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

  • Guest Blog “Careless rescue importation exposes people to zoonotic disease” by Patti Strand Originally posted on July 9, 2018 at NAIA Official Blog, reposted with permission. More troubling news from the wild world of rescue import has been picked up by the Worms & Germs blog : a rescue dog with a known history of chronic health issues is imported into a private U.S. shelter from Thailand and tests positive for Melioidosis, a nasty zoonotic bacterial disease. This discovery leads to several potentially exposed people receiving blood tests (one showed signs of exposure, but... More
  • New Jersey Bill Proposing Regulation of Dog Breeding is Superfluous, Unnecessary and Redundant On July 1, 2018,  bill S2820 was introduced in the New Jersey Senate that would direct the NJ Department of Health to “adopt dog breeding standards; prohibit . . . dog breeding without {a] USDA license; and [require] compliance with DOH standards.” Notably, there is no sister bill, and because of the fatal flaws in the bill, described in part below, it will hopefully be fated for a timely death to join other similarly flawed bills. The most egregious flaw with this... More
  • New Jersey bill would put farmers raising livestock humanely at risk of animal cruelty violations Assemblyman Daniel R. Benson introduced a bill (A4298) that would amend “animal cruelty offenses and penalties concerning animal abandonment and failure to report injuring certain animals with a motor vehicle; increases civil penalties for certain other animal cruelty offenses.”  Like so many bills in New Jersey related to animal issues, including another misguided, S2820 to be discussed later, A4298 would subject many livestock owners, including horse owners, to liability under the law, even though their animals are properly cared for.  Many... More
  • Attempts to correct the unintended consequences in the “Hours of Service (HOS) of Drivers” regulations related to the transportation of agricultural commodities. Recent amendments governing the transportation of agricultural commodities, including livestock, aquaculture and insects, have elicited concerns from cattle, hog, sheep, horse, bee and aquaculture producers, since the time restrictions on transport without rest for the truck drivers would literally stop livestock haulers in their tracks, creating hazards for their live cargo. These concerns were described on the webpage of the National Cattlemen’s Beef Association: The ELD enforcement date and existing hours of service (HOS) regulations pose significant consequences for the livestock industry.... More
  • Proposed bills would change effective dates of animal cruelty enforcement provisions in New Jersey Sister bills S2689 and A4225 have been introduced and reported out of the Senate Committee with amendments and the Assembly Committee, respectively.  The bills would change the effective dates of some of the provisions of the law that Governor Christie signed just before leaving office that stripped law enforcement authority from the New Jersey Society for the Prevention of Cruelty to Animals and transferred it to county prosecutors.  The law also required each municipality to designate a municipal law enforcement officer... More
  • Impact of the USDA-APHIS Final Rule, “Thresholds for De Minimis Activity and Exemptions From Licensing Under the Animal Welfare Act”-PART TWO.   The impact of USDA’s newly adopted final rule to certain exhibitors of farm animals remains unclear. A positive result of the rule is the definition of “domesticated farm-type animals.”  Farm-type animals are defined as “animals that have historically been kept and raised on farms in the United States.”  Except for the use of the term “domesticated” this definition should be adopted by states to insure that livestock and poultry remain regulated by state and local laws even if owned as “pets”... More
  • Impact of the USDA-APHIS Final Rule, “Thresholds for De Minimis Activity and Exemptions From Licensing Under the Animal Welfare Act”-PART ONE.   On June 4, the regulation titled “Thresholds for De Minimis Activity and Exemptions From Licensing Under the Animal Welfare Act” which purportedly implement[s] amendments to the Animal Welfare Act (AWA), was published by USDA-APHIS, effective on the date of publication. The regulation expands some exemptions to the licensing requirements pursuant to the AWA.  There are some unintended consequences to these expansions that may be detrimental to certain animal owners.  For example, the ever-expanding pet store sourcing bans often limit sources to... More
  • The Ninth Circuit’s perplexing Article III statements in Naruto v. Slater and Cetacean Community v. Bush.   In Naruto v. Slater, 2018 WL 1902414 (9th Cir. April 23, 2018)-the case in which Naruto, a crested macaque by and through his alleged “next friends,” People for the Ethical Treatment of Animals, sued a photographer and his publishers for copyright infringement-the Court, citing an earlier case, Cetacean Cmty. v. Bush, 386 F.3d 1169, 1175 (9th Cir. 2004) stated that at least part of the requirements for standing-the existence of a case or controversy-was not impossible simply because the plaintiffs... More
  • Not a Great Day for Animals in New Jersey On May 17, 2018 a plethora bills were reported out of the New Jersey Assembly Agriculture and Natural Resources Committee, some with amendments that will benefit animals and their owners if they become law, and others with sorely needed amendments. Here is a summary of what occurred (as reported on the New Jersey Legislative website): A781 is a bill that would establish processes for recovering the cost of caring for domestic companion animals involved in animal cruelty violations.  This bill was reported... More
  • Animal Agriculture Alliance Celebrates Another Successful Summit It looks like Animal Agriculture Alliance had another stellar stakeholder summit held on May 3-4 in Arlington, Va. As reported on its website The future of food, consumer choice, sustainability and the connection farmers and ranchers have with consumers were all topics of discussion on the first day of the Animal Agriculture Alliance’s 2018 Stakeholders Summit, themed “Protect Your Roots,” at the Renaissance Capital View Hotel in Arlington, Va. “The conversations are changing about food to include agriculture and the message of farmers,”... More