What’s Happening on the Legislative Front - State - Mike Zumwinkle, Director, Government Relations and Corporate Affairs, Cargill , from the 2010 Animal Ag Alliance Stakeholder's Summit: Truth, Lies and Videotape: Is Activism Jeopardizing Our Food Security?, April 28 - 29, 2010, Washington, DC, USA. More presentations at http://www.trufflemedia.com/home/conference/2010-animal-ag-alliance-stakeholders-summit

1. Animal Welfare: A
Legislative Update
and Outlook.
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Animal Welfare Legislative Summary.TM
Mike Zumwinkle
Corporate Affairs
April 28, 2010

2. Objectives
• Current Landscape: How’d we get where we are?
• Emerging issues and trends: Where are we going?
• Strategy Thoughts Going Forward: How do we win?
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3. Landscape
Animal Rights groups have been working for years to
reshape animal agriculture in the U.S. These groups
seek to force producers and animal agriculture to
change traditional methods of raising animals.
Through a mix of ballot initiatives, legislation – or the
threat of both – these groups have been successful in
moving their agenda forward.
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4. Overall Picture in 2010
• The level of animal welfare legislation is unprecedented. At
present we count 67 bills in over half the states.
• Bills are wide ranging: tail docking, animal cruelty laws,
confinement, puppy mills, standards of care, care boards,
harvesting issues.
• Ballot initiatives in Ohio and Missouri.
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5. Summary of Animal Welfare Initiatives
Year
2002
2006
2007
2008
2008
2009
2009
2009
2010
2010
State
FL
AZ
OR
CO
CA
ME
MI
OH
OH
MO
Action
55-45 pass
62-38 pass
Legislation
Legislation
63-37 pass
Legislation
Legislation
64-36 pass
??
??
Result
Ballot, Ban on gestation crates
Ballot, Ban on gestation and veal crates
Ban on gestation crates
Ban on gestation and veal crates
Ballot, Ban on gestation, veal, battery
Ban on veal and gestation
Ban on veal, poultry, gestation crates
Ballot, Creation of Ohio Livestock Care Board
Proposed Ballot, California-like ban
Proposed Ballot, HSUS and Industry measure
Note: The margin of victory in every case was significant
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6. State Commonalities
All of the states had….
• Ballot petitions for either constitutional amendments or
initiated statutes
• A tradition of initiatives and were politically winnable
• Either influential political leadership or significant
electoral votes in Washington
• Organized grassroots efforts with affiliated partners
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7. States with Initiative and Referendum
Statute Initiative and/or Referendum
Constitutional Amendment only
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Animal Welfare Legislative Summary.TM

8. States with Initiative and Referendum
Animal Rights Activity
Future Targets
Statute Initiative and/or Referendum
Constitutional Amendment only
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Animal Welfare Legislative Summary.TM

9. Four States on Radar Screen …
1 Missouri
•
•
•
•
Missouri producer groups proposed their own constitutional initiative
Language affirms right to raise animals in humane manner
Industry also working on creating a livestock care board -- advisory only
HSUS pursuing Puppy Mill bill – presently collecting signatures (130,000).
2
Ohio
•
•
•
•
Bell weather state and key battleground state.
HSUS pursuing California-like restrictions
Signature collection underway – 402,000 signatures needed
Livestock Coalition has been established.
California
• Additional legislation proposed
• One bill would create an animal abuser registry.
• A second bill would apply Prop 2 standards to all eggs imported into state
Oklahoma
• Passed legislation on local zoning, considering livestock care board.
• Prime target -- constitutional amendment, small number of producers, out of
state companies. Planning underway. Timing uncertain.
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Animal Welfare Legislative Summary.TM

10. Other State Activity
Other State Activity
Illinois
• Legislation introduced in each of last two
sessions; seek to impose CA prop 2
standards.
2.
Indiana
• Designated the State Animal Health
Commission with farm animal care
authority.
3.
Nebraska
• Preparing for legislative and ballot activity;
passed two bills this session.
4.
New York
• Set restrictive standards for animal care
5.
Minnesota
• Bills on puppy mills, animal cruelty and tail
docking.
6.
Others?
• Issues? Transportation, antibiotics, puppy
mills, CAFOs, livestock care boards.
1.
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Animal Welfare Legislative Summary.TM

11. The Response from Ag Groups
• Amend the ballot and initiative process – make issues tougher
to place on ballot – Several states considering
• Create Livestock Care Boards – Ohio, Kentucky, WV, ID
• Designate Animal Health Commission with care authority – IN
• Differentiate farm and companion animals in code – NE
• Create language affirming role of livestock in states – MO
• Enhanced education efforts, information campaigns
• Establish Ag coalitions – seek to expand
• Others??
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12. End Game: Federal Legislation
• States that have either passed legislation or ballot measures on
animal welfare account for nearly 40 percent of House of
Representatives.
• If HSUS has another three year run like the last three years, over 50
percent of the House will be covered.
• Each state has a different set of rules, procedures, guidelines and
standards. There will be a call to harmonize standards at the
federal level.
• Doubtful that there will be a successful effort for federal legislation in
the near term, but pressure may mount if there aren’t some victories
at the state level.
• Animal welfare agenda will emphasize other issues.
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13. Lessons Learned
• Industry has been slow to respond – It has everyone’s
attention now, even in states without ballot initiatives.
• Messages need to be clear and convincing – this hasn’t
happened yet.
• States with ballot initiatives have a different set of options
than states that don’t.
• States need to be organized well in advance to take action.
Once the signature drive has started, it’s too late.
• Producers and Producer groups need to stay united.
• Old tactics no longer work. Defeating legislation and moving
on no longer works. States need to be creative and
proactive.
• Animal welfare groups will pursue an incremental agenda.
• Financial resources are KEY.
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14. Recommended Next Steps
• Support strategy for dealing with this state-by-state. We need to
find better ways to share best practices.
• Oppose Federal Legislation.
• Recognize this movement is not isolated and extends beyond state
borders; each state must define its own response.
• Encourage our trade associations to be aligned, anticipate and act
accordingly.
• Involve businesses and include non-traditional partners
• Be a catalyst for change by helping create industry groups
dedicated to animal welfare.
• The Coalition for Sustainable Egg Supply
• The North America Food Animal Well Being Commission.
• Continue being a leader in animal welfare practices.
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