AMI Files Motion Against California Non-Ambulatory Law

WASHINGTON — The American Meat Institute filed a motion last week to intervene in a lawsuit filed 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 original lawsuit was earlier filed by the National Meat Association in the United States District Court for the Eastern District of California. N.M.A.’s lawsuit focuses on the state law’s application to hogs.

"A.M.I. is seeking to intervene in order to assert the longstanding view shared by both the Institute and U.S.D.A. that federal preemption over state laws applies to all products produced at federally-inspected plants," said J. Patrick Boyle, A.M.I. president. "It is essential that the expert judgment of veterinarians in evaluating the health of livestock be maintained."

Specifically, A.M.I. is seeking injunctive and declaratory relief more broadly, arguing that the state law is preempted by the Federal Meat Inspection Act when applied to other livestock processed in a federal meat plant, A.M.I. relays. A.M.I. argued that the new state law, which becomes effective Jan. 1, imposes requirements that are different than and in addition to the F.M.I.A. requirements imposed by U.S.D.A. in federally-inspected establishments.

The State of California amended Section 599f of the state penal code, which prescribes certain behavior with respect to handling non-ambulatory livestock, and the meat derived from such livestock, at slaughterhouses and other places, in July 2008. 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 that "[N]o slaughterhouse shall hold a non-ambulatory animal without taking immediate action to euthanize the animal." The livestock affected includes cattle, hogs, sheep and goats.

Only ambulatory cattle are currently 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, A.M.I. said. This veterinary judgment is a critical element in ensuring that only livestock processed in an inspected establishment provides meat that is fit for human consumption.

Source: MeatPoultry.com