Adequate Shade and Shelter Law Update

We continue to work with a group of farmers and grazing experts to advocate on this issue, and to understand how animal welfare complaints are responded to in VT.  We have brought in more farmers to testify in Committee, have attended and provided public comment at the Livestock Care and Standards Advisory Council, and have met with the State Veterinarian - Kristin Haas.  There is resistance to the language we have offered, but there is an interest in making sure the concerns we have brought to the table are addressed.  We are currently seeking clarity on interpretation of legal language to understand how to appropriately move forward.

As a reminder, 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 law requires livestock to have access to shelter or shade at all times, and last year the exemption for “any accepted housing or grazing practices for any livestock industry” was removed, and the definition for adequate shelter was refined.  Our organizations and a number of farmers and grazing professionals who testified to the House Agriculture Committee on multiple occasions now 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 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.