⚖️ Lecture 2: Animals in Other Forms of Regulations + Animals in International Law

Overview of Regulations – Stakeholder Organizations and Collaboration

Government Collaboration Organizations
 National Farm Animal Care Council (NFACC) – develops Codes of Practice
 Canadian Council on Animal Care (CCAC) – issues general guidelines and species-specific guidelines

Private Standards
 Quality-assurance programs or farm assurance programs
 Run by producers’ associations, companies, animal protection groups, etc.

Codes of Ethics
 Example: College of Veterinarians of Ontario (CVO)

National Farm Animal Care Council (NFACC)

Role
 Leads development of Codes of Practice for farm animals

Committees
 Scientists’ Committee and Code Development Committee include multiple stakeholders

Codes of Practice
 16 codes, including farmed salmonids, bison, and foxes
 Currently under revision: 5 codes

Animal Care Assessment Model (ACAM)
 Outlines process to develop an animal care assessment program
 Uses a multi-stakeholder process starting with a public comment period
 Unique approach to farm animal care

Codes of Practice

Development Process for NFACC Codes of Practice

Initiation
 National commodity or specialized industry group starts the development process

Purpose
 Develop new codes or update existing codes

Goals of Codes
 Provide information and education on animal care
 Offer reference material for regulations
 Serve as framework for animal care assessment programs

Dairy Farmers of Canada – On-Farm Animal Care Assessment Program

Program Development
 2012: Program Development Team started working on program based on Code of Practice requirements

Assessment Measures
 Input measures = resources, conditions, management strategies to meet animal needs
 Output measures = animal-based measures such as health, behaviour, and physical condition

Implementation
 Gradually implemented at farm level as part of ProAction program
 2-year benchmarking period: 2013–2014

Program Structure
 Consists of 6 modules: Milk quality, food safety, animal care, traceability, biosecurity, environment

ProAction – Scoring Output Measures

Purpose
 Assesses animal-based outcomes such as health, behaviour, and physical condition on farms

Implementation
 Part of Dairy Farmers of Canada on-farm Animal Care Assessment Program

ProAction – Decision-Making for Down Cattle

Purpose
 Provides guidance to producers on humane and timely euthanasia of down cattle

Implementation
 Part of Dairy Farmers of Canada on-farm Animal Care Assessment Program

Other Animal Care Assessment Frameworks – Canada

Purpose
 Provide species-specific animal care standards and assessment programs

Examples of Frameworks
 CERTIFUR CANADA – Mink Welfare Assurance
 Egg Farmers of Canada – CPEP (Canadian Poultry & Egg Processors)
 TVOC (Transformateurs de volailles & d'œufs du Canada)
 National Cattle Feeders Association – Association Nationale des Engraisseurs de Bovins
 Chicken Farmers of Canada – Les Producteurs de Poulet du Canada
 Turkey Farmers of Canada – Les Éleveurs de Dindon du Canada

Canadian Council on Animal Care (CCAC) – Program Features

Purpose
 Supports institutions in achieving high standards of ethical animal care and use in science

Benefits of CCAC Certification
 Applicable to private or government organizations, small colleges, or large universities
 Demonstrates commitment to ethical animal care and animal welfare in scientific research

Support and Services
 Flexible, integrated program tailored to institution’s needs
 Provides targeted assistance from experts
 Offers broad range of program services to meet distinct institutional goals

Quality Assurance Programs – Animal Welfare in Food Production

Purpose
 Recognize animal welfare as an important attribute of food quality
 Provide reassurance to consumers

Development
 Many programs developed over last 2–3 decades
 Programs may be science-based
 Welfare outcomes can vary widely

Initiators
 Retailers (e.g., fast food chains)
 Producers or producer groups
 Government standards (e.g., organic standards)
 Civil society standards (non-profit organizations)

Quality Assurance Programs – Societal Influence

Purpose
 Partly developed in response to growing societal concerns about livestock treatment

Landmark Case (Very Important Case for Legal Precedence)
 McDonald’s Corporation v Steel & Morris (1997), aka “McLibel”
 7-year trial spanning over 300 court days
 Justice Bell ruled McDonald’s is responsible for treatment of animals in their supply chain

Quality Assurance Programs – McDonald’s Animal Welfare Initiatives

Program Launch
 First major fast-food chain to introduce animal welfare auditing for meat suppliers
 1999: Quality Assurance Program launched

Partnerships
 Collaborated with Dr. Temple Grandin to develop program

Impact
 Set a new standard for other fast-food chains and retailers
 Program has expanded to additional areas of the supply chain

Quality Assurance Program – Organic (Government Standard)

Purpose
 Ensures food, feed, or seed products represented as organic meet national standards

Requirements
 Mandatory certification to revised Canadian Organic Standards
 Applies to products in import, export, and inter-provincial trade
 Products bearing the federal organic logo must comply

Codes of Ethics – Supporting Legislation

Purpose
 Support legislation by setting ethical obligations for professionals

Example – Ontario Veterinary Professionals Act (2024)
 Section 3(1), paragraph 6: College of Veterinarians of Ontario sets ethical obligations for members
 Non-compliance can result in disciplinary action under the Veterinary Professionals Act

Codes of Ethics – Decision-Making in Veterinary Practice

College of Veterinarians of Ontario (CVO)
 Provides an ethical decision-making tree for veterinarians

Key Points
 Laws generally prohibit certain actions or impose specific duties
 Ethical decision-making requires considering:
  • Interests of all parties in the veterinary-client-patient relationship
  • Best action may not align with legal action
  • Potential impacts of the decision

Example – “Cosmetic” Veterinary Surgeries

CVO Position
 Since 2016, the College of Veterinarians of Ontario has had a position on medically unnecessary veterinary surgeries

Reason
 Society raises concerns about unnecessary surgeries that alter animals without medical justification
 Examples include ear cropping, tail docking (cows, dogs), nicking (horses), and declawing

Ethical Concern
 Procedures have implications for animal welfare

Example – “Cosmetic” Veterinary Surgeries (continued)

CVO Statement
 The College, aligning with broad veterinary opinion, does not support unnecessary surgery on animals

Caution
 Without consistent changes to other animal welfare legislation, restricting veterinarians from specific surgeries could create unintended consequences that may compromise safe animal care

Request
 Legislative guidance is needed to ensure safe animal care

Example – “Cosmetic” Veterinary Surgeries (2025 Update)

Proposed Initiative
 In 2025, the Ministry of the Solicitor General of Ontario published a proposed initiative related to medically unnecessary veterinary surgeries

International Law – Relevance to Animals

Definition
 Rules governing relationships between countries and other global actors

Importance for Animals
 Livestock and animal by-products are traded internationally
 Species protection crosses national borders

Additional Note
 Carbon biomass = amount of carbon (tonnes) stored in an animal
 Poultry biomass exceeds wild bird biomass by more than 2×

International Law – Types and Scope

Public International Law
 Applies to sovereign states

Supranational Law
 Applies to states that transfer some sovereignty to a higher jurisdiction
 Examples: European Union (EU), International Criminal Court (ICC)

Private International Law
 Also called “conflict of laws”
 Deals with jurisdiction, foreign court rulings, and choice of law

Note
 Private international law was not covered in class

How International Law Works – Key Features

Sovereignty
 International agreements: signatory nations retain sovereignty
 Supranational agreements: sovereignty partially transferred to a supranational entity
 Definition: the right of a nation or people to self-govern and exercise ultimate authority over a specific geographic area

Decision-Making
 International agreements: always require consent, usually consensus or unanimity
 Supranational agreements: majority voting can impose binding decisions on all members

Enforcement
 International agreements: rely on state compliance, cannot override national sovereignty
 Supranational agreements: enforcement often handled by the designated supranational entity

Examples
 International agreements: World Trade Organization (WTO) rules, World Organisation for Animal Health (WOAH) standards
 Supranational agreements: Treaty on the Functioning of the European Union (TFEU), EU directives and regulations

Enforcement in International Law

 International laws are often even harder to enforce than national laws
 Recall Martin’s Act as an example of how enforcement challenges can limit the effectiveness of laws

Wildlife in International Law

Goal
 Species conservation is a key objective of international legislation
 Note: species conservation does not directly improve individual animal welfare

Key Agreements
 International Convention for the Regulation of Whaling (1946) – established the International Whaling Commission (IWC)
 Convention on International Trade in Endangered Species (CITES, 1975)
 Convention on Migratory Species (1983)

World Trade Organization

World Trade Organization (WTO) and Trade Law

History
 1947: General Agreement on Tariffs and Trade (GATT) – focused on industrial goods, principle of non-discrimination in trade
 1995: WTO replaces GATT and includes agricultural products

Purpose
 Prevent unjustified discrimination based on country of origin

Current Issues
 Disputes often involve production methods, which indirectly relate to country of origin

Example
 Trade between EU and India – import across borders

World Trade Organization (WTO) and Animal Trade

History
 1947: General Agreement on Tariffs and Trade (GATT) – focused on industrial goods, principle of non-discrimination in trade
 1995: WTO replaces GATT and includes agricultural products

Purpose
 Prevent unjustified discrimination based on country of origin

Current Issues
 Disputes often arise regarding production methods – indirectly linked to country of origin

Reference Standards
 WTO uses World Organisation for Animal Health (WOAH) standards as a reference

Seal Products Landmark Case

Parties
 Complainants: Canada and Norway
 Respondent: European Union (EU)

Dispute
 Whether the EU can ban import of seal products without unfairly restricting trade or violating WTO rules

Seal Products Landmark Case – Background & WTO Decision

EU Position
 Ban on seal product imports necessary to protect public morals and animal welfare
 GATT Article XX(a) allows exceptions for public morals

WTO Panel Findings
 Animal welfare falls under ‘public morals’
 Ban reflected public concern about seal hunting practices

Appellate Body Enforcement
 Exceptions allowed for:
  Indigenous communities in Canada
  EU Member States with marine resource management plans

Seal Products Landmark Case – Importance

Significance
 Consumer concerns led to trade ban
 WTO recognized ethical concerns as legally relevant
 Set precedent for considering animal welfare in international trade
 Emphasizes growing role of ethics in global trade

Limitations
 Shows challenges of balancing cultural expectations globally
 Has not been applied as precedent for livestock trade

Animal Rights and Indigenous Perspectives

Challenge
 Balancing animal protection with Aboriginal rights in Canada
 Indigenous perspectives may differ from mainstream animal welfare approaches

Reference
 Kymlicka, W., & Donaldson, S. 2015
 Animal rights and aboriginal rights
 In Sankoff, P., Black, V., & Sykes, K. (Eds.), Canadian perspectives on animals and the law, Irwin Law Inc., Toronto, 159‑186

World Organisation of Animal Health (WOAH)

History
 1924: Efforts to eradicate Rinderpest (cattle plague) led to creation of Office International des Epizooties (OIE)
 2001: Animal welfare added as priority
 2003: OIE renamed World Organization for Animal Health (WOAH)

Purpose
 Eradicate and manage animal diseases with global impact
 Improve animal health worldwide
 Standards referenced by the World Trade Organization (WTO)

WOAH: Terrestrial Animal Health Code

Section 7: Animal Welfare
 Starts with a definition of “animal welfare”

WOAH: Terrestrial Animal Health Code – Section 7: Animal Welfare

Topics Covered
 Transport of animals (sea, land, and air)
 Humane slaughter
 Killing animals to control disease spread
 Dog population management
 Animal use in research and education
 Animal welfare of beef cattle, broilers, dairy cattle, working equids, pigs
 Killing of reptiles to obtain skin, meat, and other products

WOAH Standards – Importance

Guiding Principles
 WOAH codes serve as guiding principles, not laws
 Reflect the latest scientific findings to improve animal health, welfare, and public veterinary health
 Animal welfare standards are voluntary for member countries
 Standards can be adopted into law

WOAH Standards – National Implementation & Support

Purpose
 Assesses whether the World Organisation for Animal Health (WOAH) animal welfare standards have been incorporated into national law or policy
 Checks whether the government supports the Universal Declaration on Animal Welfare

European Union

European Union (EU) – Early Foundations

Timeline
 1952: European Coal and Steel Community established
 1958: Treaty of Rome establishes the European Community

Significance
 Set the early foundation for what later became the European Union (EU)
 No mention of animals in these founding documents until 1974

Early EU Animal Law

Council Directive 74/577/EEC (1974)
 Required stunning of animals before slaughter

European Convention for the Protection of Animals Kept for Farming Purposes (ETS No. 087, 1976)
 Animals must be housed and provided with food, water, and care appropriate to their species
 Consider physiological and ethological needs, adaptation, domestication
 Guided by established experience and scientific knowledge

European Union (EU) – Historical Overview

1952 – European Coal and Steel Community
 Early economic integration, no mention of animals

1958 – Treaty of Rome
 Established the European Community, still no animal provisions

1999 – Treaty of Amsterdam
 Recognizes that animals can suffer, have feelings, and experience well-being

2009 – Treaty of Lisbon (Treaty on the Functioning of the EU, TFEU)
 Article 13 acknowledges animal sentience and requires EU and member states to pay full regard to the welfare requirements of animals

TFEU Article 13 – Animal Welfare

Key Principle
 Animals are recognized as sentient beings in EU policies on agriculture, fisheries, transport, internal market, research, technological development, and space.

Obligation
 The EU and its Member States must fully consider the welfare requirements of animals.

Limitations / Considerations
 Respect legislative or administrative provisions and customs of Member States
 Including religious rites, cultural traditions, and regional heritage

Current EU Animal Law Goals

Focus Areas
 Updating rules on the transport of animals
 Establishing welfare rules for dogs and cats in breeding establishments, shelters, and pet stores

Standards for Dogs and Cats
 Minimum requirements for housing, care, and handling
 Traceability requirements for online pet purchases

Fur Farming
 European Food Safety Authority (EFSA) tasked with assessing welfare of farmed animals for fur
 EU decision on a potential ban on fur farming expected by 2026

Animal Law Differs between EU Member States

Highest Grades – B
 Austria
 Denmark
 Netherlands
 Sweden
 (Switzerland and United Kingdom – not EU Member States)

Medium Grades – C
 Germany
 France
 Italy
 Poland
 Spain

Lowest Grade – D
 Romania
 Canada
 USA

Other Member States
 The remaining 17 EU Member States have not yet been assessed by World Animal Protection