4.4. SR 04-07-2014 - Laserfiche WebLink

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Department of Parks, 67 Agric. Dec. at 1082-84. There is no question these events meet the commerce and compensation requirements of the exhibitor definition. In addition, the animals used in the bull running events do not fall within the "farm animal" exemption13 to the AWA definition of animals. In order for bulls or steers to be exempt, they must be used for "food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber." 9 C.F.R. § 1.1. It is without question that the forced running of these animals does not serve any of these purposes that would allow for application of the exemption. And while it is possible that the ranches that supply the animals for the events may ultimately slaughter the animals for food if they are returned, the animals are still regulated because the non-exempt use is sufficient to trigger the AWA. Indeed, USDA has explicitly held as such. In re: Daniel J. Hill 67 Agric. Dec. at 205 (Holding that when farm animals are utilized for different purposes, some of which fall within the exemption and others that do not, an AWA license is required for any regulated activities as a matter of law.); See also Animal Care Resource Guide, Policy #17, and AC Inspection Guide for Animal Rides (regulating cattle).14 As such, any person who wishes to hold a bull running event must possess a Class C license issued by USDA, 9 C.F.R. § 2.1. Before they may obtain the license, however, the exhibitor must first demonstrate to the agency that the "premises and any animals...used or intended for use in the [exhibition] comply" with the AWA rules and regulations. 9 C.F.R. § 2.3. All exhibitors are required to ensure that, during exhibition, the animals, the public and participants are safe. 9 C.F.R. § 2.131(c)(1) ("During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance 13 Similarly, these events do not fall within any of the several categories of activities that are explicitly exempted from the definition of"exhibitor." See 9 C.F.R. § 1.1 ("Exhibitor" excludes "retail pet stores, horse and dog races, [ ]county fairs, livestock shows, rodeos, field trials, coursing events, purebred dog and cat shows and any other fairs or exhibitions intended to advance agricultural arts and sciences as may be determined by the Secretary.") Though the sponsors of bull running events may attempt to liken them to rodeos due to the fact that rodeos also use bulls, the use of the same species of animals is the extent of the similarity. Regardless of the merit of excluding rodeos from the ambit of the AWA, bull running events clearly do not "advance agricultural arts and sciences" and, as such, they do not fit within the express exemptions from the term "exhibitor." 14 Nor do these events constitute "livestock shows" or "rodeos" such that they would be exempted from the definition of exhibitor. 9 C.F.R. § LL The term "rodeo' is defined as "a public exhibition of cowboy skills, as bronco riding and calf roping." Random House Online Dictionary, 2013 (http:/l dictionary.reference.com/browse/rodeo). A "livestock show" is generally an exhibition, often sponsored by a 4-H or FFA chapter, where livestock are judged on conformance to characteristics related to their species and breed. See, e.g., http://rodeohouston.com/L_ivestockShow.aspx. Neither of these terms comes close to describing what happens at the bull running events. Further, bull running events cannot be said to "advance agricultural arts and sciences." 9 C.F.R. § 1.1. 5