Private Governance and Animal Welfare

9 Geo. Wash. J. Energy & Envtl. L. 21 (2018)

U of Houston Law Center No. 2018 A-5

12 Pages Posted: 8 May 2018 Last revised: 24 Feb 2019

See all articles by Sarah Morath

Sarah Morath

Wake Forest University - School of Law; University of Houston Law Center

Date Written: May 2, 2018

Abstract

At present, there are no animal welfare standards for agricultural animals at the federal level. Yet public support for agricultural animal welfare is growing. Private entities such as retailers have responded in a number of ways including adopting voluntary animal welfare standards and adding animal welfare labels to products. For example, Walmart recently announced it would adopt the globally recognized “five freedoms” animal welfare and McDonald’s, the biggest purchaser of eggs in Canada and U.S., announced plans to go “cage free” over the next ten years.

This article explores the various types of private governance that has emerged in response to both a regulatory void and growing consumer demand for the humane treatment of agricultural animals. Part I of this article provides a brief overview of farmed animal welfare concerns. Part II introduces private environmental governance and the regulatory instruments available to private entities. This part focuses on three instruments used to address farmed animal welfare: performance standards; information; and procurement or supply chain contracting. Part IV explores different motivations for the changes being made by private entities including consumer preference, state requirements, and investor concerns. The article concludes by offering some standards by which the effectiveness of private animal welfare governance could be measured.

Keywords: agricultural animals, private governance, private environmental governance, food labels, animal welfare, supply chain contracting, voluntary standards

Suggested Citation

Morath, Sarah, Private Governance and Animal Welfare (May 2, 2018). 9 Geo. Wash. J. Energy & Envtl. L. 21 (2018), U of Houston Law Center No. 2018 A-5, Available at SSRN: https://ssrn.com/abstract=3172107

Sarah Morath (Contact Author)

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
3306343003 (Phone)

University of Houston Law Center ( email )

4604 Calhoun Road
4604 Calhoun Road
Houston, TX 77204-6060
United States

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