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## Über dieses Buch

This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand.

With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master’s programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse.

As one of its highlights, this books also provides “Tools for Change,” a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.

## Inhaltsverzeichnis

### Chapter 1. Environmental Impacts of Industrial Livestock Production

Abstract
Population growth, urbanization, changing economies and food preferences have increased pressure on the agricultural sector and on livestock production and related feed crops in particular. The FAO expects an increase of 70 % in world annual agricultural production from 2005/2007 to 2050 to feed the rising population, which is expected to grow by 40 % over the period (Conforti, Looking ahead in world food and agricultural perspectives to 2050, 2011). Much of the increase in crop (cereal) production is expected to come about as a result of increased demand for feed for livestock (Conforti, Looking ahead in world food and agricultural perspectives to 2050, 2011). To keep up with the demand for animal products, the method of production is changing. In the United States and increasingly around the world, family farms raising small numbers of livestock have given way to industrialized livestock practices often referred to as Concentrated Animal Feeding Operations or CAFOs. Livestock facilities confine ever increasing numbers of animals indoors. Vitamin supplements allow livestock to be confined indoors without sunlight and allow the production of offspring year round, while subtherapeutic use of antibiotics allow livestock to be confined in greater numbers and close quarters, raising the number of livestock that could be produced on a given feedlot or facility (Steinfeld, Livestock in a changing landscape: drivers, consequences, and responses, 2010). Genetics management and nutrition have also allowed animal production operations to intensify, and for the productivity of each animal to increase. For example, in the United States in 1957 it took a broiler chicken 101 days and 17.7 pounds of feed to reach market weight, while in 2001 it took only 32 days and only 5.9 pounds of feed. This has allowed US meat production to skyrocket by over 250 % over the past half-century (Pew Commission, Putting meat on the table: industrial farm animal production in America, 2008). Huge amounts of animal waste are a consequence of industrialized livestock. Inadequate regulation of manure deposition and disposal has resulted in significant air, water, and soil pollution. Animal waste from intensified operations is often disposed of on agricultural land year-round, and in far greater amounts than the land can absorb. Soils are over-fertilized thus releasing toxic runoff, and leaching contaminants. The runoff can flow into water bodies causing severe ecological harm, and decomposing waste can release dust particles, bacteria, endotoxins, and volatile organic compounds, as well as hydrogen sulfide, ammonia, and other odorous substances into the air (Halden and Schwab, Environmental impact of industrial farm animal production, 2008). Manure often contains many problematic substances including high levels of nitrogen and phosphorous, endocrine disruptors that can interfere with hormonal signaling in animals and humans, antibiotics that can nurture drug-resistant populations in the soil they are reach, resistant forms of bacteria, and arsenic (Halden and Schwab, Environmental impact of industrial farm animal production, 2008). As noted above, the increase in livestock production increases demand for feed crops thus requiring intensification of agricultural land use and resulting in a host of environmental costs on varying levels including increased erosion, lower soil fertility, reduced biodiversity, pollution of ground water, eutrophication of rivers and lakes, and impacts on atmospheric constituents, climate, and ocean waters (Steinfeld, Livestock’s long shadow: environmental issues and options, 2006). This chapter will address those impacts. It is organized by medium of impact. Section 1.2 addresses air pollution and climate-change related impacts. Section 1.3 provides background on water consumption and pollution related to industrial livestock. Section 1.4 takes on the range of land-based impacts including habitat, forestry and desertification. The text provides an overview of the impacts but offers specific examples from a number of countries. Many of the impacts addressed are covered in more depth and/or with more specificity in later chapters.
Susan J. Kraham

### Chapter 2. Globalized Perspectives on Infectious Disease Management and Trade in Africa: A Conceptual Framework for Assessing Risk in Developing Country Settings

Abstract
In the era of globalization, internationalized representations of infectious disease threats have profound implications for understandings of infectious disease problems and their management in developing countries, particularly in Sub-Saharan Africa. By examining the policy implications of the key narratives around public health, animal health and trade, it becomes possible to clarify the relationship between global understandings of infectious disease risk and their impact on the development of local responses to disease problems. We highlight the tensions that resource-constrained countries face in the nexus of animal health-public health and trade, including the perception that resource-constrained countries are both source and victims of potential infectious disease threats. Given this scenario, it is important to think about how developing countries, particularly those in Sub-Saharan Africa, can approach infectious disease risk management as it relates to pandemic scale threats such as avian and pandemic influenza. We outline some of the key considerations in defining and assessing disease risk using avian and pandemic influenza in Zambia as an example. We conclude that the key to the feasibility of the analysis of the risk of multi-sectoral affecting emerging infectious diseases such as zoonotic avian influenza is flexibility in how risk is framed across the public health, animal health and trade systems.
Kennedy Mwacalimba

### Chapter 3. Global Approaches to Regulating Farm Animal Welfare

Abstract
Industrialized animal agriculture is rapidly spreading around the globe. But animal welfare protections have failed to keep up, resulting in billions of farm animals suffering. This article chronicles the slow rise of global laws and institutions intended to mitigate that suffering. In particular, it focuses on the evolving animal welfare policies of the European Union, World Animal Health Organization, World Bank, and Food and Agriculture Organization. It also addresses how farm animal welfare is becoming integrated into World Trade Organization case law and bilateral free trade agreements. I argue that international laws and institutions, though currently failing to protect farm animal welfare, provide a promising framework for more extensive protections in future. And I provide some recommendations on how to implement those future protections.
Lewis Bollard

### Chapter 4. Voluntary Standards and Their Impact on National Laws and International Initiatives

Abstract
Numerous private entities—both national and international in scope—have developed or are in the process of developing nonregulatory standards to assure consumers that animals and natural resources used in agricultural production are properly treated. This chapter describes the differing approaches of three countries: one that uses voluntary standards to supplement legal standards (United Kingdom), one that uses voluntary standards as a substitute for legal standards (United States), and a third that uses voluntary standards to assist in interpreting and enforcing legal standards (Canada). The impact of these voluntary standards on international animal welfare initiatives is also discussed.
Dena Jones, Michelle Pawlinger

### Chapter 5. Treatment of Unwanted Baby Animals

Abstract
There is something profoundly primal in the sight and the sound of a baby that draws an emotional and empathetic response from adults, even those of a different species. The removal and slaughter of baby farmed animals must, therefore, be carried out as invisibly as possible, as most viewers would find the spectacle intolerable. Consensual selective blindness is an essential ingredient of all animal agriculture, but particularly the treatment of unwanted babies, considered "waste products". Case studies of male dairy calves and male cockerels illustrate the difficulty of promoting compassionate ethical positions in cases where animals have no commercial value.
Desmond Bellamy

### Chapter 6. Industrial Animal Agriculture in the United States: Concentrated Animal Feeding Operations (CAFOs)

Abstract
In the United States, industrial animal factories called “CAFOs” (concentrated animal feeding operations) raise most land-based food animals, reducing their own production costs by intensively confining farm animals. However, they do so at the expense of the animals, who suffer horrific institutionalized abuses through intensive confinement, as well as the public, which endures public health endangerment and environmental degradation from CAFOs’ air and water pollution. Federal environmental laws potentially govern the industry’s pollution, but these laws have been largely ineffective at reining in CAFO environmental harms. State and federal laws have also failed to address CAFO animal abuses. Further, the CAFO industry has successfully promoted state laws that limit the public’s ability to document and communicate CAFO threats to public health, the environment, and animal welfare. However, some hope remains: citizen groups diligently and creatively use legal challenges and legislative advocacy to address the worst CAFO practices, and the American public is increasingly alarmed by CAFOs’ lax oversight and supportive of reforms in regulating this industry.
Aurora Moses, Paige Tomaselli

### Chapter 7. The Political Ecology of the Dairy Industry

Abstract
This chapter provides an overview of the structure of the dairy industry, including the laws and policies that influence and regulate this critical sector of the global agricultural economy. This chapter begins with an introduction to the bi-lateral and multi-lateral trade policies that guide the international market for milk and other dairy-related products, as well as food safety and environmental regulations. The chapter then addresses the nature of the U.S. dairy industry—its structure, key support policies, and changes to the industry over the past several decades. The impacts of the U.S. dairy industry on the environment, animal welfare, and human health are also highlighted. The chapter concludes with a case study of the dairy industry in Hawaii, which reflects many of the larger trends occurring nation-wide.
Clare Gupta

### Chapter 8. Live Export of Farm Animals

Abstract
Every year livestock producers send millions of cows, pigs, sheep, and other farm animals on international journeys to slaughter in foreign lands. This “live export trade” is valuable and widespread—worth roughly $21 billion a year to the estimated 109 countries that engage in it. But, as the trade has expanded over the last century, it has also become a source of increasing public controversy due to the abuses that animals often suffer in the trade. This chapter documents the history of the trade, its current state, and the nascent legal framework that regulates it. I argue that the legal framework has failed to address the animal welfare problems associated with the trade. Several more promising international legal solutions exist to ameliorate problems associated with the trade—particularly working through international institutions and adopting a live export treaty. But only one reform will end the cruelty associated with the trade: abolishing the live export trade itself. Lewis Bollard ### Chapter 9. Harmonized Approaches in Intensive Livestock Production Systems in Europe Abstract Animal protection in general and as well as the protection of farm animals in particular is neither a value nor a target of the European Union (EU) and its Common Agricultural Policy (CAP). However, farm animal protection within the EU has become increasingly important within the last few years. Since 2009, contract law includes a horizontal clause for the protection of the welfare of animals as sentient beings in Article 13 of the Treaty on the Functioning of the European Union (TFEU). For the EU and its Member States the horizontal clause is a commandment of consideration and optimization with respect to the determination and implementation of the agricultural policy. In order to draw attention to the protection of farm animals and primarily to secure the targets of the CAP, the EU harmonizes farm animal protection based on the ancillary competence of the CAP. Especially in the areas of animal keeping, transport and slaughtering, the national law systems shall be harmonized to avoid distortions due to economical competition. While adopting such law acts of harmonization, a balance between interests of agriculture on the one hand and as well as animal protection on the other hand has to be ensured. Adopting animal protection laws at the EU level is limited, though. These limitations cover among others the caveat for culture. Moreover, the EU legislator cannot be obliged to adopting harmonization laws, because of a wide margin of discretion. Due to the balance of interests among the Member States and the protection of farm animals, most law acts include a certain minimum harmonization from which the Member States can deviate by stricter animal protection measures. Finally, in some areas of animal keeping European harmonization processes are still missing completely. This chapter gives an overview of the status quo regarding the harmonization in farm animal protection based on the current secondary law situation in the EU. Several case studies are used to illustrate different EU law acts and their level of harmonization. General problems with respect to harmonization are explained and, finally, an outlook on farm animal protection in the EU is given. Kea Ovie ### Chapter 10. Meat Production and Antibiotics Use Abstract Debate over how regulation can address the growing public health crisis of antimicrobial resistance has addressed both the regulatory framework for intervention and the political choice to intervene, balancing control of the public health risk from agricultural use of antimicrobials and economic benefit to agribusiness from such use. This chapter reviews current U.S. laws and regulations pertaining to non-therapeutic use of antimicrobials in livestock and to surveillance of antimicrobial-resistant pathogens of food animal origin. Regulatory efforts in the United States and Europe are compared, with an emphasis on the scientific evidence for public health success or failure of these policy interventions. The chapter also provides the scientific context that informs regulatory efforts in the U.S. and global efforts to address the problem of antimicrobial resistance. Recommendations for combined regulatory, surveillance, and research strategies are offered, with a focus on science-based regulatory approaches and mechanisms for evaluation of the public health benefits of regulation. Meghan Davis, Lainie Rutkow ### Chapter 11. Food Production and Animal Welfare Legislation in Australia: Failing Both Animals and the Environment Abstract In this chapter, we explore how animals in Australia are raised and processed domestically for food and exported internationally. We trace the rise of corporate domination of farm animal production in Australia as a response to increasing domestic and international demand for meat products and describe the systematic exclusion of State and Territory Animal Welfare Acts to farm animals intended to be processed for food. In doing so, we illustrate the complexity of Australia’s regulatory framework governing Australian farm animals by taking the poultry industry (chicken meat and eggs) as our case study. We then explore Australia’s highly controversial live animal export industry; its highly visible failures and more recent attempts by the Australian government to introduce traceability and accountability into the live export supply chain. We then discuss the major environmental externalities associated with intensive farm animal operations; identifying the energy inefficiencies associated with raising and processing animals for human consumption. We note the contribution of intensive animal farming to atmospheric CO2 emissions as well as the water degradation caused by waste matter runoff. In response to these environmental externalities, we propose the use of artificial photosynthetic technology as a means of transforming the farm animal industry from one of net energy and resource taker to one approaching energy and waste neutrality. We conclude by examining four major problems with the troubled relationship between farm animals and the Australian domestic food and live export industries. The chapter is purposefully written for the well informed reader, interested in farm animal welfare in the different countries of the world, but who is not necessarily informed about the industry and regulatory framework in Australia. Accordingly, the chapter is written in a way that is not overly-technical, but nevertheless leads the reader through the sometimes complex and contradictory nature of farm animal regulation in Australia. Alex Bruce, Thomas Faunce ### Chapter 12. Textbox: The Farm Bill Abstract Whether consumers get their food at a supermarket, a farmers market, a restaurant or a food bank, the Farm Bill had some impact on what they were eating. With the Farm Bill, a major piece of legislation that is revised and renewed about every 5 years, Congress sets the policies and programs that shape what food is available to the public, how it is produced and where it is sold. The Farm Bill covers government support for farmers, agricultural research and marketing, trade policies, energy issues, rural land use and conservation programs, and the Supplemental Nutrition Assistance Program, the primary government assistance program to help low-income families purchase food. Patty Lovera ### Marine Animals and Fishing #### Frontmatter ### Chapter 13. Overfishing and Bycatch Abstract Humans have been consuming seafood since the genesis of Homo sapiens. Today, marine fisheries are the most important source of wild food in the world, providing the primary source of protein for millions of people particularly in developing countries. Yet, marine fisheries are vastly overexploited due to a variety of factors including overcapitalization in the industry, increasing levels of technology, illegal fishing, and reckless harvesting. The collapse of fisheries reflects a double jeopardy for many individuals and communities. In addition to the immediate losses of food resources, there are also associated costs in the form of lost livelihoods for both this generation and future generations. These losses may be particularly acute for developing countries since half of the world’s fish trade is sourced from developing countries. This chapter describes two related phenomena associated with marine fisheries law—overfishing and bycatch—and outlines the existing legal regimes to address these phenomena. Anastasia Telesetsky ### Chapter 14. Perspectives and Predicaments of GMO Salmon Abstract AquAdvantage Salmon, produced by AquaBounty Technologies, Inc., is the first genetically engineered (GE) fish to be considered for commercial production and human consumption in the United States. Its application is currently under review by the Food and Drug Administration (FDA). Although private companies around the world are working on developing at least 35 species of GE fish and shellfish—including catfish, carp, oysters, and trout—no country has yet approved any of them for commercial production or human consumption. Nicole Negowetti ### Chapter 15. Textbox: FDA Approval of GE Salmon Abstract On November 19, 2015, the U.S. Food and Drug Administration (FDA) announced its long-awaited decision regarding AquaAdvantage Salmon, the first genetically engineered (GE) animal intended for food. The FDA has approved AquaBounty Technologies’ new animal drug application (NADA) for the Salmon, finding that it meets the statutory requirements under the Federal Food, Drug, and Cosmetic Act (FDCA). In particular, the FDA determined that the Salmon’s rDNA construct is safe for the fish itself, the fish reaches market size more quickly than non-GE farm-raised Atlantic salmon (as AquaBounty claimed), and food from the fish is safe to eat and as nutritious as food from non-GE salmon. Nicole E. Negowetti ### Chapter 16. Water and Marine Animal Law Abstract While there are several serious issues affecting the world’s fish populations, unsustainable fishing has long been pointed to as chiefly responsible for declining wild fish populations. While the pace of overexploitation of fisheries has slowed since 1990, and progress has been made in reducing exploitation rates and restoring overexploited fish stocks and marine ecosystems, the world’s fisheries remain in bad shape. More than half of the world’s fish populations are at, or very close to, their maximum sustainable production levels as of 2009. Among the remaining stocks, close to 30 % are overexploited, producing lower yields than their biological and ecological potential. The declining global marine catch over the last few years, the increased percentage of overexploited fish populations, and the decreased proportion of non-fully exploited fish populations has led the United Nation’s Food and Agricultural Organization (FAO) to conclude that the state of world’s marine fisheries is growing worse. This chapter covers some legal regimes aimed at preventing overfishing, including the international Law of the Sea treaty and teh United States’s domestic law, the Magnuson Stevens Fishery Management and Conservation Act. It also discusses national and international attempts to curb other threats to fish populations such as marine water pollution. Zach Corrigan ### Food Production and Wildlife Protection: Pollinators, Soil, Habitat and Incidental Wildlife Losses #### Frontmatter ### Chapter 17. Pollinators and Pesticides Abstract Pollinating insects, such as bees, butterflies, birds, bats, and other animals are critical to maintaining healthy ecosystems and a strong agricultural economy. Despite their agricultural and ecological importance, since the mid-2000s, scientists have observed serious declines in a variety of pollinating species, both in the United States and worldwide. The loss of pollinators threatens the health of our environment, the diversity of our ecosystems, and our agricultural economy. What is driving these alarming losses in pollinator populations? An overwhelming amount of peer-reviewed scientific studies highlighting significant threats to pollinators from a particular class of pesticides: neonicotinoids, a highly toxic class of systemic insecticides modeled after nicotine that interfere with the nervous system of insects, causing tremors, paralysis and eventually death at very low doses. This chapter provides an overview to the threat facing pollinators from neonicotinoids, and explores how the existing federal regulatory scheme is inadequate to ensure timely and adequate protection of pollinators and threatened and endangered species from federal approval of harmful pesticides through the case study of one particular neonicotinoid chemical: clothianidin. Despite the issues with the existing federal regulatory framework, the chapter also highlights the power of public scrutiny and media pressure on spurring agency action, setting the scene hopefully for more stringent regulation of neonicotinoid pesticides and better protection of vital pollinator species. Larissa Walker, Sylvia Wu ### Chapter 18. Textbox: Bats and Pollinator Conservation as a New Avenue for Progressive Food Legislation Abstract More than 450 important agricultural bat-dependent plants annually affect hundreds of millions of dollars of international trade. Such economically important bat-dependent plants include bananas, mangoes, vanilla, agave, cashews, dates and figs. Bats facilitate the reproductive success of these agricultural plants, including seed set and the recruitment of new seedlings and saplings. Pollinator conservation policy provides a new avenue for progressive food legislation. The worldwide role of bats in the context of their respective agricultural services and the need for conservation through international trade laws is crucial for the understanding of pollinator regulation—or the lack thereof. This textbox provides an introduction to the links between bat conservation and food law. Gabriela Steier ### Chapter 19. Agriculture and Biodiversity Abstract In this chapter, the interrelationship between agriculture, population, and biodiversity is examined within the context of legal frameworks which both seek to regulate agriculture and to slow or stop biodiversity losses. U.S. laws that regulate agriculture and its impacts to biodiversity are compared to those of other nations including Australia, India, China, the European Union, Nigeria, and Cuba. This chapter assesses how and the degree to which these legal frameworks are regulating agricultural methods to mitigate biodiversity losses. Amy R. Atwood ### Chapter 20. Phytoremediation and the Legal Study of Soil, Animals and Plants Abstract Soils are under increasing environmental pressure in every country across the globe. This pressure is mainly driven by human activities, such as agricultural and forestry practices, industrial activities, tourism and urban development. Over recent decades, there has been a significant increase in the rate of soil degradation, with no sign of amelioration. The main threats to which soils are subject are erosion, chemical contamination, compaction, biodiversity loss, sealing, landslides and flooding. Soils are a resource of common concern both within and between nations, and failure to protect them will undermine ecological and economic sustainability. Soil degradation has substantial impacts on other areas of common interest such as water quality and quantity, climate change, biological diversity, human health, and, in particular, food and feed safety and food security. Bernard Vanheusden ### Chapter 21. International Pastoral Land Law Abstract This chapter discusses aspects of international and national environmental law for pastoral land and outlines frameworks for legislative reforms to achieve sustainable use of pastoral lands. International and national legal instruments and institutional systems play a significant role in pastoral land conservation. At the international level, it discusses a number of multilateral agreements that could be better used to promote the sustainable use of pastoral land. Two national level approaches to reform environmental law for pastoral land are presented; for Mongolia and the People’s Republic of China respectively, and they may offer useful guidelines for other countries to follow in environmental law reform for pastoral land management. Ian Hannam ### Tools for Change: An Inventory of Global Farm Animal, Wildlife and Food Safety Laws #### Frontmatter ### Chapter 22. Zoonotic Diseases and Food Safety Abstract Livestock, poultry, fish, and other animals can host a wide range of diseases and infections. As a result, the farmed animal industry has a fundamental public health dimension. When humans consume or come into contact with sick or contaminated animals or animal products, they can get sick as well. Zoonotic diseases, also called zoonoses, are a sub-category of animal diseases that are transferable from animals to humans (in contrast to diseases that pass only from animals to other non-human animals). Many types of pathogenic agents, including bacteria, viruses, fungi, and parasites, cause zoonotic diseases. Some zoonoses, like Salmonellosis (Salmonella poisoning), Foot and Mouth Disease (FMD), and bovine spongiform encephalopathy (BSE or Mad Cow Disease) have made international headlines. Others, like brucellosis (Bang’s Disease), are less familiar but still pose a major global threat to animal and human health and well-being. Leslie Couvillion ### Chapter 23. Environmental Protection and Clean Energy Overlaps Abstract Agricultural plant and animal products often have a complex lifecycle: they are grown, transported, processed, packaged, and—ultimately—consumed, discarded, or recycled. Each of these processes is interrelated. Therefore, efficiency improvements at any stage can support greater sustainability of the entire food chain, with significant environmental, economic, and social welfare repercussions. For instance, better practices at the end of the cycle (like recycling and composting programs for packaging and food scraps) can reduce the amount of food that must be grown at the beginning of the cycle. Lowered demand allows farmers to use less land, water, and chemicals to produce food. In turn, this can: Leslie Couvillion ### Chapter 24. Habitat Loss, Agrobiodiversity, and Incidental Wildlife Loss Abstract Producing food can carry a steep ecological price. Over the past century, the need to grow enough food to support an expanding global population has resulted in vast swaths of forests and wetlands being converted into farmland or pastures. This development is a result of the industrialization of the food production systems around the world, the increased use of pesticides and synthetic fertilizers, the planting of genetically-modified crops (GMOs) and monocultures, and the displacement of small family or self-sufficient farms. Large modern agricultural operations are tied to habitat losses (through land displacement), water pollution, soil contamination, overgrazing, invasive species introductions, water shortages, and greenhouse gas (GHG) emissions. These environmental impacts can directly and indirectly harm wild plant and animal populations. The consequence is biodiversity loss, sometimes of threatened or endangered species. Leslie Couvillion ### Chapter 25. Marine and (Over-) Fishing Abstract The United Nations (UN) declares that oceans are “the lifeline of man’s very survival.” Human societies have depended upon the sea and its resources for millennia. According to the UN Food and Agriculture Organization (UN FAO or FAO), “[f]rom ancient times, fishing has been a major source of food for humanity and a provider of employment and economic benefits to those engaged in this activity.” Today, many cultures continue to rely on marine fishing as a main source of income, livelihood, and sustenance. The demand for fish and fisheries products has only increased as the world’s population has surged and standards of living (along with the desire for diets rich in high-quality protein) have risen over recent decades. For instance, the UN reports that global exports of fish and fish products increased more than 100 % from 1986 to 2006, reaching over$85 billion in 2006.
Leslie Couvillion
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