AGRICULTURE

DIVISION OF ANIMAL HEALTH

Humane Treatment of Domestic Livestock

Readoption with Amendments: N.J.A.C. 2:8

Adopted New Rule: N.J.A.C. 2:8-1.3

Proposed: January 3, 2011 at 43 N.J.R. 3(a).

Adopted: December 14, 2011 by the State Board of Agriculture and Douglas H. Fisher, Secretary, Department of Agriculture.

Filed: December 30, 2011 as R.2012 d.026, with technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).

Authority: N.J.S.A. 4:22-16.1.

Effective Dates: December 30, 2011, Readoption;

February 6, 2012, Amendments and New Rule.

Expiration Date: December 30, 2018.

Summary of Public Comments and Agency Responses:

The Department received timely comments from four identified members of the public during the comment period concerning the proposed readoption with amendments of N.J.A.C. 2:8. The commenters are listed below. The following is a summary of the comments received and the Department’s responses. Each commenter is identified at the end of the comment by a number, which corresponds to the following list:

  1. Sharron Novak
  2. Roberta Shields
  3. Rich Nieuwenhuis, President, NJ Farm Bureau
  4. Jean Public email identity (signed Barbara Sachau on one email communication)

Comments shown in quotation marks are the verbatim statements as received by the Department; comments not shown in quotation marks have either been summarized or condensed for the purpose of clarity. Where more than one commenter raised the same issue, the issue is summarized as one comment. Comments included mailed and printed email communications.

General Comments

COMMENT: One commenter found the proposed regulations to be short-sighted, weak, and deficient, driven by greed, and favor farmers and commercial interests over the interests of animals. (1)

RESPONSE: The rules, both as initially developed and as amended, have been designed to implement the legislative directive that domestic livestock be treated humanely. The rules incorporate science-based practices that fundamentally take into consideration the health and welfare of the animal. They identify baseline standards for care of all domestic livestock throughout the State. The rules recognize responsible farming practices that yield healthy flocks and herds that will benefit both the animals and their owners. The rules recognize that farming operations require herd and flock management practices that protect animals while ensuring they are suitable for their intended uses. The rules identify some specific practices that have been found to meet science-based standards for humane treatment. When owners and operators follow these, they will not be subject to charges of cruelty to animals as they will have the benefit of the presumption of N.J.S.A. 4:22-16.1. The rules recognize that the many other husbandry practices that are not specifically identified in the rules may be humane but will not have the benefit of the presumption; however, there is a burden of proving violation of the animal cruelty law. This burden rests with law enforcement.

COMMENT: The commenter maintains that the rules do little to ease or eliminate pain; and that rather than limit procedures, the procedures should be disallowed. (1)

RESPONSE: The Department, in its initial adoption and soon thereafter, extensively addressed issues related to specific procedures and the rationale for those procedures. (See 35 N.J.R. 1873(a), 36 N.J.R. 2637(a); 36 N.J.R. 2586(a), 37 N.J.R. 2465(b); and 38 N.J.R. 1491(a), 4991(a)) In accord with the Supreme Court’s direction to identify practices with specificity, the Department has detailed standards for various husbandry practices that may be employed. Those practices have been reviewed to ensure that they are humane as to pain and discomfort for the animal and that they are consistent with sound husbandry practices as developed by the scientific community. They are necessary for health of the herd and flock, as well as the health of individual animals. As noted above, the standards are baseline standards and farmers may exceed the standards if they wish.

COMMENT: The commenter asserts that the Department staff developing rules lack integrity and morals and care only about their salary and benefits. (1)

RESPONSE: The Department does not agree with and objects to the commenter’s characterization of the professionals at the Department of Agriculture. The rules reflect considerable research and reliance on scientific principles to ensure the Legislature’s and Supreme Court’s directives have been implemented and that agriculture in New Jersey maintains its standards in the most ethical manner possible.

COMMENT: The commenter contends the rules permit brutal beatings, stomping, and clubbing of animals, skinning live animals, and other horrific practices. (1)

RESPONSE: The Department does not agree with this characterization and does not find a place where the rules permit those practices. Anyone engaging in conduct such as clubbing or skinning live animals, would be subject to sanctions under civil and criminal animal cruelty laws.

COMMENT: One commenter asserts that the Department has not considered the environmental and human costs associated with agricultural practices; people who abuse animals progress to crimes against other humans. (1)

RESPONSE: The Department’s rules focus on the humane raising, care, and keeping of animals. The Department is aware of studies linking abusive behavior toward animals with increase in violence toward humans, but notes that the specific husbandry practices permitted by the rules have been found to be based in science, are humane, and do not constitute abuse.

COMMENT: The commenter states that the rules have taken too long to be updated. (1)

RESPONSE: The rules were initially adopted in 2004, amended in 2005, and amended again in 2006 to incorporate new science into the standards. The Department responded to the challenges to its rules in the Appellate Division of the Superior Court, where the rules were upheld, and in the Supreme Court, which issued its decision upholding the rules, with some exceptions, in July 2008. As the Department reviewed its rules to address the Supreme Court’s direction, under N.J.S.A. 52:14B-4.1a.(d), the Department sought and received an extension of time from Governor Jon Corzine. As evident from the amendments, the Department has extensively reviewed curricula, texts, and journals to identify practices that may be performed in this State consistent with the statutes and court decisions. Although the process was long, it was necessary given the scope of the project.

COMMENT: One commenter believes the humane treatment of animals is a moral obligation, that permitted practices are inhumane, and that the public, if aware of the practices, would object. (2)

RESPONSE: The Department recognizes the importance of humane treatment of animals and the benefits that result to animals and humans. The Department disagrees that the practices in the rules are inhumane. They are science-based standards that consider the welfare of the individual animal and the flock or herd. The organizations and institutions on whose research the rules are based are well known and well respected. The process of promulgating the rules (publication, comments, responses) and the challenge to the Department’s rulemaking that resulted in the New Jersey Supreme Court’s decision substantially upholding the rules, placed the Department’s rules before the public. The Department understands that there are many different views and some individuals and groups object to the use of animals for food, fur, and other products and they can be dissatisfied with farming practices. When such uses of animals are lawful, responsible, and take account of environmental and safety considerations, they benefit the public welfare. The Department’s rules employ a scientific approach to the standards to ensure that animals covered by these rules are treated humanely.

COMMENT: The commenter believes the public is unaware of the practices and the rules are fragmented, complex, and vague, and will be difficult to monitor and enforce. (2)

RESPONSE: The Department disagrees with the commenter’s opinion that the rules are fragmented, complex, and vague and difficult to enforce. The rules are clearly structured, starting with definitions and general provisions, rules pertaining to individual animals, such as cattle, horses, poultry, rabbits, small ruminants, and swine, and rules for investigation and enforcement for failing to meet these requirements. As required by the Supreme Court, the Department has identified specific humane standards that provide scientific sources for evaluation of techniques for necessary livestock management practices that are humane and has provided details regarding performance of those husbandry practices. The Department has resources available to assist farmers and law enforcement in understanding the rules. Rather than being difficult to monitor and enforce, the amended rules provide clear guidance to interested parties. Upon inspection by the county society for the prevention of cruelty to animals (SPCA), New Jersey SPCA, and other State and local authorities and with consultation with the State Veterinarian, violations are expected to be corrected according to compliance standards. The amended rules are intended and expected to facilitate enforcement and compliance.

COMMENT: One commenter supports the science-based criteria used in developing the regulations and believes the readopted and proposed rules meet humane standards. (3)

RESPONSE: The Department agrees and thanks the commenter for its support.

COMMENT: One commenter notes that the documents listed in the proposed amendments, including reference books, texts, manuals, guidelines, and University publications, provide clearer guidance for enforcing humane standards in a uniform fashion. (3)

RESPONSE: The Department agrees and thanks the commenter for its support.

COMMENT: One commenter found that the rules give clearer guidance on common husbandry practices for proper livestock management, but believes it is critical that investigations regarding practices that are not listed are evaluated by knowledgeable and trained personnel on a case-by-case basis.(3)

RESPONSE: The Department has identified common practices as humane in its rules. Because there are thousands of practices employed on farms throughout the State, practices that vary based on species, age, stage of productivity, breed, sex, physiological state, and use, listing all would be impractical as the rules would be encyclopedic. Rather, the Department, at N.J.A.C. 2:8-1.1(b)2, has listed source documents, institutions, and organizations that may be referenced to determine whether unlisted practices as identified in those sources may be found to be humane. Additionally, the use of certified livestock inspectors (CLIs) and the Department’s specialized livestock veterinarians in conjunction with the requirements for reporting (if followed) provide for expert review of all cases.

COMMENT: The commenter objects to genetic manipulation and all cloning as animal abuse. (4)

RESPONSE: The Department’s rules do not address genetic manipulation or cloning.

COMMENT: One commenter submitted a link to various videos on the website of Animal Aid, an animal rights organization in the United Kingdom. The website indicates the group investigates and exposes animal cruelty through undercover investigations and brings issues to the public’s attention. The link, http://animalaid.org.uk/h/n/VIDEO/HOME/ALL/557// has several videos related to poultry, cattle, horses, and swine, as well as other animals. (4)

RESPONSE: The Department notes that the videos posted on the Animal Aid website were apparently taken in the United Kingdom, not in the State of New Jersey. The Department’s rules for domestic livestock are designed to prevent acts of animal cruelty; owners and operators of farms in this State are required to abide by the laws and rules, and failure to do so removes the presumption that the practices do not violate animal cruelty laws.

COMMENT: One commenter referenced an article appearing in the New York Times regarding bribes paid by Tyson Chicken plant operators to Mexican government officials; she believes bribes that permit animals to be treated inhumanely is wrong. (4)

RESPONSE: The Department notes that the conduct referenced in the article took place in Mexico. The Department agrees that such conduct is wrong, and indeed, in this State could result in a criminal prosecution. The Department’s rules are specific as to the care and treatment of poultry and other domestic livestock to ensure their care is humane.

COMMENT: One commenter believes no extended physical restraint should be allowed at any time. (4)

RESPONSE: Rules regarding restraint of animals are based on the animal and the environment in which the animal is maintained. The rules have set forth guidelines for restraint based on factors such as species, age, health, sex, and environment. When restraining animals consistent with the techniques set forth in the Department’s rules, the practice is humane.

COMMENT: A commenter notes that documents from other states and jurisdictions should not be used in New Jersey regulations. The Department should list every aspect/detail contained in those documents; every rule must be posted on the website; that public comment must be made on each standard before it is accepted. (4)

RESPONSE: The Department, in accord with the Supreme Court’s direction, has reviewed curricula, texts, books, manuals, reports, extension bulletins, studies, and other information generated in this State and out-of-State. It has selected the sources that provide for humane treatment of livestock and that give the regulated community guidance in implementing those procedures. Where the material is on-line, a web address is given. Other material is available at the Department of Agriculture. Having identified publications, the public can access the material and review the procedures. With publication of the notice of proposal, interested parties were given an opportunity to respond. The Department has listed common practices employed on farms in New Jersey. The Department has identified those sources that should be consulted in assessing practices that are not specifically listed. This is referenced at N.J.S.A. 4:22-16.1(b)2. Additionally, copyright protections would prevent the Department from publishing many of the sources listed. Where multiple methods are available (that is, equine BCS and Carrol-Huntington Method) the method determined to be most accessible to the public while providing the appropriate methodology was selected.

COMMENT: Another commenter noted that the new proposal seeks to clarify what are known as husbandry practices through adoption by reference of handbooks, manuals, guidelines, and other published materials from both universities and appropriate associations. The commenter supports the adoption by reference of those materials. (3)

RESPONSE: The Department thanks the commenter.

COMMENT: The commenter objects to the Department’s use of United Egg Producers (UEP) as a source of science-based standards for the care of egg producing poultry. (4)

RESPONSE: The Department refers to the UEP Animal Husbandry Guidelines with regard to the care, feeding, watering, keeping, marketing, and sale of poultry. The UEP guidelines that specifically reference catching and transport of laying hens were adopted to ensure the humane welfare of poultry.

COMMENT: The commenter thinks definition of humane treatment is a very stupid way to explain humane treatment. (4)

RESPONSE: The Department thanks the commenter for the comment but the definition as stated, “‘humane treatment’ means raising, keeping, care, treatment, marketing and sale of domestic livestock are further defined in detail by specific standards by subject matter.” N.J.A.C. 2:8-2, for cattle, 2:8-3, for horses, 2:8-4 for poultry, 2:8-5 for rabbits, 2:8-6 for small ruminants, and 2:8-7 for swine.

COMMENT: The warrant to inspect an inhumane farm or owner shall be promptly given by the judges of the court so that the farm doesn’t have a chance to clean up. Investigations should move swiftly, within 24 hours of receiving a complaint. (4)

RESPONSE: The Department agrees with the commenter that prompt action by enforcement authorities and the courts will aid in ensuring that allegations of animal abuse are addressed. The Department itself does not have statutory authority to bring actions for violations of the animal cruelty statute, but does stand ready to assist law enforcement authorities in guidance and enforcement of the humane standards rules.

COMMENT: The commenter submitted an article (source not identified) about a dairy farm in England; she argues that it is inhumane for cattle to be forced to live in overcrowded conditions without exposure to sunlight. (4)

RESPONSE: The Department appreciates the commenter’s pro-active approach, however, the rules regarding humane treatment standards require that owners provide cattle relief from the elements commensurate with age, breed, health, use, and environment. The rules also require daily access to sufficient and nutritious feed for the animal to maintain adequate body condition, and that they require environments that support cattle health. The Department believes these rules meet the commenter’s concerns.

COMMENT: The commenter submitted an article that references a case in Texas of alleged animal abuse at an egg production facility. She does not want such practices to be allowed in New Jersey. (4)

RESPONSE: The conditions represented in the article and video show untreated uterine prolapse, untreated leg injuries, untreated broken legs, and decaying chickens in cages with live chickens. These conditions would violate the humane standards. The humane standards require animal owners/caretakers to provide adequate and appropriate medical treatment for animals under their care. Any dead animals must be removed from contact with live animals within 24 hours. The conditions represented in the video would subject the operator to prosecution for acts of animal cruelty.

COMMENT: The commenter references a posting on www.Care2.com about the conditions of raising ducks for the purpose of making foie gras. She states that this is not humane. (4)

RESPONSE: The rules establish minimum humane standards for the raising, keeping, care, treatment, marketing, and sale of poultry, including ducks. All determinations as to whether the standards for poultry have been met shall take into account the age, breed, type, physiological condition, size, production, and stage of development necessary for all poultry.

COMMENT: The commenter references links to websites that address slaughter of poultry; she states this constitutes inhumane treatment of chickens. (4)

RESPONSE: The New Jersey Meat and Poultry Inspection Act, effective July 1, 1968, provides inspection for meat and poultry. However, due to lack of appropriations to support the program since 1975, the State of New Jersey relies on Federal inspection services provided under the Federal Meat Inspection Act. The comments about slaughterhouses are beyond the scope of this rulemaking and are best addressed to the United States Department of Agriculture.

COMMENT: The commenter references a link that the Department was unable to open; she asserts that it is not humane to kill chickens in the manner shown in the link. (4)

RESPONSE: As the Department was unable to open the link referenced, it is not able to comment on the link. As noted above, slaughter of poultry is governed by Federal regulations. To the extent that there is a need to euthanize birds on the farm, the AVMA Guidelines on Euthanasia will apply.

Subchapter 1. General Provisions

N.J.A.C. 2:8-1.1 Purpose

COMMENT: The commenter opposes use of standards developed by the Federation of Animal Science Societies (FASS) stating that they are highly questionable and untrustworthy. FASS should identify financial backgrounds of people making the standards and the public should be allowed to know where their tax dollars are going. (4)

RESPONSE: The Department disagrees with the opinion of the commenter. FASS was formed in 1998. Its mission statement reads: “FASS strengthens the common interest and collective good of member societies through a unified science-based voice that supports animal agriculture, animal products, and food systems globally through effective and efficient management services.” The scientific societies that comprise the organization are dedicated to addressing issues related to animal care, use and standards; environment, waste management, and ecosystems; food safety, animal drugs, and animal health; and biotechnology. The science-based reports developed by FASS are nationally recognized and accepted, and the Department is satisfied that the practices espoused in those reports are humane. The member organizations and the work of the group are available on its website www.FASS.org.

COMMENT: The commenter asserts the quality of attending FASS veterinarians is dismal. She believes there should be audits, inspections and records kept on veterinarians. (4)

RESPONSE: The commenter has offered no information to support her claim that the veterinarians have maintained poor quality of professional standards in their practice. The Department has reviewed the scientific work produced by FASS and accepts it as sound. Use of FASS standards in specifying practices that are humane is appropriate.

COMMENT: The commenter opposes group health records in research labs. (4)

RESPONSE: The comment is not relevant to this rulemaking as these rules do not address records in research labs.

COMMENT: No animal should have two surgeries and all animals need anesthesia and sterile instruments when surgeries take place. (4)

RESPONSE: Medical treatment, including surgical procedures, must be rendered consistent with sound veterinary and humane treatment standards. While certain procedures are performed by veterinarians, owners are permitted to render treatment consistent with State and Federal law. If such treatment is necessary to ensure the welfare of the animals, it would be appropriate. Further, the rules have identified certain procedures where anesthesia is appropriate but there are instances where anesthesia is contra-indicated. The requirement that a knowledgeable individual perform procedures consistent with the rules, including sanitary techniques, is designed to ensure humane treatment of domestic livestock. The Department does not understand the comment that no animal should have two surgeries. The Department believes that the commenter may be making reference to the number of surgeries performed in research and teaching animals. Research animals are regulated by the Institutional Animal Care and Use Committee (IACUC), a self-regulating entity that, according to Federal law, must be established by institutions that use laboratory animals for research. Detailed explanation of animal husbandry and care is listed in the “Guide for the Care and Use of Agricultural Animals in Research and Teaching (FASS Ag Guide).” The publication is available on the website www.FASS.org and can be downloaded free of charge. The Department’s rules do not apply to animals used in research. (4)

COMMENT: The commenter objects to reference to Rutgers Cooperative Extension stating that the research and work done at that institution is motivated by profit and animals are reduced to the equivalent of factory widgets. (4)

RESPONSE: The Department disagrees with the commenter’s opinion. Rutgers University and the New Jersey Agricultural Experiment Station are nationally recognized institutions whose faculty are experts in their respective fields. The programs teach proper and humane methods of routine husbandry practices. The Legislature itself referenced P.L. 1995, c. 311, N.J.S.A. 4:22-16.1 recognized the University’s expertise when it directed the Department to work with Rutgers in developing these rules.

N.J.A.C. 2:8-1.2 Definitions

COMMENT: As animal waste rules have been adopted, the Department of Environmental Protection rules on Concentrated Animal Feeding Operations should be referenced. (3)

RESPONSE: The Department notes that the rules define “animal waste” and provide in that definition the cites of the Department’s Animal Waste Management rules (N.J.A.C. 2:91) and the Department of Environmental Protection rules regulating Concentrated Animal Feeding Operations (N.J.A.C. 7:14A-2.13).

N.J.A.C. 2:8-1.3

COMMENT: Permanent identification and performance methods listed are the most common and appropriate to call attention to it in the rules. (3)

RESPONSE: The Department thanks the commenter and has identified these methods as permissible after assessing the techniques used in light of animal welfare concerns. When performed as permitted by the rules, the practices are humane.

COMMENT: One commenter notified the Department that the notice of proposal contained links that would not open. (4)

RESPONSE: The Department apologizes and thanks the commenter for notifying the Department that there were links in the notice of proposal that did not access the websites as intended. The Department immediately posted on the Department’s website that the correct link for the American Veterinary Medical Association Guidelines on Euthanasia is: www.avma.org/issues/animal_welfare/euthanasia.pdf. The Department notes that all but one reference to this website was published correctly in the notice of proposal. Therefore, the Department has corrected this website at N.J.A.C. 2:8-1.1(b)2iii upon adoption.

Subchapter 2. Standards for Cattle

N.J.A.C. 2:8-2.4 Keeping

COMMENT: The commenter states that if there is no relief from the sun in 90 degree heat, a shed must be constructed for cattle. (4)

RESPONSE: The rules require that cattle must be provided relief from the elements, including excessive precipitation and excessive temperatures. Natural environments may include trees for shade. The rules provide appropriate baseline standards to ensure an appropriate environment.

COMMENT: The commenter seeks a rule that would prohibit the sale or raising of heifers born to cows in New Jersey as veal calves. (4)

RESPONSE: The rules specify the conditions required should such a farm open. The Department has found the rules, initially adopted in 2005, provide for humane care of veal calves. There is no reason to proscribe the raising or sale of veal calves in this State.

N.J.A.C 2:8-2.5 Marketing and Sale

COMMENT: The commenter objects to the Department’s use of the “Livestock Management Practices that Reduce Injuries to Livestock During Transport” by Temple Grandin, PhD. (4)

RESPONSE: The Department selected Dr. Grandin’s standards, as they provide for humane treatment of livestock during transport. Dr. Grandin is internationally recognized as an expert in the field and has developed transport recommendations taking into account the welfare and safety of animals in transport.

N.J.A.C. 2:8-2.6 Care and Treatment

COMMENT: The commenter opposes dehorning, tail docking, harmful branding, castrating without medication, or removing extra teats unless done by a veterinarian who makes sure there is no pain to the animal. (4)

RESPONSE: The Department has identified common husbandry practices and the manner in which these procedures can be performed in a humane manner by reference to texts, manuals, extension bulletins, and reports. While some procedures will be performed by veterinarians, others may lawfully be performed by a knowledgeable individual as defined in the rules (for example, removal of supernumerary teats). Note that the rules have been amended to permit tail docking only upon determination by a veterinarian.

Subchapter 3. Standards for Horses

N.J.A.C. 2:8-3.1 General Provisions

COMMENT: No animal should be on a truck for more than eight hours without food or water. (4)

RESPONSE: Rules regarding transport reflect sound scientific principles to ensure that animals are safe during transport. The rules incorporate state of the science animal transport practices.

N.J.A.C. 2:8-3.5 Marketing and Sale

COMMENT: Horses should be transported without pain as if going to a new buyer and not a slaughterhouse. (4)

RESPONSE: The rules governing transportation of horses requires that all horses are transported in accordance with 9 CFR 88. 9 CFR 88 provides for the safe transport of horses, regardless of point of destination. The rules provide that transport is with minimal delay, adequate ventilation and during transport, the well-being of the horses is in the care of the driver. Livestock Trucking Guide is on file in the Director’s Office, Division of Animal Health.

N.J.A.C. 2.8-3.6 Care and Treatment

COMMENT: One commenter pointed to euthanasia and believes American Veterinary Medical Association (AVMA) euthanasia standards are inhumane, should not be allowed because they hurt and abuse animal, and euthanasia should only be performed by a veterinarian. (4)

RESPONSE: The mission of the AVMA is to improve animal and human health and advance the veterinary medical profession. The AVMA has extensively researched euthanasia methods that are humane. They utilize documented scientific evidence as well as the knowledge of experts to compile the Report on Euthanasia. The AVMA report is used nationwide. The Department agrees that the methods used should be in accordance with the AVMA report on euthanasia and has adopted that report. The report can be found at www.avma.org/issues/animal_welfare/euthanasia.pdf. The Department believes that reference to the 2007 AVMA guidelines in its notice of proposal has provided adequate public notice as to the practices permitted under the rules. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.

Subchapter 4. Standards for Poultry

N.J.A.C. 2:8-4.2 Feeding

COMMENT: The commenter believes the rules do not provide sufficient protection for birds; she maintains no day-old poultry should be transported and that three days are necessary to transport poultry. (4)

RESPONSE: The Department’s rules governing the transport of poultry reflect sound scientific principles to ensure safe and humane transportation of birds with minimal delay, with proper ventilation and protected from the elements in order to minimize illness or mortality. The Department has adopted the Federal postal guidelines for mailing poultry.

N.J.A.C. 2:8-4.3 Watering

COMMENT: The commenter states that birds should not go 72 hours without water and that water should be provided every eight hours. (4)

RESPONSE: The 72-hour time frame which commences upon hatching takes into account the availability of the egg sac to a newly hatched chick for sustenance.

N.J.A.C. 2:8-4.5 Marketing and Sale

COMMENT: The commenter states that birds should not be kept in crates for more than two hours after being delivered to the site.

RESPONSE: The rule provides that in the market and sale setting, once delivered to their destination, the time birds may be kept in transport crates is limited based on the health of the birds and birds may not be kept in transport crates longer than 18 hours.

COMMENT: Any neglect or mishandling of birds shall be punished by a year in jail. (4)

RESPONSE: The Legislature has set both civil and criminal penalties for acts of animal cruelty. Where offenses are proven, courts will impose statutory penalties. The Department, by these rules, has identified practices that enjoy the benefit of the presumption that the practices do not violate animal cruelty laws, but does not have jurisdiction to hear allegations of violations of animal cruelty laws.

COMMENT: The commenter objects to beak trimming as cruel. (1 and 4)

RESPONSE: Beak trimming is necessary and performed under certain animal husbandry practices where the tip of the beak is shortened in order to reduce pecking, feather pulling, and cannibalism in the flock. The Department disagrees that this is cruel, as the procedure is based on scientific data, which shows that the procedure reduces harm from attacks in the flock; it does not result in the inability of a bird to eat or drink. When done as required by the ruled, the practice is humane. Beak trimming is performed by a knowledgeable individual who is familiar with the particular practice and who is educated at an academic institution.

N.J.A.C. 2:8-4.6 Care and Treatment

COMMENT: The standards for euthanasia should be put on a website for the public to comment. (4)

RESPONSE: Please see the response to the comment about N.J.A.C. 2:8-3.6 above.

N.J.A.C. 2:8-4.7 Handling of Poultry

COMMENT: The commenter asserts that poultry housing practices result in overcrowded cages, not giving birds sufficient light or space, and causing cannibalistic behavior. She states that beak trimming and toe trimming are mutilating practices that cause pain to sentient creatures. (1)

RESPONSE: The rules require that poultry be housed in facilities that support bird health, including rules for adequate space, ventilation, and relief from the elements. Cages for birds must be large enough for the bird to stand upright in the cage without having its head protrude through the top of the cage, lie down, get up, walk, spread its wings, move its head freely, turn around, and rest. The minimum standards for housing poultry are expected to help maintain an environment that support individual bird and flock health. Toe trimming is a practice employed to prevent injury to other birds in the flock and appropriate flock management may include these practices. In the adopted amendments, the Department has set out the manner and time in which these procedures may be performed.

COMMENT: Specific euthanasia techniques are inhuman and should be prohibited. (4)

RESPONSE: The commenter objects to several forms of euthanasia permitted by AVMA guidelines, yet each is designed to effectuate a humane, final disposition. The AVMA has worked with veterinarians and other scientists to formulate humane standards for euthanasia, which the Department finds appropriate for use in New Jersey.

Subchapter 7. Standards for Swine

N.J.A.C. 2:8-7.6 Care and Treatment

COMMENT: Standards for pigs should be raised. De-tusking, removing needle teeth, castration, ear noting, and tail docking should be prohibited on pigs in New Jersey. (4)

RESPONSE: The Department has identified common husbandry practices and the manner to perform them consistent with humane treatment standards in which procedures can be performed by reference to texts, manuals, extension bulletins, and reports. When performed in accordance with the rules, the practices are humane. These procedures are necessary under certain management conditions to ensure the health of the herd and individual animals.

Subchapter 8. Investigation and Enforcement of Alleged Violations of Humane Standards

N.J.A.C. 2:8-8.1 General

COMMENT: One commenter found that investigation and enforcement are critical to ensuring industry protection. (3)

RESPONSE: The Department agrees that the rules, in particular those related to biosecurity and reporting requirements to the Department, are essential to ensure that animals and humans are protected from disease. The use of Certified Livestock Inspectors and the Department’s veterinary staff assure that livestock will be treated in accordance with the humane treatment of domestic livestock. The Department’s rules further reflect the Legislature’s recognition of two types of violations “severe” and “minor.” The time frames for reporting violations (24 hours for severe and two business days for all others) recognized the need for review of circumstances and presenting signs of affected animals, so the Department can evaluate for the presence of disease. The receipt of investigative reports from different areas indicating similar signs of disease or illness will enable the Department to address potential health issues in a more rapid fashion.

Summary of Agency-Initiated Change

At N.J.A.C. 2:8-4.7(e), the Department has updated the website for the 2008 edition of the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks.

Federal Standards Statement

The United States Department of Agriculture (USDA) has enforced the Animal Welfare Act, 7 U.S.C. § 2131, to protect certain animals from inhumane treatment and neglect. The USDA's Animal and Plant Health Inspection Service (APHIS) administers the Animal Welfare Act, its standards and its regulations. This Act requires that standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially or exhibited to the public. Individuals who operate facilities in these categories must provide their animals with adequate care and treatment in the areas of housing, handling, sanitation, nutrition, water, veterinary care and protection from extreme weather and temperatures. The Animal Welfare Act regulates the care and treatment of warm-blooded animals, except domestic livestock used for food, fiber or other agricultural purposes. (7 U.S.C. § 2132(g)) This void in standards is addressed in N.J.A.C. 2:8, which establishes humane standards for domestic livestock.

While there are no Federal standards that encompass all aspects of humane raising, keeping, care, treatment, marketing, and sale of domestic livestock, there are a number of Federal standards that are applicable to individual components. However, the rules readopted with amendments and a new rule do not exceed any applicable Federal standards and, therefore, a Federal standards analysis is not required.

The following Federal standards or requirements are applicable to the rules readopted with amendments:

9 CFR 3.63(a), sets forth the food and water requirements for transportation of rabbits.

49 U.S.C. § 80502 sets forth the standards that must be met for feeding and watering livestock confined in a vehicle or vessel.

9 CFR 88 sets forth the standards that must be met for commercial transportation of equines to slaughter.

9 CFR 161 sets forth the criteria for accreditation of veterinarians in each state.

9 CFR 301.2 defines non-ambulatory disabled livestock and other animals unable to move.

9 CFR 313 et seq. sets forth the standards for slaughter of domestic livestock.

21 CFR 189 and 700 sets forth standards for use of Materials Derived From Cattle in Human Food and Cosmetics.

9 CFR 313.1(c) et seq. sets forth the standards for pens in which dying, diseased or disabled livestock are kept.

9 CFR 313.2 et seq. sets forth the standards that must be met for livestock and poultry held for marketing or slaughter.

39 CFR 111.5 (US Postal Service Domestic Mail Manual, § C022 Perishables; Subsection 3.1, Day-old poultry; Subsection 3.3, Adult fowl; and Subsection 3.4, Adult chickens) sets forth the standards that must be met for feeding day-old poultry in accordance with the United States Postal Regulations.

Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 2:8.

Full text of the adopted amendments and new rule follows (original proposed additions indicated in boldface thus; deletions indicated in brackets [thus]); additions to proposal indicated in boldface with asterisks *thus*; deletions from proposal indicated in brackets with asterisks *[thus]*):

SUBCHAPTER 1. GENERAL PROVISIONS

2:8-1.1 Purpose

(a) (No change.)

(b) It shall be presumed that the raising, keeping, care, treatment, marketing and sale of domestic livestock for purposes that include, but are not limited to, their use for food, fiber or service, in accordance with these standards, does not constitute cruelty to or inhumane care and treatment of domestic livestock in violation of N.J.S.A. 4:22-15 et seq.

1. The specific husbandry practices identified in and performed in accordance with this chapter, have been determined by the Department to meet the standards of humane treatment of domestic livestock and qualify for the presumption.

2. For husbandry practices not specifically identified in this chapter *that* do not qualify for the presumption but may be found to be humane, based upon techniques for necessary livestock management and producers included in the following science-based sources or other sources, which may be shown to incorporate similar science-based standards:

i. The Handbook of Livestock Management, Battaglia, fourth edition, 2007. A copy of this document is on file in the Director’s Office, Division of Animal Health, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625;

ii. The Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies (FASS) third edition (2010), www.fass.org/docs/agguide3rd/Ag_Guide­_3rd_ed.pdf;

iii. American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at *[http://www.avma.org/issues/animal­welfare/euthanasia.pdf]* *http://www.avma.org/issues/animal_welfare/euthanasia.pdf*;

iv. The American Association of Equine Practitioners (AAEP) equine welfare, available at http://www.aaep.org/equine_welfare.htm;

v. The Rutgers School of Environmental and Biological Sciences, New Brunswick, New Jersey, available at http://sebs.rutgers.edu/; and

vi. The New Jersey Agricultural Experiment Station, available at http://njaes.rutgers.edu/pubs/category.asp?cat=2.

(c) Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

1. (No change.)

2:8-1.2 Definitions

(a) The following words and terms, as used in this chapter, shall have the following meanings. Words of art undefined in the following paragraphs shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.

...

"Animal waste" means livestock manure, unconsumed feed and associated bedding materials and animal carcasses from normal mortalities of livestock on a farm as defined and regulated in N.J.A.C. 2:91 and 7:14A-2.13.

...

“Describe” (as to documents incorporated by reference) means explain precisely and in detail the way a given procedure is to be performed.

...

“Humane treatment” means raising, keeping, care, treatment, marketing and sale of domestic livestock in accordance with this chapter.

...

“Knowledgeable individual" means someone familiar with a particular practice, identified in this chapter, by having been taught at a course listed by an academic institution referenced in this chapter; having learned the technique through veterinary or agricultural extension agent demonstration; or having learned practices through others on a site, such as a family farm.

...

["Manure management" means the collection, removal, storage and disposition of manure compatible with the land and cropping system where the manure is to be applied. Manure may be stored for several weeks to over six months, depending on the production system (laying hens, dairy). Manure management systems include but are not limited to solid storage (composting, stacking pads, bedded manure packs, etc.) or liquid storage (slurry, lagoon, etc.).]

...

“Recommend” (as to documents incorporated by reference) means identify certain procedures and the general parameters in which they can be performed (age of animal, use of medication, etc.).

...

[" Restricted exercise" means regulating exercise to provide for certain stages of production, training, development or individual health concerns.
"Restricted feeding" means regulating feed intake to prevent the deleterious overfeeding at different stages of production and development.
"Restricted watering" means regulating water intake to prevent the deleterious effects of over watering at different stages of production and development.
"Routine husbandry practices" means those techniques commonly taught by veterinary schools, land grant colleges, and agricultural extension agents for the benefit of animals, the livestock industry, animal handlers and the public health and which are employed to raise, keep, care, treat, market and transport livestock, including, but not limited to, techniques involved with physical restraint; animal handling; animal identification; animal training; manure management; restricted feeding; restricted watering; restricted exercising; animal housing techniques; reproductive techniques; implantation; vaccination; and use of fencing materials, as long as all other State and Federal laws governing these practices are followed.]

...

2:8-1.3 General provisions

(a) The permanent identification of individual animals may be performed by a knowledgeable individual by wing-banding, leg-banding, ear-notching, ear tattooing, electronic transponders and branding as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in Handbook of Livestock Management, Battaglia, fourth edition, 2007, which are adopted and incorporated by reference. Identification of animals by group, cage or pen may be permitted.

(b) Animal waste management shall be performed pursuant to the NJDA’s animal waste management rules, N.J.A.C. 2:91 or the New Jersey Department of Environmental Protection’s Concentrated Animal Feeding Operation rule, N.J.A.C. 7:14A-2.13.

(c) Fencing materials should be selected to contain an area while minimizing potential injury based on the number, age and temperament of the animals on the premises and the amount of land fenced.

(d) Restraint of livestock and poultry may be performed by a knowledgeable individual as taught at Rutgers School of Environmental and Biological Science in Livestock Production and Management; at Centenary College; at Purdue University School of Veterinary Medicine in Behavior, Husbandry and Diagnostic Techniques; and as described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, which restraints as taught and which Handbook are adopted and incorporated by reference.

(e) Castration may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, which recommendations and descriptions are adopted and incorporated by reference.

(f) Disbudding and dehorning may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, which recommendations and descriptions are adopted and incorporated by reference.

SUBCHAPTER 2. STANDARDS FOR CATTLE

2:8-2.2 Feeding

(a) (No change.)

(b) Each animal must have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition, as determined according to the criteria set forth in (b)1 and 2 below.

1. (No change.)

2. The NJDA adopts and incorporates by reference the following BCS methods:

i. – ii (No change.)

iii. For beef cattle, (hereinafter referred to as BCS-Beef) using the scoring method set forth in Westendorf M.L. and R.C. Mickel, Beef Cow Condition Scoring (1994), Rutgers Cooperative Extension, New Jersey Agricultural Experiment Station, Rutgers, The State University of New Jersey, New Brunswick, New Jersey. Copies of this document may be procured [by contacting the Publications Distribution Center, Cook College, Rutgers, The State University of New Jersey, 16 Ag Extension Way, New Brunswick, NJ 08901- 8551. Phone: 732-932-9762; Internet: www.rce.rutgers.edu.] at http://njaes.rutgers.edu/pubs/publication.asp?pid=FS764.

iv. (No change.)

3. – 6. (No change.)

2:8-2.5 Marketing and sale

(a) – (h) (No change.)

(i) The NJDA adopts and incorporates by reference the loading and truck space requirements outlined in the Livestock Trucking Guide by Temple Grandin for the National Institute for Animal Agriculture (revised September 2001) [as amended and supplemented], available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; and adopts and incorporates by reference the Recommended Animal Handling Guidelines *&* Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388.

[(j) A copy of the Livestock Trucking Guide (revised September 2001) is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the National Institute for Animal Agriculture, 1910 Lyda Drive, Bowling Green, KY 42104. Phone: (270) 782-9798; Fax: (270) 782- 0188; or Email: NIAA@animalagriculture.org.]

Recodify existing (k) and (l) as (j) and (k) (No change in text.)

2:8-2.6 Care and treatment

(a) Sick or injured cattle shall be promptly treated or humanely euthanized.

1. The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) [2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented] Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

[2. A copy of the 2000 Report of the AVMA Panel on Euthanasia is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the AVMA at 1931 North Meacham Road--Suite 100, Schaumburg, IL 60173. Phone: 847-925-8070; Fax: 847-925-1329; Website: http//www.avma.org/; Email: avmainfo@avma.org.]

[3.] 2. (No change in text.)

[4. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.]

(b) Dead cattle must be promptly removed from contact with live cattle or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.
(c) (No change.)

(d) Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

(e) (No change.)

[(f) Nothing in these rules shall prohibit de-horning or disbudding, removing extra teats, tail docking, tattooing, branding and castrating or other routine husbandry practices provided that they are performed in a sanitary manner by a knowledgeable individual and in such a way as to minimize pain.]

(f) Tail docking of cattle is permitted only upon determination by a veterinarian for individual animals.

(g) Removal of supernumerary teats may be performed by a knowledgeable individual as described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007.

SUBCHAPTER 3. STANDARDS FOR HORSES

2:8-3.6 Care and treatment

(a) Equine management and training shall be carried out by a knowledgeable individual in accordance with these guidelines or courses:

1. Battaglia, Handbook of Livestock Management, fourth edition, 2007; Horse Management 11-067-384, Equine Nutrition 11:067:390 from Rutgers School of Environmental and Biological Science; Equine science and management and Equine racing management taught through Morrisville State College, Morrisville, NY; or Equine Studies taught through the Equine Studies Department at Centenary College, Hackettstown, NJ; and

2. For equine rescue operations care must be consistent with AAEP Care Guidelines for Equine Rescue and Retirement Facilities, 2004; http://www.aaep.org/pdfs/rescue_retirement_guidelines.pdf or Equine Rescue and Facility Guidelines, UC Davis, 2009, http://www.vetmed.ucdavis.edu/ceh/docs/special/pubs-Sanctuary-bkm-sec.pdf.

(b) All horses for public hire must have routine hoof care, medical care and sufficient strength and rest to maintain their health to be used for the purpose for which they were hired.

(c) Proper hoof care should be provided.

[(a)] (d) Sick or injured horses shall be promptly treated or humanely euthanized.

1. The NJDA adopts and incorporates by reference, the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) [2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented] Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

[2. A copy of the 2000 Report of the AVMA Panel on Euthanasia is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the AVMA at 1931 North Meacham Road--Suite 100, Schaumburg, IL 60173. Phone: 847-925-8070; Fax: 847-925-1329; Website: http//www.avma.org/; Email: avmainfo@avma.org.

3. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.]

[(b)] (e) Dead horses must be promptly removed from contact with live horses or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

[(c)] (f) Proper medical care for the diagnosis or management of injury or disease must be provided to sick, injured[,]*,* or non-ambulatory disabled horses.

1. Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

[(d) All horses for public hire must have routine hoof care, medical care, and sufficient strength and rest to maintain their health to be used for the purpose for which they were hired.

(e) Proper hoof care should be provided.

(f) Nothing in these rules shall prohibit tattooing, branding, and castrating or other routine husbandry practices provided that they are performed in a sanitary manner by a knowledgeable individual and in such a way as to minimize pain.]

SUBCHAPTER 4. STANDARDS FOR POULTRY

2:8-4.6 Care and treatment

(a) Sick or injured poultry must be promptly treated or removed within 24 hours and humanely euthanized.

1. The NJDA adopts and incorporates by reference, the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) [2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented] Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

2. – 3. (No change.)

[4. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.]

[5.] 4. (No change in text.)

(b) Dead poultry must be promptly removed from contact with live birds or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick or injured poultry.

1. Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

(d) –(e) (No change.)

2:8-4.7 Handling of poultry

(a) – (d) (No change.)

[(e) Nothing in these rules shall prohibit beak-trimming or other routine husbandry practices provided that they are performed in a sanitary manner by a knowledgeable individual and in such a way as to minimize pain.

1. Beaks of chickens shall not be trimmed after eight weeks of age, except that therapeutic beak trimming may be done at any age if an outbreak of cannibalism occurs in a non-beak-trimmed flock.

2. Beaks of turkeys shall not be trimmed after 24 weeks of age.

(f) Toe trimming may be performed on male broiler breeder chicks and poults, but shall be limited as follows:

1. No toe trimming can be performed on chickens after one day of age.

2. No toe trimming can be performed on turkeys after seven days of age.]

(e) The NJDA adopts and incorporates by reference the acceptable methods of beak trimming, catching and transport of laying hens as set forth in the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks (2008 edition), available at *[http://www.uepcertified.com/media/pdf/UEP-Animal-Welfare-Guidelines.pdf]* *http://www.azda.gov/ASD/UEP-Animal-Welfare-Guidelines.pdf* when performed by a knowledgeable individual.

(f) Beak trimming, toe trimming and dubbing may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, with such recommendations and descriptions adopted and incorporated by reference.

SUBCHAPTER 5. STANDARDS FOR RABBITS

2:8-5.7 Care and treatment

(a) Sick or injured rabbits must be promptly treated or removed and humanely euthanized.

1. The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) [2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented] Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

[2. A copy of the 2000 Report of the AVMA Panel on Euthanasia is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the AVMA at 1931 North Meacham Road--Suite 100, Schaumburg, IL 60173. Phone: 847-925-8070; Fax: 847-925-1329; Website: http://www.avma.org/; Email: avmainfo@avma.org.

3. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.]

(b) Dead rabbits must be promptly removed from contact with live rabbits or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) (No change.)

(d) Proper medical care for the diagnosis or management of injury or disease must be provided to sick or injured animals.

1. Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

(e) Teeth must be maintained in adequate condition to maintain the health of the animal.

1. Tooth trimming shall be performed only by knowledgeable individuals [who are skilled in the method used] as described in the Textbook of Rabbit Medicine, Frances Harcourt Brown, Elsevier Science 2004, which is adopted and incorporated by reference. A copy of this textbook is on file in the Director’s Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625.

[2. Nothing in these rules shall prohibit other routine husbandry practices provided they are performed in a sanitary manner by a knowledgeable individual and in such a way to minimize pain.]

SUBCHAPTER 6. STANDARDS FOR SMALL RUMINANTS

2:8-6.5 Marketing and sale

(a) – (e) (No change.)

(f) Small ruminants shall be grouped according to size in the vehicle, and be able to stand or “cush” in normal posture within the vehicle.

1. The NJDA adopts and incorporates by reference the loading and truck space requirements outlined in the Livestock Trucking Guide by Temple Grandin for the National Institute for Animal Agriculture (revised September 2001) [as amended and supplemented], available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; and Recommended Animal Handling Guidelines *&* Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388.

[2. A copy of the Livestock Trucking Guide (revised September 2001) is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the National Institute for Animal Agriculture, 1910 Lyda Drive, Bowling Green, KY 42104. Phone: (270) 782-9798; Fax: (270) 782- 0188; or Email: NIAA@animalagriculture.org.]

2:8-6.6 Care and treatment

(a) Sick or injured small ruminants must be promptly treated or humanely euthanized.

1. The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) [2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented] Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

[2. A copy of the 2000 Report of the AVMA Panel on Euthanasia is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the AVMA at 1931 North Meacham Road--Suite 100, Schaumburg, IL 60173. Phone: 847-925-8070; Fax: 847-925-1329; Website: http://www.avma.org/; Email: avmainfo@avma.org.]

[3.] 2. (No change in text.)

[4. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.]

(b) Dead small ruminants must be promptly removed from contact with live small ruminants or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick or injured animals and non-ambulatory disabled small ruminants.

1. Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

[(d) Nothing in these rules shall prohibit de-horning or disbudding, removing extra teats, tail docking, tattooing, branding, castrating or other routine husbandry practices provided that they are performed in a sanitary manner by a knowledgeable individual and in such a way as to minimize pain.]

(d) Tail docking may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007.

SUBCHAPTER 7. STANDARDS FOR SWINE

2:8-7.5 Marketing and sale

(a) – (g) (No change.)

(h) Swine must be able to stand in normal posture within the vehicle.

1. The NJDA adopts and incorporates by reference the loading and truck space requirements outlined in the Livestock Trucking Guide by Temple Grandin for the National Institute for Animal Agriculture (revised September 2001) [as amended and supplemented], available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; Recommended Animal Handling Guidelines *&* Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388; Transportation Quality Assurance Handbook (National Pork Board 2009), available at http://www.pork.org/Producers/docs/TQA_08.pdf.

[2. A copy of the Livestock Trucking Guide (revised September 2001) is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the National Institute for Animal Agriculture, 1910 Lyda Drive, Bowling Green, KY 42104. Phone: (270) 782-9798; Fax: (270) 782- 0188; or Email: NIAA@animalagriculture.org.]

(i) Swine shall be loaded according to the truck space requirements [outlined] set forth in the Livestock Trucking Guide (Livestock Conservation Institute, 1910 Lyda Drive, Bowling Green, KY), available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; Recommended Animal Handling Guidelines *&* Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388; Transportation Quality Assurance Handbook (National Pork Board 2009), available at http://www.pork.org/Producers/docs/TQA_08.pdf.

(j) – (k) (No change.)


2:8-7.6 Care and treatment

(a) Sick or injured swine must be promptly treated or humanely euthanized.

1. The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) [2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented] Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

[2. A copy of the 2000 Report of the AVMA Panel on Euthanasia is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the AVMA at 1931 North Meacham Road--Suite 100, Schaumburg, IL 60173. Phone: 847-925-8070; Fax: 847-925-1329; Website: http://www.avma.org/; Email: avmainfo@avma.org.]

[3.] 2. (No change in text.)

[4. Euthanasia shall be performed only by knowledgeable individuals who are skilled in the method used.]

(b) Dead swine must be promptly removed from contact with live swine or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick, injured[,]*,* or non-ambulatory disabled swine.

1. Nothing in [these rules] this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed [in a sanitary manner, in such a way to minimize pain, and] in compliance with all local, State and Federal laws.

[(d.) Nothing in these rules shall prohibit detusking, removing needle teeth, castration, ear notching, tattooing, tail docking or other routine husbandry practices provided that they are performed in a sanitary manner by a knowledgeable individual and in such a way as to minimize pain.]

(d) Tail docking, teeth trimming and tusk trimming may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007.

SUBCHAPTER 8. THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS

2:8-8.1

(a) (No change.)

(b) No investigations or enforcement actions pursuant to N.J.S.A. 4:22-15 et seq., pertaining to the cruel or inhumane raising, keeping, care, treatment, marketing[,]*,* and sale of domestic livestock in violation of these standards, shall be instituted or conducted except in accordance with the rules set forth in this subchapter.

1. Any interested party may request training on how to interpret these rules.

i. Training will be jointly prepared and conducted by the NJDA and [Cook College] Rutgers School of Environmental and Biological Sciences, New Jersey Agricultural Experiment Station.

(b) – (e) (No change.)

44 N.J.R. 219(a)
February 6, 2012
Filed January 9, 2012


New Jersey information is provided by and printed with permission of the New Jersey Office of Administrative Law, Division of Administrative Rules.