Tijdschrift voor Agrarisch Recht - Volume 85, Issue 11, 2025

In the Netherlands, animal welfare receives the attention it deserves. Respect for animals and recognition of their intrinsic value are growing. At the same time, the Netherlands has a large livestock sector with the highest livestock density in the EU, which creates tension. Part of the Dutch population believes that we are ahead of the curve when it comes to animal welfare. This article focuses on whether that is actually the case. Dutch legislation on animal welfare only goes beyond the minimum requirements set out in European regulations in certain areas. An important future goal is the realisation of “animal-friendly livestock farming” (laid down in Article 2.3a of the Animals Act since July 2024), aimed at adapting farming systems to the needs of animals, with a target date of 2040. In addition to legal standards, private quality marks (such as the Beter Leven quality mark) and a covenant signed in June 2025 play an important role in promoting higher welfare standards. Enforcement of animal welfare rules takes place under both criminal and administrative law. Authorities such as the NVWA, LID, police and RVO are involved. Enforcement is considered to be largely effective.

Animals in the United States are considered personal property, and owners are responsible for the well-being of their animals. Laws and regulations enacted by the federal government and the 50 states protect animals, and public interest in animal welfare is significant. US producers on almost a million farms raise billions of animals, including cattle, hogs, poultry, and other species. A few federal laws govern the welfare of livestock, especially at slaughter, during transportation, and for organic certification. All states regulate animal welfare, and some state measures explicitly protect livestock, but allow normal husbandry practices. A few states that govern livestock production practices impose space requirements; some states prohibit sale of products from animals raised in confinement, even when those animals are raised in another state. Enforcement of animal welfare standards is often inconsistent, both at the federal level and in the states. Recent reductions in USDA and other federal government personnel are likely to diminish the efficacy of federal animal welfare laws. Nonetheless, the protection of livestock remains critical both to producers and to consumers

This article discusses the Dutch approach to preventing occupational accidents and diseases in the agricultural sector. First, attention is paid to the prevention of occupational accidents under public labour conditions legislation. This legislation focuses on the personal responsibility of employers for safe working conditions. Labour conditions legislation offers employers the opportunity to comply with legal requirements through semi-self-regulation. A typical example of this is the possibility of drawing up sector-specific “health and safety catalogues” in collaboration with social partners within the agricultural sector. In this way, employers themselves determine practical safety measures for their sector within the legal framework. The emphasis on self-regulation also applies to the monitoring of compliance with working conditions legislation: under certain conditions, employers are allowed to investigate occupational accidents themselves. In addition, civil law has a preventive effect on the prevention of occupational accidents and diseases. Employers have a civil law duty of care to ensure a safe working environment for employees. If an employer violates this duty of care, there is a risk of a claim for damages from an employee who is the victim of an occupational accident or disease. On top of this comes the civil law obligation to continue paying wages during illness. This obligation to continue paying wages provides a financial incentive to prevent unsafe working conditions and absenteeism due to occupational accidents. In short, the Dutch approach combines legal objectives, sector-specific (semi-)self-regulation and civil law financial incentives in the context of the prevention of occupational accidents and diseases.