Hot, Crowded and Legal A Look at Industrial Agriculture in Brazil and the United States David Cassuto Professor of Law, Pace Law School Director, Brazil-American Institute for Law & Environment (BAILE)

Why CAFOs? Global Climate Change Air and Water Pollution from Waste Animal Abuse Deforestation > ½ World’s cow, pig, fowl, eggs

A Climate Change Feedback Loop Increased global demand for meat spurs conversion offorests to pasture and fields on which to grow feedcrops. This requires more fossil fuel-based fertilizers andincreases manure production. This in turn exacerbatescarbon, methane and nitrous oxide emissions. Emissions accelerate climate change, causing apositive feedback loop for the CAFOs. Elevated temperatures negatively impact animal feedcrops, facility climate control costs and pesticideefficacy. These increased costs require more volume, whichrequires more demand, which requires moreconversion of forests to fields, etc.

Why the U.S. and Brazil?

United States Production & Consumption Factory Farm Model Legal Regulation

Production & Consumption 10 Billion per Year Slaughtered 1 Million per Hour Slaughtered 9 Million per Year Milked 67% Protein from Meat (World Average: 34%) > ½ lb of Meat per Day 1 lb of Dairy per Day 200 lbs Meat per Year 30 lbs Cheese per Year

Consumption 110 Grams of Protein per Person per Day Obesity Meat as Social Status & Cultural Significance Increased Disposable Income Government Programs and Subsidies for Meat and Dairy 75% Vegetarians Resume Meat-Eating

Factory Farm Model Economic Model: Massive Production Weight > High Attrition Rate Achieved By: Space Feed Antibiotics Waste Lagoons Hormones

(Non-Enviro)Legal Regulation FDA –Food Drug and Cosmetic Act USDA –Humane Method of Slaughter Act (HMSA) –Twenty Eight Hour Law –Practice Guidelines & Standards NOT the Animal Welfare Act!

Factory Farm Model Pillar: Space Feed Antibiotics Waste Lagoons Growth Hormones Regulating Body: USDA FDA FDA & USDA USDA FDA

Food, Drug, & Cosmetic Act Feed –Bans Feeding Ruminants Mammal Tissue Hormones –Approved for Beef & Dairy Cattle –Banned for Chickens & Pigs Antibiotics –Approves Safe Drugs –Maximum Residue Limits at Slaughter

USDA Humane Method of Slaughter Act –Express Goals: Industry Interest Twenty Eight Hour Law –Transport Requirements for Mammals Practice Guidelines & Standards –Poultry Best Commercial Practices –Lagoon Standards

FDA & USDA Covers: Slaughter Transport Antibiotics at Slaughter Limited Feed Regulation Allows Hormones Allows Minimal Space Lagoon Structure Do Not Cover: Antibiotic Levels pre- Slaughter Most Feed

FDA & USDA Covers: Slaughter Transport Antibiotics at Slaughter Limited Feed Regulation Allows Hormones Allows Minimal Space Lagoon Structure Do Not Cover: Antibiotic Levels pre- Slaughter Most Feed Supports CAFO Economic Model! Massive Production Weight > High Attrition Rate

United States Consumption Increasing Laws and Regulations Reinforce the CAFO Model

Brazil Trends in Developing World Production Regulatory Regime Good Agricultural Practices

Trends in Developing World Meat Industry Movement: From US & EU to Developing World Embracing Meat Industry: Perceived Indicator of Economic & Social Progress Increases in Meat Consumption

Brazilian Production Largest Cattle Herd in the World Leading Global Exporter of Cow, Poultry, Pig Government Investment & Credits

Regulatory Regime Federal Anti-Cruelty Decree # 24,645 of 1934 –Mandates standards of cleanliness, personal space and access to air & light; –Sets standards for “humane” slaughter; Permanent Technical Committee on Animal Welfare of 2011 –Propose and Coordinate Good Practices

“Good” Practices Include Welfare before Slaughter Voluntary Programs Industry Leads with Government Support Battery Cages & Gestation Crates Still Used by the Millions

Brazil Embracing Status as Global Leader Welfare Protections Systems are New Limited Protections Support CAFO Model

US & Brazil Exemptions Narrow Regulations Bovine Growth Hormone Industry Lobby Anti- Welfare New Area of Law Covers More Animals No Growth Hormones Industry Leading in Establishing Standards

So What? Myths Make Reality Prevailing Myth of Costs and Benefits is Wreaking Havoc Externalized Harms, Statistical Lives etc.  Neither animals nor the environment can ever count It’s Not Just Ethics – It’s Math