No Downer City Ordinance

Insufficient Federal Protection Prompts Local Action

Over the past 10 years, the livestock industry and U.S. Department of Agriculture (USDA) have been acutely aware of the cruelties associated with the transport, sale, and slaughter of downed animals. However, despite this realization, industry and USDA have done little to nothing to protect downed animals from intolerable cruelty.

A court decision in January, 1997 made it clear that USDA can not legally stop even the most egregious downed animal cruelty at stockyards. The case involved a downed cow who was dumped on the "deadpile" behind an Arizona stockyard. After various legal maneuvers, a federal court dismissed the case against the stockyard and ruled that USDA had no authority to prevent downed animal suffering at stockyards. In the absence of appropriate federal action, a handful of states (most notably California, Colorado, and Illinois) have passed their own laws to protect downed animals. In June, 1997, Cincinnati became America's first city to address this problem, passing an Ordinance to prevent the transport or delivery of downed animals within city limits. Cincinnati has set an important precedent for others to follow.

Cincinnati Says "NO!" to Downed Animal Dumping
Cincinnati was prompted to address downed animal cruelty when the Hamilton County SPCA contacted the Mayor and informed her about downed animal abuse at a Cincinnati slaughterhouse. Upon learning of the problem, the Mayor proposed a ban on the transport or delivery of downed animals in the city. The measure was supported and lobbied by the Greater Cincinnati Animal Rights Community (ARC).

Predictably, the Mayor's proposal was not welcomed by the Ohio Department of Agriculture (ODA) or the U.S. Department of Agriculture who argued that the City had no jurisdiction. In addition, an early report from the city health department indicated that the City lacked authority to regulate the downed animal trade.

Farm Sanctuary's attorney countered this opinion, stating:

The USDA lacks jurisdiction over any animal which is not on the premises of a USDA-inspected slaughterhouse. The USDA branch responsible for meat inspection, the Food Safety and Inspection Service (FSIS), has promulgated specific procedures for the handling of livestock after arrival at "official establishment premises" until slaughter. These procedures are set forth in FSIS Directive 6900.1 and state: FSIS has no authority over livestock on transport vehicles, which are not considered to be premises of the "official establishment."

Thus, downed animals which are in transit to an official USDA slaughterhouse are outside of the jurisdiction of the USDA and are therefore not covered by the USDA's policy and procedures regarding downed animals. There is nothing that the USDA inspector (or an ODA inspector) can do about downed animals which are not on the "official establishment" premises (the slaughterhouse). Unless the proposed ban is adopted, these animals will continue to suffer needlessly and threaten public health. Again, Farm Sanctuary believes that the ban on the delivery of downed animals to Cincinnati slaughterhouses is a timely, lawful and important measure and strongly urges its adoption.

While it is unclear what authority local law enforcement has over the "official establishment premises" of USDA slaughterhouses, local governments CAN prevent downed animals from being transported to slaughter in the first place.