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2015 Animal L. Comm. Newsl. 1 (2015)

handle is hein.journals/anilawcn2015 and id is 1 raw text is: Winter/Spring 2015 Animal Law Committee ANIMALS IN AGRICULTURE MISSOURI'S AMENDMENT ONE: RIGHT TO FARM OR RIGHT TO HARM? By: Lewis Bollard and Nick Arrivo On August 5, 2014, Missourians voted 50.1 to 49.9 percent to enshrine a right to farm into the state's Constitution.' By a margin of just 2,375 votes out of 997,551 cast, Missouri became the second state in the nation, after North Dakota, to accord this special constitutional right to its farmers and ranchers. (All 50 states have some form of a statutory right to farm, but these typically just insulate farmers from certain sorts of nuisance lawsuits.2) Missouri's new constitutional provision provides, in operative part: the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri.3 Those 36 words were the subject of a heated political debate, and are now likely to be the subject of lengthy litigation. In this article, we explore the origins, meaning, and effects of Missouri's new right to farm provision. The Origins of Right to Farm In 2010, the Humane Society of the United States (where both authors work) campaigned for a Missouri ballot measure called the Puppy Mill Cruelty Prevention Act aimed at regulating commercial dog breeders.4 The chief opposition to this measure came from the Missouri Farm Bureau, who argued that it would affect farmers who breed dogs as a side business, while setting a precedent for future regulation of animal agriculture. After Missouri voters approved the puppy mill ballot Continued on page 19 Missouri's Amendment One: Right To Farm Or RightTo Harm........................ 1 Letter From The Chair .......... . . . . . . . 3 Animal Law Subcommittee Updates .......... 4 Headline Animal Law News ................ 7 Legislative/Regulatory Developments Affecting Animals ... .......................... 10 Bringing Pigs To Court ...................... 13 Animal Damage Control Act: An Attempt To Protect Farm Animals From Predation.............14 Antibiotic-Resistant Superbugs: The Link Between Animal Protection And Human Health. .15 The Limitations Of Criminal Animal Cruelty Laws For Farmed Animals And A Potential Solution.. 16 2015 TIPS Calendar. .................. 30

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