ALDF Files Complaints Over Tyson Alleged Animal Abuse

Written by Katharine Richter

On September 14, 2015, the Animal Legal Defense Fund (ALDF) released undercover footage revealing animal abuse inside a Tyson Food slaughter plant located in Carthage, Texas.  ALDF alleges this is a system that allows the exploitation of “both workers and animals.”  According to an ALDF news release, Stephen Wells, ALDF Executive Director commented, “Our Investigation proves that the cruel treatment of chickens by Tyson foods are not isolated incidents, but a systematic, companywide problem.”

According to the ALDF news release, ALDF has “filed three complaints against Tyson Foods with three different government agencies.”  First, it has filed with the U.S. Department of Agriculture (USDA).  ALDF is arguing the food safety regulations contained in the Poultry Products Inspection Act which were violated by Tyson by their “inhuman animal handling practices and food safety violations.”  Second, ALDF filed with Occupational Safety and Health Administration (OSHA) stating Tyson’s line speed is unrealistic and is creating unsafe working conditions for employees as well as harming animal welfare and violating food safety regulations.  Finally, ALDF filed with U.S. Securities and Exchange Commission (SEC) for “overstating the priority it puts on animal welfare in corporate and investor materials.”  ALDF has also asked the Attorney General of the State of Delaware, where Tyson was incorporated, to investigate and sanction Tyson.

This is not the first investigation into Tyson Foods alleged mistreatment of animals.  Back in August, 2015, Tyson dropped a Tennessee contract farm where individuals were videotaped beating chickens with a stick and stomping on them in an undercover investigation conducted by the group Mercy For Animals.

According to Food Safety News, Tyson issued a media report stating the employees at the plants are trained to report inappropriate behavior and can report to numerous individuals.  Tyson stated there was no record of any violations reported during the time the video was shot.  This is the extent that Tyson has commented on the video and any alleged abuses reported by ALDF.

Idaho “Ag-Gag” Law Ruled Unconstitutional

On August 3, 2015, U.S District Court Judge B. Lynn Winmill for the U.S. District Court of Idaho ruled Idaho’s “ag-gag” law unconstitutional.

The Idaho legislature passed the “ag-gag” bill back in 2014 as a response to a Los Angeles animal rights group that released a video exposing animal abuse on a dairy farm in Iowa.  The bill made it a misdemeanor for an individual to “interfere with agricultural production.”  Interference included various acts such as obtaining employment at an agricultural facility only to cause economic injury, intentionally damaging crops or machinery, and entering an agricultural operation that is closed to the public to make video recordings of the conditions on the premises.  The bill was signed on February 14, 2014 by Idaho Governor C.L. Otter, which then became Idaho Code § 18-7042.

According to the written opinion, the lawsuit was brought by the Animal Defense Fund, with other organizations, that argued the law was unconstitutional because “§ 18-7042 has both the purpose and effect of stifling public debate about modern agriculture ‘by (1) criminalizing all employment based undercover investigations; and (2) criminalizing investigative journalism, whistle blowing by employees…”  The constitutional arguments brought against § 18-7042 were “violation of the Free Speech Clause of First Amendment and the Equal Protection Clause of the Fourteenth Amendment…”    

In the written opinion, Winmill found § 18-7042 both violated Freedom of Speech under the First Amendment and could not stand under the Equal Protection Clause. 

Seven other states have passed similar “ag-gag” laws.  The Animal Legal Defense Fund has also brought a challenge to Utah’s “ag-gag” laws in federal court.

Written by Katharine Richter - Research Assistant

August 4, 2015