Florida’s Law on Pig Confinement
Found in ARTICLE X: Section 21
This law was adopted in 2002 and was added to Florida’s Constitution. Subsection (G) tells us it takes effect 6 years after it’s adoption by majority vote. So, in 2008 there could be no more gestation crates used in Florida? Really? I had to see for myself and you should have a look as well if you are in any way interested in swine production.
I need to preface my statements by saying, in 2002 this law was earmarked under a bill for mass-transportation. The T.V. ads said vote yes to stop the transportation and confinement of pregnant sows. I remember thinking “why would anyone want to transport pregnant pigs? That’s just cruel.” The fact of the matter is that the law was intended to close down commercial hog farms that environmentalists and animal activists deemed cruel. Well let’s face it, this is Florida. Home to Mickey Mouse and sandy beaches with clear blue water. How many of us have any idea how many pig farms there are? How many of you know what it takes to successfully breed and raise pigs? No offense meant, but the fact is that not many Floridians or it’s visitors have any clue, nor do they care, about what it takes to succeed in pig farming. Most of us just go to the grocery store and see that they have pork on the shelves. Oh boy, pork and we don’t even know where it came from.
Since the inception of of this law, originally voted on as Amendment 19, both of Florida’s large scale hog farms have closed. While this was a win for PETA and the Humane Society of America(HSUS), the law itself does not ban gestation crates. I had to read it about 10 times to get the drift, but “NO” it does not ban them.
It states: “(a) It shall be unlawful for any person to confine a pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a farm in such a way that she is prevented from turning around freely”
OK, so you cannot confine a pig. But there are exceptions to every rule. You really have to love the law. They contradict themselves with every sentence. After subsection (A) there is another subsection listed as subsection (B).
It reads: (b) This section shall not apply:
(1) when a pig is undergoing an examination, test, treatment or operation carried out for veterinary purposes, provided the period during which the animal is confined or tethered is not longer than reasonably necessary.
(2) during the prebirthing period.
According to SS(b)(1) it is OK to confine a pig to carry out tests, examinations, treatments or operations. Followed by, “provided the period during which the animal is confined or tethered is not longer than reasonably necessary”
Just how long is reasonably necessary? 2days, 2 hours, 2 months? A little help here please. What exactly are the guidelines as far as “reasonably necessary” implies? Do I get to make a decision for myself? Without government intervention? I doubt it, but I have to point out the obvious lack of clarity in this wording. I’ll lay bets that 3 different veterinarians would give 3 different responses as to time frames considered “reasonable“.
On to subsection (b) (2) during the prebirthing period. What is the prebirthing period? I had to ask too, and by scrolling down into subsection (c) we find the definitions of the terms used in this legislation.
Prebirthing, as described in SS(c)(6) “prebirthing period” means the seven day period prior to a pig’s expected date of giving birth. So, under subsection(b) which states “This section shall not apply:”, we find that it is perfectly lawful to confine a pig 7 days prior to the pigs expected date of giving birth. Luckily for pig farmers, we can calculate the farrowing date to a specific day, give or take 24 hours. So 7 days prior to farrowing, the sow or gilt may be confined according to this law. What about after the piglets are born? Do we assume that we are to revert back to SS(b)(1) and can only leave them confined for a reasonable amount of time? Again I ask, what is considered reasonable? 3 days, 7 days, until weaning? A little more clarity would be nice, or was there a problem finding enough expert witnesses that could cooperate and decide on a reasonable time frame? So many questions, so few answers!
Hopefully, you are questioning this mess of legislation as much as I am? It wasn’t made a just a law, this is now part of Florida’s Constitution. We the people have been taken again by lobbyists and special interest groups and they have added this vague piece of legislation to our Constitution. Well we did help, by being naive and taking the medias word for it.
Now that some of you want to hang me for being a right wing terrorist, let me explain why I had to look into this embarrassing law. Our pigs are kept on pasture and allowed to roam free and do as they please. For the most part anyway. But, for those non pig farmers out there, a pigs best production age is around 3-4 years old. It only takes our gilts 8 months to reach 275-300 pounds and if we pushed them it could be done 2 months sooner. If an 8 month old pig weighs around 300 pounds can you imagine how big a 3-4 year old pig is? I’ll take the guessing out, 650-700 lbs. That’s right, about half the weight of a Smart Car.
Here’s the problem we are facing. These sows have unbelievably great mothering instincts and will go to any length to protect their piglets. We have been allowing them to choose a spot in the pasture and make themselves comfortable. No pressure, just let nature run it’s course, right. Piglets are born with their eyes wide open, somewhat steady legs, and will naturally walk themselves right around mom’s legs to start suckling. But what if, while that brand new baby pig is making the long trek to mom’s milk, the sow has a contraction and her legs extend and push against the ground at the same time the new little piggy is rounding the hooves? Death number 1. This one could have been avoided by confining the sow during farrowing. The gestation crates have bars that prevent the sows from over extending. I’ll skip down the line to piglet number 13. Yes 13 and sometimes more. By the time piglet number 13 is farrowed the sow has been nursing the previous piglets for a couple hours and wants to roll over so her nipples will stop aching. All 700 pounds takes a big roll to the other side and where do the new baby pigs go? Some get stuck under that behemoth, the unfortunate ones who haven’t been alive long enough to know it’s time to move out of the way. Baby pigs number 3, 5,and 6 have now joined piglet number 1 on the endangered species list. Again this could have been avoided with the use of gestation crates. The side bars would have kept the sow from rolling completely over and given the piglets more time to evacuate. By now I hope you see where this is going. I could give you a lot more details, but I think I’ll keep them to myself. Why should we all lose sleep? You can thank me later.
The previous paragraph was only a glimpse into the chaos and disaster that a pig can incur. I for one, do not think it is so cruel to confine a sow for short periods in order to save the lives of her offspring. Recently we had a sow lose 10 out of 14 piglets because the piglets could not get out of her way. She is depressed and not herself and I would much rather her be uncomfortable for a few days than to see her in this state of mind. This isn’t all about money for most farmers. We love and respect our herds and want them to be happy and healthy. The minor inconvenience of limited movement far outweighs the loss of life due short-sighted, politically motivated legislation. And now that I, and hopefully you, have read the law instead of believing what others told me I can clearly see that there is, in fact, NOT a ban on gestation crates. Good news for our little pig farm. Calypso’s next litter might be able to survive past day 1.
For those who may be interested, I put the full version of the Florida Constitutional Amendment in this post. Scroll down and read for yourselves. Call me out if I’m wrong, and please show me why I am. To many times, we the people are duped by bad legislation, loaded with crap(yes, crap,because that is essentially what it is), so stay informed our we all lose!
ARTICLE X
MISCELLANEOUS
SECTION 21. Limiting cruel and inhumane confinement of pigs during pregnancy.–Inhumane treatment of animals is a concern of Florida citizens. To prevent cruelty to certain animals and as recommended by The Humane Society of the United States, the people of the State of Florida hereby limit the cruel and inhumane confinement of pigs during pregnancy as provided herein.
(a) It shall be unlawful for any person to confine a pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a farm in such a way that she is prevented from turning around freely.
(b) This section shall not apply:
(1) when a pig is undergoing an examination, test, treatment or operation carried out for veterinary purposes, provided the period during which the animal is confined or tethered is not longer than reasonably necessary.
(2) during the prebirthing period.
(c) For purposes of this section:
(1) “enclosure” means any cage, crate or other enclosure in which a pig is kept for all or the majority of any day, including what is commonly described as the “gestation crate.”
(2) “farm” means the land, buildings, support facilities, and other appurtenances used in the production of animals for food or fiber.
(3) “person” means any natural person, corporation and/or business entity.
(4) “pig” means any animal of the porcine species.
(5) “turning around freely” means turning around without having to touch any side of the pig’s enclosure.
(6) “prebirthing period” means the seven day period prior to a pig’s expected date of giving birth.
(d) A person who violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082(4)(a), Florida Statutes (1999), as amended, or by a fine of not more than $5000, or by both imprisonment and a fine, unless and until the legislature enacts more stringent penalties for violations hereof. On and after the effective date of this section, law enforcement officers in the state are authorized to enforce the provisions of this section in the same manner and authority as if a violation of this section constituted a violation of Section 828.13, Florida Statutes (1999). The confinement or tethering of each pig shall constitute a separate offense. The knowledge or acts of agents and employees of a person in regard to a pig owned, farmed or in the custody of a person, shall be held to be the knowledge or act of such person.
(e) It is the intent of this section that implementing legislation is not required for enforcing any violations hereof.
(f) If any portion of this section is held invalid for any reason, the remaining portion of this section, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.
(g) This section shall take effect six years after approval by the electors.
History.–Proposed by Initiative Petition filed with the Secretary of State August 5, 2002; adopted 2002.
1Note.–This section, originally designated section 19 by Amendment No. 10, 2002, proposed by Initiative Petition filed with the Secretary of State August 5, 2002, adopted 2002, was redesignated section 21 by the editors in order to avoid confusion with already existing section 19, relating to the high speed ground transportation system, and section 20, relating to prohibiting workplace smoking, as contained in Amendment No. 6, proposed by Initiative Petition filed with the Secretary of State May 10, 2002, and adopted in 2002.
