Judge Rules U.S. Can’t Force Farmers to Brand Cows on Face

The federal government cannot force dairy farmers to brand their cows on the face to identify them for a milk surplus reduction program until a trial is held on a humane society’s suit against the practice, a judge ruled Wednesday.

“It has long been the public policy of this country to avoid unnecessary cruelty to animals,” U.S. District Judge Michael Telesca said.

The ruling does not prevent the U.S. Agriculture Department from continuing its $1.8-billion whole herd dairy buy-out program, but it essentially puts it on hold because some farmers have been reluctant to brand their cattle, said Shalom Brilliant, an attorney who argued the case for the government.

Volunteer Action Allowed

He said farmers could still voluntarily follow the program’s hot-iron branding requirement.

Telesca, who issued a temporary restraining order April 4 against the branding requirement, issued a preliminary injunction Wednesday that prevents the government from forcing farmers to burn a three-inch “X” on their cows’ cheeks pending a full trial on the issue. He set no date for a trial.

The Humane Society of Rochester and Monroe County, which filed suit to challenge the face-branding requirement, claims the practice is inhumane and a violation of state animal cruelty laws.

The buy-out program is designed to reduce annual milk production by 12 billion pounds by killing or exporting about 950,000 dairy cows and 600,000 heifers or calves.