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Long Live Mr. Ed
The successful attack on horse slaughter says plenty about what animal rights groups are willing to do, and what animal agriculture had better watch out for.
By Wes Ishmael
It’s a long, littered road of archaic state laws and proposed new federal ones that are ringing a death knell for horse slaughter in the United States. It’s a path that bears learning, though, lest other livestock industry freedoms die at similar hands.

Texas was home to two of the three horse packing facilities in the U.S. before both were shuttered in May. Slaughter opponents used a 1949 state law that was placed on the books originally to prevent packers from mixing horse meat with beef.

In Illinois, the nation’s final horse plant is gasping through what appears to be a final appeal to a new state law banning the slaughter of horses for human consumption.

If state regulations weren’t enough, a pending bill in the U.S. House of Representatives (H.R. 503) seeks to amend the Horse Protection Act to, “…prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes.” A sister bill (S. 311) is pending in the senate.

On top of that, the House of Representatives recently approved an Agricultural Appropriations Bill including language (Sec. 738) to prohibit the use of any funds to inspect horses at slaughter for human consumption, or to accept fees for the inspection.

The latter was petitioned of USDA by the slaughter horse facilities, according to Brent Gattis, Senior Policy Advisor for Olsson, Frank and Weeda, P.C. in Washington, D.C., which has been representing the horse slaughter facilities. The petition was made due to earlier appropriations language aimed at preventing funds from being used for horse inspection if they were destined for human consumption. That’s despite the fact that the U.S. Meat Act is a mandate for government to provide inspection of any livestock at slaughter facilities, according to Gattis.

Ultimately, a federal appeals court blocked USDA from providing these inspections for a fee.
But the language in the appropriations bills is nothing compared to what existed before it. In simple terms it would have prohibited federal veterinary inspection of horses for all purposes. No more international trading of race horses, no more competing at international equestrian events. No more circuses with horses.

“It was unclear whether you’d even be able to move horses across state lines for that matter,” says Gattis.

Never mind commerce, livestock officials were rightfully concerned that the language opened the door to an animal health nightmare. In a letter to the chairman of the Agricultural Appropriations Committee, from 18 livestock organizations—including the American Association of Equine Practitioners (AAEP), National Cattlemen’s Beef Association, American Quarter Horse Association (AQHA) and Professional Cowboys Rodeo Association—explained the language would also prohibit inspection of live horses for disease, as well as inspections at quarantine facilities. The General Counsel for the USDA Food Safety Inspection Service and the Animal and Plant Health Inspection Service also weighed in against the language.

The Senate has yet to vote on agricultural appropriations, meaning supporters of the original version of Sec. 738 could try to revive it.

How We got Here
“This is emotion versus logic, and we never win those kinds of arguments,” laments Lance Baker, associate professor of animal science in the Equine Industry Program at the West Texas A&M University.

If you accept populist history, it was emotion that started the ball rolling to begin with. A former Kentucky Derby winner—sold to Japan for breeding—ended up being a world-class dud in terms if siring colts that could do little more than keep up with their shadows. Allegedly, the owner of this expensive lemon ultimately had him slaughtered—horse meat is common in that country. Some Thoroughbred owners in the U.S. were aghast that someone would do something legal with their own personal property, and a firestorm of influence was ignited.

The emotion is easy enough to understand.
Many a genuine cowboy has cried rivers when it came time to part ways with a trusted equine pal. But he understands the bargain: the four-legged partner gives his all as long as he can; the two legged one has a responsibility to provide the best, even in the end, even though it hurts.
Logic doesn’t come as natural to others.

“Most people who own horses don’t treat them like livestock, they treat them more like a cross between livestock and a pet… They simply believe horse meat should never be eaten,” explains Baker. But folks of this ilk have yet to come up with a viable option for the foundation of the dilemma created by a ban on horse slaughter—the unwanted horse.

According to a report issued by the Animal Welfare Council (AWC) last year there are about 9.2 million horses in the U.S. (2005). Of those, until the ban on horse slaughter; AWC estimated approximately 1% were marketed annually to processing for human consumption. So, right at 90,000 horses each year.

“Those in favor of banning horse slaughter say those 90,000 head can be absorbed into current horse rescue facilities,” says Baker. “First, no federal regulations exist to govern the care of horses in those facilities. Second, there aren’t enough rescue facilities to take care of 90,000 unwanted horses this year, let alone another 80,000-90,000 the year after than and so on.”

Tom Persechino, Senior Director of Marketing for AQHA, echoes that. “There are very few, and by that I mean less than a handful of publicly funded, equine facilities/shelters like those that we have in every city for dogs and cats,” he says. “If the government is going to limit processing as an option, they should first provide economic alternatives for owners. Dog and cat shelters enjoy wide-spread public support and funding. Shouldn’t horses have the same option?”

For the record, Persechino explains AQHA doesn’t favor slaughter, but it recognizes that processing is a viable, economical and humane end of life option.

“We also view this as an owner’s rights issue and remain opposed to this irresponsible and unnecessary language (in the federal bills),” says Persechino.

Baker also points out, “Horse slaughter has always been voluntary. No one ever held a gun to someone’s head telling them that was their only option.”

However you describe it, the alternative for unwanted horses is expensive or tougher on horses than the alternative that existed before.

On the one hand, according to AWC, a conservative estimate of the total cost of caring for unwanted horses, based upon 2005 statistics, is $220 million per year. In a summation of the impact of Sec.738, Gattis and others wrote, “According to a 2005 study done for the American Horse Council, the U.S. horse industry (racing, showing, recreation) involves 9.2 million horses, 4.6 million people (including nearly 2 million owners), contributes $40 billion a year in direct economic impact and $102 billion in total economic impact and supports 453,000 jobs directly, and 1.4 million in total.”

Further, Persechino shares statistics from the AAEP that estimate basic sustenance horse care at $1,900 per horse per year—food, water and shelter, but no veterinary or farrier expense. AAEP has opposed the ban on horse slaughter from the beginning.

That doesn’t count the estimated $26 million annual revenue from horsemeat sold for processing prior to the ban, according to AWC.

A Home or Hell
On the other hand, horses are still being sold for slaughter, but they’re being forced to endure long rides to Canada or Mexico where horse slaughter is still legal, and where the U.S. has no control over their treatment.

Keep in mind, horses destined for slaughter are often not in prime health. According to AWC, “In a survey, horses at processing plants had substantially poorer foot and body condition and proved less sound than horses observed at sales facilities. These characteristics demonstrate symptoms of lack of care and/or chronic pathological conditions.”

“The plants in the United States were all inspected by the federal government, the American Veterinary Medical Association and the American Association of Equine Practitioners; they were all accredited as humane,” emphasizes Baker.

Gattis adds that since the meat processed in these facilities was destined for European consumption, a qualified veterinarian was required for all euthanasia.

When Baker broaches the subject with his students, some who might initially side with slaughter ban supporters, he ultimately gets around to this: Here are these horses the university owns that can no longer be used because of old age, chronic lameness, and all the rest.

“Any one of you can have any one of them. Who wants to give them a home for the rest of their life?.” No takers over the years, except for one. “Now you understand the plight of the unwanted horse.”
It’s not much easier when they’re dead.

In a paper entitled The Unintended Consequences of a Ban on the Humane Slaughter of Horses in the United States, AWC explains, “For all disposal methods, except for on-site burial, transportation of the horse carcass to the disposal site creates issues pertaining to cost, disease transmission and potential exposure to the public of deceased animals. The increasing cost and difficulty of carcass disposal is emerging as a significant issue for horse owners with limited financial capacity to care for an unwanted horse.”

Renderers are fewer and farther between. When available, they charge $75-$250, rather than paying for carcasses like they used to. There’s incineration, but it’s not necessarily readily available, and it costs $600-$2,000 says AWC. Newer technologies like composting and bio-degradation also come at a cost and have unique environmental or access challenges. Even burial—euthanization by a veterinarian and disposal at a certified landfill still willing to accept horse carcasses—will cost $300-$500.

Based on personal experience, one shared by too many folks at the end of too many roads, Baker points out, people abandon dogs out in the country, rather than take them to the local animal shelter, many of which charge nothing. He wonders what would possess these same people to pay what it costs to humanely euthanize and dispose of an unwanted horse.

In fact, that’s just what lots of people are doing, leaving unwanted horses in the country: in pastures, tied to fences at training facilities and sale barns, or simply let loose. Persechino notes, “AQHA has received countless calls from people (sale barn owners, members, ranchers, etc.) who have had horses abandoned.”

“Most people know the damage a deer can cause to people and vehicles when they get hit. Imagine a thousand-pound horse going through the windshield. That’s my greatest fear for people, given this situation,” says Baker.

Private Property and Economics
Some of these midnight gifters are little better than horse thieves, in this case expecting others to take care of their responsibility. For others, it’s undoubtedly a misguided attempt to provide for their horse when they can’t.

According to the AWC report, published data for 1994-95 indicates there were 2,277 horse malnutrition cases in California alone, with 321 horses impounded for 15 days to seven months at a cost of $10.25 per day. The most common reason for horse neglect was owner ignorance (67% response), followed by economic hardship.

Of course, the processing ban itself contributes to economic hardship.

“In the past the killer price was salvage value. You took them to the local auction and got a check for $200-$500,” says Baker. Incidentally, killer horses were bringing $30-$35/cwt. in West Texas in August, all of them destined for Mexico.

Plus, Persechino explains, “From an economic point of view, the bottom price has been removed, devaluing all horses. This works out to be unfortunate and problematic for the horse because the economics works against it. A horse that might have been valued at, say, $1,000 is now worth less than that. When certain owners cannot raise enough money to sell it, they certainly aren’t going to continue paying to care for it. What alternative does the owner or the horse have left?”

“Without the option and economic incentive to process horses, the number of animal neglect cases may double or triple in local communities,” concludes AWC.

That was the basis of a joint response from NCBA and 190 other state and national organizations to the pending federal bills: “…As many as 90,000 horses annually will need care, food and shelter. S. 311, and legislation in the House, H.R. 503, both fail to address the problems of costs for care and the unintended mistreatment of these animals in non-regulated rescue facilities.”
Persechino says, “I think you also can expect tax payers to foot the bill for horses that become part of the ‘equine welfare’ system, just as we are currently subsidizing wild mustangs and burros.”

A Hangover in the Making
All of this is before you consider the troubling precedents the ban on horse slaughter represents.
“We’re concerned this could set a precedent that would prohibit processing of other livestock species, since the decision is based on emotion rather than on science, animal welfare and animal health,” says Josh Wineganer, Director of Government Relations for the Texas Cattle Feeders Association (TCFA).

TCFA and other state associations were heavily involved in the debate over the horse slaughter facilities in Texas. Because the 1949 law mentioned earlier was already on the books, Winegarner explains there was little opportunity to try to convince slaughter ban supporters of the its unintended consequences.

Likewise, speaking to the pending federal bills, Persechino explains, “By passing this legislation, the government would be limiting the way citizens can manage their personal property. Horses are personal property protected under the United States Constitution. Any law that would result in taking of personal property without just compensation or valid purpose is a violation of an individual’s constitutional rights. Furthermore, it is a violation of the commerce Clause to unreasonably restrict interstate trade of property.” 

“This is a good example what animal rights groups such as the American Humane Society are willing to do in their effort to prohibit anyone from owning livestock for any reason,” says Gattis. “It’s also a good example of what can happen unless the agricultural industry bands together.”

Obviously, groups like those mentioned here are spending resources heavily to protect the welfare of their livestock and their own personal rights. Even within such groups, though, emotion divides some of the membership when it comes to horse slaughter.

“I think the agricultural community is on the same page in this debate for the most part,” says Winegarner. “However, some organizations are more actively engaged than others.”
Ironically, Winegarner points out it may become easier to get the public and their elected officials to recognize the problem with unwanted horses in light of the ban on horse slaughter as more horses are abandoned and neglected.

“Continue to educate your representatives in Congress about any impacts you see from the ban on horse slaughter, and about the unintended consequences it could have on other livestock species,” advises Winegarner.

For its part, the industry is trying to wrestle with the growing problem of unwanted horses with nowhere to go, via the Unwanted Horse Coalition, which was formed in 2005 and later folded into the American Horse Council. According to Persechino, the organization’s goal is to educate owners, raise awareness and facilitate information exchange, ultimately to reduce the number of unwanted horses and eliminate the problem altogether.

In the meantime, Baker says, “All of those in favor of the ban can rest easy. These horses won’t be slaughtered here in facilities we know handle them humanely. Instead, they’ll be trucked hundreds of miles to facilities in other countries where we have no control over their treatment.”

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