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gbgb9
Feb 8, 2011, 11:23 AM
Hello!

So this past Halloween I went to a haunted forest and haunted house event. There was a contest being held where you pay $15 and if you complete the contest, you got your money back. My friend entered himself, and he was actually the only one (out of hundreds of people) who won that night. Anyway, where I'm trying to get with this is the contest was terrible; they basically handed you little live animals to eat. There was a small fish-thing, huge insects, and also a duck fetus that had just died.

My question is how is this possibly legal? I don't know much about laws at all, but shouldn't animal cruelty laws cover stuff like this? I asked one of the guys who was working at the event and he said there were "loopholes that allowed them to do it."

I've tried searching for these loopholes online and I've found nothing. Do any of you know where I can find information on it?

Thanks

justcurious55
Feb 8, 2011, 11:37 AM
The duck fetus I'm not so sure about, but as for the fish and insect, I don't see how it's different than that show where contestants eat things like that. Fish and other sea creatures are very common cuisine in many cultures. Even insects are very common food in some areas. Maybe someone else will be able to answer about the duck fetus, but I don't think animal cruelty laws would apply at all to insects or the fish.

Edit: I just realized, ducks don't have fetus like humans and mammals. They lay eggs. So do you mean a raw duck egg?

oneexception
Feb 8, 2011, 11:38 AM
Start with your local SPCA and or Animal Shelter. They should know what your looking for or who to contact if they don't, and what can be done.

Wondergirl
Feb 8, 2011, 11:44 AM
edit: i just realized, ducks don't have fetus like humans and mammals. they lay eggs. so do you mean a raw duck egg?
An unhatched duckling is a fetus. I used to get fresh chicken eggs from a farm, but sometimes I'd crack open an egg to find a fetus/embryo. That's why chicken farms in the old days before factory egg farms used to candle eggs.

AK lawyer
Feb 8, 2011, 12:23 PM
... they basically handed you little live animals to eat. There was a small fish-thing, huge insects, and also a duck fetus that had just died.

... "loopholes that allowed them to do it."
...

One loophole might be that what they handed you were not at all what they led you to believe.

Duck fetus,. sure. :p P.T. Barnum would have been proud.

Another thought: eating live fish things? And insects? Isn't that like fish bait? :rolleyes:

excon
Feb 8, 2011, 12:29 PM
Hello g:

You can call it a loophole if you like, but there IS a line drawn between animals that are OK to kill, and those that aren't. You're not charged when you kill a fly, nor should you be.

excon

PS> Certainly, if we can do away with HUMAN fetus's, we can do away with a duck's.

AK lawyer
Feb 8, 2011, 12:39 PM
Hello g:

You can call it a loophole if you like, but there IS a line drawn between animals that are OK to kill, and those that aren't. You're not charged when you kill a fly, nor should you be.

excon

PS> Certainly, if we can do away with HUMAN fetus's, we can do away with a duck's.

Killing a animal and killing it cruelly are two different things.

I've prosecuted people for shooting dogs. Not for killing the dog; that wasn't a crime. But for being a terrible shot.

It is OK to kill a fly. No questions asked. If, however, you kill it by pulling its wings off that might be considered (by some) killing it cruelly. Rarely if ever prosecuted probably, but...

spitvenom
Feb 8, 2011, 12:57 PM
Actually Duck Fetus AKA Balut is a common food in the Philippines. Mostly sold by street vendors like we have hotdog vendors here.

gbgb9
Feb 9, 2011, 10:15 AM
So even though the insects and fishes were alive (they said the fetus was also alive but I do believe they lied. I think they were getting carried away with putting on the show, but who knows), it's not considered animal cruelty?

excon
Feb 9, 2011, 10:22 AM
it's not considered animal cruelty?Hello again, g:

Let's cut to the chase... What animal cruelty IS on THIS thread, is in the mind of the poster. You want to know if what they did at the party was against the law. The only way to find that out, is to call the cops. The cops will investigate and determine IF a crime was committed or not.

I don't recommend doing that, but it's the only way you're going to find out.

excon

smoothy
Feb 9, 2011, 12:24 PM
Doesn't sound at all like anythig illegal... poor taste... (maybe even poor tasting) but not illegal.

AK lawyer
Feb 9, 2011, 02:48 PM
So even though the insects and fishes were alive (they said the fetus was also alive but I do believe they lied. I think they were getting carried away with putting on the show, but who knows), it's not considered animal cruelty?

As I said before, feeding live bugs and fishes to other fishes (in other words: fishing with live bait) happens all the time. I've never heard of anybody seriously claiming that this practice is cruel.

But the only way to know if the law in your jurisdiction defines it as animal cruelty is to look at the law in your jurisdiction (state, county, province, whatever). Since you didn't tell us where you are, our only option was to discuss the matter in the abstract.

The U.S. Federal law on the subject is the Animal Welfare Act of 1966 (http://en.wikipedia.org/wiki/Animal_Welfare_Act_of_1966). "No cold-blooded vertebrates (such as fish or frogs) or invertebrates (such as fruit flies or worms) are covered by the Animal Welfare Act."
Where are you?


Hello again, g:

Let's cut to the chase... What animal cruelty IS on THIS thread, is in the mind of the poster. You want to know if what they did at the party was against the law. The only way to find that out, is to call the cops. The cops will investigate and determine IF a crime was committed or not.

I don't recommend doing that, but it's the only way you're going to find out.

excon
Except that cops are well-known for misinterpreting the laws they are charged with enforcing.

excon
Feb 9, 2011, 03:57 PM
Except that cops are well-known for misinterpreting the laws they are charged with enforcing.Hello again, lawyer:

Ergo, the law is malleable.

Are you speeding if you are going 70 in a 55 when a cop SEES you and does NOTHING?? I'd say the cop arbitrarily raised the speed limit to something over 70. You'd say you broke the law and got away with it.

excon

AK lawyer
Feb 9, 2011, 04:24 PM
Ergo, the law is malleable.


It's not just the cops who can be wrong, of course. SCOTUS, which made bad law, from Dread Scott to Roe v. Wade, has been known to be wrong. And Congress, which, of late, has been enacting laws not one single member has ever read, can do it too.

But we digress.

gbgb9
Feb 10, 2011, 11:43 AM
I'm in Tennessee.
I'll try specifying my search to my location.
Thanks everyone.

smoothy
Feb 10, 2011, 12:25 PM
Its not illegal to eat critters.

spitvenom
Feb 10, 2011, 12:29 PM
Hey Alty do yourself a favor and DO NOT Google Duck Fetus it is so gross looking.

smoothy
Feb 10, 2011, 12:33 PM
Hey Alty do yourself a favor and DO NOT google Duck Fetus it is so gross looking.

I saw Andrew Zimmern on Bizarre Foods eat one of those on TV... eww...

AK lawyer
Feb 10, 2011, 01:22 PM
Its not illegal to eat critters.

Perhaps.

But if someone is going to eat me, I think I'd prefer that they kill me humanely first.

smoothy
Feb 10, 2011, 01:27 PM
Perhaps.

But if someone is going to eat me, I think I'd prefer that they kill me humanely first.

There is a wide interpretation of what humane is... the PETA freaks claim that it is old age... vs what the normal people think it is. Then you have the sick **cks that torture animals to get their jollies.

But you have GOT to be seriously desperate or sick... to chow down on your neighbor.

AK lawyer
Feb 10, 2011, 01:48 PM
I'm in Tennessee.. .


39-14-202. Cruelty to animals. —
(a) A person commits an offense who intentionally or knowingly:
(1) Tortures, maims or grossly overworks an animal;
...


39-14-201. Definitions for animal offenses. —
As used in this part, unless the context otherwise requires:
(1) “Animal” means a domesticated living creature or a wild creature previously captured;
...
(4) “Torture” means every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted, but nothing in this part shall be construed as prohibiting the shooting of birds or game for the purpose of human food or the use of animate targets by incorporated gun clubs. Legal Resources (http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode)

So the definition of "animal" used in the statute, strictly speaking, includes birds (such as ducks), insects, and fish. All of these are "living creatures" or "wild creature" (s). Someone should point out to the legislature that vegetables are creatures too.

Smoothy notes, "Its not illegal to eat critters", but this of course is circular reasoning (it's not illegal because it's not.). I suggest, however, that inflicting some "physical pain and suffering" upon them incidental to the process of eating them would not be considered "unreasonable".