A federal judge in Rochester, NY, has ruled he can review the denial of a rulemaking petition that suggests USDA’s Food Safety and Inspection Service should prohibit behavior that has the potential to cause birds to die other than by slaughter.
The FSIS denied the petition in 2019, saying its humane handling authority does not extend beyond poultry slaughter establishments. The Animal Welfare Institute (AWI) and Farm Sanctuary, represented by Harvard Law School’s Animal Law & Policy Clinic, appealed the denial of the rulemaking petition in August of 2020.
The USDA asked the U.S. District Court for Western New York to dismiss the complaint, but District Judge Charles J. Siragusa opted to keep the case alive.
“Consistent with the Supreme Court’s reasoning, the Court finds in the present case that FSIS’ denial of plaintiffs’ rulemaking petitions was not an agency decision that has been precluded from judicial review as an … Read more