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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