Journal Article Summary: Health and Welfare Preempted

In 2008, the Humane Society of the United States released an undercover video showing horrific abuse of disabled cows in a California meat packing and meat processing company. As a result, California passed a law prohibiting animals who could not stand and walk under their own power from entering the food supply and requiring that they be euthanized humanely. 

The meat industry immediately challenged the law as conflicting with federal law. The Ninth Circuit upheld the law based on long-standing states' rights to make decisions regarding treatment of nonhuman animals, including decisions regarding which animals can be eaten. However, in 2012, in National Meat Association v. Harris, the Supreme Court struck down the law as preempted by the Federal Meat Inspection Act. 

As I argue in this article, the decision undermines California's ability to protect its human and nonhuman inhabitants. Moreover, the decision places misplaced reliance on the Federal Safety and Inspection Service within USDA to protect animal welfare and food safety. The agency has shown time and again that it is not up to the task. At the same time, Congress’ unwillingness to act to reverse the Supreme Court leaves states and the public in an untenable position: unprotected and impotent to act. This decision harms human and nonhuman health and undermines states' rights in an area where states have always had the right to act.

• Health and Welfare Preempted: How National Meat Association v. Harris Undermines Federalism, Food Safety and Animal Protection, Journal of Food Law & Policy