Manes and Tails Organization

When Congress Forgets...

2008-01-22T16:14:00.002-05:00

When Congress Forgets...

As we enter the second session of the 110th Congress, we still have to pass HR 503 and S. 311. There has been little movement on either bill.

It is important to note that any American can contact any member of a committee. The list of Committee members for S.311 whom have not yet cosponsored the legislation can be found can be found here. Please call these members and do not let the aides tell you that because you are not a constituent they do not have to talk to you. They do, and you must get their name, and make sure they take your information including your full name and address and telephone number. Request a letter from the Senator to confirm that your call has been logged and the information delivered to the Senator.

There is a podcast attached to this blog and you can listen to it by clicking on the link at the top of the page, or you can click here. This is an .mp3 file and will play on any player. Some players download the data from the server before the podcast will start to play. You may have to wait for the full download and press the 'play' button on your media player.

I thank Dr. Lester Friedlander, DVM and former Chief USDA inspector for his eye witness reports regarding the amount of time it takes horses and all animals struck by the captive bolt to regain full consciousness. Former AVMA President, Dr. Bonnie V. Beaver's testimony before two House subcommittees in July of 2006 can be found here.

Copyright January 23, 2008
Ellen-Cathryn Nash
President
Manes & Tails Organization

A Paltry 0.3% of Purse for Retired Thoroughbreds? Insufficient, Insulting, and Irresponsible!

2007-07-22T17:44:00.000-04:00

''Secretariat'
'Secretariat' was the ninth Triple Crown Winner and to date no horse has bested his times. 'Secretariat' had a wonderful retirement, however, other excellent horses have not fared so well. 'Ferdinand' won not only the Kentucky Derby, but also the Breeders Cup Classic.

'Ferdinand'
'Exceller' was the only horse in American racing history to defeat two Triple Crown winners. In the 1978 Jockey Club Gold Cup, 'Exceller' bested both 'Seattle Slew' and 'Affirmed.' Neither 'Ferdinand' nor 'Exceller' had any retirement at all. They were brutally slaughtered at the direction of their owners in Japan and Sweden when they failed to pass their talents to their offspring.

'Exceller'
On July 20, 2007, the California Horse Racing Board announced that they will request a paltry 0.3% of a purse be donated to finance retirement homes for horses that race in California. To the state of California's credit, horse slaughter was banned there in 1998. Despite that, progress remains slow for improved welfare of retired Thoroughbred racehorses. Of course, this very promising idea originated with author Bill Heller as he established the 'Ferdinand Fee.' There is an 'out' clause regarding these small fees; they are voluntary! This is like loose change!! The fees should be absolutely mandatory.

Every horse owner must have a retirement plan in place whether or not the horse is a tremendous athlete such as 'Ferdinand' and 'Exceller' were, or a service horse such as a Mounted Police horse (many MPUs including Lexington, Kentucky do not have a retirement plan for their equine officers), or a beloved companion. Michael Blowen of Old Friends recovers as many studs standing overseas as he can, however, he cannot take them all, even if it were possible to buy all the studs and bring them home. The famous horses are not the only horses deserving of a safe retirement. The Thoroughbred industry is making a positive move, albeit a very weak one. They must do better. We all must do better.

Please note: There are links to pedigrees and racing videos in the content of this blog.

Ellen-Cathryn Nash
President
Manes and Tails Organization

Non Issue? We think not.

2007-05-28T19:46:00.000-04:00

The Captive Bolt Pistol
This does not kill the horses or any other equid.

Among the many responses to the blog entitled 'Beyond Stupid' was a particularly staggering response from an alleged horse protection activist. This 'activist' claims the State of Illinois continuing to allow horse slaughter for carnivore consumption, as well as privately owned horses not intended for human consumption, is a 'non issue'.

This person justifies their contention of this being a 'non issue' by stating the market for carnivore consumption is small, therefore, not too many horses will be slaughtered. ONE slaughtered horse is one too many. The low prices Cavel International is able to charge the zoos compared to slaughtering for human consumption abroad means they will operate at a steady loss and employ only a skeleton crew of their illegal aliens as they pursue their appeal.

Privately owned horses may be brought to Cavel International and slaughtered for a fee. Cavel International manager Jim Tucker has long held that he is providing a service and is simply recycling a resource. Watch him state so by viewing this video from CBS News. The only way the meat from the sub-set of privately owned slaughtered horses can be sold is to be included amongst the horses slaughtered for carnivore consumption.

Cavel International is permitted to engage in interstate commerce to sell the meat of horses slaughtered specifically for carnivores because the Illinois Horse Meat Act expressly allows this. The statute only bans slaughter for human consumption.

One cannot logically, ethically, morally or seriously identify him or her self as an activist working against slaughter of horses if slaughter for any reason with the exception of human consumption is considered a 'non issue'.

Attempting to justify the legality of this type of slaughter as a 'non issue' is paramount to declaring there are exceptions to the banning of horse slaughter that are acceptable. There is absolutely no justification for slaughtering a horse, pony, donkey, mule, or their foals. Horse slaughter is never acceptable.

This 'activist' should view this graphic video of the captive bolt in action documented by the Humane Farming Association. Count how many times this horse was assaulted by the captive bolt. The horse regained consciousness approximately THIRTY SECONDS after being stunned. The horse was fully aware that it was being vivisected.

Does this alleged activist truly think that the use of the captive bolt on the horses slaughtered at Cavel International is any different than that which is documented here? Is it done more efficiently? Does it require less than one blow unlike the horse shown in the video had suffered?

It is a well documented fact that the captive bolt always requires more than one attempt. Do the horses experience less terror? The answer is no. It is not possible. This 'activist' is truly beyond stupid. The 'non issue' argument fails prima facie. Miserably.

Ellen-Cathryn Nash
President
Manes and Tails Organization

Beyond Stupid

2007-05-26T01:29:00.000-04:00

Illinois

'Stupid'

Adjective

1. Lacking mental and physical alertness and activity: hebetudinous, lethargic,sluggish, stuporous, torpid.

The following is the text of the amended Illinois Horse Meat Act which was signed into Law on Thursday, May 24, 2007. Why is this statute stupid? Let me spell it out. This statute prohibits the slaughter of horses and their cousins in the state of Illinois for human consumption. This statute does not prohibit the slaughter of horses and their cousins for consumption by carnivores in zoos.

Essentially, Cavel International will still slaughter horses as they will not be in violation of the new law as long as the horse meat is used to feed lions, and tigers, and bears. It is unclear how much of a demand exists for horse meat at zoos, however, it is believed to be small. Furthermore, there is a very active educational campaign for zookeepers regarding feeding horse meat to their carnivores.

The tragedy is that if the 'and for other purposes' clause had been included, no equids would be allowed to be slaughtered for any reason in Illinois. One equid slaughtered for zoo food is one too many. Someone committed an enormous, unforgivable, egregious error when drafting the legislation. It is almost as if they didn't want horse slaughter to ever end.

Of course, Cavel is suing. The Chicago Tribune reports that:

Owner of DeKalb horse slaughterhouse sues over state ban
Published May 26, 2007

Cavel International Inc., a Belgium-based company that operates a horse slaughterhouse in DeKalb, filed suit Friday in federal court seeking to nullify a state law that closed down the plant.

The law, signed Thursday by Gov. Rod Blagojevich, prohibits the import, export, possession and slaughter of horses intended for human consumption.

Cavel's suit argues the law is an unconstitutional exercise of the state's police power because it does not protect any legitimate health or safety interest.

The suit seeks a temporary restraining order that would allow the plant to continue operating while the suit is being litigated. [End of Chicago Tribune quote].

These grounds are incredibly weak and it is doubtful that Cavel will have any success beyond racking up huge legal fees.

Here is the statute:

Public Act 095-0002

HB1711 Enrolled
LRB095 07034 RAS 27156 b

AN ACT concerning horses.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Horse Meat Act is amended by adding Section 1.5 as follows:

(225 ILCS 635/1.5 new)

Sec. 1.5. Slaughter for human consumption unlawful.

(a) Notwithstanding any other provision of law, it is unlawful for any person to slaughter a horse if that person knows or should know that any of the horse meat will be used for human consumption.

(b) Notwithstanding any other provision of law, it is unlawful for any person to possess, to import into or export from this State, or to sell, buy, give away, hold, or accept any horse meat if that person knows or should know that the horse meat will be used for human consumption.

(c) Any person who knowingly violates any of the provisions of this Section is guilty of a Class C misdemeanor.

(d) This Section shall not apply to:

(1) Any commonly accepted noncommercial, recreational, or sporting activity.
(2) Any existing laws which relate to horse taxes or zoning.
(3) The processing of food producing animals other than those of the equine genus.

(225 ILCS 635/14 rep.) (from Ch. 56 1/2, par. 253)

Section 7. The Illinois Horse Meat Act is amended by repealing Section 14.

Section 10. The Animals Intended for Food Act is amended by changing Section 2.1 as follows:

(410 ILCS 605/2.1) (from Ch. 8, par. 107.1)

Sec. 2.1. When in the interest of the general public and in the opinion of the Department of Agriculture it is deemed advisable, the Department has authority to quarantine or restrict any and all animals intended for human consumption that contain poisonous or deleterious substances which may render meat or meat products or poultry or poultry products from such animals or poultry injurious to health; except in case the quantity of such substances in such animals does not
ordinarily render meat or meat products or poultry or poultry products from such animals injurious to health.

The Department or its duly authorized agent shall investigate or cause to be investigated all cases where it has reason to believe that animals intended for human consumption are contaminated with any poisonous or deleterious substance which may render them unfit for human consumption.

The Department or its duly designated agent in performing the duties vested in it under this Act is empowered to enter any premises, barns, stables, sheds, or other places for the purposes of administering this Act.

The Department may allow the sale or transfer of animals under quarantine or restriction subject to reasonable rules and regulations as may be prescribed.

For the purposes of this Act, the term "Animal" means cattle, calves, sheep, swine, horses, mules or other equidae, goats, poultry and any other animal which can be or may be used in and for meat or poultry or their products for human consumption.
(Source: P.A. 77-2117.)

Section 15. The Illinois Equine Infectious Anemia Control Act is amended by changing Section 4 as follows:

(510 ILCS 65/4) (from Ch. 8, par. 954)

Sec. 4. Tests of equidae entering the State.

All equidae more than 12 months of age entering the State for any reason other than for immediate slaughter shall be accompanied by a Certificate of Veterinary Inspection issued by an accredited veterinarian of the state of origin within 30 days prior to entry and shall be negative to an official test for EIA within one year prior to entry. Equidae entering the State for immediate slaughter shall be accompanied by a consignment direct to slaughter at an approved equine slaughtering establishment.
(Source: P.A. 86-223.)

Section 20. The Humane Care for Animals Act is amended by changing Sections 5 and 7.5 as follows:

(510 ILCS 70/5) (from Ch. 8, par. 705)

Sec. 5. Lame or disabled horses. No person shall sell, offer to sell, lead, ride, transport, or drive on any public way any equidae which, because of debility, disease, lameness or any other cause, could not be worked in this State without violating this Act, unless the equidae is being sold, transported, or housed with the intent that it will be moved in an expeditious and humane manner to an approved slaughtering establishment. Such equidae may be conveyed to a proper place for medical or surgical treatment or, for humane keeping or euthanasia, or for slaughter in an approved slaughtering establishment.

A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 92-650, eff. 7-11-02.)

(510 ILCS 70/7.5)

Sec. 7.5. Downed animals.

(a) For the purpose of this Section a downed animal is one incapable of walking without assistance.

(b) No downed animal shall be sent to a stockyard, auction, or other facility where its impaired mobility may result in suffering. An injured animal other than those of the equine genus may be sent directly to a slaughter facility.

(c) A downed animal sent to a stockyard, auction, or other facility in violation of this Section shall be humanely euthanized, the disposition of such animal shall be the responsibility of the owner, and the owner shall be liable for any expense incurred.

If an animal becomes downed in transit it shall be the responsibility of the carrier.

(d) A downed animal shall not be transported unless individually segregated.

(e) A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.
(Source: P.A. 92-650, eff. 7-11-02.)

Section 25. The Humane Slaughter of Livestock Act is amended by changing Section 2 as follows:

(510 ILCS 75/2) (from Ch. 8, par. 229.52)

Sec. 2. As used in this Act:

(1) "Director" means the Director of the Department of Agriculture of the State of Illinois.

(2) "Person" means any individual, partnership, corporation, or association doing business in this State, in whole or in part.

(3) "Slaughterer" means any person regularly engaged in the commercial slaughtering of livestock.

(4) "Livestock" means cattle, calves, sheep, swine, horses, mules, goats, and any other animal which can or may be used in and for the preparation of meat or meat products for consumption by human beings or animals.

"Livestock", however, does not include horses, mules, or other equidae to be used in and for the preparation of meat or meat products for consumption by human beings, which is prohibited under Section 1.5 of the Illinois Horse Meat Act.

(5) "Packer" means any person engaged in the business of slaughtering or manufacturing or otherwise preparing meat or meat products for sale, either by such person or others; or of manufacturing or preparing livestock products for sale by such person or others.

(6) "Humane method" means either (a) a method whereby the animal is rendered insensible to pain by gunshot or by mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or (b) a method in accordance with ritual requirements of the Jewish faith or any other religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
(Source: Laws 1967, p. 2023.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.

According to Sec. 2. As used in this Act:

(6) "Humane method" means either (a) a method whereby the animal is rendered insensible to pain by gunshot or by mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or (b) a method in accordance with ritual requirements of the Jewish faith or any other religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
(Source: Laws 1967, p. 2023.)

This means that equids intended for carnivore consumption will experience the pain and terror of being slaughtered by the use the penetrating captive bolt. Analysis of the Humane Slaughter Act of 1958, amended in 2002, reveals that the use of the penetrating captive bolt is beyond inhumane; it is illegal according to the definitions of the statute.

The Illinois Horse Meat Act does not protect equids bound for carnivore consumption. The state of Illinois invites equids to be slaughtered for carnivore consumption. This statute fails as some equids are still legally eligible to be slaughtered.

'The Jungle'
What an incredibly well researched statute. The author(s) of the Illinois Horse Meat Act are beyond stupid. They are completely incompetent and had absolutely no business drafting a horse protection bill at all. They should have read 'The Jungle' by Upton Sinclair to learn about the true horror of all slaughter. 'Cliff Notes' are available. I recommend investing in at least a copy of those.

Ellen-Cathryn Nash
President
Manes & Tails Organization

'The Big Debate'

2007-05-18T01:06:00.000-04:00

The Big Debate

Recently The Horse presented a poll regarding horse slaughter. As a mouthpiece for the completely pro slaughter AAEP the poll was attempting to prove that the majority of respondents were pro slaughter. The question posed was 'Do you support or oppose a federal ban on horse slaughter?'

When they discovered that respondents were overwhelmingly anti slaughter, they created a follow up poll. This follow up was not even close to a Gallop poll by any stretch of the imagination. It was laughable with its imprecision, clearly begging their question, and ignoring significant facts about anti slaughter horse lovers.

The second poll asked if respondents could rescue a horse or horses, how many, and also required the email address, physical address and telephone number of the respondents.

The poll was completely skewed as many people who are anti slaughter are not horse owners, nor do they have any involvement in the horse industry beyond watching the Triple Crown races. The Horse proved absolutely nothing with the results of the follow up poll.

Here are the results of the 'Do you support or oppose a federal ban on horse slaughter? poll:

Do you support or oppose a federal ban on horse slaughter?

I oppose slaughter in every circumstance. 51.93% (2818)

I oppose slaughter for human consumption. 5.69% (309)

I support slaughter for humane euthanasia only. 14.78% (802)

I support owners' rights to choose slaughter for any reason. 27.60% (1498)

Total Votes: 5427

The State of Illinois passed a law banning horse slaughter in their state, as did the state of Texas. This means that at least three slaughter houses are closed. Dallas Crown is allegedly slaughtering horses for zoo food for carnivores. This is not against the Texas law. There is also Bravo Packing located in New Jersey and their killer buyers frequent the Camelot Auction. Bravo also slaughters for zoos. As with Dallas Crown, Bravo is not violating any New Jersey laws when they slaughter for carnivores.

It is imperative that the pending legislation passes as soon as possible. This will prevent the export of American horses to Mexico, Canada, and Japan. It will also force the closure of the 'back yard' slaughterhouses.

If you have yet to contact your two Senators and one Representative, you may find the directory of the 110th Congress here. Please do the following: Call the District office, write a letter, and send a fax. E-mail can be purged and never read.

Ellen-Cathryn Nash
Manes and Tails Organization

The reference for the poll can be found at
The Horse.com

What's the Deal with These 'Blacklists'??

2007-05-15T18:13:00.000-04:00

Who Appointed a CIA for Horse Rescue Organizations??
Lately, there has been a flurry of 'blacklist' postings on some horse rescue web sites regarding other horse rescue organizations. The rescues doing the blacklisting and the rescues being blacklisted will not be identified here.

To post statements on the web that are untrue is criminal libel which is a felony. The party being libeled may sue the party who has done the libeling. Rather than libel an organization, if you have questions about the quality of care the rescue is providing for their horses and other animals, first call the local authorities, then the ASPCA, the HSUS, or PeTA and ask them to investigate.

It is true, and the IRS will confirm this, that if a rescue organization that does not have a Federal or State 501(c)(3) or similar recognized State status it cannot legally accept donations of any kind. For the State 501(c)(3) organizations you must contact the State Division of Revenue to verify the State status. All rescue organizations, whether Federal or State, must have their EIN posted on their mission statement page.

If your organization has been libeled then you must sue the party that has libeled you. All of this is very counterproductive for the horses and rescues that do an excellent job with their mission of saving and rehabbing horses from slaughter. What has been discovered is there are people who dislike others, so they are reporting them to these web sites who have these blacklists. Some of the organizations with these lists are not valid rescues as they have been denied either the State or Federal status, but they trade as valid rescues. This is illegal.

Receiving dozens of emails in one day regarding someone who has been blacklisted is a waste of bandwidth in more ways than one. If you know the rescue suffering the effects of the Scarlet B, of course you have to defend them. This takes time and there is absolutely no need for this as this should not exist in the first place. 'Blacklists' should be banned regarding rescues. If you know unethical individuals that you have adopted horses to, then post information only about them.

Leave the investigating to the professionals, especially when an organization being accused is not even in the same state as the accuser!!!

Ellen-Cathryn Nash
Founder and President
Manes and Tails Organization
EIN: 90-0182985

Why Horse Slaughter is Illegal!

2007-04-22T09:21:00.000-04:00

USE OF THE 'PENETRATING CAPTIVE BOLT' AS A MEANS OF RENDERING EQUINES INSENSIBLE FOR SLAUGHTER VIOLATES ‘THE HUMANE SLAUGHTER ACT OF 1958’

I. The Humane Slaughter Act of 1958

The Humane Slaughter Act ("HSA"), was first enacted in 1958, and amended in 1978 and 2002. HSA requires slaughterhouses to render livestock unconscious before they are killed. On May 13, 2002, President George W. Bush signed into law the "Farm Security and Rural Investment Act of 2002" (Public Law 107-171), which includes a Resolution that the Humane Methods of Slaughter Act of 1958 should be fully enforced to prevent the needless suffering of animals. It also calls upon the Secretary of Agriculture to track violations "and report the results and relevant trends annually to Congress." In January 2004 the General Accounting Office investigated violations of the ‘Humane Methods of Slaughter Act’ which amended the Federal Meat Inspection Act and extended the policy nationwide by requiring that all federally inspected slaughter establishments adopt humane handling and slaughter methods. The results of the GAO investigation can be found at http://www.gao.gov/new.items/d04247.pdf.

PRIMARY CITATION: 7 USC 1901 – 1907

7 U.S.C.A. § 1901 Findings and Declaration of Policy

The Congress finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economies in slaughtering operations; and produces other benefits for producers, processors, and consumers which tend to expedite an orderly flow of livestock and livestock products in interstate and foreign commerce. It is therefore declared to be the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods.

7 U.S.C.A. § 1902 Humane Methods

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling is hereby found to be humane:

(a) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or

(b) by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.

II. Captive Bolt/Exsanguination: Method of Achieving Insensibility Used in the United States

The penetrating captive bolt followed by immediate exsanguination (bleeding out) has been the preferred method of achieving insensibility of equines in American slaughterhouses since the early 1980’s. The mode of action of a penetrating captive bolt gun is concussion and trauma to the brain. This requires that it be held firmly against the surface of the head over the intended site. Because placement and positioning of the projectile is critical, some degree of restraint is required for proper use of this device.

While the destruction of brain tissue with the penetrating captive bolt may be sufficient to result in death, operators are strongly advised to ensure death by exsanguination.

(Source: http://lacs.vetmed.ufl.edu/HumaneEuthanasia/Ex.htm)

It is important to note that in the foreign owned equine slaughterhouses operating in the United States, no form of restraint is used when the equine is in the kill chute or ‘knock box’ waiting for the penetrating captive bolt to be applied. In some instances, it takes several attempts to effectively apply the penetrating captive bolt the equine, if this is achieved at all. The use of the penetrating captive bolt is in violation of 7 U.S.C.A. § 1902 (a) of the Humane Slaughter Act as this methodology requires more than one blow and is inefficient at rendering equines immediately insensible.

(Sources: (i) Dr. Lester Friedlander, DVM and former Chief USDA Inspector, and (ii) Humane Farming Association video documentation at http://www.manesandtailsorganization.org/media.html)

Use of the captive bolt causes extreme pain.

In a study conducted at Hanover University, EEG and ECG recordings were taken on all animals to measure the condition of the brain and heart during the course of slaughter and stunning. EEG readings showed that although the animals were apparently unconscious soon after stunning with the penetrating captive bolt, they were experiencing severe pain immediately after stunning.

(Source: http://www.themodernreligion.com/misc/an/an_slaughter.htm)

Horses regain consciousness approximately 30 seconds after the captive bolt is applied.

Due to the inherent differences in skull structures of bovines and equines, each species reacts to the captive bolt differently. The brain of an equine is further back in the skull compared to a bovine. The equines regain consciousness and are not insensible to pain shortly after they are shackled and hoisted. Therefore, they are very much aware of being butchered alive.

(Source: Dr. Lester Friedlander, DVM and former Chief USDA Inspector.)

III. No Other Methods of Equine Slaughter Comply with the HSA of 1958

(1) Electrocution – has been defined as 'cruel' by the American Horse Show Association in response to owners who have electrocuted their horses for insurance money. Federal Courts have upheld the Association's contention that electrocution is cruel. Therefore, it cannot be used as a method of humane slaughter for equines.

(2) Drug Overdose – this method saturates the tissues and leaves residues thereby making the meat inedible.

(3) Carbon Monoxide – this method saturates the tissues and leaves residues thereby making the meat inedible.

(4) .22 Caliber Gun Shot – This particular firearm is inappropriate for equines due to the thickness of the skull structure of an equine. Using the .22 caliber rifle does not achieve instantaneous insensibility of equines. Larger caliber firearms such as a 9mm or .357 are required to efficiently penetrate the skull and cause the massive brain destruction necessary to achieve instantaneous insensibility. (Source: Procedures for Humane Euthanasia of Sick, Injured and/or Debilitated Livestock - http://lacs.vetmed.ufl.edu/HumaneEuthanasia/gun.htm). Additionally, the horse cannot be restrained and this method is dangerous to workers.

IV. The American Veterinary Medical Association and the American Association of Equine Practitioners Positions Regarding Equine Slaughter

Both the American Veterinary Medical Association and the American Association of Equine Practitioners deem the use of the penetrating captive bolt ‘acceptable.’ The American Veterinary Medical Association 2000 Report of the AVMA Panel on Euthanasia evaluated Euthanasia according to this criterion:

(1) ability to induce loss of consciousness and death without causing pain, distress, anxiety, or apprehension;

(2) time required to induce loss of consciousness;

(3) reliability;

(4) safety of personnel;

(5) irreversibility;

(6) compatibility with requirement and purpose;

(7) emotional effect on observers or operators;

(8) compatibility with subsequent evaluation, examination, or use of tissue;

(9) drug availability and human abuse potential;

(10) compatibility with species, age, and health status;

(11) ability to maintain equipment in proper working order; and

(12) safety for predators/scavengers should the carcass be consumed.

The use of the penetrating captive bolt gun does not meet the AVMA Panel's criteria regarding "loss of consciousness and death without causing pain, distress, anxiety, or apprehension." Unlike bovines (which the penetrating captive bolt was designed for) equines possess different skull structures, are flight animals, and attempt to flee the 'knock box' or 'kill chute.' That being the case, it takes numerous attempts before the animal is properly stunned, if this is achieved at all.

From documentation provided by the Humane Society of the United States and the Humane Farming Association it is clear that these equines are feeling pain due to the number of attempts taken to stun them, and are extremely distressed, anxious, and apprehensive.

This invalidates criteria 1, 2, 3, 6, and 10 of the AVMA's criterion for 'humane euthanasia.'

The AVMA position regarding the use of the penetrating captive bolt is in violation of 7 U.S.C.A. § 1902 (a) of the Humane Slaughter Act as this methodology requires more than one blow and is inefficient at rendering equines insensible.

CONCLUSION

The use of the penetrating captive bolt is in violation of the Humane Slaughter Act generally, and 7 U.S.C.A. § 1902 (a) specifically. Any other method of slaughter as applied to equines is in violation of the Humane Slaughter Act of 1958 generally, and 7 U.S.C.A. § 1902 (a) specifically.

© 2005 Ellen-Cathryn Nash for Manes & Tails Organization with contributions from Vivian Farrell of the Int'l Fund for Horses & Dr. Lester Friedlander, DVM

Response to Tribune-Chronicle

2007-04-14T00:25:00.000-04:00

April 13, 2007

John Parker
Tribune-Chronicle
240 Franklin St. SE
Warren, OH 44482

Dear Mr. Parker,

In response to your editorial dated April 13, 2007 entitled 'Ban would lead to neglected horses' please consider this:

1. Horse slaughter is a violation of the

Humane Slaughter Act of 1958.

This Federal statute has been amended twice, most recently in 2002 when it was strengthened. This is the legal grounding of the anti-slaughter position. This is irrefutable and it is not possible to defend horse slaughter due to the stipulations of this statute. Therefore, it is illegal to slaughter a horse, or any other equid, in the United States of America.

2. The following zoos no longer feed horse meat to their carnivores:

Austin Zoo
Lincoln Park Zoo
Brookfield Zoo
Columbus Zoo

These zoos are aware of the drugs that horses ingest that saturate the tissues and are not fully purged by the body. Horse meat is simply dangerous to carnivores as well as humans.

3. Horse meat has not been an ingredient in domestic animal food for over 25 years, for exactly the same reason that all zoos are moving towards eliminating horse meat from their carnivore diets.

4. From the USDA web site regarding Federal Inspection:

"Numbers refer to the amount killed in Federally Inspected plants, and are not necessarily inspected."

The plants are not inspected on a regular basis, and that is a direct quote from the USDA web site. No animal is guaranteed federal protection or humane treatment while at the slaughterhouse.

5. The horse slaughter ban is a matter of Law, not an 'animal rights' issue. It is simply folly to assert that the Humane Society of the United States or PeTA will ever ban the slaughter of animals raised for food, which horses are not. PeTA may want people to convert to vegetarianism or veganism, however, that is a personal choice and not one that will ever be legislated.

6. A ban on horse slaughter will not lead to a ban on the production of food animals or the jobs associated with them.

7. Regarding the organizations that oppose HR 503 and S. 311, the American Quarterhorse Association breeders delivered over 120K live foals in 2006. The majority of horses slaughtered in the United States are American Quarterhorses. It follows logically that far too many horses are bred every year by the AQHA especially. How about legislating the breeding of horses?

8. The American Veterinary Medical Association classifies horses as companion animals. See the following brochure on the AVMA web site that discusses

'How do I know it's time?'

There is absolutely no question that the AVMA is catering to the cattle industry as they have many more bovines to care for than equids. The AAEP follows what the parent organization does. That these organizations support horse slaughter is contradictory.

9. Let us compare the native abilities of the food animals to the horses:

A. Horses have carried our cavalry into battle.

B. Horses, not bovines, porcines, lambs, or fowl, march in Presidential funeral processions.

C. Horses, not bovines, porcines, lambs, or fowl, are service animals as are the dogs on the K-9 units. There are over 90 horses on the New York City Mounted Police Unit and the Mounties do indeed make arrests with the assistance of their mounts. It is a felony to strike a police horse in New York City, Houston, and many states that have Mounted Police Units.

D. Horses are therapy animals for stroke victims, people with auto-immune diseases such as Multiple Sclerosis, and for rehabilitation from accidents requiring the improvement of balance.

E. In 1973, 'Time' magazine awarded 'Secretariat' the Athlete of the Year. 'Secretariat' was a horse.

10. The 'Private Property' issue.

When a horse owner has his or her horse (or horses) stolen and slaughtered they suffer not only material harm, but psychological harm as well. These owners can never recover that which they have lost.

One cannot invoke the Fifth Amendment to the Constitution's 'Takings Clause' in this case as the mere existence of the slaughter industry enables the private property rights of horse owners to be violated via their horses being stolen and slaughtered.

11. Unwanted Horses

Only a handful of owners have directly taken their horse to a slaughterhouse for slaughter. The brand managers at the plants do NOT check the brands a horse may bear, or for microchips until after the slaughtering has been done. Horses are for sale and 'killer buyers' look for the youngest, healthiest horses in good weight. These horses would have been sold to a private owner if they could out bid a killer buyer.

Every horse that is spared from slaughter continues to contribute to the economy. Finally, slaughter is not 'euthanasia.'

Are you able to refute my argument based on a Federal statute and an amendment to the Constitution?

Sincerely,

Ellen-Cathryn Nash
Founder & President
Manes and Tails Organization

Is the Rescue Organization You are Donating to a Federal or State 501(c)(3)?

2007-04-01T17:15:00.000-04:00

'Bullwinkle'
A 'Seattle Slew' son saved from slaughter.

Every Federal and State 501(c)(3) Organization has a FEIN from the Internal Revenue Service. The Manes and Tails Organization is a State 501(c)(3) Non-Profit Corporation and our FEIN is: 90-0182985. We have not applied for the Federal status due to the expense of the application fee which is $750.00. We are allowed to give tax deductions for all donations we receive and we are also a member of Guidestar.

Many organizations that claim they are non-profits simply are not. In addition to checking on Guidestar (which lists both Federal and State 501's), donors can check with the IRS.

Donors are encouraged to check the credentials of any rescue organization before writing that check or sending that donation via PayPal. It is a shame when donors get 'taken for a ride' as this prevents valid non-profits from getting donations as there is only so much to give!

Ellen-Cathryn Nash
Founder & President
Manes and Tails Organization

DC Circuit Court Did NOT End Horse Slaughter!

2007-03-30T09:30:00.000-04:00

On March 28th, 2007 a DC Circuit Court Judge ruled that the 'fee for services' program created by the USDA was a violation of procedure and also violated the NEPA. This lawsuit was regarding the independent inspectors' 'fee for services' only.

The Humane Society of the United States issued a press release which was misinterpreted by many. At the end of the release it states: "Because the Congressional Act cutting funding for horse slaughter expires in September, The HSUS is calling on Congress to pass the American Horse Slaughter Prevention Act (H.R. 503 and S. 311) to settle the matter permanently."

Although Cavel has been forced to close, horses can still be exported to Mexico and Canada. Beltex has been exporting horses to Mexico for months. As the amendment that defunded the USDA inspectors expires on September 30, 2007, there is nothing preventing Beltex and Dallas Crown or even Cavel from setting up operations in another state.

Representative Bob Goodlatte (R-VA)

Representative Bob Goodlatte (R-VA) will most likely attempt to open a facility in Virginia. Given that the legislation in Congress is progressing at a snail's pace, Goodlatte could help a slaughterhouse become operational before Congress acts on the legislation.
HR 503 has 138 cosponsors as of March 28, 2007. S. 311 has 23 cosponsors as of March 13, 2007.

Ellen-Cathryn Nash
Founder & President
Manes and Tails Organization

March 28th, 2007 Request for 'Ferdinand' Memorial

2007-03-28T17:25:00.000-04:00

'Ferdinand'
On March 28th, the Manes and Tails Organization contacted Representative Ed Whitfield (R-KY) regarding an on air pre-race memorial for the 1986 Kentucky Derby winner 'Ferdinand' at this year's Derby.

Representative Whitfield has been very supportive, as has Bill Heller the author of 'After the Finish Line' and founder of the 'Ferdinand Fee.' At this year's Kentucky Derby, there will be a tribute to 'Barbaro' the undefeated winner of last year's Derby who absolutely put in a 'sublime performance' during the race.

'Barbaro'
'Barbaro's' life tragically ended after a long fight to recover from the injuries he sustained during the Preakness. A beautiful fan video of Barbaro has been created by Carrie Kaiser.

We sincerely hope that NBC Sports will rearrange the pre-race programming to accommodate 'Ferdinand' who not only won the Kentucky Derby, but the Breeders' Cup Classic and was honored with Horse of the Year in 1987.

Ellen-Cathryn Nash
Founder & President
Manes and Tails Organization

Are you an Activist or a 'Slactivist'?

2007-03-24T18:38:00.000-04:00

'Exceller'
The only horse to defeat two Triple Crown Champions. Slaughtered in Sweden in 1997.

Are we activists or 'slacktivists'? We receive email alerts directing us to a particular web site so we may be informed about a current campaign to help animals or the environment. We click on the link to sign the petition and we feel good. In just a moment, with our computer in the comfort of our home, we have made a difference. Or have we?

When dealing with the United States Congress here are a few things of which most citizen activists are unaware.

1. Petitions

Unless the petition you have clicked (and hopefully added a comment in your own words) is from a large organization such as the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals, or some other similar organization with a lot of name recognition, the petition may never be sent to the intended target.

Individuals who draft petitions are responsible for generating the signature report and delivering it to the target. This may require a lot of time printing the signatures - which are email addresses - and some petitions do not include the city, state, zip code or country. In this sense, the petitions can be regarded as ineffective. Even if the signature report is sent to the target, it may be regarded as incomplete information; which it is.

It is interesting to note that PeTA never issues alerts with point and click petitions. Rather, they supply the name, street address, the phone number of the targets and encourage citizen activists to write letters. They also emphasize the importance of being courteous.

2. Email

All members of Congress have individual web sites with their email addresses posted. However, many members have programs which send emails to trash, especially if the the email is not from a constituent. This may be determined by the use of filtering applications where contacts whom are not constituents are deleted. In short, they do not count.

3. Faxing

Faxing campaigns are among the most detested mechanisms confronted by Congressional aides. It takes a tremendous amount of time to log the faxes and separate the constituents from the non-constituents. It also interrupts the flow of routine correspondence and prevents other constituents from being able to get through their concerns through.

The most effective and legitimate method of contacting your Senators and Representative is the same as it was before the advent of technology. Letters (hand written letters carry more weight than typed letters), phone calls to the aides in District Offices where the call volume is much lighter than in DC, and a request to meet with the Senators or Representative in their offices in Washington, or in their District Office.

It is important to remember that we - the American taxpayers - pay the salaries of all members of Congress. However, this does not give us license to take advantage of technology to harass members of Congress. This is counter productive and rarely yields a positive result.

People who organize faxing campaigns swear that they have made an enormous difference in getting legislation to pass. This has proved NOT to be the case, especially with the American Horse Slaughter Prevention Act. Activists have been working to get this bill passed since the 107th Congress. The most progress we have had was with the 109th Congress when HR 503 passed in the House of Representatives only to become stalled in the Senate.

One of the targets of the Senate faxing campaign in the 109th Congress was Senator Frist. There was a rumor that Senator Frist had placed a hold on the bill; the result was a furious flurry of faxes and calls to Senator Frist and the only impact that had was to lose any modicum of support we could have gotten from the Majority Leader at the time.

It is now known that Senator Conrad Burns (R-MT) and Senator Saxby Chambliss (R- GA) had placed holds on S. 1915.

The organizers of the faxing campaign did not have the foresight or the understanding of Congressional process to organize a call for a cloture. This complete lack of understanding of how Congress works generally, and the different processes and procedures employed in both chambers led to the AHSPA failing again. Horses are still being brutally slaughtered in the United States, and are being exported to Mexico in greater numbers than ever before. So much for the success of the faxing campaigns and National Call In Days.

We must respect the processes and procedures that both chambers have created for us. If we continue to point and click, and email and fax ad nauseum, then we are slacktivists. More horses will be brutally slaughtered and we will have accomplished nothing - except the false feeling that we have made a contribution to the cause.

Ellen-Cathryn Nash
Founder and President
Manes and Tails Organization

Remember 'Ferdinand' on Derby Day!

2007-03-24T14:44:00.000-04:00

2007 is the 21st anniversary of 'Ferdinand's' Kentucky Derby win. Ferdinand also won the Breeders Cup Classic, and was awarded 'Horse of the Year' in 1987. Ferdinand was sent to Japan to stand stud, however, he was not successful as a stallion. It was discovered in 2002, Ferdinand had been slaughtered.

It is appropriate for Ferdinand to be memorialized this year at Churchill Downs on Kentucky Derby day. There has never been a truly public mention of this Breeder's Cup Classic winner and 1987 Horse of the Year being slaughtered. Author Bill Heller, the winner of the 1997 Eclipse Award for Outstanding Magazine Writing on Thoroughbred Racing founded the 'Ferdinand Fee' in 2005. In an effort to help end the slaughter of horses in the United States for human consumption, the New York Thoroughbred Horsemen's Association and the New York Racing Association partnered to launch the 'Ferdinand Fee,' the voluntary fee is $2 or higher ($5, $10, $25 and other are the other categories participating horsemen choose from).

This is appropriate, however, more needs to be done to raise awareness. It is time to not only honor Ferdinand's memory and accomplishments, but to educate horse lovers and racing fans about slaughter and the legislation in Congress. No horse should be a 'poster horse' for something tragic, however, if the collective feeling of goodwill generated by them inspires others to work to ban horse slaughter then their legacies will live on in a most meaningful way. An on air tribute during the pre-race coverage of the Kentucky Derby would be appropriate. The large majority of racing fans either do not remember him, and they surely are not aware of the vile end to his life.
If the Thoroughbred industry is truly supportive of the 'American Horse Slaughter Prevention Act', then they will be sure to let all horse lovers, especially fans of Thoroughbred racing, know that this horse was slaughtered for human consumption, just like hundreds of horses every Monday through Friday in the United States.

Remembering Ferdinand could actually help the legislation.

For Ferdinand to be marketed post mortem as 'Dine on an American Champion' needs to be addressed in a proactive manner.

Ellen-Cathryn Nash
Founder & President
Manes and Tails Organization