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Animal Law Keyed to Wagman
Humane Society of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng
Citation:
633 F. Supp. 480 (1986)Facts
The Food Security Act of 1985 established the Dairy Termination Program (DTP) to reduce milk production by paying farmers to sell their dairy cattle for slaughter and exit the dairy business for five years. To implement this program, the Department of Agriculture issued Notice LD-249, which required all female dairy cattle in the program to be branded with a hot iron on the face within 15 days of program acceptance. The Humane Society of Rochester and Monroe County, along with dairy farmers Douglas and Mary Jane Burdick who had been accepted into the program, challenged this regulation as unnecessarily cruel. At the preliminary injunction hearing, plaintiffs presented expert testimony that hot-iron face branding caused significant pain, could damage facial structures, and was inhumane when alternatives like freeze-branding were available. Freeze-branding was described as causing less pain, being equally effective for identification, and resulting in fewer complications. The government defended its regulation by presenting witnesses who testified that hot-iron branding was preferable because it was quicker, caused less stress due to the shorter application time, and was more reliable for permanent identification.
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