During the 1980s, as cruel factory farming systems spread across the U.S., agribusiness interests amended many states’ anti-cruelty laws to exempt “routine” farming practices, thereby allowing cruel systems to be considered legal without any consideration of the pain and suffering caused to animals. 

In 1996, the state of New Jersey passed a law exempting agriculture from prosecution under the state’s anti-cruelty law, but it also required that farmers abide by standards for the “humane” treatment of farm animals, and it directed the New Jersey Department of Agriculture (NJDA) to produce these standards. Eight years later (in 2004), after receiving thousands of comments from concerned citizens, the NJDA finally published their standards. But rather than protecting animals, the agency defended the inhumane status quo. It exempted “routine” farming practices and called them “humane.”

Farm Sanctuary responded by forming a coalition and challenging the agency in court. The case ended up in the New Jersey Supreme Court, which announced its landmark decision on July 30^th. The court unanimously rejected the NJDA assertion that “routine” practices can necessarily be considered “humane.” This is especially significant because courts give extreme deference to state agencies (such as the New Jersey Department of Agriculture) in setting policy.

The New Jersey Supreme Court also rejected the NJDA assertion that cutting off cow’s tails is “humane,” but it failed to offer decisive rulings on other matters, instead deferring to the agency and charging it with the task of creating more specific definitions. Regarding veal crates and gestation crates, the court stated, “the agency’s decision to permit these crating and tethering techniques, although controversial, falls well within its area of expertise.” We will continue our efforts to challenge and prevent these inhumane systems in New Jersey and elsewhere.

This  decision is part of a growing discussion of and awareness about the intolerable cruelty that has become common on today’s factory farms. With citizens learning more about the brutality of industrial animal farming, change is imminent.