 Canadian Humane Animal Transport Law:
Under authority of the Health of Animals Act, subsection 138(2) of the Health of Animals (H of A) Regulations prohibit the transportation of an animal that by reason of infirmity, illness, injury, fatigue or any other cause cannot be transported without undue suffering during the expected journey. Non-ambulatory livestock transportation for purposes other than veterinary treatment or diagnosis, or in accordance with subsection 138(4) of the Health of Animals Regulations causes undue suffering and is therefore in contravention of subsection 138(2).
As required by subsection 138(4) of the Health of Animals Regulations, an animal that becomes non-ambulatory or otherwise unfit for transport while en route must be taken to the nearest suitable place at which it can receive proper care and attention. The Health of Animals Regulations apply to all animals transported to any destination, including all slaughter plants.
The Canadian Food Inspection Agency (CFIA) enforces these regulations.
According to CFIA policy a compromised animal is an animal with reduced capacity to withstand the stress of transportation, due to injury, fatigue, infirmity, poor health, distress, very young or old age, impending birth, or any other cause. Some compromised animals can be transported under certain conditions without being exposed to additional suffering. Others, such as non-ambulatory animals, animals with a body condition score indicating emaciation or weakness, or animals with severe lameness, would endure additional suffering during the transportation process and must not be transported except for veterinary treatment or diagnosis. This is true of any condition associated with pain that will be aggravated by transport.
Inspection of Horses Transported to Canada from the US
· Prior to 1990, CFIA observations and US studies showed humane horse transport infractions. As a result, CFIA started refusing entry to some loads of horses destined for slaughter in Alberta.
· As a result of this, by the early 90’s, a feedlot was set up on the US side near Sweetgrass. Since that time, and up until now, there have been very few problems regarding non-compliance of humane transport regulations.
· In 2001, the USDA instituted a law for the transport of horses for slaughter. It is contained in the USDA Code of Federal Regulations, Part 88—COMMERCIAL TRANSPORTATION OF EQUINES FOR SLAUGHTER. It is referred to as the US Rule. It prohibits the use of double decker trailers called ‘pots’ for transporting horses destined to slaughter and addresses condition of horses to be loaded. Only straight trucks or single-deck trailers are allowed to transport horses to slaughter to enable the inspector to see all of the horses and to provide the horses adequate head room.
· The US Rule only addresses loads for slaughter. It applies the regulations to " any individual, partnership, corporation, or cooperative association that engages in the commercial transportation of more than 20 equines per year to slaughtering facilities, except any individual or other entity who transports equines to slaughtering facilities incidental to his or her principal activity of production agriculture.” Thus, those hauling 20 or fewer horses per year, or who transport horses to slaughtering facilities incidental to his or her principal activity of production agriculture loads are not covered. Nor are loads of horses deemed to be riders or feeders. These horses can be loaded in pots.
· CFIA inspects imported US horses in sealed loads going straight to slaughter to maintain inspectional control regarding the humane transportation provisions of the H of A Regulations. CFIA simultaneously screens the horses for disease control purposes, but the primary reason for the inspection is to verify transport conditions and fitness for transport. Disease surveillance is not the primary reason for the inspections, because the Canadian and the USA horse populations are deemed to have the same disease status.
· Under the Canadian H of A Regulations Import reference document, section 5, if the import horses are going directly to slaughter, they must be:
1) accompanied by a USA-origin health certificate;
2) inspected by CFIA at the border on entry into Canada;
3) licenced by CFIA to be taken directly from the border entry point to a federally registered slaughter plant. The transporter must proceed directly to the plant. The horses may only be transported to the plant designated in the license;
4) the plant operator must slaughter the horses within 4 days of their arrival.
· CFIA has a shared enforcement agreement with the USDA, just for horses. The owner-shipper certificates for all imported non-compliant loads are sent to USDA and they (the USDA) match this with the shipper and take enforcement action in the event of non-compliance. CFIA also provides information on the number of horses on the load. Any horse that is not accompanied by an owner-shipper certificate represents non-compliance with the US Rule. CFIA shares information with USDA concerning non-compliance with their rules. CFIA takes enforcement action as appropriate in response to non-compliance with Canada’s federal Health of Animals Regulations.
Recent Action
· A CFIA Humane Transportation of Animals Specialist accompanied by a USDA official visited three horse slaughter plants and some of the border inspection points in early 2007. They found that the surveillance and enforcement policies were being delivered in accordance with CFIA policies and with the agreement with USDA for shared enforcement.
· Claims made by Animals Angels in its recent horse report in Quebec about enforcement were found to be inaccurate and refuted by CFIA officials.
Current Concerns
· With the closure of US horse meat plants, there are indications that US-origin horses are entering Canada for declared purposes other than immediate slaughter, but subsequently arrive at a Canadian slaughter plant. In so doing, they can avoid inspection by CFIA. This means the shipper/importer has had an approved negative test for Equine Infectious Anemia (EIA), also called a negative Coggins test, and obtained an international health certificate from a veterinarian in order to export the horse from the US. The horses are checked by Canadian Border Services Agency staff who collect a GST value and check the import health certificate and the negative Coggins test.
· These loads are not covered under the US Rule regarding humane conditions, because they are not destined for immediate slaughter. Horse imports are designated as either riders, feeders or for slaughter. If, they are deemed to be riders or feeders and are not subject to the US rule. In most cases these are mature horse and are transported in pots. These loads are not inspected at the border by CFIA, as again, they are not destined for immediate slaughter.
· This is consistent with recent US findings. Dr. Tim Cordes, National Coordinator Equine Health and Slaughter Horse Transport for USDA has confirmed that indeed veterinarians in the northern states are calling him to say there is an increase in the number of requests for EIA testing of large loads going to Canada for purposes other than slaughter. He states that major haulers of horses for slaughter to Canada that consistently use straight trucks or single-deck trailers, have reported seeing more trucks with two tier decks (pots) at horse assembly points in the US.
· It is reported that loads of horses transported in pots and, certified for purposes other than slaughter, are going briefly to a feedlot/assembly point or other location and then going to a meat plant. Or, some are going directly to a meat plant with holding yards.
· If an importer, owner, shipper or anyone for that matter, declares at the border that the horses are going to a feedlot, are saddle horses, or are entering Canada for any purpose other than immediate slaughter and then takes them straight to a slaughter plant, they have made a false declaration.
· The importation of horses directly to a slaughter plant without a licence issued by CFIA contravenes the H of A Regulation, Import Reference Document, section 5.
Humane Care
· Recent infractions of the H of A animal transport regulations include: inadequate head room, inadequate ventilation, unfit horses on the vehicles, more on the load than what is certified, and lack of segregation.
· Canada’s code of practice for the care and handling of horses states: “each animal must be able to assume a natural stance standing with four feet on the floor and have a full range of head and neck motion without touching the deck or roof of the vehicle or container. As a guide, it is recommended that there be at least 2.5 cm (1 in) of clearance for each hand of horse height at the withers.” It is impossible to ship large breed, mature horses in a two-tier trailer without contravening this code.
· The humane care and condition of these horses is a concern, as is the fact that these loads go undetected by avoiding inspection. The shippers are operating under the radar of inspection. The receivers are accepting horses transported in unacceptable conditions.
· All inhumane practices are inexcusable and they leave the entire horse industry open to the scrutiny of animal activists anxious to find horse neglect/abuse in Canada as they have done recently in Mexico. “If we tolerate what we know is wrong, it’s an invitation for animal activist escalation” says Dr. Byrne Rothwell.
· Dr. Cordes reported that the plants in Mexico that have been the focus of the animal activists are small, uninspected local plants and NOT the EU approved federal plants in Mexico. He warned the US horse industry and the USDA this would happen. It is likely, he said, that the very livelihood of the horse industry in Canada will be threatened by activists who do not believe horse meat should be eaten by anyone and are waiting to find examples of poor animal care in Canada.
In Summary
With the closure of the plants in the US, there has been a noticeable increase in the number of loads of horses being imported into Canada under, what we consider to be, false pretenses and unacceptable conditions. We are concerned about:
· Violations of the humane transport regulations: Horses are being transported in double-decker(pots) trailers, often without sufficient head room, in unfit to transport condition and poorly segregated
· False declarations: The loads are entering Canada as riders or feeders and, as a result are not subject to USDA veterinary inspection either at loading or at the border. We believe these unsealed loads are indeed going straight to meat plants, via an associated feed yard.
· Disease problems: Unknowingly importing diseased horses may compromise our Canadian herds. Unfit and uninspected horses are entering Canada
ACTION:
1. Circulate backgrounder notes to select groups.
2. Write the Minister of Agriculture and Agri-Food Canada stating the horse industry is concerned about this issue and request that CFIA inspection capacity is to deal with increase of the importation of horses going directly or indirectly to slaughter.
3. Put a letter out to all horse importers/receivers that the horse industry expects humane handling standards are practiced at all times and that it will not defend any neglect or abuse and is demanding greater inspection to ensure all horses coming into Canada do so humanely.
4. Request joint federal and provincial strategic unannounced inspection blitzes of horses transported in Canada.
5. Make sure key horse industry groups support the CFIA proposed changes to the animal transport regulations, specific to horses and the prohibition of ‘pots’ following the lead of the Saskatchewan Horse Federation.
6. Encourage Canadian companies to insist all truckers delivering to their plant take the Certified Livestock Transporter (CLT) training course.
7. Issue a strong statement (an industry release) about the expectation that all horses are transported according to H of A Regulations and the Alberta Animal Protection Act and its Livestock Transport Regulations and other provincial and federal regulations. Also add, laws are in place, we expect compliance.
8. Next steps………
This document and action plan is supported by:
§ The Alberta Equestrian Federation
§ Horse Industry Association of Alberta
§ Horse Racing Alberta
§ Alberta Farm Animal Care Council
§ Alberta Veterinary Medical Association
§ Alberta SPCA and RCMP, Alberta Livestock Inspection
§ Other members of the Alberta Equine Welfare Group including buyers, processor, marketers, researchers and government.
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