Recently, the Eight Circuit upheld one of two challenged provisions of Iowa’s Agricultural Production Facility Fraud statute.  The Access Provision passed constitutional muster against allegations that the statute violated the First Amendment free speech clause—but the employment provision did not. The Eight Circuit affirmed in part and reversed in part the United States District Court for the Southern District of Iowa’s grant of summary judgment for plaintiff organizations “alleging that Iowa statute criminalizing agricultural production…

FDA has continued to exercise its authority, via guidance documents, which FDA says, while not legally enforceable, represent the agencies current thinking on the topic.  To further the judicious use of medically important antimicrobial drugs in animals, the goal of Guidance #263 is to: (1) Limit medically important antimicrobial drugs to uses in animals that are considered necessary for assuring animal health, and (2) Limit medically important antimicrobial drugs to uses in animals that include…

Entities responsible for animals covered by the AWA will be required to establish and implement contingency planning for emergency response by USDA, APHIS once a proposed rule is finally adopted (see Docket No. APHIS-2020-0101). Specifically, the rule would require regulated entities to establish and implement contingency planning by 180 days after the final rule has been adopted, train relevant staff within 60 days of establishing those contingency plans, but would not require regulated entities…

Missouri Bill HB 574,  approved by the Governor on June 10, 2021, effective on August 28, 2021, “prohibits the inspection of certain grounds or facilities in Missouri to enforce the laws of a state other than Missouri,” more specifically, This bill specifies that the Missouri Department of Agriculture, Department of Natural Resources, the United States Department of Agriculture, the county sheriff and any other federal or Missouri state agency with statutory or regulatory authority…

Proposed New Jersey Assembly Bill A5715 (the “Rescue Animal Disclosure Act” or the “Bill”) which would provide for the regulation of animal rescue organizations and facilities (“Animal Rescue”) in New Jersey, was introduced in May, with no sister bill to date in the Senate. The Bill would require the Animal Rescue to provide consumers with an animal’s medical and behavioral history and permit the return of an animal within 21 days of adoption, under certain…

The Ninth Circuit’s recent holding[1] that “the ADA prohibits certification requirements for qualifying service dogs” is a timely reminder for all persons using service animals that certification of a service animal’s task-performing ability by a third party is prohibited under the Americans with Disabilities Act (ADA) for qualification as a service animal. The underlying logic of the Ninth Circuit’s holding may further extend to the U.S. Department of Transportation (“DOT”)’s December 2020 final rule…