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

  • Bills which made it through the NJ legislature this session and some bills to watch in the next session. Here is a glimpse into what happened at the tail end (ha!) of the 2018-2019 New Jersey Legislative Session. Homes for Animal Heroes The Homes for Animal Heroes bill, S 2826, made it over the final hurdle on the last day of this legislative session in New Jersey, passing 75-0 in the Assembly on January 13, 2020.  It had previously passed in the Senate so is now headed to the Governor’s desk. The bill will require an institution of higher education, and research... More
  • Another failed attempt to perfect Moose’s Law (S861)   Instead of amending Moose’s law to remove untenable, unreasonable provisions, last discussed here, the bill was amended to to provide that persons charged with “animal cruelty offenses,” a presumption against being admitted into a pretrial intervention program.  As described in the statement to S861, “[a] pretrial intervention program is a program that provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution.” Once again, the bill fails to differentiate egregious acts of animal... More
  • CBD Product Sellers Beware: FDA Issued Warning Letters Claiming Certain CBD Products Are Unapproved New Human and Animal Drugs On November 25, 2019, FDA posted 15 warning letters from the Center for Food Safety and Applied Nutrition (CFSAN) or the Center for Drug Evaluation and Research (CDER) stating that certain products containing CBD were illegally labeled as dietary supplements and in many cases were also: unapproved new drugs, misbranded drugs, adulterated human foods, and in some cases were also unapproved new animal drugs and adulterated animal foods. FDA explains its position about its regulation of CBD containing products in the... More
  • The Right to Rescue or Criminal Trespass and Theft? Direct Action Everywhere practices what it calls “Open Rescue” which involves criminal trespass and stealing animals raised by farmers, ranchers and breeders, and believes such conduct should be legal because they are opposed to raising animals for food and biomedical research. The animals rights group has worked with councilpersons in California to introduce resolutions that support, if not applaud such conduct, as the Right to Rescue, and call for leniency for several members facing criminal charges and potential imprisonment. The animal rights... More
  • FDA Continues Proposed Extra-Statutory Authority Over Compounded Animal Drugs Without clear statutory authority, FDA has proposed to expand its legal authority over veterinarians and veterinary compounding pharmacies in its newly released “Revised Draft Guidance on Compounding Animal Drugs from Bulk Drug Substances,” (#256) as announced on November 19, 2019. FDA continues to describe the use of certain compounded medications for animals as violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which it will not enforce under certain prescribed circumstances. As stated in Guidance #256 The policies described in this... More
  • What is the legal status of Sandra in the United States—the orangutan granted legal personhood status in Argentina? As reported by the Associated Press on November 7, 2019, Sandra, a 33-year-old orangutan that was granted legal personhood by a judge in Argentina has moved to the Center for Great Apes in central Florida after being quarantined at a different zoo in Kansas, upon importation. Judge Liberatori reportedly ruled that Sandra is legally a non-human person, and is “entitled to some legal rights enjoyed by people, and better living conditions [because the Judge] wanted to tell society something new, that... More
  • Animal Facilities be Fore-warned: Moose’s Law Scheduled for Hearing on November 18, 2019 in New Jersey As a learned colleague said, no bad bill goes away [forever]. Moose’s Law S861, one of the worst of the worst bills, has resurfaced and will be heard by the Senate Environment and Energy Committee on Monday, November 18, 2019 – 10:00 AM, at Committee Room 6, 1st Floor, State House Annex, Trenton, NJ. For any animal facility except academic research facilities and livestock operations̶—that would be exempt if the law is adopted—private research facilities, veterinary practices, animal shelters, zoos, pet stores,... More
  • Sleuth Reporter Kim Kavin Uncovers the Truth Behind Dog Rescue Kim Kavin, author of “The Dog Merchants” has started to uncover some of the truths in the world of dog rescues.  Not that all rescues are bad, of course, but fact that rescues (and to some extent shelters) have largely replaced pet stores as a source of dogs and puppies for the eight (8) million households in the US seeking to purchase/adopt a new dog.  Rescue organizations, typically with not for profit status despite charging customers for their dogs, are... More
  • Non-economic damages for pet loss may be coming to New Jersey A newly introduced bill in New Jersey, S4156 and sister bill A5404 would establish civil action for damages for injury or death of certain animals in certain circumstances. Those circumstances would include any unlawful and intentional or negligent act of a person that results in the injury or death of a pet dog or pet cat normally maintained in or near the household of the owner, or the injury or death of any service animal or guide dog or a search... More
  • Animal Welfare Labeling Can Be Litigation Trap for Farms, Food Industry and Restaurants Including animal care standards in advertising, on websites and in labeling is a growing trend among food-related businesses that can have unintended – and costly – consequences. Animal rights organizations pressure animal agriculture businesses to include such statements, ostensibly to avoid negative publicity campaigns and protests. Targets include producers of beef, dairy products, eggs,poultry and pork, as well as goat and sheep farmers. Similarly, food manufacturers, distributors and restaurant chains are pressed to advertise that their suppliers comply with certain animal welfare... More