Pollinator habitat program proposed for State lands

Companion bills introduced in the State House and Senate would establish a program to enhance habitat for honeybees and other pollinators on State lands.  The program also would allow pollinator-enhancement on certain lands subject to conservation easements.  The House bill is H.F. 595; the Senate bill is S.F. 1371.

Interest in pollinator habitat has increased across all sectors of agricultural interests, from urban growers and suburban hobby farmers to large commercial farmers.  For more information about the importance of pollinators and how to foster healthy pollinator habitat on your own property, visit the University of Minnesota Extension program.

New horse slaughter bill aimed at preventing human consumption of drug-tainted horsemeat

A bill introduced on March 11, 2013, in the United States House of Representatives would ban the transportation of horses or horse parts in interstate commerce by anyone who knows or should know the horse or parts are intended for human consumption.  The full text of H.R. 1094 can be viewed here.

Previously an effective ban on transporting horses intended for slaughter was accomplished by Congressional refusal to fund USDA inspections of slaughtering facilities that processed horses.  In 2011, Congress lifted the restriction, enabling the processing of horses in the United States.  But the recent scandal in the United Kingdom surrounding undisclosed tainting of beef products with horse meat brought attention to another problem:  in the United States, horses routinely are treated with drugs such as phenylbutazone (commonly called bute for short), which is toxic to humans in even small amounts.  A recent exposé in Newsweek cites a study in Food and Chemical Toxicology that found:

[B]ute causes bone-marrow depression like aplastic anemia, agranulocytosis, thrombocytopenia, leucopenia, pancytopenia, and hemolytic anemia, which are fatal in the vast majority of cases. The elderly are more susceptible than younger adults. The risks for developing bone-marrow depression and other serious effects are heightened because humans metabolize bute into oxyphenbutazone, which also causes bone-marrow depression.

The study also demonstrates that children are at increased risk of developing aplastic anemia from minute levels of bute and oxyphenbutazone in horse meat, presumably because their bones are still growing. But even very low levels of bute can result in a hypersensitivity reaction in susceptible adults that’s mostly fatal. All of these effects are considered to be idiosyncratic, meaning it is unknown who will be afflicted.

The bottom line:  horse meat is not regulated for human consumption in the United States, and American horses probably aren't safe for people to eat.

The new law banning transportation of horses for slaughter would only apply to horses intended for human consumption, so horses still could be shipped for slaughter if they are intended for animal consumption.  A primary market for horse meat in the United States is zoos, to feed horse meat to carnivores.

Taxes on services scrapped

Confronted with strong resistance from business leaders as well as many within his own party, Governor Dayton has backed away from his proposal to impose new taxes on services.  His new plan would raise income taxes on the wealthy.  The House and Senate now will consider their own proposals.  Stay tuned to see how agricultural policy may be affected and impact your farm or ranch business.

Would agricultural services be exempt?

Here is Governor Dayton's proposed language in HF677 exempting agricultural services from the broadened tax on services in the omnibus tax bill:

This bill is scheduled for hearing tonight; we'll see about clarification of this and other provisions, as well as a proposal to exempt "agricultural education services" - including horse training and riding instruction and day camps for children to teach them about farming and animal husbandry - under this subdivision.

Sales tax proposed on some veterinary services; horse boarding still exempt

On February 18, Governor Dayton's omnibus tax bill was introduced in the Minnesota Legislature.  It would eliminate many exemptions from sales tax - including some veterinary services - and impose sales tax on almost all services.  This is part of a broad tax reform plan. Among other things, it would reduce the sales tax rate and provide a property tax rebate while extending sales tax applicability to many previously exempted goods and services.  Here is a link to the companion bills, S.F. No. 552 / H.F. No. 677.

"Horse boarding services" would continue to be exempt, but riding instruction and training services not offered as part of a horse boarding business may not be.  Veterinary services would be exempt as follows:

Subd. 18. Veterinary services provided to a person other than a natural person.

Services of practicing veterinary medicine, as that term is used in chapter 156, and provided 

to persons other than natural persons, are exempt. This includes veterinary services for 

animals kept for economic reasons, including livestock, laboratory animals, working 

animals, animals to be sold at retail in the normal course of business, and sport animals. 

Sales on groceries and other agricultural products would continue to be exempt.  Horses are livestock, and raising them is an agricultural activity. That is enshrined in the law, thanks to a statute passed in 2010 that says so.  (Minn. Stat. 17.459).  A horse boarding and related horse training and riding instruction business is an agricultural land use in the property tax code, Minn. Stat. 273.13 Subd. 23(i)(3).

Horse training and riding instruction is agricultural education that should not be subject to taxation.  In a 2005 U of MN economic impact study, the horse industry was estimated to contribute $1 billion in Minnesota annually, which we cannot afford to jeopardize.  Horse boarding and training businesses are already overwhelmed by insurance costs, transportation and employment costs, and regulatory costs.  Even a small increase in the cost of doing business would threaten an important supply and demand link in our entire agricultural economy.

A hearing is scheduled for Wednesday evening, February 27, 2013 at 7:00 p.m at the State Office Building, Room 200.  Public testimony will be heard, and clarification on some of the bill's provisions may be provided.

To make your voice heard, identify your elected local representatives (here is a link to our State Legislature's "Who Represents Me?" web page) and contact them by email, phone, and regular mail with the message in bold above.  Stay tuned for more information about opportunities to educate the Legislature about the importance of horses in agriculture.

Immigration and the Horse Industry

On Tuesday, June 19, I'll be a panelist for the MSBA Animal Law Section's continuing legal education seminar titled "Immigration Compliance and Ethics for Equine Practitioners and Enthusiasts."  This seminar and discussion forum will be informative for attorneys as well as equine industry employers and stable owners.  For more information or to register to attend, contact the MSBA Animal Law Section.

Property Rights v. Animal Rights: What to Expect in an Equine Cruelty or Neglect Investigation

Bankruptcies and home foreclosures have risen in the last few years, and so has concern over allegations of abuse and neglect of animals.  A few widely publicized investigations into horrific allegations of starved and neglected horses have both animal welfare advocates and horse farm owners wondering: in Minnesota, where does the law draw the line between farm owners' property rights and the authority of investigating officers or law enforcement to enter the property and remove animals?

What happens in an investigation?

In Minnesota, authority to investigate allegations of animal cruelty and neglect is vested by statute, Minn. Stat.  § 343.01, in a private nonprofit organization called Minnesota Federated Humane Societies (also known simply as "the Federation").  The purpose of the Federation is “to assist in the enforcement of the laws for the prevention of wrongs to animals; to assist in the organization of district and county societies and give them representation in the state federation; to aid such societies and agents in the enforcement of the laws for the prevention of wrongs to animals which may now or hereafter exist, and to promote the growth of education and sentiment favorable to the protection of animals.”  Minn. Stat. § 343.06.  Persons who believe unlawful abuse or neglect is occurring may call a toll-free number and leave a message describing the situation and exact location.  A certified investigating officer would then follow up with the caller and, if appropriate, commence an investigation into the alleged mistreatment.

According to the Federation, about 100 officers operating in all 87 Minnesota counties have certification as humane agents that authorizes them to investigate allegations of animal cruelty and neglect.  In certification training, agents are taught how to conduct investigations in cooperation with law enforcement and in accordance with State statutes regulating Federated and describing care standards for various animals. 

Horses and other equines have their own care standard statute in the Pet and Companion Animal Welfare Act, Minn. Stat. § 346.38, which mandates a minimum standard for food, water, and shelter.  Other chapters contain additional prohibitions, such as docking a horse’s tail, which is prohibited under Minn. Stat. § 343.25, a section of the chapter in Minnesota Statutes dedicated to prevention of cruelty to animals.

A Federated agent arriving at a property to investigate must carry an ID card with the agent's name and the expiration date of the one-year term of authorization.  Agents typically will also be identifiable by wearing a Federated jacket, although some agents also are law enforcement officers, veterinarians, or other professionals whose attire is specific to their primary occupation.

If the property owner cooperates with the agent, the investigation may consist only of a walk-through of the property to confirm the presence of adequately treated and fed horses and availability of food and water.  If concerns about mistreatment are raised during the inspection, the Federated agent's first objective is to work with the owner to correct the problems.  This might involve scheduling veterinarian visits and further inspections to ensure adequate progress and compliance.  According to Federated, obtaining a warrant to remove animals is considered a last resort; educating owners in proper care standards to improve animal stewardship practices is always the preferred means to protect animals from neglect.

What if the property owner is absent or won't cooperate when a Federated humane agent arrives?

Federated humane agents are authorized to investigate animal abuse allegations, but that authority does not trump a property owner's Constitutional rights against search and seizure of property without a Court warrant.  Therefore, neither the Federated humane agent nor law enforcement may enter property without the owner's consent, or a warrant.

If the property owner is not home when the agent arrives, typically a door hanger notice is left behind explaining the reason for the visit and providing contact information so the owner can call back to discuss the situation and participate voluntarily in the investigation.

If the owner does not cooperate with the investigation, agents must investigate using other means to obtain enough information to show "probable cause" that a crime has occurred before a warrant from the court may be issued.  Neighbors or other potential witnesses may be contacted about the condition of animals on the property in question.  If a court, upon affidavit of the agent, determines that probable cause exists, then a warrant will issue that authorizes the agent—together with law enforcement and other persons such as a veterinarian, depending on the circumstances—to enter the property without the owner's consent.  Only the animals listed in the warrant or which meet the criteria stated in the warrant may be removed.

Once a warrant is executed, the owner has ten days to petition the Court for the return of any animals removed.  During that ten-day period, the horses will typically be placed in temporary adoptive homes or with a rescue organization, although in some cases horses may remain on the property and rescue workers will be authorized to enter the property to care for the animals.  Ownership of the horses cannot be lawfully transferred until the end of the 10-day period, but a licensed veterinarian may euthanize animals during that time if deemed appropriate in the vet's professional judgment.

Owners may then be charged with criminal citations of abuse or neglect as merited by the results of the investigation.

For more information or to report suspected abuse of animals, call Federated at 1-877-8ANIMAL (1-877-826-4625) or visit its web site at http://humanesocieties.net/.  Minnesota Statutes may be searched and viewed online at the Legislature’s Office of the Revisor of Statutes, https://www.revisor.mn.gov/pubs/,  If you have legal questions about your own situation, consult an attorney.

Allison F. Eklund, M.A., J.D.

Eklund Law, PC

(651) 592-7858

*Special thanks to Timothy J. Shields, attorney for Minnesota Federated Humane Societies, for contributing to this article.