The 2-year-old petition from Animal Partisan to the USDA’s Food Safety and Inspection Service (FSIS), calling upon the agency to share its federal jurisdiction over animal abuse with state law enforcement, continues to gain support from animal activists.
Murrieta, CA–based Ryther Law Group (RLG) and Expand Animal Rights Now (EARN), legal organizations specializing in cases affecting the rights, standing, and welfare of animals — including farm animals — signed on to Petition 23-07 earlier this month.
“FSIS Inspection Program Personnel regularly document instances of animal cruelty, such as repeated blows to stunned animals and prolonged denial of water in extreme heat,” the RLG/EARN letter said. “However, state prosecutors almost never pursue criminal charges because they mistakenly believe that federal inspection equates to exclusive jurisdiction.”
The endorsement letter states that Petition 23-07 reveals that this misconception stems from the decades-long failure to clarify FSIS’s position on preemption. It claims that:
1. Federal laws — such as the Federal Meat Inspection Act (FMIA), Humane Methods of Slaughter Act (HMSA), and Poultry Products Inspection Act (PPIA) — do not automatically prevent state officials from enforcing their animal cruelty laws. In other words, states are not categorically preempted from enforcing state anti-cruelty laws.
2. FSIS should work with state authorities by providing timely, clear communications, such as Letters of Concern to enhance and support enforcement of state animal cruelty laws.
RLG/EARN says that when state authorities and FSIS can act upon the same evidence, potential violators face the combined threat of state and federal penalties. “That two-track enforcement regime makes for a much stronger deterrent than either system alone, ensuring more comprehensive protection for farmed animals,” it added.
Princess Bednarski, Livestock Manager for the Houston Humane Society (HHS), filed the first letter of 2025 in support of the Animal Partisan petition. Richmond, VA-based Animal Partisan describes itself as a legal advocacy organization that creatively utilizes the legal system to disrupt the U.S. animal agriculture industry. HHS is an animal shelter and veterinary clinic in Houston, involved in the rehabilitation and treatment of animals, including some farm animals.
The petition requests that FSIS issue a notice to convey that:
1) State government officials are not categorically preempted from enforcing state anti-cruelty laws by the Federal Meat Inspection Act, the Humane Methods of Slaughter Act, or the Poultry Products Inspection Act, and
2) FSIS personnel should cooperate with state government officials in the enforcement of state anti-cruelty laws and improve clarity and frequency of communication, such as Letters of Concern LOC to those officials.
During 2023 and 2024, numerous other animal welfare organizations commented in support of the Animal Partisan petition. Those included the National Animal Care and Control Association, the Farmed Animal Advocacy Clinic, the Veterinary Association for Farm Animal Welfare, Animal Welfare Institute and others.
Then it went without any further comments for almost a year. That changed with the HHS filing in Jine.
HHS claimed Texas animal abuse laws are “under enforced” because of FSIS policy.
“We support Animal Partisan’s petition and encourage FSIS to issue a policy statement clarifying that state law enforcement officials are not automatically preempted from enforcing state anti-cruelty laws,” the HHS letter said. “We also urge FSIS to work more closely with state law enforcement officials to better enforce these laws in cases involving farm animals.”
FSIS received the Animal Partisan Petition on Sept. 2, 2023. It was assigned to the FSIS Office of Policy and Program Development for review. With the 2025 endorsements, the petition has generated supportive comments over three years; however, there is no indication that FSIS will approve it.
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