Blog – Animal Law Update

http://animallaw.foxrothschild.com/

Join our team of seasoned attorneys as they offer valuable insight to proposed regulatory and statutory amendments that may impact your animal-related businesses or activities.

Recent Blog Posts

  • Potential Risks from Pet Therapy Programs Pet therapy programs have been expanding throughout the country, based largely on the increasing recognition that humans benefit from the human-animal bond.  The human-animal bond is defined by the American Veterinary Medical Association as: a mutually beneficial and dynamic relationship between people and animals that is influenced by behaviors that are essential to the health and well-being of both. This includes, but is not limited to, emotional, psychological, and physical interactions of people, animals, and the environment. While the IRS, in (PLR... More
  • On The Dismal State of Equine Rescue In The Garden State Where The Horse Is The Official State Animal. Horses in New Jersey are highly regarded.  When designating the horse as New Jersey’s state animal in 1977 Governor Bryne said: “The founding fathers of our state thought so highly of the horse that they included it in our state seal.” In New Jersey, as specified in the Humane Standards, equine rescue operations must provide care “consistent with the “AAEP Care Guidelines for Equine Rescue and Retirement Facilities” or “Equine Rescue and Facility Guidelines, UC Davis.”  N.J.A.C. §2:8-3.6. Both resources provide comprehensive guidelines to help... More
  • Biomedical Research Advocacy Like many other animal-related businesses universities, researchers, pharmaceutical companies, their suppliers, associated businesses and non-profit trade associations, are facing increasing scrutiny by the public who seemingly object to the use of animals in research, even though research benefits animals as well as humans. To address these issues and concerns head on, the New Jersey Association of Biomedical Research recently hosted one of the most significant efforts to promote biomedical research advocacy, the “Biomedical Research Summit,” presented by Bristol-Myers Squibb, also sponsored... More
  • On the critical issue of veterinary telemedicine in New Jersey and the United States A proposed bill “authorizing the provision of health care services through telemedicine and telehealth” (S291) is now on the desk of the Governor of New Jersey for action. The bill, which authorizes “the provision of health care services through telemedicine and telehealth” governs such services provided by veterinarians, as “[h]ealth care providers,” fails to acknowledge or provide for issues specific to veterinary medicine.  For example, several provisions require the “patient’s request” before providing health care services through telemedicine.  Clearly animal patients... More
  • Words Matter-Chimpanzees are not “Clients” You have probably heard of the decision by the First Judicial Department’s Appellate’s Division upholding the lower courts’ decision not to sign orders to show cause seeking the transfer of chimpanzees from one form of captivity to another, under the rejected narrative that writs of habeas corpus should be applied to the chimps because they are allegedly “persons.” Citing to and relying on the amicus brief filed by Pepperdine Law Professor Richard Cupp, the Court held that animals are not legal persons... More
  • Connecticut Advocates for Justice, not Animals With little fanfare, Connecticut adopted a law authorizing a “separate advocate be appointed to represent the interests of justice” in certain animal cruelty cases involving the “welfare or custody of a cat or dog.”  While there was some concern raised by AKC and other associations before its adoption, the potential impact of this law did not hit home until recently, when a Connecticut court first heard from advocates appointed in a case involving alleged dog fighting, as reported by NPR. According... More
  • “Come See Our World” presented by Americans for Medical Progress American for Medical Progress (AMP),[1] “a nonprofit organization dedicated to protecting society’s investment in biomedical research,” just launched an important new educational tool for the public to see and understand the truth behind modern animal research.  “Come See Our World”  is a digital invitation into the world of “essential animal research,” that provides all those interested and concerned a behind-the-scenes glimpse into world of animal research, with a front seat to view the care that research animals receive.  Without this... More
  • Requiring professional law enforcement oversight of animal cruelty investigations will actually help animals-banning humanely raised, healthy puppies will not. Today, lawmakers in Trenton, New Jersey did not have the opportunity to reject an attempted override to Governor Christie’s condition veto of Senator Lesniak’s so-called “puppy mill bill,” one of more than 200 similar laws nationwide orchestrated by the Humane Society of the United States and other animal rights groups opposed to anyone who makes money breeding, raising and selling animals.  The bill, as previously discussed, was chock-full of constitutional violations, that were mostly―but not completely ―cured by the Governor’s... More
  • Governor Christie right-sizes Pet Purchase Protection Law (mostly) Governor Christie issued a conditional veto on May 1, 2017, amending S 3041 significantly and correcting some constitutional deficiencies in the existing law (New Jersey’s Pet Purchase Protection Act) as well as glaring constitutional violations in S 3041 that ended up on the Governor’s desk. Explaining his support of efforts to protect New Jersey pet purchasers and require “responsible conduct among pet breeders and brokers” the Governor rejected much of the newly proposed amendments finding that “aspects of this bill go... More
  • Correcting the record on livestock standards of care Sometimes it is important to set the record straight. That is the case here.  New Jersey stood at the forefront in the country of establishing humane standards of care for livestock and poultry for the state.   In 2003, when the rule was originally proposed, the New Jersey Department of Agriculture explained that they were “adopt[ing] ‘standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock,’ as well as ‘rules and regulations governing the enforcement of those... More