Blog – Animal Law Update

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

  • Alert to New Jersey Veterinarians-Amendments to Regulations Governing the Practice of Veterinary Medicine Veterinarians in New Jersey are hereby notified of amendments to existing regulations governing continuing veterinary educational requirements and supervision of veterinary students in training by state licensees. First, continuing veterinary education (CVE) requirements have been amended to require one credit hour of CVE “in topics concerning prescription opioid drugs, including the risks and signs of opioid abuse, additional, and diversion,” beginning with the biennial renewal period beginning on June 30, 2019.  N.J.A.C. 13:44-4.10 (b)(3). There was no discussion in the proposed rule... More
  • The 2020 Aviation Symposium Sponsored by Fox Rothschild LLP I was honored to join colleagues and clients at the 2020 Aviation Symposium the Firm sponsored in Tysons Corner from February 4 through February 6, 2020. Symposium topics included: What about the Lion Air and Ethiopian Airlines accidents should concern you? An update on emotional support and service animals Structuring and conducting an effective emergency drill Working with first responders A decade of evolution in the Federal Family Assistance Plan The changing faces of the NTSB and FAA The effect of FAA reorganizations on oversight, monitoring and surveillance Recent... More
  • 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