In a unanimous landmark decision, the New Jersey Supreme Court today struck down the New Jersey Department of Agriculture's regulations exempting all routine husbandry practices as "humane" and ordered the agency to readdress many of the state-mandated standards for the treatment of farm animals. A broad coalition of humane organizations, farmers, veterinarians, and environmental and consumer groups, led by Farm Sanctuary and represented by the public interest law firms Meyer Glitzenstein & Crystal, Washington, D.C., and Egert & Trakinski, Hackensack, N.J., brought the case to the state's Supreme Court. In this monumental case, the Court ruled that factory farming practices cannot be considered humane simply because they are widely used, setting a legal precedent for further actions to end the most egregious abuses on factory farms throughout the U.S. The Court also rejected the practice of tail-docking cattle, and the manner in which the NJDA had provided for farm animals to be mutilated without anesthesia.
"This is a major victory for farm animals in New Jersey, and will pave the way for better protections of farm animals nationwide," said Gene Baur, president and co-founder of Farm Sanctuary. "Setting a legal precedent in a unanimous vote that clarifies that commonly used practices cannot be considered humane simply because they are widely used will build on our momentum in challenging the cruel status quo on factory farms."
Many states have an exemption to their cruelty code for "routine" or "commonly accepted" practices which leaves animals confined in factory farms unprotected from abuse. However, in 1996, the New Jersey Legislature directed the NJDA to develop appropriate "standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock." Eight years later, on June 7, 2004, the agency finalized regulations that specifically authorized many cruel farming practices and essentially gave blanket protection to all common agriculture practices.
In 2004, a coalition filed suit alleging that the NJDA failed to establish standards of treatment of farm animals that are "humane"
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