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

  • Proposed NJ Bill That Would Provide for “Community Cats” Does Not Adequately Address Harm to Wildlife and Disease Concerns From Feral Cat Populations NJ Senate bill S1034 and sister bill A4399 would establish a “special, nonlapsing fund to be known as the ‘Compassion for Community Cats Fund” that would be funded in part by “moneys as may be appropriated by the Legislature.” Before discussing the provisions set forth in these bills, one has to wonder if this is the appropriate time to consider such legislation—at a time when so many people and businesses are suffering from the economic impact of COVID-19. That said, the issue... More
  • Lack of Standing—Fatal Obstacle to Plaintiffs in Complaint Against SeaWorld Plaintiff Juliette Morizur and Plaintiff Kelly Nelson, along with other plaintiffs (at least one of whom dismissed his claims with prejudice, evidencing the sham nature of those claims) sued Sea World Parks and Entertainment, Inc. in 2015, claiming that they bought tickets to or bought a stuffed animal at SeaWorld because they allegedly relied on statements posted on SeaWorld’s website, including “SeaWorld did not separate calves from mothers”; “SeaWorld’s captive orcas had similar lifespans to those in the wild”; “collapsed... More
  • You still have a chance to comment during USDA APHIS’ Virtual Listening Sessions Seeking Public Input on Regulations Regarding The Welfare Of Birds Not Bred For Use In Research There have been two of the three scheduled listening sessions offered by APHIS seeking comments on regulations regarding the welfare of birds not bred for use in research.  A specific schedule for the promulgation, proposal and final adoption of these regulations as ordered by the D.C. Circuit in January 2020, in Am. Anti-Vivisection Soc’y v. United States Dep’t of Agric., 946 F.3d 615. The final listening session is scheduled on Thursday, October 15, 2020 at 5:00 p.m. EDT. USDA provides for... More
  • Press Release: International Partnership for Dogs Calls for Collective Actions for Health and Welfare of Pedigree Dogs This Press Release, republished with permission, is available in Dutch, English, Finnish, French, German, and Spanish. The International Partnership for Dogs (IPFD) is calling on stakeholder groups – including dog show enthusiasts, kennel and breed clubs, legislators, dog owners, veterinarians, welfare advocates – from all regions and countries to come together to address issues currently impacting the health, welfare, and breeding of dogs. Our article, Reframing Current Challenges Around Pedigree Dogs: A Call for Respectful Dialogue, Collaboration and Collective Actions (also available... More
  • Proposed bill in New Jersey would be used to establish that animals treated cruelly are persons who can sue in court. The bill that provides for an advocate in criminal cases in New Jersey, concerning the welfare of care of animals has been reintroduced as A 4533 with additional language which renders it even more problematic for animal owners than before. A preamble was added as Section 1, stating The Legislature finds and declares that animals are sentient beings capable of experiencing pain, stress, and fear. It is the policy of New Jersey that, in order to protect animals from experiencing pain, stress,... More
  • Notice to Aquaria: Fifth Circuit reversed OSHA order about “scientific diving” exemption to Commercial Diving Operations On July 15, 2020, the United States Court of Appeals, Fifth Circuit, filed its decision, holding that “dives made by aquarium staff members to feed animals housed at aquarium and to clean the facility’s tanks qualified as “scientific diving” within [the] meaning of [the] exemption,” and reversing OSHA’s order finding the opposite which was affirmed by an Administrative Law Judge.  Houston Aquarium, Inc. v. Occupational Safety and Health Review Commission, 965 F. 3d 433 (5th Cir. 2020). The Court reviewed the... More
  • USDA’s Proposed Mandatory Animal Health Disease Reporting USDA published proposed Rule 85 FR 18471 on April 2, 2020 that would, amend the animal disease regulations to provide for a National List of Reportable Animal Diseases, along with reporting responsibilities for animal health professionals that encounter or suspect cases of communicable animal diseases and disease agents. These proposed changes are necessary to streamline State and Federal cooperative animal disease detection, response, and control efforts. This action would consolidate and enhance current disease reporting mechanisms, and would complement and supplement... More
  • NJ Proposes a Stray Animal Study Commission A4504, a new bill introduced in the NJ Assembly, would establish the “Stray Animal Study Commission,” to: (1) identify and study stray animal and animal control issues in the State, including issues surrounding stray and feral cats colloquially referred to as “community cats” and “cat colonies,” and any funding shortfalls with regard to the issues identified; (2) study, explore, and develop solutions to (a) stray animal or animal control problems identified, and (b) problems in municipalities concerning feral cats, community cats,... More
  • California Proposes Regulations Governing Compounding in a Veterinary Premises The California Veterinary Medical Board has proposed amending the California Code of Regulations to clarify the process for veterinarians to compound drugs in a veterinary office for the treatment of an animal patient.  As reported in the “Initial Statement of Reasons,” [t]he regulatory proposal is intended to provide guidance and an enforcement mechanism for inspectors to determine whether veterinarians and RVTs [registered veterinary technicians] are compounding drugs in accordance with their scope of practice, experience, and premises.  The rulemaking is necessary... More
  • Alert to all Animal Welfare Act Licensees and Registrants Notable regulatory amendments and COVID-19-related inspection guidelines, described below, will impact Animal Welfare Act (AWA) licensees and registrants New rules, finalized in May, 2020, amended the long-standing licensing renewal procedures and added additional requirements for veterinary care and canine husbandry requirements.  As reported by USDA Animal and Plant Health Inspection Service, the rule affects “nearly 6,000, persons who breed, sell, or exhibit animals for commercial purposes” and, in part, to USDA registrants. The rule dismantles the annual renewal process for licensees following... More