Animal Law Update

Commentary on Animal Law and Legal Issues

As previously described, FDA has updated its Draft Guidance for Industry, #120, regarding the Veterinary Feed Directive Regulation. The intersection of federal and state law impacted by this regulation is interesting. Specifically, what is the impact to a veterinarian when the Veterinarian-Client-Patient relationship as defined by the relevant state law (governing that veterinarian’s license) conflicts with or is otherwise different from FDA’s definition? FDA has revised its guidance regarding this issue, quoted here.  See…
FDA recently released an edited version of its previously released guidance on the Veterinary Feed Directive Regulation fashioned as questions and answers.  (See Guidance #120). Some of the edited and added Q&A will be discussed in future blogs, but the list of the edited and newly added questions, delineated in the table of contents, is reproduced here for those veterinarians impacted (which includes any veterinarian who issues a VFD for the use of…
As part of its activities Wildlife Services (WS) provides assistance to private and public entities, including tribes and other governmental agencies, when requested to develop programs in cooperation with “land and animal management agencies to reduce damage [caused by animals] effectively and efficiently in accordance with applicable federal, state and local laws and Memorandums of Understanding . . . between WS and other agencies.”  See Environmental Assessment, Mammal Damage Management in the State of New
New Jersey bills S3551 and A5040 would require a vaccination schedule that is inconsistent with veterinary recommendations. For example, the bills would require that “if the animal is a dog, [it] has received its first parvo and distemper vaccines and at least one booster, and the dog’s rabies inoculations are up to date.” According to the American Animal Hospital Association (AAHA), and consistent with existing state laws “A single dose of rabies vaccine [should be…
Rocky’s Law, S3551 and its companion A5040, would require the mandatory registration of animal rescue organizations, as opposed to the current laws providing for voluntary registration.  They would also would require all animal rescue organizations, pet shops, shelters and pounds to conduct and provide test results about the animal’s medical status and behavioral history to people purchasing* pets. The expansion of existing pet shop requirements to animal rescue organizations and shelters is laudable, but…
In 2014 and 2015, 26 nuisance lawsuits representing over 500 North Carolina residents were brought against Murphy-Brown, a subsidiary of Smithfield Foods, in North Carolina federal court.  The lawsuits involve 89 hog farms or “CAFOs” (Concentrated Animal Feeding Operations) in Eastern North Carolina.  Although Murphy-Brown owns some of the farms itself, in most instances, Murphy-Brown contracts with independent farm owners.  Under these arrangements, the hog farmers own the farm but Murphy-Brown owns the hogs and…
Republished with permission.  Originally posted on Feb 20, 2019.   Here’s some good news! Supreme Court says constitutional protection against excessive fines applies to state actions: “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies. . . . Even absent a political motive,…
HB 688, introduced on January 3, 2019, would I. Makes changes to the definition of pet vendor and defines hobby breeder. II. Establishes the companion animal welfare division in the department of agriculture, markets, and food. III.  Establishes the animal transfer database in the department of agriculture, markets, and food. IV. Creates a license for animal shelters and modifies the license for pet vendors. V. Allows hobby breeders to register with the department of agriculture,…
S3366 (Senator Stack) and identical bill A3684 (Assemblywomen Chaparro and McKnight) recently introduced bills that would expand the requirements of notification to animal owners before their animals were tested for rabies virus.  Such measures could unreasonably delay testing that is required to ensure that other animals and humans were not exposed to rabies virus, a nearly 100% fatal virus. Rabies testing requires extraction and testing of the brain, following euthanasia. The bill would also permit…
Arizona bill HB 2329,  a bill titled “pet dealers: purchaser remedies” includes a repeal of Section 44-1799.11 of the Arizona Revised Statutes in the last line of the bill.  That section has nothing to do with purchaser remedies but everything to do with the regulation of pet dealers in Arizona.  Specifically, 44-1799.11 states The regulation of pet dealers is a matter of statewide concern. A city, town or county may enact or enforce an ordinance to…