Animal Welfare Bill Strikes Dairy Industry

And so it begins………..the attack on our #1 industry of agriculture by animal welfare activists.

HB 189 was proposed quickly and quietly and assigned to the House Judiciary Committee. It’s an act to amend Title 11 of the Delaware Code relating to dairy cattle tail docking. A quick synopsis of the bill establishes Dairy Cattle Tail Docking as a Class A misdemeanor.

What the heck is a Class A misdemeanor? According to NOLO, a class A misdemeanor in Delaware is the most serious type of misdemeanor in Delaware, punishable by up to one year in jail and a fine up to $2,300. Seems extreme and many public comments balked at the punishment. This would probably put farmers in the same category as the thief’s who steal the copper from their irrigation systems.

The bill was in the House Judiciary committee today. I attended and listened. Here’s my notes:

Representatives in attendance:

  • Rep. Mitchell, Chair, (D)
  • Rep. Potter (D)
  • Rep. Wilson (R), publicly opposed the bill, especially with steep punishment and questioned why we were focusing on this with only 6 session day left. He also asked who will police it and what if a farmer buys a cow from another state with the tail already docked? Thank you, Rep. Wilson!
  • Rep. Outten (R)
  • Rep. Spiegelman (R)
  • Rep. Paradee (D)
  • Rep. Bennett (D), primary sponsor of the bill, introduced the bill and stated that cow’s need their tails to swat insects/flies and to communicate with it’s herd.
  • for a full list of committee members, click here.

Public Attendance & Comment:

  • DE Votes for Animals (in support)
  • A private citizen and advocate for animal welfare (in support)
  • Kitty Holtz, DFB President
  • Pam Bakerian, DFB Executive Director, opposed this bill on behalf of the DE Farm Bureau and all dairy farmers. She felt the bill was proposed very quickly and left little time for the agricultural advocates to prepare. She asked for more than a 24 hour notice and allow dairy farmers to speak for themselves. She requested the bill be tabled.
  • Ed Kee, DE Secretary of Ag, respectfully opposed this bill on behalf of his agency including state veterinarians. He requested the chance to sit down and talk to all parties involved here and to look at the numbers (number of dairy farms in the state and how many actually perform this practice). He said the number is low. He also felt the punishment was severe.
  • Kim Gomes, Lobbyist, commented that she represents HSUS and brought the issue to Rep. Bennett. Seeing the discussion taking place today, she asked the sponsor to table the bill and welcomed the invitation to continue the conversation.

My thoughts? Even though my family does not perform tail docking on their dairy cattle, we oppose this bill. This is not the last you will see of this bill or many like it because animal welfare does not just pertain to small pet animals anymore. By attaching the punishable crime, it required this bill to go through the Judiciary Committee instead of the Agriculture Committee. Perhaps they hoped agricultural advocates wouldn’t catch wind? Highly unlikely with a farmer like Rep. Dave Wilson on the Judiciary Committee and an active Farm Bureau who showed up in committee to oppose. I also question the legwork done to propose this bill with only 6 working session days left, a ton of bills sitting on the ready list, and so many other issues important to Delawareans such as budget, tax, and transportation funding woes. I am 99.9% sure the Department of Ag would’ve been willing to sit down and talk to them about specifics on this issue BEFORE proposing a bill. If they wanted to get the ag industry’s attention or see how well Delaware agvocates are paying attention, I would say mission accomplished. I am worried, especially for the poultry industry as this bill could easily bring attention to the welfare of other large farm animals.

The bill was tabled, for now……..all representatives in attendance voted in favor of tabling it. The primary sponsor is not a member of the committee.

We need Delaware farmers and agvocates who are willing to drop everything and come to Legislative Hall to testify against these type of bills. If that’s not possible, even a phone call to your local legislator helps! Leave a message with the aide because they keep track for the elected official.

A Right to Farm & Ag Certainty

Most of Wednesday’s House Ag Committee meeting was devoted to housekeeping of harness racing regulations. But at the end, two preliminary-but very optimistic-ideas surfaced. Here are the highlights:

  • Rep. John Atkins, Chair, called the meeting to order at 12:05pm and immediately turned the floor over to Secretary Ed Kee. Representative’s in attendance were Peterman, Outten, Kenton, Wilson, Spiegelman, Q. Johnson. Other guests were lobbyists-Scott & Rebecca Kidner and Debbie Hamilton, Hettie Brown-HSUS State Director, Mark Davis-DDA, Austin Short-DDA.
  • The Secretary went straight into draft legislation related to harness racing such as jockey welfare, harness racing fines, and investigations related to illegal substances.
  • Related to Ag Lands Preservation, the Secretary said he is requesting $2 million for the program in the Governor’s budget, which will be presented this week on Jan. 24. See updated info on Ag Lands here.
  • The Secretary announced that DDA, the Nutrient Management Commission, DNREC, USDA, and the Conservation Districts are exploring the use of an “Ag Certainty” program related to those with a nutrient management plan.  Here is the draft review circulated in committee:
DE's Ag Certainty Program Review Draft circulated in House Committee meeting on Jan. 16, 2013

DE’s Ag Certainty Program Review Draft circulated in House Committee meeting on Jan. 16, 2013

It looks to be an incentive program for farmers to implement best management practices (BMP’s), which other states have adopted (Florida, Louisiana, and Michigan). I also found a blog post by Lara Moody, a promoter of nutrient stewardship in D.C., which cites the discussion of Ag Certainty related to the Chesapeake Bay back in Nov. 2011.

“The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state. No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices”.

Legislative counsel in DE may also suggest this be a Constitutional amendment, which could be a lengthy process because it must pass both chambers (House & Senate), not once, but two years in a row. As soon as I heard this, my mind went straight to Rich Barczewski’s “Pig Tales” column in the Jan.15th Delmarva Farmer. He mentions right-to-farm laws in his column titled “Agriculture Under Fire”. The article is impossible to find on the web so I’m posting it below. Awesome article.

Pig Tales, "Agriculture Under Fire", by Rich Barczewski, columnist for Jan. 15, 2013 Delmarva Farmer

Pig Tales, “Agriculture Under Fire”, by Rich Barczewski, columnist for Jan. 15, 2013 Delmarva Farmer

It’s your turn! Which do you think should be implemented to help Delaware farmers in 2013? Answer the poll below!