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Animal Law Keyed to Wagman
The Humane Society of the United States v. Johanns
Citation:
520 F. Supp. 2d 8 (2007)Facts
The Humane Society of the United States filed suit against the Secretary of Agriculture challenging the USDA’s longstanding position that the Humane Methods of Slaughter Act does not apply to poultry. The HMSA requires that livestock be slaughtered only by humane methods, but the USDA has interpreted “livestock” to exclude birds, despite the fact that over 9 billion chickens, turkeys, and other poultry are slaughtered annually in the United States. The plaintiffs argued that this interpretation is contrary to the plain language and purpose of the statute, which they contended was meant to cover all animals slaughtered for food, including poultry. The USDA defended its position based on statutory construction and legislative history.
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