January 10, 2005

Special JVNA Newsletter - Postville Slaughterhouse Case #10

1/10/05
Shalom everyone,

This special Jewish Vegetarians of North America (JVNA) Online Newsletter is the tenth follow-up to the JVNA newsletter on the Postville slaughterhouse issue sent out on December 1, 2004. It includes much material from various perspectives to give you an idea of some of the latest developments. For additional information, please do an Internet search for recent articles and/or check web sites of PETA, the OU, and other involved groups, and the blog at failedmessiah.com.

This newsletter has the following items:

1. Article on the Postville Slaughterhouse Controversy

2. My Comments on the Above Article Interspersed Within the Article

3. PETA’s Response to Rabbi Genack’s Article

4. Response by Rabbi Shafran to PETA’s Last Rejoinder to His Recent Article

5. PETA’s Response to Rabbi Shafran’s Response Above

6. Letter From a Jewish Vegetarian Veterinarian

7. Interview With Animal Welfare Expert Temple Grandin re Postville

8. Kosher Slaughter Article by Temple Grandin

Some material has been deferred to a later update/newsletter to keep this one from being even longer.

[Materials in brackets like this [ ] within an article or forwarded message are my editorial notes/comments.]

Opinions expressed do not necessarily represent the views of the JVNA, unless otherwise indicated, but may be presented to increase awareness and/or to encourage respectful dialogue. Also, information re conferences, retreats, forums, trips, and other events does not necessarily imply endorsements by JVNA, but may be presented for informational purposes. Please use e-mail addresses, telephone numbers, and web sites to get further information about any event that you are interested in.

As always, your comments and suggestions are very welcome.

Thanks,
Richard

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1. Article on the Postville Slaughterhouse Controversy

[The complete article is below, and it will be repeated in item #2 below, with my comments interspersed.]

PETA Attacks Jewish Tradition By Michael Rosen
FrontPageMagazine.com January 7, 2005
http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=16562

Animal slaughter is not a pretty sight by any means. But a scandal rocked the Jewish world last month when People for the Ethical Treatment of Animals (PETA) released a secretly recorded videotape of the Postville, Iowa, slaughterhouse of the largest American producer of kosher meat, alleging that its practices amounted to outright animal cruelty.

PETA’s charges indeed raise some important questions. But its behavior in conducting its investigation, coupled with inflammatory past statements, suggests that the group has marked shechita -- Jewish ritual slaughter -- for extinction.

The tempest blew in when one of PETA’s members went undercover with a videocamera to AgriProcessors Inc., a cattle plant that sells strictly kosher meat under the Rubashkin label. The investigator filmed what appeared to be slaughterers using a knife to sever a cow’s carotid artery, trachea, and esophagus.

PETA showed the tape to several religious authorities here and in Israel, disgusting several of them and prompting vehement criticism of the plant’s practices. (The video is available on PETA’s website and is extremely gruesome). The organization followed up its covert operation by filing a legal complaint with the U.S. Department of Agriculture.

Several Orthodox Jewish groups, who jointly supervise the plant, scrambled to control the damage and issued a joint statement reaffirming the safety, humanity, and cleanliness of the Postville slaughterhouse. The rabbis stressed that shechita, which consists of a deep incision in an animal’s neck with a perfectly sharp knife, renders the animal insensate or unconscious within seconds.

They also vowed to stamp out the unauthorized practice of tracheal and esophagal tearing, a method that is not required for proper kosher slaughtering but which may, in spite of appearances, ease the animal’s pain by quickening the bleeding and rapidly reducing bloodflow to the brain. Iowa’s secretary of agriculture reportedly visited Postville and issued a clean bill of health.

But other aspects of the investigation have begun to emerge that discredit PETA’s investigative tactics, primarily its solicitation of criticisms from two prominent rabbis (both of whom, incidentally, turned out to be vegetarians). One of them told AgriProcessors’ attorney that the PETA operative who approached him for comment, disguised himself as a born-again Orthodox Jew curious about Judaism’s approach to animal rights. The other acknowledged the possibility of distortion in the video. Finally, PETA amended its USDA complaint to include an investigation into the role played by religious Jewish organizations.

And while PETA insists it’s intention is not to ban shechita, there is ample reason to doubt its sincerity. In early 2003, the group weighed in on the Arab-Israeli conflict after Palestinian terrorists detonated a bomb-laden donkey in an effort to murder Israelis on a nearby bus. The organization’s president, Ingrid Newkirk, fired off a letter to Yasser Arafat, addressing him as "Your Excellency" and asking him to kindly "leave the animals out of this conflict." Newkirk declined to criticize the attempted slaughter of people, claiming that "it’s not my business to inject myself into human wars."

Then later in 2003, PETA launched a new anti-meat campaign entitled "Holocaust on Your Plate." Activists displayed photographs of concentration camps alongside bloody slaughterhouse shots. PETA argued that "just as the Nazis tried to 'dehumanize' Jews by forcing them to live in filthy, crowded conditions -- animals on today’s factory farms are stripped of all that is enjoyable and natural to them."

Needless to say, these outrageous statements provoked indignation among Jewish groups. And many are convinced that against this backdrop the current investigation represents the first skirmish in a battle to outlaw shechita in the U.S. much as several European countries have already done.

Such a move would spell disaster for the ritually observant Jewish community, run against the grain of American legal tradition, and render an injustice to Jewish notions of kindness to animals.

From a legal standpoint, while PETA paints shechita as an exception to USDA regulations, federal law affirmatively declares that Jewish ritual slaughter is "hereby found to be humane." Debate over the Humane Methods of Livestock Slaughter Act, passed by Congress in the late 1950’s, featured a speech on the floor of the Senate by Hubert Humphrey (D-MN) in which the senator stated that not only is shechita "accepted as a humane method of slaughter, but it is so established by scientific research."

Admittedly, science and slaughter methods have advanced over the past forty-plus years. But Judaism pioneered animal rights by outlawing tza’ar ba’alei chayim cruelty to living beings. Hunting for sport or consumption is strictly proscribed. Animals, like people, must refrain from work and being worked on the Sabbath. In Deuteronomy, one taking eggs from a nest is commanded first to send away the mother bird. Some rabbis even extend to animals the Passover prohibition against consuming leavened food.

The profound esteem in which Judaism holds all life emerges in the laws of shechita, which aim primarily to minimize the animal’s suffering. Thus, to the extent that PETA’s video exposes genuine shortcomings in the shechita process, those concerns must vigorously be addressed. But the group’s tactics and flippant attitude to Jewish people are shameful.

While PETA itself grudgingly acknowledges that, "the whole purpose of shechita is to avoid unnecessary pain to the animal," in this case the group has, as always, put animals before humans. But Judaism, in the words of the Agudath Israel organization, "introduced human society to the concept of humane treatment of animals and, is well ahead of organizations such as PETA in its concern for welfare of all living beings."

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Michael M. Rosen, an attorney in San Diego, taught in Harvard's government department from 2001-2003.

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2. My Comments on the Above Article Interspersed Within the Article

[*** My comments are in brackets, preceded by ***, as in this example.]

PETA Attacks Jewish Tradition By Michael Rosen
FrontPageMagazine.com January 7, 2005
http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=16562

[*** The title is misleading because in this case, PETA has focused on abuses only at the Postville slaughterhouse. At their wen site and in many public statements, PETA has indicated that shechita, when properly done, is a superior method of slaughter, and they have also indicated that Jewish teachings are the strongest re compassion to animals of the Abrahamic faiths.]

Animal slaughter is not a pretty sight by any means.

[*** One benefit of the Postville controversy is that articles discussing it generally make statements similar to the statement above. However, they fail to mention that the horrible conditions at slaughterhouses are to create a product that has such negative effects on human health and on the sustainability of the planet.]

But a scandal rocked the Jewish world last month when People for the Ethical Treatment of Animals (PETA) released a secretly recorded videotape of the Postville, Iowa, slaughterhouse of the largest American producer of kosher meat, alleging that its practices amounted to outright animal cruelty.

PETA’s charges indeed raise some important questions. But its behavior in conducting its investigation, coupled with inflammatory past statements, suggests that the group has marked shechita -- Jewish ritual slaughter -- for extinction.

[*** From my involvement in this case, and from PETA’s public statements and material on its web site, this does not appear to be true. Material in past JVNA newsletters have stated that the Postville scandal should be a wake up call for Jews to reevaluate their diets, because of the many ways that the production and consumption of animal products seem to violate basic Jewish teachings, but PETA has been very conservative and focused only on improving conditions at Postville, arguing that this would be consistent with Jewish teachings on compassion to animal.]

The tempest blew in when one of PETA’s members went undercover with a videocamera to AgriProcessors Inc., a cattle plant that sells strictly kosher meat under the Rubashkin label. The investigator filmed what appeared to be slaughterers using a knife to sever a cow’s carotid artery, trachea, and esophagus.

PETA showed the tape to several religious authorities here and in Israel, disgusting several of them and prompting vehement criticism of the plant’s practices. (The video is available on PETA’s website and is extremely gruesome). The organization followed up its covert operation by filing a legal complaint with the U.S. Department of Agriculture.

Several Orthodox Jewish groups, who jointly supervise the plant, scrambled to control the damage and issued a joint statement reaffirming the safety, humanity, and cleanliness of the Postville slaughterhouse. The rabbis stressed that shechita, which consists of a deep incision in an animal’s neck with a perfectly sharp knife, renders the animal insensate or unconscious within seconds.

[*** Many veteran veterinarians and animal welfare experts, including the highly respected Temple Grandin (please see her statements below) have asserted that this did not happen at the Postville slaughterhouse.]

They also vowed to stamp out the unauthorized practice of tracheal and esophagal tearing, a method that is not required for proper kosher slaughtering but which may, in spite of appearances, ease the animal’s pain by quickening the bleeding and rapidly reducing bloodflow to the brain. Iowa’s secretary of agriculture reportedly visited Postville and issued a clean bill of health.

[*** This was after changes were made due to the scenes videotaped, a positive result of the controversy.]

But other aspects of the investigation have begun to emerge that discredit PETA’s investigative tactics, primarily its solicitation of criticisms from two prominent rabbis (both of whom, incidentally, turned out to be vegetarians). One of them told AgriProcessors’ attorney that the PETA operative who approached him for comment, disguised himself as a born-again Orthodox Jew curious about Judaism’s approach to animal rights. The other acknowledged the possibility of distortion in the video. Finally, PETA amended its USDA complaint to include an investigation into the role played by religious Jewish organizations.

[*** Rabbi Shear Yashuv Cohen has denied claims that PETA approached him under false pretenses. While, as indicated below, there is much to criticize in PETA’s belief and past actions, they have exposed a serious problem, and have been very respectful in trying to work with members of the Jewish community in alleviating the problems so that shechita will always be considered a superior method of slaughter.]

And while PETA insists it’s intention is not to ban shechita, there is ample reason to doubt its sincerity. In early 2003, the group weighed in on the Arab-Israeli conflict after Palestinian terrorists detonated a bomb-laden donkey in an effort to murder Israelis on a nearby bus. The organization’s president, Ingrid Newkirk, fired off a letter to Yasser Arafat, addressing him as "Your Excellency" and asking him to kindly "leave the animals out of this conflict." Newkirk declined to criticize the attempted slaughter of people, claiming that "it’s not my business to inject myself into human wars."

Then later in 2003, PETA launched a new anti-meat campaign entitled "Holocaust on Your Plate." Activists displayed photographs of concentration camps alongside bloody slaughterhouse shots. PETA argued that "just as the Nazis tried to 'dehumanize' Jews by forcing them to live in filthy, crowded conditionsâ€|animals on today’s factory farms are stripped of all that is enjoyable and natural to them."

Needless to say, these outrageous statements provoked indignation among Jewish groups. And many are convinced that against this backdrop the current investigation represents the first skirmish in a battle to outlaw shechita in the U.S. much as several European countries have already done.

[*** Once again, re shechita, this is inconsistent with material on PETA’s web sites and its many public statements. If conditions at Postville are improved, as has begun to happen, this will reduce criticism of shechita and make it even more unlikely that it will be singled out for criticism.]

Such a move would spell disaster for the ritually observant Jewish community, run against the grain of American legal tradition, and render an injustice to Jewish notions of kindness to animals.

[*** Although we argue that Jews should seriously consider a shift toward vegetarian diets, the JVNA has consistently spoken out against attempts to single out shechita for criticism and attempts to ban it.]

From a legal standpoint, while PETA paints shechita as an exception to USDA regulations, federal law affirmatively declares that Jewish ritual slaughter is "hereby found to be humane." Debate over the Humane Methods of Livestock Slaughter Act, passed by Congress in the late 1950’s, featured a speech on the floor of the Senate by Hubert Humphrey (D-MN) in which the senator stated that not only is shechita "accepted as a humane method of slaughter, but it is so established by scientific research."

[*** Once again, PETA has been in complete agreement re shechita being a superior method. They have just advocated changes in procedures at Postville, procedures that many veterinarians, animal rights experts, and rabbis have found shocking.] Fortunately, some progress has already been made and there are some indications that more improvements may occur.]

Admittedly, science and slaughter methods have advanced over the past forty-plus years. But Judaism pioneered animal rights by outlawing tza’ar ba’alei chayim -- cruelty to living beings. Hunting for sport or consumption is strictly proscribed. Animals, like people, must refrain from work and being worked on the Sabbath. In Deuteronomy, one taking eggs from a nest is commanded first to send away the mother bird. Some rabbis even extend to animals the Passover prohibition against consuming leavened food.

[*** Very true, and these points and many more are what JVNA tries to continually stress, but like so many in the Jewish community, the author ignores the many ways these beautiful Jewish teachings on compassion for animals are violated on factory farms.]

The profound esteem in which Judaism holds all life emerges in the laws of shechita, which aim primarily to minimize the animal’s suffering. Thus, to the extent that PETA’s video exposes genuine shortcomings in the shechita process, those concerns must vigorously be addressed. But the group’s tactics and flippant attitude to Jewish people are shameful.

[*** Again, there is certainly much to criticize in PETA’s actions, but their statements re shechita and Jewish teachings on the proper treatment of animals has been very positive, and the bottom line is to, as the author indicates, vigorously address the problems that have been exposed.]

While PETA itself grudgingly acknowledges that, "the whole purpose of shechita is to avoid unnecessary pain to the animal," in this case the group has, as always, put animals before humans. But Judaism, in the words of the Agudath Israel organization, "introduced human society to the concept of humane treatment of animals and... is well ahead of organizations such as PETA in its concern for welfare of all living beings."

[*** Yes, as the JVNA often stresses, Judaism has very positive teachings on compassion to animals. So, why is the author, Agudath Israel, and the Jewish community in general (along with most other groups and individals) ignoring the many ways that animals are being mistreated today on factory farms. And why also, are the many negative health and environmental impacts of animal-based diets also being ignored? As indicated in other articles in past JVNA newsletters, the Postville scandal should be a wake up call for Jews to consider the realities of animal-based diets and agriculture and how they negatively impact Jewish values.]

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Michael M. Rosen, an attorney in San Diego, taught in Harvard's government department from 2001-2003.

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3. PETA’s Response to Rabbi Genack’s Article

[Rabbi Genack’s article was in the last special newsletter re Postville.]

We at People for the Ethical Treatment of Animals (PETA) deeply appreciate Rabbi Menachem Genack’s thoughtful consideration of the issues surrounding the AgriProcessors controversy in his article, "Setting the Record Straight on Kosher Slaughter," and we especially appreciate the OU’s continued insistence that Jewish law is second to none in its dedication to kindness towards animals. In the spirit of setting the record entirely straight, please allow me to clarify a few points on the AgriProcessors matter specifically.

We have always agreed with Rabbi Genack that shechita, when done correctly, is more humane than other slaughter methods used in the U.S. This, in fact, is precisely our point in stating that what was happening at AgriProcessors, for years, is not properly conducted shechita, and this is clear to anyone who reviews our investigation. To echo the words of Rabbi Barry Schwartz of the Central Conference of American Rabbis’ Task Force on Kashrut, "The suffering of these animals during slaughter is sickening. Death is neither quick nor merciful. If this is kosher, then we have a big problem."

Over the seven weeks that our investigator worked at AgriProcessors, fully one-quarter of the animals in our sample were still conscious after they were dumped from the restraint, roughly one minute after their throats were cut. Extrapolated to the 18,000 animals killed during this time, any statistician will tell you that thousands of AgriProcessors’ animals suffered the same fate. We have eyewitness testimony going back almost 10 years that confirms that the abuse we documented has been the constant and the norm at AgriProcessors.

I know that Rabbi Genack will agree that cruelty to animals of this magnitude is not an "inevitable" outcome of proper shechita. And in fact, in the wake of the slaughterhouse scandal, AgriProcessors has not been able to find one scientist, animal welfare expert, or veterinarian who is willing to defend the sh oddy slaughter practices we documented. Please consider, again: One hundred percent of animal welfare scientists, veterinarians, and animal welfare experts who have reviewed this investigation have condemned AgriProcessors for cruelty.

Dr. Temple Grandin, consultant to the U.S. Department of Agriculture (USDA) and the American Meat Institute, did not mince words after viewing the tapes, stating, "I thought it was the most disgusting thing I’d ever seen." Dr. Lester Friedlander, a former USDA kosher slaughter inspector, echoed these sentiments, writing, "The footage captured by PETA represents the most egregious violation of the USDA Humane Methods of Slaughter Act (HMSA) I have ever witnessed."

AgriProcessors has also faced sharp criticism from a growing number of Rabbis, including an official condemnation of the plant by the Rabbinic Assembly of the Conservative movement, which represents one-third of American Jewry.

The Rabbinic Assembly wrote, "[T]he scenes recorded are not what shehitah should be, nor does it correspond to the Jewish way of treating animals... When a company purporting to be kosher violates the prohibition against tza’ar ba’alei hayyim, causing pain to one of God’s living creatures, that company must answer to the Jewish community, and ultimately, to God."

In the December 10 issue of Jewish Times, Rabbi Avrom Pollak, President of Star-K, agrees that AgriProcessors’ sloppy and inhumane slaughter methods left animals fully conscious after their throats were cut. "You don't see the animals thrashing on the ground like that [after losing consciousness]," he said. "You might see a leg kicking, that kind of thing, clearly an involuntary reflexive action. It is disturbing that the animal got up and walked away. The only way to explain that is a mis-cut."

Since the videos were released, AgriProcessors has made some improvements that have allowed them to consistently kill animals properly for inspectors. We are encouraged by these changes, as discussed in points 1-4 by Rabbi Genack. However, they only prove our point: AgriProcessors can do shechita correctly, but chose not to. That its attorney continues to defend as acceptable the practices we documented, which are defended by no one else, should give all of us pause. Without standards in place to ensure that animals are treated humanely, AgriProcessors could resume its crude slaughter practices at any time.

To guard against this, we are asking that AgriProcessors and the OU adopt the guidelines for ritual slaughter developed by scientists at the Food Marketing Institute. Very much in keeping with Torah law, these standards will ensure that kosher slaughter is consistently quick and as kind as possible. By implementing the FMI guidelines for ritual slaughter, the OU can rest assured that it has done its part to uphold Judaism’s venerable tradition of treating animals with kindness and mercy. And of course, if there is any halachic dispute between the FMI standards and Halacha, no one would suggest that Jewish law be violated; working with scientists, rather than against them, seems the wisest course for any person or organization dedicated to ensuring the kindest treatment possible.

PETA has undertaken countless slaughterhouse investigations during our twenty-five year history, so we agree wholeheartedly with Rabbi Genack’s contention that even in the best of conditions, the killing floor is a gruesome sight. However, the footage captured on the tapes shows something beyond the typical blood and gore -- watching the animals struggle to stand and flee while their windpipes dangle from their throats, one cannot deny that AgriProcessors’ crude and unorthodox slaughter methods violated both Jewish and federal law.

To prevent future abuses, we urge the OU and AgriProcessors to adopt the FMI standards for ritual slaughter. Readers can see the video and read the FMI guidelines and additional rabbinic and expert testimony at www.GoVeg.com. For information on Judaism and vegetarianism, please visit the Web site run by the Jewish Vegetarians of North America, at www.JewishVeg.com.

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4. Response by Rabbi Shafran to PETA’s Last Rejoinder to His Recent Article

I appreciate Mr. Goldsmith’s desire to find common ground, but must reiterate that there is a fundamental incompatibility between PETA’s view of animal welfare and Judaism’s.

For, while Judaism forbids causing animals gratuitous pain, and includes numerous laws promoting animal welfare, it does permit the constraint and use of animals for human purposes, including the killing of animals to benefit humans – things PETA is on record as deeming immoral.

And so it is not odd, but entirely germane, to raise the issue of PETA’s President’s apparent equation of human and animal life. Ms. Newkirk’s statements to that effect are hardly limited to her "rat is a dog is a pig is a boy" remark. She has compared "six million Jews" murdered by the Nazisto "six billion broiler chickens" killed for food, and has responded to reporter’s question about whether it was ethical to experiment on rats to find a cure for human disease by asking whether the reporter would endorse experimentation on the reporter’s child for the same purpose.

Those statements (and there are others, as Mr. Goldsmith must know) cannot all be dismissed as misquotations or the imaginings of hostile reporters. They are in fact remarkably consistent with one another, and reflect PETA’s leadership’s motivating conviction, which is surely deep and sincere, but nevertheless jarringly at odds with a foundational premise of the Jewish faith.

That, of course, does not make PETA into an enemy of Judaism, any more than other belief-systems at theological odds with Judaism are its enemies. But PETA’s underlying philosophy that animals have the same basic rights as humans nevertheless provides pertinent background for the issue at hand.

That is because PETA’s world-view renders it less than fully sensitive to the issue of religious liberty, an issue that is of paramount importance to Agudath Israel.

That sensitivity shortfall is evidenced most chillingly in two steps PETA has taken in its campaign against use of the "revolving pen" in shechita, which AgriProcessors’ rabbinical authorities insist upon (as does the Chief Rabbinate of Israel) as a matter of religious law. In its zeal to impose its view of animal welfare, PETA is pressuring supermarket chains around thecountry to stop selling AgriProcessors’ meats until the company discontinues its use of the revolving pen. Even more ominously, PETA is agitating for new federal regulations banning the use of such pens.

We oppose these efforts not because of some "power struggle" or because we have any relationship with a particular meat-processing facility (we do not, nor has our organization ever provided any sort of kashrut supervision) but because we view them as a clear and dangerous encroachment on the religious liberty of Jewish Americans.

Mr. Goldsmith’s own words are hardly reassuring. "Perhaps," he writes, "the OU could use its considerable influence to help change" some rabbinical authorities’ insistence on the use of a revolving pen. The scenario of any organization using "its considerable influence" to change a religious authority’s sincerely held religious stance is of a kind with the scenario of a group like PETA wielding its own considerable influence to lobby supermarkets and the government to inhibit the religious freedom of Americans.

Mr. Goldsmith goes on to suggest that "if there are issues" with the Food Marketing Institute standards, "the OU and other authorities should address those issues." The implication, though, that Orthodox Jewish representatives have never tried to voice their concerns is simply untrue.
On March 30, 2004, 15 prominent rabbinic, business and community leaders sent a letter to Mr. Tim Hammonds, the president and CEO of FMI, requesting a meeting to discuss concerns they had about the institute’s "Religious Slaughter" audit document. The kashrut leaders offered to work together with FMI to id entify parts of the audit document – including, among other things, the sort of pen to be used – that would compromise kosher consumers’ religious rights, and asked for some mechanism to be established by which the kashrut community might be represented during the FMI’s decision-making process. Mr. Hammonds never bothered responding.

More than four months later, another FMI official and a representative of a different food industry group, making no references whatsoever to the March 30 letter, wrote to one of the 15 kashrut leaders and suggested that the kashrut representatives meet with two academics to work out a "mechanism" for the kosher meat industry to implement changes in its procedures.

That sort of heavy-handed attitude, I’m afraid, does not inspire confidence that the offensive that has been launched against the largest glatt-kosher meat facility in the country is really interested only in "simple, very reasonable improvements." And it only strengthens our resolve to ensure that issues pertinent to the practice of shechita remain in the hands of Jewish religious authorities, and beyond the influence of groups with their own, different, agendas.

Rabbi Avi Shafran, director of Public Affairs, Agudath Israel of America

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5. PETA’s Response to Rabbi Shafran’s Response Above

Once again, I would like to thank Rabbi Shafran for responding to the points I raised in my last response. However, I am still certain that our goals and interests are not as divergent as Rabbi Shafran believes.

If animal rights is incompatible with Judaism, it would follow that Jews cannot be vegetarians or PETA supporters. Obviously this is not the case, and many Jews have found that PETA's views on animal welfare c

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