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Animal Law Update

Commentary on Animal Law and Legal Issues

Topics

Adoption

A Proposed New Jersey Assembly Bill Seeks to Regulate Animal Rescue Organizations and Facilities Through Consumer-Friendly RegulationCDC prohibits entry of dogs into the United States from 113 high-risk rabies-endemic countries/statesThe Dog Days of Summer at the New York Times-Part 2

Agroterrorism

The Right to Rescue or Criminal Trespass and Theft?The Animal Enterprise Terrorism Act and Undercover EmployeesUpdate on efforts to protect the U.S. food supply from agroterrorism

Animal Agriculture

Alert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the USWayne Hsiung, the activist who stole a goat kid named “Freddie,” found guilty of felony theft in North CarolinaUSDA-FSIS Extends Comment Period on Labeling Requirements for Meat and Poultry Products Comprised of, or Containing, Cultured Cells Derived from Animals.

Animal Cruelty

Update: Enforcement of the New Jersey Animal Cruelty Statute Following Repeal of Enforcement Authority of the New Jersey Society for the Prevention of Cruelty to Animals.NEW VIRGINIA LAW IMPOSES STRICT REQUIREMENTS ON COMMERCIAL BREEDERS OF RESEARCH ANIMALSNJ Bill Could Impose Unwarranted Animal Forfeiture

animal disease

Alert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the USNJ Rabies Notification Requirements Properly Amended by Governor’s VetoAlert to Swine Farmers, Veterinarians, and Related Vendors

Animal friends

Happy Halloween from our Furry Friends from Princeton to all of you

Animal Health

NJ Rabies Notification Requirements Properly Amended by Governor’s VetoFDA issues guidance #263 recommending that animal-approved over-the-counter medially important antimicrobial drugs are required to be overseen by veterinarians before sale and use.FDA issues guidance recommending that animal-approved over-the-counter medically important antimicrobial drugs are required to be overseen by veterinarians before sale and use.

Animal importation

Alert to Swine Farmers, Veterinarians, and Related VendorsPetitions Filed with Federal Agencies to Ban Trade in Wild Mammals and BirdsThe continued threat of canine rabies imported into the U.S. through unregulated rescue channels

Animal Law

Veterinary Medicine, Pet Products and CannabisThe essential role of animal studies in expediating medical research to battle the COVID-19 pandemicHow Covid-19 Has Gotten More Animal Owners To Consider Creating Pet Trusts

Animal Planning

Escalating concerns about pet custody in divorce/separationTime to comment on USDA, APHIS proposed rule requiring Contingency Plans for licensees and registrants ends August 24, 2021.Telemedicine for Veterinary Practices during COVID-19

Animal Rescue

A Proposed New Jersey Assembly Bill Seeks to Regulate Animal Rescue Organizations and Facilities Through Consumer-Friendly RegulationThe Federal Healthy Dog Importation Act Garners Wide-Ranging SupportProtecting Animals and People from Potentially Infected Dogs Imported into the U.S.

Animal Rights

Stand up for AnimalsNew York’s Highest Court Affirms Motion to Dismiss Petition for Writ of Habeas Corpus for Happy, the ElephantNew Jersey Supreme Court reaffirms public policy underpinning the NJ rescue doctrine is limited to the protection of human life

Animal Sanctuary

Allegations swirl around the care of chimpanzees at Project Chimps, as reported in Animal Wildlife Watch

Animal Shelter

The Dog Days of Summer at the New York Times-Part 2The Dog Days of Summer at the New York TimesRocky’s Law in New Jersey Requires Significant Amendments Before Adoption-Part II

Animal Traceability

USDA announces plans to enhance its ability to trace animal diseases

Animal Training

New York Makes It Unlawful To Misrepresent Dogs as Service AnimalsBerserk Male Syndrome - Viable Claim for Negligence?Animal Importers-for adoption or sale-New Regulations under review

Animal Welfare

Stand up for AnimalsRegulatory Standards for Pet Grooming ProductsThink First Before You Raffle Off That Animal

Animal Welfare Act

Comments Due for USDA’s Proposed Regulations Governing Standards for Birds Not Bred for Use in Research Under the Animal Welfare ActAnimal Exhibitor Alert: Follow-Up to Animal and Plant Health Inspection Service’s (APHIS) Controls Over Licensing of Animal ExhibitorsNotice to AWA registrants and licensees. How USDA OIG Audit Report: Animal Care Program Oversight of Dog Breeders may impact you.

Antimicrobial resistance

Data Collection of Antimicrobial Use In Animals

Ballot Initiative

Oregon’s "Animal Cruelty" Initiative-Colorado’s Anti-Agriculture Initiative on SteroidsWhat is "Chicken"? - More on Colorado’s Proposed Referendum on Animal Agriculture

Big Cat Public Safety Act

How Amendments to the Captive Wildlife Safety Act, if Enacted, Would Impact USDA Licensed Exhibitors

Big Cats

How Amendments to the Captive Wildlife Safety Act, if Enacted, Would Impact USDA Licensed ExhibitorsUnintended Consequences that would result from adoption of the Big Cat Public Safety Act

Biomedical Research

NEW VIRGINIA LAW IMPOSES STRICT REQUIREMENTS ON COMMERCIAL BREEDERS OF RESEARCH ANIMALSAlert to researchers working with agricultural animals – updated guidance availableThe Mantra of Animal Rights Activists: IF AT FIRST YOU DON’T SUCCEED, TRY, TRY AGAIN

Breed-ban legislation

Pit Bull Owners in the City of Council Bluffs, Iowa Lose 8th Circuit Appeal Challenging Ordinance Banning Pit Bull Ownership in City

Chimpanzee

Allegations swirl around the care of chimpanzees at Project Chimps, as reported in Animal Wildlife Watch

Circus

The latest version of New Jersey’s Nosey’s Law needs a nose job.NYC Council will consider a proposed circus ban (and more)

Compounding Animal Drugs

California Proposes Regulations Governing Compounding in a Veterinary PremisesUpdate to FDA’s Guidance #256 on Compounded Animal DrugsFDA Continues Proposed Extra-Statutory Authority Over Compounded Animal Drugs

COVID 19

Concerns about NJ's proposed legislation requiring licensure of veterinary technicians in the face of a veterinary workplace crisisAnimal research crucial in COVID-19 vaccine development | Commentary by MATTHEW R. BAILEYUpdated COVID-19 Health and Safety Requirements for Veterinarians in New Jersey

Disasters

Time to comment on USDA, APHIS proposed rule requiring Contingency Plans for licensees and registrants ends August 24, 2021.COVID 19 PROVES THAT ANIMAL RESEARCH REMAINS VITAL TO HUMAN AND ANIMAL HEALTHUpdate: Universities and Colleges: Coronavirus Planning Must Include Protecting Animals on Campus

Dog Breeding

Pet Store Sourcing Bans Do Nothing to Help Dogs or People Searching for Life-long PetsALERT TO AWA LICENSEES AND REGISTRANTSPress Release: International Partnership for Dogs Calls for Collective Actions for Health and Welfare of Pedigree Dogs

Domestic Violence

Washington Supreme Court finds that a "person" can be a victim of a crime of domestic violence if their pet is subjected to acts of animal cruelty

Emergency response

Alert to Swine Farmers, Veterinarians, and Related VendorsTime to comment on USDA, APHIS proposed rule requiring Contingency Plans for licensees and registrants ends August 24, 2021.Help for animal owners and businesses affected by recent hurricanes

Emotional support animals

Ninth Circuit Affirms No Formal Third-Party Certification Requirement for Service AnimalsEmotional support animals are considered pets not service animals by US Department of Transportation.The 2020 Aviation Symposium Sponsored by Fox Rothschild LLP

Endangered Species Act

Will Captive Japanese Macaques Be Re-designated by U.S. Fish and Wildlife Service (FWS) as Threatened?Lawsuit challenges New Jersey laws banning possession, importation, and export of certain game animal parts and products.How Animal Activists Harm Animals

EPA

Regulatory Standards for Pet Grooming ProductsAnimal Biotechnology-The Way Forward

Equine

Bills which made it through the NJ legislature this session and some bills to watch in the next session.Think First Before You Raffle Off That AnimalFederal Court Upholds Disqualification of Maximum Security in the 2019 Kentucky Derby, Part 2

Equine Rescue

How you can help unwanted, aged and retired horses find homes.On The Dismal State of Equine Rescue In The Garden State Where The Horse Is The Official State Animal.

Exotic and wild animals

Animal Exhibitor Alert: Follow-Up to Animal and Plant Health Inspection Service’s (APHIS) Controls Over Licensing of Animal ExhibitorsUnintended Consequences that would result from adoption of the Big Cat Public Safety ActAnimal Models Remain Vital for COVID-19 Research

Fair Housing Act

California Apartment Owner Pays $100,000 to Settle Emotional Support Animal Fair Housing Case

Farms

Animal Welfare Labeling Can Be Litigation Trap for Farms, Food Industry and Restaurants

Federal Laws and Regulations

Comments Due for USDA’s Proposed Regulations Governing Standards for Birds Not Bred for Use in Research Under the Animal Welfare ActData Collection of Antimicrobial Use In AnimalsAlert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the US

Feral Cats

Proposed NJ Bill That Would Provide for “Community Cats” Does Not Adequately Address Harm to Wildlife and Disease Concerns From Feral Cat PopulationsNJ Proposes a Stray Animal Study Commission

Feral swine

USDA Supported Feral Swine Eradication Efforts in the United States

Food and Drug Law Institute

Annual Conference of the Food and Drug Law Institute

Food industry

Veterinary Medicine, Pet Products and CannabisPart 1: What can meat processing facilities do to protect their essential employees from COVID-19 and comply with federal and state guidelines.Animal Welfare Labeling Can Be Litigation Trap for Farms, Food Industry and Restaurants

foothold traps

New Jersey Court Upholds NJDEP's Regulation Permitting the Use of a Foothold Trap

Genetic testing

Concerns about the validity and use of genetic testing in animals.

Global diseases

A Cautionary Tale About COVID-19 and AnimalsAnimal Models Remain Vital for COVID-19 ResearchThe Perils of Importation of Dogs from Egypt Acknowledged and Temporarily Ceased by US Government.

Health and Safety

NEW VIRGINIA LAW IMPOSES STRICT REQUIREMENTS ON COMMERCIAL BREEDERS OF RESEARCH ANIMALSAlert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the USNJ Rabies Notification Requirements Properly Amended by Governor’s Veto

Hog Farming

Alert to Swine Farmers, Veterinarians, and Related VendorsFood Recycling in Hog Farming is Losing its Allure

Horse Racing

Federal Court Upholds Disqualification of Maximum Security in the 2019 Kentucky Derby, Part 2Federal Court Upholds Disqualification of Maximum Security in the 2019 Kentucky Derby, Part 1Guest Post: Injuries and Related Drug Use on the Track-Part 1

Human-Animal Bond

State Restrictions on Pet Burials in Cemeteries Can Be Hard on Owners

Hunting

New Jersey prohibits bear hunting on DEP held landsLawsuit challenges New Jersey laws banning possession, importation, and export of certain game animal parts and products.Drones Rising

Infectious Disease

Alert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the USNJ Rabies Notification Requirements Properly Amended by Governor’s VetoAlert to Swine Farmers, Veterinarians, and Related Vendors

Insurance

Pet Insurance: Navigating the Complex WebTips for Veterinarians Responding to Complaints Filed with the New Jersey State Board of Veterinary Medical Examiners.What More You Should Know About Dog Fighting

Judicious use of antimicrobials

FDA issues guidance #263 recommending that animal-approved over-the-counter medially important antimicrobial drugs are required to be overseen by veterinarians before sale and use.

Labeling

USDA-FSIS Extends Comment Period on Labeling Requirements for Meat and Poultry Products Comprised of, or Containing, Cultured Cells Derived from Animals.USDA Food Safety and Inspection Service responds to petitions regarding labeling of products that are not produced from directly from animalsVeterinary Medicine, Pet Products and Cannabis

Laboratory Testing

NJ Rabies Notification Requirements Properly Amended by Governor’s VetoThe essential role of animal studies in expediating medical research to battle the COVID-19 pandemicNew Jersey Department of Agriculture’s Division of Animal Health Proposed Laboratory Fee Regulation Amendments

Landlord/tenant

When is a landlord liable for tenant’s dangerous dog (in North Carolina)

Law enforcement

Proposed bills would change effective dates of animal cruelty enforcement provisions in New JerseyThe trials and tribulations of the NJSPCA

Legal Liability

Veterinary Medicine, Pet Products and CannabisFederal Court Upholds Disqualification of Maximum Security in the 2019 Kentucky Derby, Part 1Guest post from NAIA: Three Cheers for the Supremes!

Legislation

NJ Rabies Notification Requirements Properly Amended by Governor’s VetoPit Bull Owners in the City of Council Bluffs, Iowa Lose 8th Circuit Appeal Challenging Ordinance Banning Pit Bull Ownership in CityVeterinary Medicine, Pet Products and Cannabis

Municipal Ordinances

State Restrictions on Pet Burials in Cemeteries Can Be Hard on OwnersFirst Reading of Ordinance to limit dog ownership in Shamong Township, NJNYC Council will consider a proposed circus ban (and more)

Non-economic damages

Non-economic damages for pet loss may be coming to New Jersey

OSHA

Notice to Aquaria: Fifth Circuit reversed OSHA order about "scientific diving" exemption to Commercial Diving Operations

Personhood

Stand up for AnimalsNew York’s Highest Court Affirms Motion to Dismiss Petition for Writ of Habeas Corpus for Happy, the ElephantNew Jersey Supreme Court reaffirms public policy underpinning the NJ rescue doctrine is limited to the protection of human life

Pet custody

Escalating concerns about pet custody in divorce/separationNavigating Animal Law Issues in Family Court

Pet Health Insurance

Is it time to get pet insurance?

Pet Stores

Pet Store Sourcing Bans Do Nothing to Help Dogs or People Searching for Life-long PetsRegulatory Standards for Pet Grooming ProductsThe Dog Days of Summer at the New York Times

Pet Trusts and Wills

How Covid-19 Has Gotten More Animal Owners To Consider Creating Pet TrustsLimiting pet owners’ wishes for their pets set forth in their will based on public policy concerns.

Pet Warranties

Arizona citizens and pet stores beware: Arizona proposed bill to amend pet purchaser remedies also repeals state preemption

Pre-conviction forfeiture

Oregon case law analyzing and implementing the state’s animal cruelty statute.

Public Health

NJ Rabies Notification Requirements Properly Amended by Governor’s VetoThe essential role of animal studies in expediating medical research to battle the COVID-19 pandemicNew Rule Published Governing Practice of Veterinary Medicine in New Jersey

Real Property

Service Animal or Playful Pet? Complying with the Americans with Disabilities ActPets and Domestic Animals in New York May Be Able To Sue Their OwnersGuard Dog Owners: How Will NJ's "Assault By Animal" Bill Affect You?

Religious slaughter

The Intersection of Religion and Regulation Creates Challenges for Halal and Kosher Meat ProductionUnited Poultry Concerns Tries to Stop Kaporos (Again)

Restaurants

Animal Welfare Labeling Can Be Litigation Trap for Farms, Food Industry and Restaurants

Safety

The essential role of animal studies in expediating medical research to battle the COVID-19 pandemicFDA revises its guidance for drug sponsors of new food animal drugsDairy Farmers under FDA’s Scrutiny

SeaWorld

Lack of Standing—Fatal Obstacle to Plaintiffs in Complaint Against SeaWorld

Service Animals

Ninth Circuit Affirms No Formal Third-Party Certification Requirement for Service AnimalsEmotional support animals are considered pets not service animals by US Department of Transportation.A Brief History of Miniature Horses and the ADA

Sports & Entertainment

Federal Court Upholds Disqualification of Maximum Security in the 2019 Kentucky Derby, Part 2Federal Court Upholds Disqualification of Maximum Security in the 2019 Kentucky Derby, Part 1NYC Council will consider a proposed circus ban (and more)

Standing

Stand up for Animals

State Preemption

Arizona citizens and pet stores beware: Arizona proposed bill to amend pet purchaser remedies also repeals state preemption

Swine Feeding

Food Recycling in Hog Farming is Losing its Allure

Telemedicine

Veterinary Medicine, Pet Products and CannabisFifth Circuit U.S. Court of Appeals Round Two: Ronald S. Hines, Doctor of Veterinary MedicineCOVID 19 Update Telemedicine: Enhanced Tools Available for Veterinarians

Transportation

New York Legislator’s bill would ban federally legal shipment of certain animals by US Postal Service is likely preempted by federal law.Emotional support animals are considered pets not service animals by US Department of Transportation.Attempts to correct the unintended consequences in the “Hours of Service (HOS) of Drivers” regulations related to the transportation of agricultural commodities.

Trapping

New Jersey Court Upholds NJDEP's Regulation Permitting the Use of a Foothold Trap

Trusts and Wills

New Jersey Pet Trust BillUpdating Pet Trust Statutes-Part IIIUpdating Pet Trust Statutes-Part II

U.S. Department of Agriculture (USDA)

Comments Due for USDA’s Proposed Regulations Governing Standards for Birds Not Bred for Use in Research Under the Animal Welfare ActAlert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the USAlert to Swine Farmers, Veterinarians, and Related Vendors

U.S. Food & Drug Administration (FDA)

FDA issues guidance #263 recommending that animal-approved over-the-counter medially important antimicrobial drugs are required to be overseen by veterinarians before sale and use.FDA issues guidance recommending that animal-approved over-the-counter medically important antimicrobial drugs are required to be overseen by veterinarians before sale and use.Veterinary Medicine, Pet Products and Cannabis

Uncategorized

Should the perpetrator(s) of the theft of animals and acts of vandalism at the Dallas Zoo be charged with violations of the Animal Enterprise Terrorism Act?Update: Enforcement of the New Jersey Animal Cruelty Statute Following Repeal of Enforcement Authority of the New Jersey Society for the Prevention of Cruelty to Animals.A TRIBUTE TO JASMINE

USDA

Food Recycling in Hog Farming is Losing its AllureUSDA, APHIS, Wildlife Services Offers Mammal Damage Management AssistanceUSDA amends the national list of allowed and prohibited substances for livestock in the National Organic Program.

Veterinary Examining Boards

Who can perform laboratory tests on an owned animal in California when no veterinarian-client-patient relationship exists?Veterinary Medicine, Pet Products and CannabisCalifornia Veterinary Board to discuss lack of access to veterinary care in California

Veterinary Law

The Regulation of Hemp, Hemp Derivatives and CBD in Animal ProductsAnother proposed bill in New Jersey that is unnecessary and will increase the cost of veterinary medicine for animal owners.Telemedicine for Veterinary Practices during COVID-19

Veterinary Medicine

Who can perform laboratory tests on an owned animal in California when no veterinarian-client-patient relationship exists?Concerns about NJ's proposed legislation requiring licensure of veterinary technicians in the face of a veterinary workplace crisisFDA issues guidance recommending that animal-approved over-the-counter medically important antimicrobial drugs are required to be overseen by veterinarians before sale and use.

Vicious Dog Laws

When is a landlord liable for tenant’s dangerous dog (in North Carolina)Dogs Remain Man's Best Friend

Wildlife

Petitions Filed with Federal Agencies to Ban Trade in Wild Mammals and BirdsUSDA, APHIS, Wildlife Services Offers Mammal Damage Management AssistanceOh Africa!

Women in Leadership

Guest Blog: Some interesting data on women in leadership roles in science and ag

Zoos and Aquaria

ALERT TO AWA LICENSEES AND REGISTRANTSUnintended Consequences that would result from adoption of the Big Cat Public Safety ActLack of Standing—Fatal Obstacle to Plaintiffs in Complaint Against SeaWorld

Animal Law Update

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