from the Missouri state veterinarian to depopulate a chicken facility with VSD+. Approximately 18 percent of your donation goes directly to campaigns for change. I am forever grateful for his mentorship. 0 More than 27 million chickens, turkeys, and other birds have been killed or scheduled to be killed or depopulated, in meat industry jargon since February. Most of the opinions during that period relate to disputes concerning access to public records under, and/or alleged violations of the open meetings provisions of, Delawares Freedom of Information Act (FOIA). But these videos came directly from an industry-funded study, the raw footage of which was shared with The Intercept. Facebook: https://lnkd.in/eGEuXdHd endstream endobj 102 0 obj <>stream We can quibble about degrees of suffering, she said. On March 1, 2022, you sent a request to the DDA for records related to the depopulation of animals subsequent to the February 2022 identification of avian influenza in a commercial chicken flock in New Castle County, Delaware, specifically seeking: The DDA denied your request in its entirety, asserting that no responsive records exist for the third item and the remaining records are not public pursuant to 29 Del. She works on the strategic direction of the organization as a whole, especially focusing on the use of undercover investigations as a mechanism for high-impact advocacy, and on targeting large-scale abuse of farmed animals through proactive litigation. A hen, hooked up to electrodes, stands alone in a glass cage. q^Oqu-&'SQT 8NoUVTVn*9} ~e\:Q"i(q\,Y=KO0TNlyag#l>8`G#ou_B'lK Animal Partisan had a busy few months challenging the animal agriculture and research industries. VSD with the addition of either or both of these is referred to as VSD+.. The United States Court of Appeals for the Ninth Circuit rejected another challenge from the meat industry to Californias Proposition 12, a law that bans the intensive confinement of egg-laying hens, mother pigs and calves used for veal. Approximately 30 percent of your donation goes directly to outreach and education. Cheryl received a J.D. It was detected on the day before the email from Tyson was sent, making it almost certain that the nearly 300,000-bird facility was owned by the meat industry giant. Candidate, working towards an impactful career in the public interest & environmental law space. 1x$Ah5sS]**T"$IQDrCeHPe]ai$b.=WuiY6oz~zaq>"|[VE:{vWNcQZbE0;t\WYh`w^wbN|^ ~*iY`2AIob'"GIS. !06iW5we5Ve\6!oB=+\O/e/-r|-|P}dav The USDA financially compensates meat producers for these killings. Legal Counsel at Animal Outlook Will Lowrey. According to a separate study published the following year by some of the same researchers, time to death is significantly longer for hens in a large, multilevel cage setting, which more closely resembles factory farm conditions than individual cages: 3.75 hours for VSD alone,2 hours for VSD plus heat, and 1.5 hours for VSD plus carbon dioxide. Elected Officials In response, Animal Outlook petitioned a court to review the District Attorneys decision. . Through assisting her clients, Hitt has learned first-hand the importance of bringing diverse voices to create meaningful change. "For years, Bravo Packing has profited off the bodies of horses and cows butchered in filthy, squalid conditions and then sold to the unsuspecting public. Will Lowrey is Legal Counsel for Animal Outlook and divides his time between undercover investigations and civil litigation. Phone: 800-248-2862 The statement went on to say that all employees shown in the video mishandling animals have been terminated and that the dairy was shocked that these incidents took place on our farm.. . Many of these animals were killed with ventilation shutdown plus. This book is a tribute to thousands of dogs kept on chains and exploited to fight and is inspired by some dogs I once knew. The Animal Welfare Act, in the very definition of animals, excludes a number of types of animals used in laboratory experiments. h&dX/u ZL F!2&P1L8= Click here to view our full press release. As long as animals are mass produced for food, there will be a need to cull animals in emergencies, and companies have an obligation to prepare for that scenario by having supplies on hand to do it in the least cruel way possible, said Peter Sande, a bioethicist at the University of Copenhagen. For any law students interested in animal law internships or pro bono work, email me at info@animalpartisan.org. adding intolerable levels of heat and carbon dioxide poisoning, resulting State Employees As Will stated, [t]he Courts ruling sends a clear message that animals used in agriculture are worthy of protection. Wills resilience and determination to seek justice on behalf of farmed animals is inspiring. Will Lowrey is Legal Counsel for Animal Outlook and divides his time between undercover investigations and civil litigation. If youre inclined to follow any of our current or future legal work, you can find more at: He was co-chair of the VLS Animal Law Society, helping it earn international recognition as the Animal Legal Defense Fund's Best Student Chapter. Voting & Elections C. 3316 provides that a licensed veterinarian will be subject to discipline for willfully violating any privileged communication, and the accompanying regulation, 24 Del. x}Rn0>l4B*8tQi?Cj8fL4b yX3aU?JZ7`I'00G U@3"$?[NLV9 ]qf"1._ #>7, :gl]WvZ;/c@bQL;w(qUj ;v(bQhQm%:-zr8$BuvHKF$ ^F"\#kAVe7v37lQ[RXD-}`xv'^Gm/Ms:?Kg,PzVY2 Privacy policy. of the animals. endstream endobj 104 0 obj <>stream Anything can happen, and an investigator has to be prepared to be on their toes, ready to document whatever might be happening to the animals in any given situation., The work, she said, can take weeks or months and is emotionally, physically and mentally taxing. Wing said her worst memory was how calves would bellow and buck against restraints during the [horn burning] process because they felt every bit of the pain. We're strategically challenging the status quo of animal agribusiness through undercover investigations, legal advocacy, corporate and food The Intercept is an independent nonprofit news outlet. Listed as co-investigators were professors Kimberly Livingston, Sanjay Shah, and Mike Martin, who is now North Carolinas state veterinarian. Amy has worked on behalf animals for more than 18 years, first with the animal law firm Egert and Trakinski where she litigated on behalf of national animal protection organizations, grassroots advocacy groups and individual clients, and more recently, as Managing Director of VegInvest, a mission-driven venture capital fund investing in early-stage businesses focused on providing alternatives to the use of animals. Join Animal Outlook's Legal Counsel Will Lowrey as he chats with Jane Velez-Mitchell about our latest investigation and most recent legal victories. Delaware Topics By . Ventilation shutdown plus heat or CO2 (VSD+) is at times the only method available to meet the 2448-hour goal to depopulate the birds and end their suffering from the disease., But if a company can perform VSD plus carbon dioxide, then presumably they have access to carbon dioxide and can kill their birds with CO2 gassing alone a method Reyes-Illg called relatively humane compared to VSD. Animal Outlook is a national nonprofit 501(c)(3) animal advocacy organization based in Washington, DC and Los Angeles, CA. Also thanks to Legal Impact for Chickens for always being such a wonderful co-panelist. Help Center Who We Are USDA records indicate that VSD was used to kill birds at four facilities in Indiana in 2016, before the NC State research was published. Prior to news the case would proceed to prosecution, Martin Farms was dropped as a supplier by food multinational, Nestl, and condemned by both the National Dairy Farmers Assuring Responsible Management (FARM) program and the Maryland & Virginia (MDVA) Milk Producers Cooperative Association. This month, the appellate court reversed the lower courts decision and ordered the lower court to direct the District Attorney to prosecute Martin Farms. The DDA acknowledges that a responsive Appraisal and Indemnity Request Form exists but as it is unsigned by the USDA, the DDA contends that this form qualifies as a draft that is not producible under FOIA. What to know - CNET, Asian Pacific American Law Students Association. Mobile Apps Will continues to wear many hats, one being a valuable mentor to Animal Outlook interns. The dying birds likely suffer enormously as they struggle to breathe, develop diarrhea, and become paralyzed or otherwise neurologically compromised, Gwendolen Reyes-Illg, a veterinary adviser to the Animal Welfare Institute, told The Intercept in an email. Will Lowrey - Animal Outlook Teleconference Piper Hoffman - Animal Outlook . Legal Advocacy Our proactive legal team is strategically challenging the status quo of animal agribusiness, from animal cruelty to misleading marketing and unfair business practices. MMXXIII Delaware.gov, Common Interest Community (HOA) Ombudsperson, Office of Immigration Assistance (Oficina de Asistencia de Inmigracin), Any records related to the method, procedures, and protocol for the depopulation, Any records related to the approval of the methods, procedures, and protocol for the depopulation, Any photographs or videos related to the depopulation, whether taken before or after the actual event[. After taking the bar exam this summer, she will clerk for the Maine Supreme Judicial Court. Social Media, Built by the Government Information Center [12] 24 Del. C. 10002, 10003(a). JzJ {N,[7mv{ Welv :b f0u5c(+qRn\;)tmV5+mnN0iJ!IgEF[I}GHa 5w5$+*/fvW++ The tragedy here is that our current methods of raising birds for food production, in enormous sheds with millions of stressed, nearly genetically identical birds in close proximity to one another, has resulted in a situation where outbreaks of diseases like HPAI are nearly inevitable and few options exist for humanely killing infected birds, Reyes-Illg, the Animal Welfare Institute veterinary adviser, wrote to The Intercept. The global Animal Genetics market size was valued at USD 5823.47 million in 2022 and is expected to expand at a CAGR of 7.09 Percent during the forecast period, reaching USD 8783.28 million by . General Assembly Bravo has been the subject of numerous complaints for selling contaminated animal food and animal cruelty. In public records first released to Lowrey, requests to use the method have also appeared in Wisconsin and Missouri. Learn more in our Cookie Policy. Finally, the DDA contends that the Appraisal and Indemnity Request Form that is responsive to this request is a draft document, subject to the working draft exception, until signed by the USDA. OPINION BY BOWES, J.: Animal Outlook ("AO") appeals from the order that dismissed its petition for review of the disapproval of the Franklin County District Attorney's Office ("DA") of multiple private criminal complaints. [15] See id. Many birds die suddenly, with mortality rates as high as 100% within a few days, though it can also take weeks. Hitt is the founder and director of the. Several years ago Animal Outlook conducted an undercover investigation of Martin Farms, in Pennsylvania, a dairy farm that proved to be the locus of much hideous cruelty to animals.Some of that cruelty was what we often call "gratuitous . In , Will Lowrey December 11, 2020 Animals, Investigations, News 2 Comments, March 4, 2021 update: Following an FDA inspection prompted by our complaint, Bravo Packing, Inc. hasrecalledboth its Performance Dog and its Ground Beef frozen raw pet foods due to possible contamination with Salmonella and Listeria monocytogenes. Congratulations! I think they were probably crying out., In the global scientific community, she said, its generally accepted that, if one could assume that a procedure would cause pain or distress to a human, you can also assume it would do the same for an animal., Birds used in agricultural research get no protection under federal welfare laws. any responsive records, . will lowrey animal outlook. Born in Milan, Italy, Sebastiano Cossia Castiglioni is an award-winning entrepreneur, activist, investor, and advisor to businesses and governments around the world. Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so its tax-deductible. Amy also serves on the board of the Animal Welfare Trust and is a member of the HSUSs New York State Council. Instagram: https://lnkd.in/eK8ZFZ-v Will Lowrey is the founder and Legal Counsel for Animal Partisan, a newly forming legal advocacy organization focused on challenging unlawful conduct in animal agriculture and research. Standing united, we are changing the world for animals. The DDA Chief of Community Relations also attests that Incident Action Plans are also prepared for affected premises, are signed off by State veterinarians, and sometimes include veterinary advice specific to depopulation methods.[5] According to the DDA, both the Appraisal and Indemnity Request Forms and Incident Action Plans are part of the civil investigatory files used by the USDA to determine the farm owners negligence and whether indemnification is appropriate. Our mission is to change the world for animals. In Minnesota, more than 1.7 million birds, mostly turkeys, have been or will soon be depopulated since the states first avian flu case on March 25, with an increasing number killed using VSD+ compared to the 2015 bird flu, according to state veterinarian Beth Thompson. What We Do *YEr2Y.sSyIo,,7pi48WB]p'3"8R m%@NCv2yIkLK8FU4B*b2$>.2kdeSVZ5Wd#V;qf4oH5b&$t3;=10UFxyqn2 C,DX|zjN|h_}{F>h]yg>3Eo_gTic_ :EZ^oUxc!x?P` Animal Outlook is a national nonprofit 501(c)(3) animal advocacy organization based in Washington, DC and Los Angeles, CA. Animal Welfare. Ashely Monti is a third-year J.D. Gross Receipts Tax wlowrey@animaloutlook.org, RE: FOIA Petition Regarding the Delaware Department of Agriculture. In addition to litigating whistleblowers cases, Hitt and her team workto draw public attention to these whistleblowers stories and to turn their revelations into food system and legal reforms. . State Agencies @5Hsq!c wqtCBLZ@rrtqx,k-$X#Y9\Gdx43)r i9@m_JUMC;&4pbJXk3nm Executive Director at Animal Justice Canada. As the Animal Law Podcast 2021 Exclusive Sponsor, the The Brooks Institute for Animal Rights Law and Policy, Inc is dedicated to producing and disseminating outstanding, independent, academic, and public policy research and programming; and pursuing projects and initiatives focused on advancing law and policy pertaining to animals. Photo of UPC sanctuary hens by Davida G. Breier. of a hen who survived VSD+ killings at Rembrandt Farms in Iowa in March2022. No matter how much an investigator might try to prepare you never know what to expect. Dec 08, 2021, 13:12 ET. His zeal for protecting farmed animals is also contagiousI would know! 142 0 obj <>stream a philosopher in my own right, and somewhat of a genius. C. 10002(o)(17) exempting records implicating certain security concerns. Due to the COVID-19 pandemic and Russia-Ukraine War Influence, the global market for Animal Protein estimated at USD 1483.6 million in the year 2022, is projected to reach a revised size of USD . But the decision to resort to cruel cull methods like VSD+ is a crisis of the meat industrys making. The videos obtained from NC State are remarkable because the meat industry often claims that undercover footage of cruel conditions taken by activists is doctored or staged. helpless animals an obligation over and above corporate cozying. [2] The Petition does not challenge the DDAs response to the third item of the request. Delaware Courts This episode of The Animal Law Podcast is brought to you in part by The Animal Law Conference. /s/ Alexander S. Mackler Veterinarians Oath to prevent and relieve animal suffering and By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. If the virus is detected in even one bird, all the birds in the flock must be killed, even if they live in separate sheds. At NC State, the Prestage Department of Poultry Science advertises its strong industry ties and is named for the Prestage family, the owners of Prestage Farms, a poultry and pork company headquartered in North Carolina. 36f]+ }!0brQ~"~=a Wbp&&\p ~7K;sA!jvem6[6J%Fq{y lDAC8:H11)A1 0btt~oj'zJcz?Pf;xh!u/G$QDb dl3qy Gmj{hAo)ygc+\7&Xr] _ 0"!=]=na8t;Ov![h.Sce1tmhK\ f2*-.fm-8\.e=r^8g0}c$J 3)#9O;3~&u
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