by Madison Holcomb, for Examine Midwest, Examine Midwest
January 30, 2025
On Aug. 24, 2024, a semi-trailer truck owned by Demaree Trucking, LLC, was hit by one other semi on Interstate 57 in jap Illinois, inflicting the truck and its cargo of 67 cows to flip over onto the freeway shoulder. Twenty of the cows on board have been killed, whereas one other 20 obtained unfastened, scattering throughout the freeway and close by fields, in response to information from the Illinois State Police and the Tuscola Fireplace Division.
A number of minutes later, one of many stray cows was hit and killed by one other truck.
A month later, Folks for the Moral Therapy of Animals, the animal rights nonprofit, put up a billboard close to the location of the wreck. “I’m ME, not meat,” learn PETA’s billboard, decrying the carnage and harmful circumstances animals can face whereas being transported.
Legislation enforcement didn’t discover the cattle-carrying truck at fault, however in response to police information, the truck that hit it drove away earlier than state police arrived on the scene.
The cows killed within the Tuscola incident have been simply a number of the thousands and thousands of livestock killed in 2024 whereas being transported.
Final 12 months, round 20.3 million animals died — 19.8 million of the deaths have been chickens — on the best way to a slaughterhouse, in response to Examine Midwest’s evaluation of U.S. Division of Agriculture slaughter figures. Past accidents, most of the deaths have been attributable to lethal circumstances contained in the trailers. USDA information additionally present greater than 800,000 hogs might not stroll upon arriving at a slaughterhouse.
Federal legal guidelines require animals to be unloaded at numerous occasions for relaxation and water, however an Examine Midwest evaluation discovered that the USDA hardly ever investigates suspected violators.
Efforts to strengthen the legal guidelines have additionally been unsuccessful.
“Not solely do lax federal laws on farm animal transportation create inhumane and merciless circumstances, however these inefficiencies within the legislation are additionally inflicting many animals to succumb to illness and damage throughout these lengthy journeys, which may be handed on to people,” stated U.S. Rep. Dina Titus, a Nevada Democrat who launched a invoice final 12 months to extend the enforcement of present animal welfare legal guidelines.
The invoice was referred to the Home Agriculture Subcommittee on Livestock, Dairy, and Poultry in 2024. No additional motion has been taken.
Animal welfare advocates blame most of the deaths and accidents on a system of weak legal guidelines and poor regulatory oversight, particularly in comparison with different Western international locations, together with Canada and Australia. In some instances, truckers are exempt from drive-time legal guidelines if they’re hauling livestock.
“A part of the explanation why animals are handled so poorly is as a result of it’s extra economical to do it that method,” stated Adrienne Craig, a senior coverage affiliate and employees legal professional on the Animal Welfare Institute, a nonprofit advocating for improved journey circumstances.
The one federal legislation governing the interstate transportation of livestock is the Twenty-Eight Hour Legislation, which states animals should be unloaded for at the very least 5 hours to be fed, watered and rested if the journey takes greater than 28 consecutive hours.
The Twenty-Eight Hour Legislation was first enacted in 1873 when rail vehicles have been the first technique of transportation for livestock. Few adjustments have been made to the legislation since. The USDA decided in 2006 that the legislation utilized to vans, however solely after intense stress from animal rights organizations.
Between 2006 and 2023, the USDA performed simply 19 investigations into potential violations, in response to public information obtained and shared by the Animal Welfare Institute.
Craig stated any kind of distance traveled can have various results on animals, particularly when there may be extended meals and water deprivation, crowding and excessive temperatures.
“The longer the journey, the longer the animals are uncovered to emphasize, which weakens their immune programs,” Craig stated.
She added that damage charges peak for cattle when the journey exceeds 12 hours.
“If in case you have an animal that may’t steadiness for, you recognize, 18 hours on a truck and finally ends up falling, they are often trampled by different animals,” she stated.
Simply 4 warnings lately over Twenty-Eighty Hour Legislation violations
Whereas it’s uncommon for the USDA to research suspected violators of the Twenty-Eight Hour Legislation, it’s even rarer for regulators to take motion towards a discovered violator.
Of the 19 Twenty-Eight Hour Legislation investigations the USDA performed over the past 17 years, 12 of these instances have been discovered to have violations. Nonetheless, simply 4 resulted in an official warning; the remaining have been both referred to a different company or decided that no motion might be taken as a result of transport corporations being Canadian, in response to the USDA information.
Solely two USDA companies examine violations of the legislation: Animal and Plant Well being Inspection Service Veterinary Companies (APHIS VS) and USDA Meals Security and Inspection Service (FSIS).
FSIS inspectors are tasked with alerting veterinary providers if they think a legislation violation at a slaughterhouse. They’re supposed to observe for dehydrated or exhausted animals and ask the institution supervisor if the hauler complied with the legislation.
Veterinary Companies requires seals for worldwide truck shipments to find out if the animals have been unloaded throughout the journey.
Lyndsay Cole, APHIS assistant director of public affairs, declined to reply questions on whether or not the Twenty-Eight Hour Legislation is adequate at defending animal well being.
In an emailed assertion, Cole stated the USDA investigates alleged violations of the legislation after which provides the findings to the Division of Justice. The Lawyer Basic can search penalties for violators if it’s decided {that a} transporter knowingly and willingly violated the legislation.
The Division of Justice declined to reply questions regarding what number of violations have occurred and what penalties have been issued. Cole stated if the DOJ have been to situation a penalty, it might notify the USDA — however when requested what number of occasions the USDA has acquired such a notification, Cole stated that info isn’t tracked.
Livestock haulers are exempt from some legal guidelines
The Federal Motor Service Security Administration units hours of service (HOS) guidelines that state the utmost period of time truck drivers are allowed to be on obligation and the quantity and size of relaxation durations.
Based on the laws, property-carrying drivers might drive not more than 11 hours after 10 consecutive hours off obligation, and should not drive previous the 14th consecutive hour after approaching obligation.
Nonetheless, drivers hauling agricultural commodities, together with livestock, are exempt from a number of the guidelines. The exemptions embrace livestock haulers inside 150 miles from the supply of the livestock, comparable to a gross sales barn, and 150 miles from the place the livestock is to be delivered. This enables drivers to forgo utilizing an digital logging system or hold paper logs.
Zach Cahalan, government director of the Truck Security Coalition, which helps truck crash victims and advocates for truck security laws, believes the exemptions enhance driver fatigue.
“What we see is, ‘How can we quick circuit the system to move items as cheaply as potential, after which foist the fee for that on state-level authorities, on victims of crashes; actually anybody however us, in order that extra individuals get to purchase items cheaply, and we earn more money?’ ” Cahalan stated.
Cahalan believes that hours of service exemptions consequence from business stress to maintain transport prices as little as potential.
“One in 5 (vans), statistically, must be positioned out of service, that means it’s unsafe to be on the street,” he stated, citing nationwide roadside inspection information.
Jon Samson, government director of the agricultural and meals transporters convention on the American Trucking Associations, the biggest nationwide commerce affiliation for the trucking business, stated he helps the present hours of service exemptions.
“The rationale that obtained put in place is as a result of agriculture revolves round inclement climate,” Samson stated. “Say a storm was coming in; generally it was essential to run extra hours than the present hours of service laws allowed to get extra merchandise out of the sector,” Samson stated.
Samson additionally believes the exemption prevents some animal loss by getting animals to their vacation spot faster and maximizing manufacturing.
“We have to proceed to develop as a lot meals as effectively as we are able to to be able to ensure that all people continues to be fed,” Samson stated.
Animal welfare advocates level to Europe, Canada transportation legal guidelines
Of their push for stricter transportation legal guidelines, many animal welfare advocates level to the European Union, Canada and Australia as examples to comply with.
Craig, with the Animal Welfare Institute, stated the European Meals Security Authority primarily based its beneficial animal transportation requirements on scientific research. The authority beneficial a restrict of 9 hours for animals being despatched on to slaughter, a 21-hour restrict for animals not being despatched to slaughter, and an eight-hour restrict for unweaned calves, lambs, children, piglets, and foals. If the mode of transport is provided with a feeding system, the utmost is 9 hours.
Craig stated reducing the utmost transport time for susceptible animals, comparable to neonates, animals underneath 4 weeks previous, or weak or sick animals, must be a precedence.
“What could be even higher, although, is complete laws that handled all elements of transport, moderately than simply period,” she stated.
Within the European Union, livestock transportation automobiles are required to have air flow programs and a steady provide of recent water. Resting and feeding durations are decided by the animal’s age and species moderately than a common normal, like within the U.S. The EU additionally has stocking density laws for animal shipments, which forestall animals from being too tightly packed right into a trailer.
Canada has complete humane animal transport laws which can be backed by “science-informed necessities,” in response to a 2022 Nationwide Institutes of Well being article on the nation’s laws. Canada’s laws embrace a required contingency plan to cut back avoidable animal struggling and restrictions on overcrowding.
Craig stated she needs the U.S. to undertake health laws in order that animals may be evaluated for the way wholesome they’re earlier than they’re hauled.
“Past the space that animals should journey, one of many components that’s vital in whether or not or not they are going to make it to their vacation spot is what circumstances they’re in once they’re placed on the truck,” Craig stated.
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