Shade and Shelter Law Update

NOFA VT and Rural VT are working with farmers, grazing professionals, and others to offer amendments to, and testimony on, Act 116 – Adequate Shelter for Livestock.  This bill was amended last year to require livestock to have access to shelter or shade at all times, and removed the exemption for “any accepted housing or grazing practices for any livestock industry” (leaving the exemption for dairy in place).  Our organizations and a number of farmers and grazing professionals who testified to the House Agriculture committee on February 2nd, and who have been corresponding about this law, feel strongly that:

1. Access to shelter and shade at all times for all livestock is not necessarily an indicator of animal welfare or abuse.  

2. Current language in Act 116 disproportionately impacts the grazing community (in particular farmers practicing Adaptive Multi-Paddock Grazing - AMP Grazing) and farms which happen to be more in the public eye.  

3. Current language in Act 116 conflicts with Current Use laws when it comes to integrating agricultural land in Current Use with forestry land in Current Use in order to provide access to shade for livestock.  

4. It is important to have language in the law that accurately reflects conditions of animal abuse and mistreatment, and which accounts for progressive livestock and land management methods.  It is critical to have people who are professionally trained in diversified livestock management, and in assessing livestock condition and welfare, responding to reports of abuse and neglect in order to make an accurate and informed assessment of the situation.  In lieu of this, the Agency of Agriculture is required by law to be consulted prior to any enforcement action, to "provide guidance to the law enforcement community", and "the Agency's Animal Health Section personnel are available to assist humane and law enforcement agents for purposes of determining if a situation represents an acceptable husbandry practice (VAAFM website, https://agriculture.vermont.gov/animal-health/animal-welfare)."

We are offering these proposed amendments which are based on the National Organic Program Standards (NOPs).  This language essentially changes the requirement for shade / shelter to be based on “inclement weather” which may threaten animal welfare (extremes of heat, cold, etc.) – as opposed to the current language requiring access to shade / shelter at all times regardless of environmental conditions.

If you are a livestock farmer and would like to provide feedback on the current law and /or our suggested amendment, please be in touch with Graham (graham@ruralvermont.org).