Good News! Attorney General's Opinion Regarding Horsemeat Transport

May 27, 2008

If you're having trouble viewing this email, click this link. Subscription information is in the footer of this email. In This Issue Good News! Attorney General's Opinion Regarding Horsemeat Transport Good News! Attorney General's Opinion Regarding Horsemeat Transport The Attorney General has issued an opinion stating that Texas law prohibits the transport of horsemeat through the state of Texas for export to foreign countries.Background: Texas State Rep. Warren Chisum (R-Pampa) requested an Attorney General's opinion as to whether or not horsemeat could be transported through Texas for shipment to other countries. This request was a transparent attempt to make an end-run around last year's 5th Circuit Court of Appeals decision, with the hopes of allowing horse meat for human consumption (from horses slaughtered in Mexico) to be transported through Texas.On Tuesday, May 7, 2008, the Attorney General issued his opinion on whether Chapter 149 of the Texas Agricultural Code would apply to foreign corporations that transport horsemeat for human consumption

through Texas for export. The main question before the Attorney General was whether certain federal statutes would preempt state law and therefore allow the transport of horsemeat through Texas on its way to final destinations in Europe and other foreign countries. The Attorney General concluded that the United States Tariff Act and its applicable federal regulations did not expressly or impliedly preempt the application of Chapter 149 to a foreign corporation transporting horsemeat for human consumption through Texas. In addition, the Attorney General also analyzed the impact on foreign commerce, finding that Chapter 149 does not violate the federal dormant Commerce Clause by discriminating against foreign commerce. Click here to read the full text of the Attorney General's opinion. TEXAS HUMANE LEGISLATION NETWORK Promoting the humane treatment of animals

throughlegislation, education and advocacy. Visit us at www.thln.com. P.O. Box 685283 Austin, TX 78768-5283 action_alerts www.thln.com 888-548-6263