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Farm Animals Left Unprotected by PA State Law

PENNSYLVANIA -January 17 , 2002 - As part of a nationwide effort by Farm Sanctuary, citizens across the U.S. are calling upon their city, county and state governments to enact symbolic proclamations recognizing farm animals as sentient beings. In Pennsylvania, animal advocate Jill Mahovich brought the proclamation to the governor's office, she said, "because it is unfair for farm animals to be seen as mere commodities rather than as sentient creatures with feelings and emotions of their own." Her request, however, was denied.

John I. Enck, Jr., Director of the Pennsylvania Department of Agriculture, responded to Mahovich's request for the proclamation by stating that, "Cruelty to animals is addressed in Pennsylvania's Crime Code at 18 C.S.A. Section 5511. This statute provides for humane care and allows harsh penalties for those who are in violation of the law."

However, an examination of the statute in question shows that Pennsylvania law specifically excludes farm animals from protection, stating that, "This subsection shall not apply to activity undertaken in normal agricultural operation," defined as "normal activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products." Thus, any practice adopted by farmers, regardless of its cruelty, is legally acceptable.

Pennsylvania's anti-cruelty law does not prevent cruelty to farm animals. In fact, most state anti-cruelty laws in the United States, along with the federal Animal Welfare Act, specifically exclude farm animals. By contrast, European law requires that farm animals be recognized as sentient beings, not commodities, and this has led to basic humane protections for farm animals. The lack of legal protection for farm animals in Pennsylvania illustrates the need for a sentient beings proclamation in the state.

About Farm Sanctuary
Farm Sanctuary is the nation's leading farm animal protection organization. Since incorporating in 1986, Farm Sanctuary has worked to expose and stop cruel practices of the "food animal" industry through research and investigations, legal and institutional reforms, public awareness projects, youth education, and direct rescue and refuge efforts. Farm Sanctuary shelters in Watkins Glen, N.Y., and Orland, Calif., provide lifelong care for hundreds of rescued animals, who have become ambassadors for farm animals everywhere by educating visitors about the realities of factory farming. Additional information can be found at www.farmsanctuary.org or by calling 607-583-2225.