Animal rights activists are calling for criminal charges against several workers at a Foster Farms plant in Fresno County after they were caught on a secret video throwing live chickens into a cage while other birds were being squashed by a fork lift.

The three-minute video posted on YouTube was filmed by an undercover investigator with Animal Outlook, an animal advocacy organization based in Washington, D.C.

The video shot during June and July shows several workers with a chicken collecting crew wading through hundreds of birds, tossing some violently into a cage while another worker drives a forklift casually over several birds, crushing them.

Based in Livingston in Merced County, Foster Farms is the largest poultry producer in California with multiple ranches throughout the San Joaquin Valley.

Cheryl Leahy, executive director of Animal Outlook, said she submitted the video evidence to the Fresno County District Attorney’s Office in late July, urging the workers and company be prosecuted on animal cruelty charges.

Potential charges

Taylor Long, public information officer for the district attorney, said she can’t comment on matters that may be pending review or may be involved in a current investigation.

Said Leahy: “Given our experience investigating facilities like these, we can make an educated guess about what we will uncover.

“In this case the cruelty went so far beyond even what we could have imagined — the sheer brutality of the cruelty and the numbers of animals involved cannot be explained away by aberrant workers or fixed by claims of caring.”

In an unusual move, Foster Farms officials also recommended criminal prosecution of the workers involved after uncovering “disturbing violations of the company’s Animal Welfare Policy.”

Fresno County Sheriff’s Office spokesman Tony Botti said detectives launched an investigation recently and it remains an ongoing case.

Company response

Foster Farms officials said the company did not act in response to the release of the video — they acted before.

“More than four weeks ago, Foster Farms uncovered a few employees had intentionally violated our animal welfare and training standards and procedures,” said Randy Boyce, General Counsel for Foster Farms. “Per our zero-tolerance policy, we immediately terminated those involved and referred them to Fresno County law enforcement, where they will be prosecuted to the full extent of the law.

“Put simply, the conduct was counter to everything we stand for as a company, and our actions ensure those responsible are held accountable.”

Leahy was skeptical of the company’s actions.

“While we appreciate that Foster Farms acknowledges the seriousness of animal cruelty violations like the ones revealed in our undercover investigation and is, like us, recommending charges against the individuals involved, the company cannot be allowed to evade its own responsibility,” Leahy said. “We have evidence that Foster Farms supervisors were complicit in the willful mistreatment of these animals, and the company failed to implement necessary safeguards to prevent such cruelty. Furthermore, while Foster Farms claims to have fired the responsible employees, we have no way of verifying whether these are the same individuals identified in our investigation.”

Leahy said that while it is unusual for a company, such as Foster Farms, to refer employees for prosecution, she wonders if this is simply a way to deflect attention and accountability from the corporation.

“I believe the company wants the public to believe they are sincere in wanting to root out cruel behavior from its employees. It’s much harder to publicly account for the reality that cruelty is an inherent part of animal agriculture,” she said. “When you are a multi-billion dollar corporation like Foster Farms, working your employees for 18-hour shifts in 100-degree weather and moving birds in such numbers we can’t wrap our minds around it, you are creating a formula for cruelty.”

Boyce, Foster Farm’s general counsel, said the company’s operations are guided by the nation’s leading experts in animal welfare and poultry production and its training program is one of the most comprehensive in the industry.

In addition, the company is reinforcing its animal welfare policies by retraining workers at all ranches and plants on animal welfare practices; expanding its animal welfare team with the creation of a Chief Animal Welfare Officer; creating additional Animal Welfare Director roles at each Foster Farms complex; and increasing animal welfare audits.