By Seth Millstein for Sentient.
Broadcast version by Deborah Van Fleet for Nebraska News Connection reporting for the Sentient-Public News Service Collaboration
If you consider yourself a conscious consumer, grocery shopping can get very complicated very quickly, with countless different labels implying that the food inside was produced humanely. It's important to know what these labels mean, and that can be difficult with a term like "organic," which is often used loosely in casual conversation. But what does meat or dairy being organic really mean for animals, farmers and consumers? We break the latest rules down in this explainer.
To start, the answer is more complicated than you might think. Just six percent of all food sold in the U.S. is organic, but any meat or produce that's marketed as such has to be approved by the United States Department of Agriculture. Although the Trump administration had suspended any updates to the organic standards, the Biden Administration reversed that decision, and earlier this year, the USDA announced its updated rules for organically-produced livestock.
The change was the culmination of a years-long push by some organic farmers to improve how animals are treated on organic farms, and USDA Secretary Tom Vilsack celebrated the changes as a win for animals, producers and consumers.
"This organic poultry and livestock standard establishes clear and strong standards that will increase the consistency of animal welfare practices in organic production and in how these practices are enforced," Vilsack said in a statement. "Competitive markets help deliver greater value to all producers, regardless of size."
Before looking at what "organic" means under these changes, however, it's important to know what it doesn't mean.
Does 'Organic' Mean Pesticide-Free?
No. Organic doesn't mean pesticide-free, and this is a common misconception. Although the standards for organically-produced livestock do place some limits on the use of medications, antibiotics, parasiticides, herbicides and other synthetic chemicals in livestock farming, they don't prohibit the use of all pesticides - just most of the synthetic ones, though even then, there are exceptions.
What Do the Current Organic Rules for Livestock Require?
The purpose of the USDA's new Organic Livestock and Poultry Standards is to ensure "clear, consistent and enforceable" animal welfare standards, according to the Organic Trade Association. The rules cover all types of livestock: non-aviary species like lamb and cattle have one set of requirements, while birds of all kinds have another. There are also some additional rules that apply to specific species, such as pigs.
It's long - over 100 pages in total. Some of the rules are fairly simple, like the bans on certain practices, including gestation crates for pregnant pigs; others, like those addressing how much space livestock must have in their living quarters, are much more lengthy and complex.
One thing to keep in mind is that these rules only apply to farms and companies that want their products to be certified organic. It's perfectly legal for producers to ignore all of these requirements, so long as they don't market or refer to their products as "organic." They might instead opt for one of the food labels with less or no regulation at all, like "natural."
Lastly, although these rules take effect in 2025, there's one big exception: Any farm that's certified as organic before 2025 will have until 2029 to abide by the new standards. This provision effectively gives existing producers, including the largest ones, more time to adapt to the new rules than any new farms.
With that said, let's take a look at what these standards are.
New Organic Rules for Livestock's Outdoor Access
The new rules require organically-produced livestock to have access to outdoor space, a privilege many livestock are not afforded. Under the new rules, non-avian livestock like cows and lamb must have year-round access to "the outdoors, shade, shelter, exercise areas, fresh air, clean water for drinking, and direct sunlight." If that outdoor area has soil, it must be maintained "as appropriate for the season, climate, geography, species of livestock." The previous rule required outdoor access, but didn't specify any maintenance requirements for outdoor areas.
Birds, meanwhile, need to have "year-round access to the outdoors, soil, shade, shelter, exercise areas, fresh air, direct sunlight, clean water for drinking, materials for dust bathing, and adequate space to escape aggressive behaviors."
The shelters must be constructed such that birds have "ready access" to the outdoors throughout the day. For every 360 birds, there must be "one (1) linear foot of exit area space;" this, according to the USDA's calculations, would ensure that no bird has to wait more than an hour to come inside or go outside.
Egg-laying chickens are required to have access to at least one square foot of outdoor space for every 2.25 pounds of bird at the facility; this requirement is calculated per pound, rather than per bird, to account for variations in size between different birds of the same species. Broiler chickens, on the other hand, are to be given a "flat rate" of at least two square feet per bird.
New Organic Requirements for Livestock's Indoor Space & Housing
The new organic standards also require farmers to give animals enough space to stretch their bodies, move around, and engage in their natural behaviors.
The indoor shelters for non-avian livestock state that the animals have to be given enough space "to lie down, stand up, and fully stretch their limbs and allow livestock to express their normal patterns of behavior over a 24-hour period." This is much more specific than the previous version, which only required enough space for "natural maintenance, comfort behaviors and exercise," and made no reference to how often the animals must have access to this space.
The new rules say that animals may be temporarily confined to spaces that don't meet these requirements - for instance, during milking - but only if they also have "complete freedom of movement during significant parts of the day for grazing, loafing, and exhibiting natural social behavior."
For birds, the indoor shelters must be "sufficiently spacious to allow all birds to move freely, stretch both wings simultaneously, stand normally, and engage in natural behaviors," including "dust bathing, scratching, and perching." In addition, although artificial lighting is allowed, birds must be given at least eight hours of continuous darkness every day.
The rules require that egg-laying chickens be given at least six inches of perch space per bird; chickens who are raised for meat, and non-chicken birds that also lay eggs, are exempt from this requirement.
Organic Rules for Livestock's Health Care
Under the new rules, all surgeries to treat disease in livestock must be carried out "in a manner that employs best management practices in order to minimize pain, stress, and suffering" of the animal. This is a significant addition, as the previous rules did not require farmers to do anything to minimize the pain of animals during surgery.
The USDA has a list of approved anesthetics that may be used on animals during surgery; however, if none of those anesthetics are available, producers are required to take alternative steps to ease the animal's pain - even if doing so results in the animals losing their "organic" status.
Banned Practices for Organic Livestock
The following procedures and devices are completely banned under the new rules for organic products:
- Tail docking (cows). This refers to the removal of most or all of a cow's tail.
- Gestation crates and farrowing cages (pigs). These are harshly-confining cages that mother pigs are kept in during pregnancy and after giving birth.
- Induced molting (chickens). Also known as forced molting, this is the practice of depriving chickens of food and/or daylight for up to two weeks in order to temporarily increase their egg output.
- Wattling (cows). This painful procedure involves slicing off chunks of the skin under a cow's neck for identification purposes.
- Toe clipping (chickens). This refers to cutting off a chicken's toes to prevent them from scratching themselves.
- Mulesing (sheep). Another painful procedure, this is when portions of a sheep's hindquarters are cut off in order to reduce the risk of infection.
The new regulations also contain partial bans on other common factory farm practices. They are:
- Debeaking (chickens). This is the practice of cutting off chickens' beaks to prevent them from pecking one another. The new regulations prohibit debeaking in many contexts, but still permit it so long as a) it takes place within the first 10 days of a chick's life, and b) it doesn't involve removing more than one-third of chick's upper beak.
- Tail docking (sheep). While tail docking of cattle is flatly prohibited, sheep's tails may still be docked under the new regulations, but only up to the distal end of the caudal fold.
- Teeth clipping (pigs). This refers to removing the top-third of a pig's needle teeth to prevent them from injuring each other. The new rules state that teeth clipping may not be performed on a routine basis, but is permitted when alternative attempts to reduce infighting have failed.
Do Organizations Other Than the USDA Offer Certification for Animal Products?
Yes. In addition to the USDA, several nonprofit organizations offer their own certifications for ostensibly "humane" food products. Here are a few of them; for a more thorough comparison of how their welfare standards compare to each other,
the Animal Welfare Institute has you covered.
Animal Welfare Approved
Animal Welfare Approved (AWA) is a certification granted by the nonprofit A Greener World. Its standards are quite rigorous: all animals must have continuous outdoor pasture access, tail-docking and beak-trimming are prohibited, no animals may be kept in cages and calves must be raised by their mothers, among other requirements.
Over the last century, the chicken industry has selectively
bred chickens to grow so abnormally large that many of them can't support their own weight. In an attempt to combat this, AWA standards place a limit on how quickly chickens can grow (no more than 40 grams a day, on average).
Certified Humane
The Certified Humane label is granted by the nonprofit organization Humane Farm Animal Care, which has
developed its own specific welfare standards for each of the most commonly farmed animals. Certified Humane standards require that cows have access to the outdoors (but not necessarily pasture), pigs have adequate bedding and access to rooting materials, egg-laying hens have at least one square foot of space per bird, and perhaps most significantly, no animals of any kind are kept in cages.
Note that Certified Humane is not the same as American Humane Certified, a different program that many animal rights activists believe is
insufficiently committed to animal welfare at best - and
actively deceptive at worst.
GAP-Certified
The Global Animal Partnership, another nonprofit, differs from the other organizations on this list in that it offers a ranked certification program, with products receiving different "grades" depending on which level of standards they adhere to.
Most of GAP's standards focus on what sort of access animals have to pastures, and the organization has
many different metrics for assessing this. It also addresses other areas of animal welfare; under GAP standards, cages are prohibited for both pigs and chickens, and beef cows may not be fed any growth hormones of any kind.
How Does 'Organic' Compare With Other Labels?
Animal products are often marketed as being "cage-free," "free-range" or "pasture-raised." All of these terms have different meanings, and some can have multiple meanings depending on the context.
Cage-Free
At least three different organizations offer "cage-free" certification:
The USDA,
Certified Humane and
United Egg Producers (UEP), a trade group. Naturally, all three of them define the term differently; in general, all three prohibit cages, but some are more stringent than others. For instance, the USDA has no minimum space requirements for cage-free chickens, while Certified Humane does.
Additionally,
all eggs produced in California are cage-free, thanks to the passage of Proposition 12.
In any event,
a lack of cages doesn't necessarily mean these chickens are living happy, healthy lives. There's no requirement that cage-free chickens be given access to the outdoors, for instance, and although the UEP discourages beak-trimming on cage-free farms, it doesn't prohibit it.
Despite these shortcomings, studies have shown that
cage-free systems significantly reduce the amount of pain that chickens experience on factory farms.
Free-Range
Under current USDA rules,
poultry products can use the label "free-range" if the flock in question was "provided shelter in a building, room, or area with unlimited access to food, fresh water, and continuous access to the outdoors during their production cycle," with the stipulation that outdoor areas can't be fenced in or covered with netting.
Certified Humane's Free-Range standards are more specific, with a requirement that the chickens get at least six hours outdoor access a day and two square feet of outdoor space per bird.
Pasture-Raised
Unlike "cage-free" and "free-range," "pasture-raised" labeling is not regulated by the government at all. If you see a product that's labeled "pasture-raised" without the mention of any third-party certification, it's essentially meaningless.
If a product is Certified Humane Pasture-Raised, however, it means quite a lot - specifically, that
every chicken had at least 108 square feet of outdoor space for at least six hours a day.
Meanwhile, all AWA-certified products are pasture-raised, regardless of whether those words appear on the label, as this is a core requirement of their certification.
The Bottom Line
The new USDA Organic regulations do hold organic meat companies to a higher level of animal welfare than non-organic products, and that includes large players like Tyson Foods and Perdue with organic product lines. The new standards aren't quite as high as those of some third-party certifiers, like AWA, and even for the best certifications, how animals are raised in reality depends on the quality of oversight and independent inspectors. Ultimately,
"humanewashing" has become a common enough marketing practice that it's easy for even the savviest shoppers to be fooled by unverified or deceptive labeling. The fact that a product is marketed as "humane" doesn't necessarily make it so, and likewise, the fact that a product is marketed as organic also doesn't necessarily mean it's humane.
Seth Millstein wrote this article for Sentient.
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By Marlena Williams for Sentient.
Broadcast version by Kathleen Shannon for Greater Dakota News Service reporting for the Sentient-Public News Service Collaboration
On Friday, the Supreme Court handed down their long-awaited opinion in Loper Bright Enterprises v. Raimondo, overruling decades of settled precedent and effectively gutting the power of federal agencies to regulate on behalf of consumers, workers, animals and the environment. Loper Bright threatens a wide range of federal regulations, including policies that govern food safety and water pollution. The decision could undercut the authority of the federal agencies that regulate the meat and dairy industries and protect endangered species, meaning the loss of Chevron could also be a major loss for animals.
The Loper Bright case centered on a 40-year-old administrative law doctrine known as Chevron deference, which requires courts to defer to executive agencies' reasonable interpretations of ambiguous statutes. Under Chevron, agencies like the Environmental Protection Agency, the Securities and Exchange Commission and the Food and Drug Administration had considerable leeway to interpret federal laws and issue regulations based on their specific knowledge and expertise. The Supreme Court's momentous decision on Friday dramatically shifts power away from these federal agencies and towards the increasingly conservative federal courts.
What is Chevron Deference?
Chevron deference has been law since 1984, when the Supreme Court decided the landmark case Chevron U.S.A., Inc. v. Natural Resources Defense Council. In the decades after the case was decided, Chevron became shorthand for the idea that courts should defer to federal agencies when they are interpreting and applying ambiguous parts of federal statutes. As long as an agency's interpretation of a statute was reasonable, a court could not substitute its own interpretation of a law for that of an agency.
As a result, Chevron deference gave executive agencies wide latitude to fill in the gaps Congress left in sprawling, complex pieces of federal legislation. Federal agencies were able to issue regulations based on their specific expertise and respond to developing situations and needs, including climate change and the Covid pandemic.
Loper Bright and its companion case, Relentless, Inc. v. Department of Commerce, take that power away from expert agencies and give judges the massive authority to make complicated, often highly technical or scientific policy decisions about everything from dangerous pollutants to life-saving medications, as well as the meat and dairy industries.
The twin cases were brought by Atlantic herring fisherman who challenged a National Marine Fisheries Service (NMFS) policy that required them to pay out-of-pocket for federal monitors onboard their ships to enforce limits designed to prevent overfishing. But the fishermen's victory at the Supreme Court was also a win for major corporations, conservative politicians and even several members of the current Supreme Court who have long been hostile to Chevron deference and the power it granted federal agencies.
In January, The New York Times reported that the two cases were bankrolled by the conservative Koch Network, founded by the petrochemical giants Charles and David Koch. Overruling Chevron culminates a decades-long conservative project to roll back federal regulations and eviscerate what some call "the administrative state."
A Closer Look At the Opinion
In the 35-page opinion issued on June 28, just days before the belated end of the Supreme Court's latest controversial term, Chief Justice John Roberts outlined the Court's reasoning for overturning Chevron. The Court described the Chevron decision as a misguided and inconsistently applied "fiction" riddled with a "byzantine set of preconditions and exceptions" that have led some lower courts to ignore the doctrine altogether.
Relying on a novel interpretation of the Administrative Procedure Act, as well as timeworn constitutional arguments about the separation of powers, the Court asserted that it is the job of the neutral judicial system, not the executive branch, to decide complicated legal and statutory questions. While it appears that courts may still consult agency expertise for guidance, under Loper Bright, they are no longer required to give agencies deference as required by Chevron. The Court also seemed to suggest that Congress can, under certain circumstances, confer discretionary authority to an agency, but such authority will no longer be presumed.
In a forceful dissent joined by the court's three liberal justices, Justice Elena Kagan criticizes the majority for ignoring precedent, dismissing the value of agency expertise and dismantling what has become a cornerstone of modern law and governance.
"In one fell swoop, the majority today gives itself exclusive power over every open issue - no matter how expertise-driven or policy-laden - involving the meaning of regulatory law," wrote Justice Kagan. "As if it did not have enough on its plate, the majority turns itself into the country's administrative czar."
What Overruling Chevron Means for Animals and the Environment
Since the Court handed down its ruling on Friday, many groups have voiced their opposition to the decision, including the Sierra Club, the Natural Resource Defense Council, and the Southern Environmental Law Center. Environmental groups worry that the decision could have profound consequences for the agencies tasked with keeping our land, water and air healthy and clean. Without Chevron, it may be easier for polluting industries or other actors to challenge the actions of agencies like the Environmental Protection Agency or the Department of the Interior, in turn imperling regulations meant to curb pollution, protect the environment and slow the progress of climate change.
Earlier this year, Sentient reported on how overruling Chevron could impact farmed animals and wildlife. Many federal agencies - including the United States Department of Agriculture, the Food and Drug Administration and the U.S. Fish and Wildlife Service - play crucial roles in regulating animal industries and protecting wildlife. Animal advocates worry that losing Chevron will make it easier for courts to overturn regulations that directly or indirectly benefit animals.
For example, the end of Chevron may threaten pending emissions limitations for slaughterhouses and rendering plants and potentially undo new animal welfare standards rolled out by the USDA.
Overruling Chevron may also undermine the power of the Endangered Species Act, which is administered by two federal agencies: the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration. Courts have often deferred to these agencies' interpretations of the Endangered Species Act in litigation involving endangered wildlife, but the ruling in Loper Bright could make endangered animals even more vulnerable by making courts less deferential to the agencies tasked with protecting them.
The U.S. Fish and Wildlife Service recently issued finalized rules designed to revise habitat and species classifications and help the ESA to respond more readily to the effects of climate change on wildlife. Without Chevron deference, any challenge to these new rules is more likely to prevail.
However, some animal lawyers and advocates think overturning Chevron will ultimately have little impact on farmed animals, and may even benefit them. Without Chevron, judges might have room to look more critically at actions by agencies like the USDA or the EPA that have negative impacts on animals and rule in favor of advocates seeking more protections.
An Uncertain Future
Future litigation will likely be necessary before we understand the true contours of the new legal landscape the Supreme Court created last week. But it is clear that Loper Bright and Relentless signal a definitive turn towards deregulation, one that will make it even harder for agencies to regulate on the behalf of people, animals and the environment.
Marlena Williams wrote this article for Sentient.
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By Jessica Scott-Reid for Sentient.
Broadcast version by Suzanne Potter for California News Service reporting for the Sentient-Public News Service Collaboration
A growing number of consumers want to know that their meat, dairy and eggs come from animals who were treated well. The trend has become so widespread, in fact, that in the past decade, animal welfare labels have become a familiar sight on grocery store shelves. Now, a growing number of industry and animal welfare groups say fish welfare labels are the next frontier. The once-pervasive "happy cow" marketing campaign of the early-aughts may soon find a new life with the fish industry, as we enter the era of the "happy fish." But just as with labels for meat and dairy, the promise does not always meet the reality. In other words, there's no reason to believe the practice described as humane-washing won't be a problem for fish too.
The Rise of 'Sustainably Raised' Fish
Americans are saying they want to eat a lot more fish these days, citing a mix of health and environmental concerns. Just as many consumers of meat are drawn to cuts marked "sustainable," fish shoppers too are looking for an environmental seal of approval. So much so, in fact, that the "sustainable" seafood market is predicted to reach more than $26 million by 2030.
One popular sustainability certification program for wild caught fish is the blue check from the Marine Stewardship Council (MSC), one of the oldest fish certifications, used for an estimated 15 percent of the global wild fish catch. The blue check signals to consumers that the fish "comes from healthy and sustainable fish stocks," according to the group, meaning that the fisheries considered the environmental impact and how well the fish populations were managed to avoid overfishing. So while restricting how many fish a company harvests doesn't address how fish die, it at least avoids wiping out entire populations.
Yet the pledge does not always match the practice. According to a 2020 analysis, researchers found that MSC blue check marketing materials often misrepresent the typical environment of the fisheries it certifies. Even though the certifying group "disproportionately features photographs of small-scale fisheries," most of the fish certified by MSC Blue Check are "overwhelmingly from industrial fisheries." And while around half of the group's promotional content "featured small-scale, low-impact fishing methods," in reality, these types of fisheries represent a mere "7 percent of the products it certified."
In reaction to the study, the Marine Stewardship Council "raised concerns" about the authors' connection to a group that had criticized MSC in the past. The journal conducted a post-publication editorial review and found no errors in the study's findings, though it did revise two characterizations of the council in the article and revise the competing interest statement.
Sentient reached out to the Marine Stewardship Council to ask about what, if any, animal welfare standards the blue check promises. In an email response, Jackie Marks, senior communications and public relations manager for MSC replied that the organization is "on a mission to end overfishing," with a focus on environmentally sustainable fishing" and "ensuring that the health of all species and habitats are protected for the future." But, she continues, "humane harvest and animal sentience sit outside the MSC's remit."
Another resource for conscious consumers is the Monterey Bay Seafood Watch Guide. The online tool shows consumers which species and from which regions to "responsibly" purchase, and which ones to avoid, covering wild fisheries and aquaculture operations alike. Here too, the emphasis is on environmental sustainability: "Seafood Watch's recommendations address the environmental impacts of seafood production to help ensure that it is fished and farmed in ways that promote the long-term well-being of wildlife and the environment," according to its website.
Yet in Seafood Watch's extensive standards for aquaculture, and for fisheries, (all 89 and 129 pages, respectively), standards that "promote the long-term well-being of wildlife," neither animal welfare nor humane treatment are mentioned. For now, most fish labels with claims about sustainability primarily cover environmental practices, but a new crop of labels that investigate fish welfare are on the horizon.
The Future of Fish Labels Includes Fish Welfare
Up until a few years ago, most consumers didn't give much thought to fish, how they lived or whether they were capable of suffering. But a growing body of research has uncovered evidence of fish sentience, including that some fish recognize themselves in the mirror, and are quite capable of feeling pain.
As the public learns more about the inner lives of all sorts of animals, including fish, some consumers are willing to pay more for products that assure them the fish was treated well. Fish and seafood companies are taking notice of this, along with some labeling bodies, including the Aquaculture Stewardship Council, which has called animal welfare "a key factor in defining 'responsible production."
In 2022, ASC published its Fish Health and Welfare Criterion draft, where the group called for certain welfare considerations to be included, including "anesthesia of fish during handling operations that can inflict pain or injury if fish are moving," and "maximum time fish can be out of water," that "shall be signed off by a veterinarian."
Much like most meat industry labels, the group leaves oversight mainly to farmers. ASC spokesperson Maria Filipa Castanheira tells Sentient that the group's "work on Fish Health and Welfare consists of a set of indicators that allows farmers to continuously monitor and evaluate their farming systems and the status of fish species." These are "real daily actions that take into account some key indicators defined as Operational Welfare Indicators (OWI): water quality, morphology, behavior and mortality," she adds.
Heather Browning, PhD, a researcher and lecturer on animal welfare at the University of Southampton, raised concerns about the measures. Browning, telling industry publication The Fish Site that these measures mostly focus more on animal health than well-being.
Other measures that could address animal well-being specifically include preventing overcrowding - which is common and can lead to stress - and avoiding sensory deprivation caused by a lack of natural stimuli. Mishandling during capture or transport can also cause fish to suffer, and slaughter methods for farmed fish, also often considered by animal protection advocates to be inhumane, are overlooked by many labeling schemes.
Fish Welfare for Wild and Farmed Fish
In the U.S., "wild caught" labeled fish do tend to experience some welfare benefits as compared to farmed fish, at least during their lives.
According to Lekelia Jenkins, PhD, associate professor of sustainability at Arizona State University, who specializes in solutions for sustainable fisheries, these animals "grow up in their natural environments, are allowed to engage in the ecosystem and provide their ecological function in their natural environment." This, she adds, "is a healthy thing for the environment and the fish up to the point of capture." Compare this to many fish raised in industrial aquaculture operations, where overcrowding and living in tanks can cause stress and suffering.
That all takes a drastic turn for the worse, however, when fish are caught. According to a 2021 report by Eurogroup for Animals, fish can die in any number of painful ways, including "chased to exhaustion," crushed or asphyxiated. Numerous other fish called bycatch are also caught up in nets and killed in the process, often in the same painful manner.
Is a Better Death for Fish Even Possible?
While regulating "humane slaughter" is notoriously difficult, a number of national welfare organizations are trying, including Australia's RSPCA, Friends of the Sea, RSPCA Assured and Best Aquaculture Practices, by making stunning before slaughter mandatory. Advocacy group Compassion in World Farming created a table that lists the standards - and lack thereof - for a variety of fish labeling schemes, including whether the way the fish is slaughtered is humane and whether stunning prior to killing is mandatory.
CIWF tells Sentient that for the group "humane slaughter" is codified as "slaughter without suffering, which can take one of those three forms: death is instantaneous; stunning is instantaneous and death intervenes before consciousness returns; death is more gradual but is non-aversive." It adds that "Instantaneous is interpreted by the EU as taking less than a second."
Included on CIWF's list is the Global Animal Partnership (GAP), which also requires stunning before slaughter, but unlike the others, also requires larger living conditions, minimized stocking densities and enrichment for farmed salmon. However, a representative from GAP tells Sentient that, for now, there are no GAP-certified salmon operations.
Still, there are other efforts, some more ambitious than others. One, the Ike Jime slaughtering method, aims to fully kill the fish in seconds, while the other, cell cultivated fish, requires no slaughter at all.
Jessica Scott-Reid wrote this article for Sentient.
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