Ellen Levine v. Edward T. Schafer

I. BACKGROUND

A. Statutory Background

In 1958, Congress passed the HMSA of 1958. See Pub. L. No. 85-765, 72 Stat. 862 (1958) (codified as amended at 7 U.S.C. §§ 1901-07). That legislation mandated (and continues to mandate) that “the slaughtering of livestock and the han- dling of livestock in connection with slaughter shall be carried out only by humane methods.” 7 U.S.C. § 1901. It also autho- rized and directed the Secretary to designate “humane” meth- ods of slaughter conforming “to the policy stated in this chapter” for “each species of livestock.” Id. at § 1904(b).

When enacted, section 1902 set forth “two methods of slaughtering and handling” as humane:

(a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or

(b) by slaughtering in accordance with the ritual requirements of the Jewish faith or any other reli- gious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused…