​"It really at a fundamental level provides some stability for the grazing industry by assuring that our permits will be renewed in a timely fashion," said Jim Magagna, executive director of the Wyoming Stock Growers Association.The legislation allows agencies to approve permits in the face of environmental lawsuits against permit renewals.

U.S. Bureau of Land Management officials reported a permitting backlog of more than 5,600 permits nationwide in September. At the time, Congress was required to renew these permits annually.

Citing federal budget restrictions, the Missouri Department of Natural Resources has turned down a permit request from a northwest Missouri business that sought to process horses for meat.

The DNR said in a letter Thursday to David Rains, owner of Rains Natural Meats in Gallatin, that the agency has denied Rains' permit request for his proposed horse slaughter operation because the new federal budget withheld funding for required federal inspections of the slaughtering process.

As stated in the letter to Rains;

The resumption of commercial horse slaughter in the U.S. was effectively blocked last week when President Barack Obama signed a budget measure that stops the U.S. Department of Agriculture from spending money for inspections necessary for slaughterhouses to ship horse meat interstate and export it.

Rains didn't immediately return a call seeking comment Thursday

Click Here to Read Denied Water Discharge Permit Letter to Rains [PDF]

A state judge has extended for another 10 days his order blocking the planned opening of a horse slaughterhouse in Roswell.

State District Judge Matthew Wilson on Friday ordered that the ban remain in place and scheduled a Jan. 13 hearing in the lawsuit filed by Attorney General Gary King, who claims that Valley Meat Co. is poised to violate state laws on water quality and food and consumer safety.

Dunn also called it a “politically driven issue,” noting that King, a Democrat running for governor, is promoting his opposition to the slaughterhouse on his campaign website.

Valley Meat’s operation would be the only horse slaughterhouse in New Mexico, although Dunn told the judge it wouldn’t be the first: He said the Mescalero Apache tribe had a commercial horse slaughter operation until the 1980s and that a slaughterhouse is not “some new, horrible environmental threat.”

But Biernoff said that provided little comfort because “Valley Meat is a serial violator of environmental laws.” The plant was a beef slaughterhouse before it closed in March 2012. Biernoff also argued that horses are widely administered drugs that are not approved for use by humans and are specifically banned for human consumption, making Valley Meat’s product – from horses of unknown origin – potentially unsafe.

“The meat is safe. It’s not going to harm anyone,” De Los Santos said after the hearing. He said horse meat is routinely eaten in some other countries and there had been no reports of deaths from it.

Wilson acknowledged the arguments on both sides: that the slaughterhouse could result in harm to the food supply and the environment, and that preventing its opening could create economic hardship. He said the matter should be “properly vetted” and set aside an entire day for testimony on Jan. 13.

Source: Albuquerque Journal by Deborah Baker

(ALBUQUERQUE)—Attorney General Gary King is suing the Valley Meat horse slaughter plant in Roswell to prevent the company from killing and butchering horses for food.

At a news conference this morning AG King announced that he has filed a lawsuit that asks for a temporary restraining order to stop the plant from opening. Valley Meat is reportedly planning to begin slaughtering horses for human food within two weeks.

“I took this action because horse slaughter presents a genuine risk to New Mexicans’ health and to our natural resources,” says Attorney General King. “Valley Meat Company’s record of violating the state’s laws regarding food, water quality, and unfair business practices, poses serious dangers to public health and safety, to the natural environment, and to the public’s use and enjoyment of public resources, namely groundwater and land.”

AG King reiterated that horses are administered scores of drugs that are banned for use with food animals and that are not approved for human use either. Many of these drugs have demonstrated harmful effects on humans, and others carry unknown risks. Because horses in America are not raised to be eaten, they are given these drugs without regard to whether their meat might be consumed later. In addition, horses lack medical records that would help regulators and consumers decide if their meat was safe.

The Attorney General says, “For these reasons, I concluded earlier this year that horse meat would likely constitute an ‘adulterated’ product under the New Mexico Food Act, and therefore would be prohibited.

AG King said he also initiated this lawsuit because Valley Meat, the plant that is on the verge of beginning commercial horse slaughter, has a very poor track record of compliance with environmental and safety laws, racking up literally thousands of violations over the years. The company has requested a state permit that is required before it can discharge wastewater, but has now stated publicly that it will begin operating on January 1, 2014, whether or not it receives the permit.

“Our environmental laws are on the books to protect precious natural resources, especially ground water. Companies that willfully ignore those laws need to be held to account before they cause serious damage to public health or our environment,” adds AG King. “Commercial horse slaughter is completely at odds with our traditions and our values as New Mexicans. It also poses a tangible risk to consumers and to our environment. I will continue to fight on behalf of the health and well-being of New Mexicans and the protection of our groundwater and other natural resources.”

###

Source: New Mexico Attorney General Office
CONTACT: Phil Sisneros 505-222-9174 or Lynn Southard 505-222-9048
Click here to view Court Filing [PDF]

The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) made revisions to Directive 6130.1, the "Ante-mortem, Postmortem Inspection of Equines and Documentation of Inspection Tasks", which was originally released on June 28, 2013.

The Directive provides instructions to inspection program personnel (IPP) on how to perform ante-mortem inspection of equines before slaughter and post-mortem inspection of equine carcasses and parts after slaughter.

It also instructs Food Safety and Inspection Service (FSIS) Public Health Veterinarians (PHVs) making ante-mortem and post-mortem dispositions of equines how to perform residue testing, verify humane handling, verify marking of inspected equine products, and document results using the Public Health Inspection System (PHIS).

On December 18, 2013, FSIS reissued Directive 6130.1 Revision 1, to include minor changes to the instructions to IPP how to record equine in the PHIS plant profile. FSIS is also making other changes to reflect the implementation of Laboratory Information Management System (LIMS)-Direct and to clarify instructions concerning increased sampling for “repeat violators.”

Background

A. The Federal Meat Inspection Act (FMIA) provides that there is to be an inspection of horses and other equines, among other species, to assess whether the carcasses of these animals are not adulterated, can be passed for human consumption, and are eligible to bear the mark of inspection (21 U.S.C. 604).

B. The FMIA requires that the slaughter or preparation of products of equines be conducted under inspection. FSIS regulations require that horse slaughter and preparation of products of equines be done in establishments that are separate from any establishment in which cattle, sheep, swine, or goats are slaughtered or their products prepared (9 CFR 305.2 (b)).

C. The Humane Methods of Slaughter Act of 1978 and 9 CFR Part 313 require that all livestock, including horses, slaughtered under inspection be handled humanely. Equines must be rendered insensible to pain (i.e. unconscious) before being shackled, hoisted, thrown, cast, or cut.

Click Here to view Directive 6130.1 [PDF]
Click Here to view Directive 6130.1 Revision 1 [PDF]

LARKSPUR, Colo., December 16, 2013 – Front Range Equine Rescue (FRER), a national nonprofit working to end the abuse and neglect of horses through rescue and education, has taken measures to prevent the slaughter of horses for human consumption in both New Mexico and Missouri.

Late last week, FRER filed a 90-page brief in New Mexico explaining that state law mandates Valley Meat in Roswell, N.M. be rejected in its quest to start slaughtering horses for meat.

In a separate action, FRER has intervened in a Missouri proceeding in which a Gallatin, Mo.-based slaughterhouse there is trying to begin slaughtering horse for human consumption, despite clear environmental dangers and likely toxic deposits that would result from the practice.

FRER was the first group to discover that Valley Meat was applying to slaughter American horses, and has since worked to expose the company’s decades-long record of violating environmental and animal welfare requirements. Over the course of two decades, Valley Meat has accumulated more than 5000 violations of state environmental laws designed to protect groundwater, the environment, rivers and other waterways.

Among the most egregious of its misconduct, Valley Meat operated a cow slaughterhouse for nearly three years without any state approval to discharge water at all, thereby avoiding any oversight that might help monitor the damage that could be done. For years, Valley Meat illegally dumped and buried cow carcasses and pieces of dead animals, despite repeated requests from state regulators to cease and desist and clean up the mess. Last week FRER documented these violations, and hundreds of others, in a submission to the New Mexico Environment Department, to support its argument that Valley Meat’s application for a wastewater discharge permit should be denied.

FRER was the first to discover that in Missouri, Rains Natural Meats intended to begin slaughtering horses, and has teamed with other Missouri groups and individuals to prevent an environmental and potential human health catastrophe. FRER has collected objective testimony from veterinarians and horse trainers proving that virtually every American horse who goes to slaughter has been given drugs that render their meat illegal and unsafe. Such drugs present a recipe for disaster when the byproducts, blood and wastewater from horse slaughter end up in the environment. Because of FRER’s desire to protect the horses and the environment, it has now entered this battle to stop the pollution of Missouri waters.

“We intend to prevent the brutal practice of horse slaughter, which can never be done safely or humanely, and leads to degradation of the environment wherever it takes place,” said Hilary Wood, President of FRER. “With the support of other like-minded people, we can keep the fight going and protect hundreds of thousands of horses.”

Facts:
• More than 100,000 American horses are exported for slaughter each year.
• The slaughter pipeline is well documented as horribly cruel, with many of the horses suffering immensely during transport and the horrific attempts to render them unconscious.
• The USDA has documented the abuse and misery horses suffer at U.S. slaughterhouses.
• Virtually all the horses used for meat spend most of their lives as work, competition or sport horses, companion animals, or wild horses, and are not raised or regulated as food animals.
• During their lives, horses are given a constant regimen of drugs and other substances which are either illegal for food animals, or are potentially dangerous to people who eat them.

FRER is a nonprofit organization dedicated to the rescue and rehabilitation of abandoned and abused horses, and the elimination of American horse slaughter for human consumption. For two full years, FRER has been leading the national charge in preventing the slaughter of American horses for human food. It intends to continue its efforts until the practice is permanently outlawed.

About Front Range Equine Rescue (FRER)
Front Range Equine Rescue is a 501c3 nonprofit working to end the abuse and neglect of horses through rescue and education. Since 1997, FRER has assisted thousands of horses through its rescue and educational programs. Many of FRER’s rescued horses are obtained directly from livestock auctions and feed lots, which without FRER’s intervention would have shipped to slaughter.

Click Here for PDF of Press Release

Click Here to help FRER continue their legal actions to stop Horse Slaughter with a tax deductible donation!

USDA is not required to conduct an Environmental impact Statement or Environmental Assessment in order to grant equine inspection services to businesses planning to pack horsemeat for export, U.S. District Court Judge Christina Armijo ruled Friday.
 
The judge denied the request by animal groups for a permanent injunction and dismissed the case challenging USDA’s authority.  The decision is a massive loss for the Humane Society of the U.S., which largely funded the lawsuit and enlisted 15 other groups and individuals to join it as plaintiffs.
 
And it was a defining  victory for the Department of Justice attorneys who re-affirmed USDA powers contained in the Federal Meat Inspection Act that go back more than 100 years. It means horse slaughter for human consumption could resume shortly under USDA inspection for the first time since 2006.
 
“Valley Meat Company, LLC and Rains Natural Meats are both very please with the decision of Judge Armijo, sai Albuquerque  attorney A. Blair Dunn. “This is a very well reasoned and through opinion.  Valley and Rains are very grateful for the hard work and thought that Judge Armijo put into this decision.  Both companies will now focus on final preparations to open and begin work.”
 
Both Valley Meats and Rains Natural Meats, along with Iowa’s Responsible Transportation, obtained grants of inspection from USDA. The two businesses Dunn represents are now going forward with their plans, while the Iowa firm’s intention now are
not known.
 
Armijo, the chief federal judge in New Mexico, sided with USDA’s historic interpretation of its governing law, namely that it has
little or no discretion over whether to issue a grant of inspection. Instead, she ruled USDA has a duty to inspect meat and meat products even of the unpopular equine variety.
 
At one time, she noted, the Secretary of Agriculture was given the “discretion” to provide inspectors, but Congress
changed that to “the Secretary shall provide such inspectors.”  Click Here to view court ruling document.
 
Since the horse and animal welfare groups sued USDA four months ago, nationally known animal law attorney Bruce A. Wagman argued inspection decisions fell under the National Environmental Policy Act (NEPA) and the Administrative Policy Act (APA).  But the federal court found these only apply to discretionary agency actions, not to those mandated by law.
 
Other federal laws and rules enforced by USDA’s Food Safety and Inspection Service (FSIS) also apply to horse slaughter houses, including requirements for hazard and sanitation plans, humane animal handling and proper sanitary conditions.  The three equine packing houses had met those requirements as part of the USDA grant of inspection process.
 
While horsemeat is a source of protein for consumers in Asia and Europe, no issue involving animal agriculture stirs emotions more in the U.S  than does horse slaughter.
 
Through a spokesman, the HSUS is promising to “not only appeal the decision but also to work with the states to block the plants from opening in Iowa, Missouri and New Mexico and step up efforts in Congress to stop the slaughter of American horses—in the states and also in Canada and Mexico.”
 
“Our legislative and legal activities have prevented horse slaughtering on American soil since 2007, “ added Wayne Pacelle, HSUS president and CEO.  “ With today’s court ruling and the very real prospect of plants resuming barbaric killing of horses for their meat in the states, we expect the American public to recognize the urgency of the situation and to demand that Congress take action. Court fights and state legislative battles have been important, but this is an issue of national importance and scale, and Congress should have an up-or-down vote on the subject.”
 
In the now dismissed case, both sides agreed to allow the judge to hear it on an expedited basis. An appeal would likely go to the 10th Circuit in Denver.

Source: Food Safety News by Dan Flynn

Help Make Horse Slaughter illegal in the United States! Contact Congress in support of the SAFE Act. Passage of the SAFE Act will not only ensure that predatory horse slaughterers cannot reopen their doors here in the U.S.— it will
also stop the trafficking of horses to slaughterhouses over American borders. Click Here to Take Action!

An agency within the U.S. Department of Agriculture (USDA) lacks discretion to deny requests to inspect horse slaughter facilities if they meet requirements under the Federal Meat Inspection Act, rendering an environmental review essentially meaningless, government lawyers argue.

Citing the failure of the Food Safety and Inspection Service (FSIS) to follow the National Environmental Policy Act (NEPA), animal welfare groups—including Front Range Equine Rescue, Horses for Life Foundation and Humane Society of the United States among others—have sued the agency in federal court.

The lawsuit has at least temporarily thwarted the plans of three facilities in Iowa, Missouri and New Mexico to slaughter horses for human consumption. The controversial practice has infuriated animal rights groups and divided Native American tribes. 

In a brief filed last month, Justice Department lawyers argue NEPA doesn't apply to its horse slaughter oversight because FSIS lacks the authority to impose environmental conditions or deny a proposal for inspection on environmental grounds. 

Since federal law requires FSIS to grant inspections to facilities that meet eligibility requirements under the Federal Meat Inspection Act, "environmental considerations pursuant to a NEPA analysis could not have changed FSIS' decision," the government lawyers wrote.

The animal rights groups that have sued FSIS vigorously disagree, and a federal judge is leaning in their favor. In temporary restraining orders that enjoin FSIS from dispatching inspectors to the horse slaughter facilities, Chief U.S. District Judge Christine Armijo has found plaintiffs are likely to prevail on their claims. The judge is expected to make her final decision—whether to grant a permanent injunction—by the end of October. A final ruling is likely to be challenged before the U.S. Court of Appeals for the 10th Circuit.

Plaintiffs have challenged FSIS's decisions to grant inspections and a directive that relates to a drug residue testing program for equines. FSIS Directive 6130.1 provides instructions to government personnel on how to inspect horses before and after they are slaughtered, including instructions for drug residue testing.

In the lawsuit, plaintiffs cite a number of environmental hazards associated with horse slaughter facilities before three plants closed six years ago.

"As described in the record, individuals in the vicinity of previous horse slaughter plants were forced to endure a noxious stench, dealt with blood in streams, and sometimes even found blood and horse tissue running through their water faucets," plaintiffs wrote in a brief.

"Whether this will happen again is precisely the question that should be explored in a properly prepared NEPA document."

NEPA

NEPA typically requires federal agencies to assess the environmental consequences of a proposed action through an "environmental assessment" (EA) and/or a more comprehensive "environmental impact statement" (EIS). FSIS has
conducted neither an EA nor an EIS in connection with the horse slaughter facilities or the agency's drug residue testing program. 

NEPA's requirements don't apply to a federal agency if a proposed action will not have a "significant" impact either individually or cumulatively on the human environment. Regulations excuse FSIS from preparing an EA or EIS unless the agency's administrator, Al Almanza, decides "an action may have a significant environmental effect," according to a memo from FSIS that granted federal meat inspection services to Roswell, N.M.-based Valley Meat Company, LLC.

FSIS's action "is purely ministerial" since it must grant federal inspection if a facility has met statutory and regulatory requirements, the agency concluded in the June 27 memo.  "A grant of federal inspection likewise does not and will not allow FSIS to exercise sufficient control over the commercial horse slaughter activities at Valley Meat such that the grant will constitute a major federal action that triggers NEPA requirements," the memo declared.

The agency explained it only has authority to regulate a facility to the extent necessary to verify that meat produced for human consumption is properly labeled, packaged and wholesome.

Drug Residues

Plaintiffs have expressed fears that the horse slaughter plants are potentially dangerous in part because drugs that are administered to horses are not safe for human consumption and have the potential to contaminate "local ecosystems and water and soil supplies."

Between 1996 and 2006, when FSIS tested horses for drugs before funding for horse inspections was withdrawn, few equines tested positive, according to the agency. But plaintiffs contend FSIS failed to test the animals for many drugs that are commonly administered to horses.

Documents submitted to the federal government have listed 115 drugs and categories of drugs that have been approved for use in horses and have been known to cause problems for humans, according to Bruce Wagman, an attorney representing a number of plaintiffs in the lawsuit.

The Attorney General of New Mexico has expressed similar fears, pointing out in a letter to Valley Meat that horse meat containing such dangerous substances as the anti-inflammatory drug phenylbutazone (PBZ) would be considered "adulterated" in violation of state law.

FSIS has defended the drug testing program, citing a number of safeguards—including random tests of horses after they are slaughtered—that are intended to protect the public from exposure to harmful chemicals and pesticide residues.

State agencies and the U.S. Food and Drug Administration (FDA) investigate companies whose meat has tested positive for unpermitted drug residues, and FDA has authority to prosecute a business and take other enforcement action, FSIS pointed out.

Although FSIS has acknowledged it will conduct fewer samples under its new program, the agency said it will analyze them for a larger number of chemical compounds. But plaintiffs gripe the new program "ignores several dozen other substances commonly given to horses that may be harmful to humans."

Source: Food Product Design by Josh Long

Help Make Horse Slaughter Illegal in the United States! Contact Congress in support of the SAFE Act. Passage of the SAFE Act will not only ensure that predatory horse slaughterers cannot reopen their doors here in the U.S.— it will also stop the trafficking of  horses to slaughterhouses over American borders. Click Here to Take Action!

Today our lawyers filed an emergency motion to expand the Temporary Restraining Order (TRO) against horse slaughter to include Rains Natural Meats  located in Gallatin, Missouri.

Rains Natural Meats recently met all the statutory and regulatory requirements and has now demanded that the USDA send inspectors to their facility by as early as September 23rd so they can begin slaughtering horses.

If federal Judge Christina Armijo agrees, the TRO filed today will put an immediate halt to operations at Rains Natural Meats (Missouri). Valley Meat Company (New Mexico) and Responsible Transportation (Iowa) are currently under the TRO granted to us in court on August 2nd. 

The backbone of the case is that the USDA hasn’t conducted the requisite NEPA analysis for opening commercial horse slaughter operations. The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.

>>> Click Here to View the Emergency Motion

Help Ban Horse Slaughter Nationwide! Contact Congress in support of the SAFE Act. Passage of the SAFE Act will not only ensure that predatory horse slaughterers cannot reopen their doors here in the U.S.— it will also stop the trafficking of  horses to slaughterhouses over American borders. >>> Click Here to Take Action!  

A third business has met all the statutory and regulatory requirements to require USDA to provide inspection services when it begins processing horsemeat for human consumption.

Department of Justice (DOJ) attorneys representing USDA have informed the U.S. District Court for the District of New Mexico that it may want to expand its temporary restraining order against horse slaughter to include Rains Natural Meats in Gallatin, MO.

That restraining order currently only prevents USDA from providing inspection services to Valley Meat in New Mexico and Responsible Transportation in Iowa, the first two businesses to qualify since a five-year ban on spending federal money on horse slaughter inspections ended in 2012. “When this court entered its temporary restraining order, Rains Natural Meats had not yet met the requirements for a grant of inspection, and thus the temporary restraining order expressly applies only to FSIS’s (Food Safety and Inspection Service’s) inspection of the Valley Meat and Responsible Transportation facilities,” the DOJ attorneys wrote, adding, “But circumstances have changed, and Rains Natural Meats is now eligible and requesting a grant of inspection.”

The government attorneys said that, while they were not waiving any of their earlier objections to federal Judge M. Christina Armijo’s order, they understood that she may want to amend it in light of the new reality.

Rains Natural Meats is a small meat and poultry slaughter and processing facility with about 5,300 square feet. Built in 1998, it has been a USDA-inspected facility for various meat and poultry processing since it was built, but the business has had difficulties due to the slow economic recovery.

Owner David Rains opted to file for an equine grant of inspection on Jan. 13. While waiting for the application to be approved, he told local media outlets that he’s been driving a school bus to pay his bills.

In its “Decision Memo,” USDA said the Federal Meat Inspection Act (FMIA) requires government inspectors to conduct ante-mortem inspection of all amenable species, including cattle, sheep, swine, goats, horses, mules and other equines, including a post-mortem inspection of “carcasses and parts of all amenable species.”

“Horses, mules, and other equines have been among the livestock species that are amenable to the FMIA since it was amended by the Wholesome Meat Act in 1967,” wrote Philip S. Derfler, FSIS deputy administrator.

FSIS is required to conduct an examination and inspection of the methods of slaughter to ensure they are in compliance with the Humane Methods of Slaughter Act, which calls for prevention of needless livestock suffering.

In the USDA memo, Derfler says the decision to provide inspection services under the FMIA “is purely ministerial because if a commercial horse slaughter plant meets all of the statutory and regulatory requirement for receiving a grant of federal inspection, FSIS has no discretion or authority under the FMIA to deny the grant on other grounds or to consider and choose among alternative ways to achieve the agency’s statutory objectives.”

“Therefore, a grant of federal inspection services under the FMIA is not a major federal action that is subject to NEPA (National Environmental Policy Act) requirements,” he added.

Horse rescue and animal-welfare groups have sued in federal court in New Mexico, charging that NEPA requires USDA to conduct environmental reviews before granting inspection services for horse slaughter. Judge Armijo granted a temporary restraining order just ahead of the start dates for Valley Meat and Responsible Transportation.

In a separate proceeding, a federal magistrate has ruled that a plaintiff’s bond of almost $500,000 per month might be required to cover potential losses by the defendants while the case is argued. The bond is intended to compensate the defendants if the plaintiffs lose.

Government attorneys then suggested the case be accelerated and the plaintiffs agreed. Both sides are now preparing briefs that should frame the issues for the judge to decide by about Oct. 10. After she rules, the losing side will likely appeal to the Tenth Circuit Court of Appeals in Denver.

About 175,000 horses from the United States are exported for slaughter each year to Canada and Mexico. New USDA-inspected horse-slaughter facilities in the U.S. would export horsemeat for human consumption to areas of the world where
there is a demand, mainly Europe and Asia.

Source: Food Safety News by Dan Flynn

>>> Click Here to View the Department of Justice's Legal Notice regarding grant of inspection for Rains Natural Meats in Gallatin, Missouri.