Jan Shepel
Associate Editor
MADISON
An animal cruelty bill being considered in the state Legislature must be modified so farm incidents don’t end up creating felons of livestock producers. That was the word from the state’s largest farm organization at a hearing in Madison last week.
With the Humane Society of the United States setting up a lobbying force in Madison, farmers are trying to make their point to lawmakers that livestock producers care for their animals and work closely with nutritionists, veterinarians and other professionals to keep them healthy.
But Wisconsin Farm Bureau is sounding the alarm over a bill that was considered at an Assembly hearing last week (Feb. 24). “As drafted, Assembly Bill 747 is problematic for livestock farmers,” said Paul Zimmerman, the group’s executive director of public affairs.
During a hearing of the bill before the Assembly Committee on Criminal Justice, Zimmerman testified that the bill needs to be changed so that if a farmer does not call a veterinarian after a cow falls down, he or she does not become a felon.
Zimmerman said Farm Bureau’s position on the bill is related to an unintended consequence that could catch farmers up in a measure that was intended to protect companion animals. “Much of the bill has the laudable goal of trying to prevent animal cruelty of companion animals or the threat to do so in the presence of children, and strengthening the penalties for doing so,” he said.
However, the bill amends the state’s definition of cruel to mean causing or failing to prevent unnecessary and excessive pain or suffering or unjustifiable injury or death. Zimmerman said that on face value, that may seem appropriate to some, but that the inclusion of the words “or failing to prevent” could be troublesome for owners of livestock.
The bill was sponsored in response to an actual case where the local district attorney wanted to prosecute, and found that state statutes prohibit cruelty, but require that the person cause unreasonable suffering. In the case in question, the person didn’t cause suffering but refused to treat it – a dog was hit by a car and veterinary treatment was not given to the dog. The measure was drafted to correct that perceived deficiency in state law and allow for the prosecution of situations like that one.
“On livestock farms, farmers care for their animals 24 hours a day, 365 days a year,” Zimmerman testified. “Yet, animals can still become injured due to no fault of the farmer.”
When needed, the farmer may call a veterinarian to care for injured animals, said Zimmerman. “At other times, a veterinarian may not be called because the farmer wishes to see if the animal will heal on its own. Sometimes livestock market prices make it not economically viable to treat certain injured animals. To further complicate this situation many injured animals are not viable for slaughter due to increased standards to insure a safe food supply. So farmers are in the position, do they see if the injured animal can recover on its own or do they put it to death,” he testified.
Livestock farmers truly care for their animals and work with veterinarians to keep their livestock healthy, Zimmerman said.
