(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.”

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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]

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.  
 
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. 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