Ag-Gag Legislation
In late 2011, the organization Mercy for Animals released a video shot inside a North Carolina turkey factory farm owned by Butterball. The video shows acts of animal cruelty and neglect—in it, frightened turkeys are hit with what appear to be metal rods, violently kicked, thrown hard against the side of a truck and dragged across the floor. The video also shows birds suffering with bloody open wounds, broken bones and diseased eyes.
As a result of this critical video evidence, five Butterball employees have been charged with felony and misdemeanor animal cruelty. But if big agribusiness had its way, the person charged would have been the investigator who captured and reported the abuse.
In the last few years, the farm industry has been driving the introduction of "ag-gag" bills in state legislatures across the country. The purpose of these bills is to criminalize acts related to investigating the day-to-day activities of industrial farms. Such investigations have previously formed the basis of animal cruelty prosecutions and spurred reforms to protect the safety of our food supply.
"Ag-gag" or "whistleblower suppression" bills take many forms. What they all have in common is they threaten not only to cover up horrific animal abuse and food safety problems, but also other illegal or unethical behavior including environmental and labor violations. Animals deserve to be protected, and the public has a right to know how its food is produced.
It is important to let our state legislators know that we do not support the passage of ag-gag bills or any other legislation that would allow animal abuse to be covered up.
What activities do ag-gag bills criminalize?
Ag-gag bills may seek to criminalize the recording, possession or distribution of still images (photos), live images (video) and/or audio at or upon a farm, industrial agricultural operation or "animal facility." Bills in some states seek to bar potential investigators from gaining employment on farms.Why are ag-gag bills being introduced?
As noted above, many successful animal welfare investigations have revealed severe abuses of animals and raised additional concerns about industrial farms, such as the potential contamination of eggs and meat. Such revelations are damaging to the animal agriculture industry and have led to product recalls, decisions by retailers to drop suppliers, legal prosecutions of employees and hard questions posed to the animal agribusiness industry.It is worth noting that the use of exposés to reveal abuse has a long and storied history in America dating back to journalist Upton Sinclair's 1906 book The Jungle, which revealed atrocious conditions inside America's meatpacking plants and led directly to the passage of the federal Meat Inspection Act, the Pure Food and Drug Act, and the eventual formation of the federal Food and Drug Administration (FDA).
Learn about a few investigations that occurred more recently:
- Watch a story aired on ABC news program 20/20 about an undercover investigation at an egg farm that revealed both animal abuse and unsanitary, disease-promoting conditions.
- In 2008, a video shot by The Humane Society of the U.S. of workers at a California slaughter facility mishandling downer cows prompted a mad cow disease scare and the largest meat recall in U.S. history.
- In 2011, secretly recorded footage captured extremely disturbing and illegal treatment of pigs at Iowa Select Farms, the state's largest pig farm.
Why are ag-gag laws dangerous?
Ag-gag laws pose a threat to a wide spectrum of values and issues Americans care about. Because of this, many highly respected national organizations representing a range of public interests, including the ASPCA, have signed a statement in opposition to ag-gag bills. View the statement [DOC].Social issues potentially impacted by ag-gag laws include, but are not limited to:
- Animal Welfare. Ag-gag laws are a direct threat to animal welfare. We know that animals are often cruelly treated in factory farms and slaughterhouses. Documentation of this treatment not only helps educate the public about farm animal abuse, but also influences industry and government entities to make real changes for farm animals.
- Food Safety. Ag-gag laws threaten our food supply: Various exposés of factory farms and slaughterhouses have revealed the extent to which our meat, eggs and milk are mishandled. Mishandling animal products, including mishandling farm animals while they are alive, invites health risks including salmonella, mad cow disease and other potentially fatal illnesses that may be transmitted to consumers.
- Control over Food Choices. Ag-gag laws are a direct threat to marketplace transparency. At a time when Americans are increasingly invested in knowing more about where their food comes from and how it is made, these laws threaten our ability to control what we bring into our homes and the food we put in our bodies. All Americans should have the right to know the basic conditions under which their food is produced.
- Workers' Rights. This legislation often seeks to criminalize the recording of sounds or images in animal facilities, no matter the content. Factory farms, slaughterhouses and meatpacking facilities are physically and emotionally difficult places to work. Farm investigations have the potential to expose serious worker abuse and other illegal or unethical conduct on the part of employees or supervisors.
- Free Speech. Some ag-gag bills seek not just to criminalize recording, but even the possession and distribution of images recorded on animal facilities—and some seek to criminalize misrepresenting oneself on job applications (which, while possibly an act warranting termination of employment, should generally not be a crime). These provisions pose serious First Amendment threats.
- Environmental Damage. In the United States, 99 percent of food animals are raised in factory farms, where large numbers of animals are housed together, generally in close confinement. Huge amounts of waste are generated, the improper storage and disposal of which threatens our soil and water. While state and federal laws require large farms to minimize their environmental damage, farms have been found flagrantly violating these requirements. Undercover investigations offer an effective way to expose such violations.
Do any states already have these sorts of laws in place?
Three states (Kansas, North Dakota and Montana) already have "ag-gag"-type laws in place. Many others have related statues that are sometimes called "eco-terrorism" or "animal enterprise interference" laws.It is important to remember that these laws, while crafted to appear reasonable, are largely designed to prevent the exposure of troubling practices at agricultural facilities. Click your home state on the U.S. map posted here to see if it currently has an ag-gag law on the books.
Which states have recently introduced ag-gag bills?
The following states introduced ag-gag bills in 2011 or 2012. None of the bills introduced in 2011 (marked with a *) passed that year, but all have either carried over into 2012 or been reintroduced in the states' 2012 sessions.Florida* This bill has been dropped.
Indiana This bill is dead for the year.
Iowa* This bill was signed into law by Governor Branstad on March 2, 2012.
Minnesota* Take Action Now!
Utah Take Action Now!
Illinois This bill has been tabled.
Missouri
Nebraska
New York*
Tennessee
How can I help?
- If you live in a state that has introduced an ag-gag measure, please visit the ASPCA Advocacy Center online to take action now.
- Be vigilant in your state—keep an eye on the local media for any news regarding the introduction and/or progress of ag-gag bills. Talk to your friends and neighbors about why ag-gag legislation is a bad idea.
- Join the ASPCA's Advocacy Brigade, a group of more than 2 million advocates who use their voices for animals! As a member of the Advocacy Brigade, you'll be alerted by email when we need your help with animal-related legislation pending in your state and in Congress. Taking action is easy and very personally rewarding. Join the Advocacy Brigade now.
Got an email from the ASPCA and had to pass it along.
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