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Copyright 2008 Rocky Mountain Rider. ALL RIGHTS RESERVED. Reproduction of any editorial material, artwork and photos is strictly forbidden without express written permission of the publisher. For information about reprint rights, please contact the editor; editor@rockymountainrider.com.
April 2008 Issue
[Editor’s Note: This is the third article in
our series about the issue of how to deal with Unwanted Horses, and the
related topics of slaughter, euthanasia, rendering, animal law and
cruelty to animals.
This month we discuss whether or not horses should continue to be
designated as “livestock,” as they have traditionally been; or
whether they should be termed “companion animals.”
The term “companion animal” is relatively new in modern
American usage, and its exact meaning is one that is open to connotation
and interpretation. Does “companion animal” mean the same thing as
“pet”? And if some people think of their horses as “pets,” does
that mean that ALL horse owners should be required to consider their
horses as pets, as well?
In February, 2007, we published “What to Do With a Dead
Horse.” In February, 2008, we covered these issues: the causes of
unwanted horses; horse slaughter houses; transportation to slaughter;
and horse meat. In March, 2008, we covered rendering and the rendering
industry.
Please contact us with your feedback and thoughts about this very
important issue.] Defining the relationship
between horses and humans “He’s of the colour of the nutmeg. And
of the heat of the ginger.... he is pure air and fire; and the dull
elements of earth and water never appear in him, but only in patient
stillness while his rider mounts him; he is indeed a horse, and all
other jades you may call beasts.” ~William
Shakespeare, Henry V
All domestic animals are considered “property” under the law,
which allows people to buy and sell them, use them for many purposes, to
kill them “humanely,” and to hold them captive. Animal laws are
found at local, state, national and international levels.
“Livestock” can be defined in different ways under the law.
For example, in
The USDA defines “agricultural” (or livestock) as “animals
for food or fiber” and places horses that are used on a ranch, to work
cattle, under “agriculture.” Other horses are considered
“recreational.” The designation has been arrived at for the purposes
of the Farm Bill for the USDA Cost Share Program.
In their definition of “livestock,” most cities, counties and
states include domesticated bovine animals [cattle], equine animals,
ovine animals [sheep], and porcine animals [pigs]. Some definitions also
include cervidae animals [deer], capradae animals [antelope], animals of
the genus Llama, ratites [ostrich], fish or shellfish in aquaculture,
and enclosed rabbits or hares raised for human food or fiber.
Most of us think of “companion animals” as non-food pets,
kept for companionship, amusement, psychological support, and affection.
They include dogs, cats, cage birds, aquarium fish, and exotic species
such as monkeys, tortoises, snakes, gerbils, hamsters, chinchillas,
mice, rats and spiders. Horses used for “pleasure” could fall into
this category.
According to a study done in 2006 by the American Veterinary
Medical Association, pet ownership rose between 2001 and 2006, including
households that owned “pet horses.”
Respondents stated that, like dog and cat owners, horse owners
feel a bond with their animals. More than 38 percent of horse owners
considered their horses to be family, and more than 56 percent
considered horses to be “pets or companions.” Laura Ireland Moore, Director of the
In 1998
As part of the argument for the law, supporters reasoned that
horses were “companion animals” – equivalent to dogs and cats –
and should be protected from becoming meat on a plate for people. Opponents to the bill argued that while a
majority of horses in
Jane Heath, Executive Director of Montana Horse Sanctuary in When asked, Heath says that the Sanctuary has
not seen more horses needing to be rescued since the
These days, most people do not help raise or hunt the animals
that end up on their dinner plates. Animals that provide us food are
increasingly invisible and distant from our everyday lives, even in the
rural West.
During the last fifty years, our emotional attachment to dogs and
cats has become accepted as the norm. When they die, we can now mourn
them as much as we would a friend or family member. Many of us feel the
same way about our horses.
At the same time, food animals have been set apart from us and
more and more are raised in factory-like conditions, to the extent that
they are termed “units of production.” Feedlots with tens of
thousands of cows, windowless warehouses with cages of chickens, and
tiny cement and steel stalls for hogs are standard practice in today’s
world of meat, milk and egg production. Those who care about animals may
believe that this is wrong, but the general population is removed from
the realities of industrial farms and slaughterhouse conditions.
Horses are generally not thought of as “units of production.”
Unlike most other livestock, horses are usually not sold in quantities
or by the pound. Horses are sold as individuals and each horse’s
personal characteristics greatly affect pricing.
Traditionally, in the West, horses (and stock dogs) have been
used as work companions to humans. However, as more and more large
ranches are being sold off as ranchettes, small utility vehicles can be
used instead of horses to drive cattle, and to carry feed and manure.
Modern ranching practices are changing what horses are used for. According to the latest statistics released
from the American Horse Council, 2,970,000 horses are used for
recreation; 1,974,000 for showing, 725,000 for racing, and 1,262,000 for
“other.” “Other” includes farm and ranch work, police work,
rodeo and polo. Benefits of Being “Livestock” Regardless of how a horse owner feels about
slaughtering horses and using horse meat for human consumption, or
whether horses should be labeled as “companion animals” or as
“livestock,” changing the legal status of horses has possible
adverse results for breeders and marketers of horses and for those who
use them as workers on ranches.
We asked two livestock professionals what would happen if horses
were not considered livestock.
Sandy Gagnon, Horse Specialist with the Montana State Extension
Animal and Range Sciences – Montana State University, responded by
saying, “If you take horses out from under the Department of
Livestock, a lot of things fall through the cracks, such as brand
inspection and theft, and also disease control, through Coggins tests
and health certificates. At least in the Western states.”
Errol Rice, Executive Vice President of the Montana Stock Growers
Association, told us: “Being livestock is a very valuable
classification. It gives protection for both horses and their owners. “As livestock, horses have good animal
health protocols for controlling outbreaks of disease, such as West Nile
Virus, with quarantines and traceability; a reliable mechanism for
finding and returning stolen livestock and prosecuting thieves with
felony penalties; and cruelty to animal laws already in place.” AAEP Position Statement
The American Association of Equine Practitioners
(AAEP) and the American Horse Council (AHC) have issued a “white
paper,” or position statement, on why horses should remain classified
as livestock. Excerpts from the white paper follow. State and Federal Support
Traditionally and legally, horses have been considered livestock
in the The USDA has a responsibility to improve and
maintain farm income, develop and expand markets, and protect
agricultural products and carry out agricultural research. The agency
provides technical expertise and money to support research into equine
diseases, enforces national laws pertaining to equines, and helps with
disaster relief. Humane Laws State anti-cruelty laws would need to be
changed to include equines in non-livestock laws. Limited Liability Laws Most states have Limited Liability Laws to
protect stable owners, equine event organizers, and trail ride providers
from lawsuits that may come from people injured while attending or
participating. Those laws state that horses (or other livestock) are
potentially dangerous animals, and that everyone should be aware of that
when around them. The laws would need to be changed in those states that
include horses under livestock instead of singling them out. Taxes Under current federal and state general tax,
excise and sales tax laws, commercial horse owners and breeders are
treated as farmers, giving them certain tax benefits. Benefits of Being “Companion Animals”
The bond between horses and humans can be as intimate and
rewarding as the bond between dogs and humans.
Horses are used in therapy and to aid humans, much like
seeing-eye dogs and dogs for the deaf and other human disabilities.
Therapeutic riding programs have proven the benefit of interaction with
horses for people of all abilities. Miniature horses are being used to
aid blind people much like seeing-eye dogs have done for years, and
living as much as three times as long as dogs while doing it. Programs
for prisoners that use dogs and horses not only help the animals, they
help the prisoners gain career and social skills. Not only do disabled people benefit from
interacting with horses, the horses benefit as well. A 2004 study done
at Virginia-Maryland Regional College of Veterinary Medicine showed that
when horses were used in three different therapy disciplines —
equine-assisted mental health therapy, therapeutic horseback riding for
children and adults, and equine-facilitated psychotherapy, all of the
horses showed lower levels of stress indicators following the sessions,
even after seemingly stressful incidences such as those involving
screaming or seizures.
Today, one of the major issues in animal law is the legal
standing of equines — whether they are livestock or companion animals.
Most laws were written to protect people or their property. Typical
anti-cruelty laws protect companion animals and exclude many farming
practices. In general this is good, but has been used by unscrupulous
people to try to dismiss charges of cruelty against livestock. As companion animals, it would be much more
difficult for horses to be slaughtered or sold for slaughter, and then
shipped out of the country for human consumption.
Dave Pauli, Northern Rockies Region Director of the Humane
Society of the
Pauli recently returned from a training session with
Pauli explains that firefighters know horse owners in general are
less equipped than livestock ranchers to set up a rescue or have needed
equipment on hand such as winches, cable, large ropes, trucks, trailers,
and other horse-knowledgeable people to help.
Therefore, Pauli says, “Firefighters there respond to horse
emergencies as if horses were companion animals, because if they
don’t, they believe the owners may endanger themselves by attempting
to rescue an animal. The firefighters were trained to rescue horses
using equipment already on their fire trucks. “Most humane societies and animal shelters
don’t offer help to horses because they are not under the companion
animal ‘umbrella,’” explains Pauli. “It’s in the best interest
of the horse to be classified as a companion animal.” Limited Liability Laws An argument could be made that state limited
liability laws would not need to be changed. The vast majority of state
limited liability laws (including the eleven states where RMR is
distributed) are written just for equines. A few are for either
equines or livestock. This seems to indicate that most limited
liability laws would not necessarily need to be changed. How Could a Change Happen?
Scott Beckstead, an attorney in
When asked how horses could legally become companion animals,
whether at the state or national level, he explains that it could happen
“…through legislation at the state level.
Beckstead also says that, “While the U.S. Congress is
interested in horse slaughter, they would view changing horses from
livestock to companion animals as “micro-managing,” and it is not
the type of thing they would likely spend their time on.”
Copyright 2008 Rocky Mountain Rider. ALL RIGHTS RESERVED. Reproduction of any editorial material, artwork and photos is strictly forbidden without express written permission of the publisher. For information about reprint rights, please contact the editor; editor@rockymountainrider.com.
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