Animal Law Update

Commentary on Animal Law and Legal Issues

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…
Originally Posted: 25 Jan 2019 12:11 PM PST, republished with permission. In most regions of the United States, dog overpopulation as an issue has been solved, and there are more potential owners than there are local pet dogs available. For example, many of the dogs that arrive in Northeastern shelters and rescues come from the southern United States, Puerto Rico, and sometimes even foreign countries. Ending the dog surplus problem in some parts of the…
Virulent Newcastle disease (VND), formerly known as Exotic Newcastle Disease, and African Swine Fever outbreaks continue to impact poultry in California and hogs in China, respectively.  Notably, these diseases are largely not infectious to humans, but nevertheless are impacting farmers, ranchers, hobbyists, national and internal markets. California has been trying to stamp out VND since last May.  Unfortunately, the outbreak, which initially infected only backyard breeders and owners, has since spread to some commercial flocks. …
Bill A-4840 in the New Jersey Assembly, as currently drafted would interfere with the veterinarian-client-patient relationship and a pet owners ability to determine the proper care for their pets, and would provide animals greater access to free legal representation than people accused of criminal animal cruelty misdemeanors in the State.  It should not be passed unless amended. The bill, as proposed states, In any criminal court proceeding pursuant to R.S.4:22-17 et seq. or pursuant to…
The National Organic Program (NOP) is the regulatory program administered by USDA’s Agricultural Marketing Services agency that implements the Organic Foods Production Act of 1990, subsequently amended and its related regulations. In addition to other activities, AMS manages the National List of Allowed and Prohibited Substances used on certified organic premises, which it recently amended.  See 83 FR 66559-01, 2018 WL 6788997 (F.R.) Dec, 27, 2018. As published, the rule, effective on January 28, 2019:…
Some happenings at USDA and FDA that may impact your business are noteworthy. On November 16, 2018 FDA released for public comment “proposed research to validate an alternative approach for bioequivalence studies for certain animal drugs.” Bioequivalence studies are required before drugs are approved by FDA (for humans or animals) as safe and efficacious. The proposed study will measure the bioequivalence of the approved antiparasitic drugs ivermectin and praziquantel by in vitro dissolution compared to…
In a prior blog I discussed proposed amendments to Oregon’s animal cruelty statute that would provide for statutory standing to any plaintiff who files a complaint against any animal owner for alleged violations of the state’s animal cruelty statute.  Below, are summaries of several Oregon cases litigated pursuant to the current or in effect at that time. In State v. Branstetter, 45 P.3d 137 (Or. Ct. App. 2002) review denied 54 P.3d 1042, 334 Or.…
An untitled proposal to amend Oregon’s Animal Cruelty statute was posted by the Oregon Secretary of State on November 14, 2018 and is available on its website. The proposed amendment does not appear to have been formally introduced as a bill in the Oregon legislature.  The amendments, if enacted would permit anyone to file a civil action “for the protection and humane treatment of animals.”  By anyone, as the amendment provides, “plaintiff shall include any…