The 28-hour law, originally passed in 1873, sets out humane standards for the transportation of livestock. It states that animals cannot be transported by rail carrier, express carrier or common carrier for more than 28 consecutive hours without being unloaded for at least 5 hours for rest, water, and food. However, this law does not apply to poultry. While there has been some confusion and debate over the interpretation of the law and its enforcement, it is clear that chickens and other poultry are exempt from this regulation.
Characteristics | Values |
---|---|
Date Adopted | 1994 |
Last Checked | March 2024 |
Primary Citation | 49 USC 80502 |
Country of Origin | United States |
Summary | This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. |
Animals Transported by Air or Water | Exempt |
Sheep Confinement | Can be confined for an additional 8 consecutive hours without being unloaded if their period of confinement ends at night |
Animals Confined Over 28 Hours | When the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful |
Animals Confined for 36 Hours | When the owner or person having custody of animals being transported requests, in writing and separate from a bill of lading or other rail form, that the 28-hour period be extended |
Time Spent Loading and Unloading Animals | Not included as part of a period of confinement |
Unloading, Feeding, Watering, and Rest | Animals being transported shall be unloaded in a humane way into pens equipped for feeding, water, and rest for at least 5 consecutive hours |
Civil Penalty | A rail carrier, express carrier, or common carrier is liable to the US government for a civil penalty of at least $100 but not more than $500 for each violation |
Applicability to Chicken | The rule does not apply to poultry |
What You'll Learn
The 28-hour law doesn't apply to poultry
The 28-hour law is a piece of legislation that dictates the treatment and transport of animals, specifically livestock, in the United States. Despite popular belief, this law does not extend to poultry, including chickens. This exemption is a critical distinction to make, as the exclusion of poultry from this law means that there are no federal regulations governing the transport and handling of chickens and other fowl. This exclusion has significant implications for the poultry industry and animal welfare.
When it comes to the transport of livestock, such as cattle, pigs, and sheep, the 28-hour law mandates a limit to their travel time. These animals are afforded a legal protection that ensures they are provided with rest, water, and food after a maximum of 28 consecutive hours of transport. This law was enacted to prevent animal cruelty and promote the humane treatment of these creatures, ensuring their welfare during what can be a stressful and exhausting journey.
However, this same consideration has not been legally applied to poultry. Chickens, turkeys, and other fowl are not afforded this same legal protection, and as a result, they can be subjected to far longer journeys without rest. This exclusion is a cause for concern for animal welfare advocates, as the lack of legal protection means there are no federal regulations dictating the treatment of poultry during transport. This omission in the law allows for the potential mistreatment and neglect of these animals, which can lead to unnecessary suffering.
The exclusion of poultry from the 28-hour law is a significant oversight, especially considering the vast number of birds involved in the poultry industry. Without federal regulations, the onus is on individual states to implement their own standards and regulations, leading to a potential discrepancy in animal welfare standards across the country. This situation can lead to a lack of consistency in the treatment of poultry, with birds in some states receiving far less protection than those in others.
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The law applies to trucks and rail shipments
The 28-hour law, also known as the Twenty-Eight Hour Law, is a federal law in the United States that applies to the transportation of animals across state lines. The law stipulates that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for rest, water, and food. This law was enacted to prevent animal cruelty and ensure humane standards for animal transportation. While it originally applied only to railroad transportation, it has since been expanded to include trucks as well.
The law, first passed in 1873, was a response to the public's growing awareness of the cruel treatment and suffering endured by animals during transportation in the 1860s. At that time, cows and other agricultural animals were transported by railroad over long distances, often leading to abuse and life-threatening conditions. The original 28-hour law only applied to rail shipments, but with the shift to primarily shipping livestock by truck, the law was clarified in 2003 to include trucks as well. This change was largely driven by animal rights groups, who saw it as a major victory for animal welfare.
The law applies specifically to "rail carriers, express carriers, or common carriers (except by air or water)," and outlines the requirements for unloading, feeding, watering, and resting animals during transport. It mandates that animals must be unloaded in a humane way into pens equipped for feeding, water, and rest for a minimum of five consecutive hours after every 28 hours of transportation. The owner or custodian of the animals is responsible for providing food and water, and they have a lien on the animals for these provisions, which can be collected at the destination.
There are a few exceptions to the 28-hour law. It does not apply when animals are transported with adequate food, water, space, and an opportunity for rest. Additionally, sheep can be transported for an additional eight consecutive hours if the 28-hour period ends at night. In cases of accidental or unavoidable circumstances, animals may be confined for longer than 28 hours, and with a written request from the owner, this period can be extended to 36 hours.
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The law was passed to set humane standards for animal transportation
The 28-hour law, also known as the Twenty-Eight Hour Law, was passed in 1873 to set humane standards for animal transportation. The law was enacted into federal law by Congress to eliminate animal cruelty and improve animal safety. It was originally created to regulate the transportation of livestock by railroad, as there were no federal regulations in place for this mode of transport during the late 1800s. The law was then repealed and reenacted in 1906 and again in 1994, with the most recent amendment extending the law to all forms of transportation, except air and water travel.
The law states that animals transported from one US state to another cannot be confined in a vehicle or vessel for more than 28 consecutive hours without being unloaded for at least five consecutive hours to rest, drink water, and eat. This applies to all animals, including those raised for food or in food production. The statute provides that the animals must be unloaded in a humane way into pens equipped for feeding, water, and rest. The owner or person in custody of the animals is responsible for providing food and water, or they may be fed and watered at the reasonable expense of the owner.
There are a few exceptions to the 28-hour law. Firstly, it does not apply to the transportation of animals by air or water. Secondly, if the animals have access to food, water, and enough room to rest during transport, the law does not apply. Thirdly, if the 28-hour period ends at night, sheep can be transported for an additional eight hours. Fourthly, in the case of accidental or unavoidable circumstances that could not have been predicted or prevented, animals may be kept in confinement for longer than 28 hours. Lastly, the 28-hour period can be extended to 36 hours if the owner of the animals requests this in writing.
The 28-hour law is considered one of the most fundamental laws concerning the transport of animals. It is enforced by the U.S. Department of Agriculture, which also has the authority to make regulations to implement and enforce the law. The law carries a civil penalty for those who violate it, with a fine of at least $100 but not more than $500 for each violation.
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The law was enacted in 1873 and amended in 1994
The Twenty-Eight Hour Law, enacted in 1873, was a response to public awareness of the cruel treatment and suffering of animals during transportation, which came to light in the United States in the 1860s. The law was established to prevent animal cruelty and set humane standards for the transportation of livestock. It mandated that animals transported from one state to another must be unloaded at least every 28 hours for rest, water, and food.
Initially, the law only applied to the railroad transportation of livestock, as this was the primary mode of long-distance animal transport at the time. However, in 1994, the law was amended to include all forms of transportation, except air and water travel. This change was made to reflect the shift in animal transport, with over 95% of livestock being shipped by truck rather than rail.
The amended law states that animals cannot be transported by "rail carrier, express carrier, or common carrier" (excluding air and water transport) for more than 28 consecutive hours without being unloaded for at least five hours of rest, water, and food. This amendment ensures that all animals transported over long distances receive adequate care and attention, regardless of the mode of transport.
The Twenty-Eight Hour Law is considered one of the most fundamental laws concerning animal transport and has been instrumental in improving animal welfare standards. It is enforced by the U.S. Department of Agriculture, which also has the authority to create regulations to implement and uphold the law.
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The USDA enforces the law
The 28-hour law, originally passed in 1873, was enacted to set humane standards for the transportation of livestock. The law was then repealed and reenacted in 1906 and 1994. The law states that animals transported from one state to another must be unloaded at least every 28 hours to rest, drink water, and eat. The law applies to all forms of transportation except for air and water transport.
The law is regarded as one of the most fundamental laws concerning the transport of animals. It was enacted to eliminate animal cruelty and improve animal safety. The law was originally created to regulate the transportation of livestock by railroad, as this was the most common form of transportation for animals at the time. Today, over 95% of livestock is shipped by truck, and the 28-hour law now applies to these shipments as well.
The law includes several exceptions. For example, sheep can be transported for an additional 8 hours if the 28-hour period ends at night. Additionally, animals can be confined for longer than 28 hours if they cannot be unloaded due to accidental or unavoidable causes, or if the owner requests an extension in writing. The law also does not apply if the animals have access to food, water, space, and an opportunity for rest during transport.
The USDA's decision to apply the 28-hour law to truck shipments was praised by animal rights groups as a major victory for animal welfare. However, there are still questions surrounding the enforcement of the law and how it will be implemented in practice.
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