Brooks Animal Law Digest - Issue No. 20 (March 9, 2020)

Connecticut Bill 413, if enacted, would prohibit the use of wild or exotic animals in a traveling animal act. The prohibition would not apply to zoos or any educational activity.

Rhode Island Senate Bill 2539 proposes to ban the sale, trade, and distribution of fur products within the state. An offense would be subject to a $500-$5000 fine per fur product, imprisonment of up to one year, or both. The legislation contains exemptions for used fur products sold in pawn or resale shops, fur products used in a religious ceremony, a product to be converted into leather, cowhide, lambskin, sheepskin, and any pelt used in taxidermy.

Colorado House Bill 1343 would require that hens used to produce eggs be allowed a minimum amount of space per hen by 2022 and to be confined in cage-free housing by 2024. The bill would also ban the sale or purchase of eggs produced by hens confined in a manner that conflicts with these standards, effective January 1, 2022.

New Jersey Assembly Bill 3619, if enacted, would require the complainant to pay reasonable attorney fees and costs to a farmer defending against a “bad faith” complaint under the Right to Farm Act. A county board or committee would determine whether the complaint was brought in bad faith.

The United States Department of Agriculture has announced it is seeking input on the agency’s methods to quantify greenhouse gas sources from the agricultural sector, including how the agency’s guidelines can be made more rigorous. The agency is accepting comments until April 20, 2020.

The American Wild Game and Livestock Act, H.R. 6035, proposes to require the Secretary of the Interior to issue a final rule delisting the gray wolf from protection under the Endangered Species Act. The legislation also proposes to make the issuance of such a rule unreviewable by the judiciary.

The Protecting All Wildlife (PAW) Against Trafficking Act, H.R. 6043, would require government websites to highlight countries listed as a focus country or country of concern in the most recent annual report be highlighted and accompanied by a warning regarding wildlife tracking. The Act would also remove a provision automatically ending the statutory authorization for the Task Force in 2021 and allowing the President to rescind such authority.

Oklahoma House Bill 2008 proposes to ban any jurisdiction in the state, including counties and cities, from banning (or “effectively ban[ning]” by creating “undue financial hardship”) the use of livestock.

Connecticut Bill 415 would require that veterinarians who suspect that a dog has been used in dog fighting to report such belief to local law enforcement.

Connecticut Bill 413, if enacted, would prohibit the use of wild or exotic animals in a traveling animal act. The prohibition would not apply to zoos or any educational activity.

New Jersey Assembly Bill 3231 proposes to ban “trunk fighting,” defined as “the practice of enclosing two or more animals in the trunk or any part of a motor vehicle for the purpose of the animals attacking each other, and possibly fighting until one or more of the animals are dead.” The legislation would make the act a crime of the third degree.

New Jersey Assembly Bill 3307, if enacted, would establish a statewide registry for individuals convicted of criminal or civil offenses constituting cruelty against an animal. The legislation would require such individuals to register with the state, inform law enforcement of any change in address, and impose fines for failure to comply.

New Jersey Assembly Bill 1971 would make confining a pregnant pig in a way that does not allow her to turn around, lie down, stand up, or fully confine her legs a disorderly persons offense, punishable by $250-$1000 in fines and up to six months imprisonment, or both. The legislation includes many exemptions, including the use of farrowing crates, use during medical research, use during transportation, use during exhibition (including 4-H), confinement for “no more than eight hours in any 24-hour period,” and “proper care of the gestating sow during the 10-day period prior to the expected date of the gestating sow giving birth.”

Rhode Island Senate Bill 2539 proposes to ban the sale, trade, and distribution of fur products within the state. An offense would be subject to a $500-$5000 fine per fur product, imprisonment of up to one year, or both. The legislation contains exemptions for used fur products sold in pawn or resale shops, fur products used in a religious ceremony, a product to be converted into leather, cowhide, lambskin, sheepskin, and any pelt used in taxidermy.

Rhode Island Senate Bill 2608 proposes to amend the state’s anti-cruelty statute to include a ban on the sale of any cosmetic developed or manufactured using an animal test on or after January 1, 2021. A violation would be punishable by a fine of up to $1000 per offense. The legislation contains exemptions for when no viable alternative test is available or the test is required by federal law.

Rhode Island House Bill 7730 would establish a statewide registry for individuals convicted of criminal or civil offenses constituting cruelty against an animal. The legislation would require such individuals to register with the state, inform law enforcement of any change in address, and pay an annual fee.

Rhode Island House Bill 7740 would increase available penalties for animal abuse if that abuse was committed in front of a minor. It would allow for up to 7, rather than 5, years of imprisonment and up to $2000, rather than $1000, in fines.

Rhode Island House Bill 7912 would authorize courts overseeing a criminal animal abuse or civil proceeding where the welfare or custody of an animal is at issue to appoint from a list of designated lawyers and law students an advocate who would make recommendations to the court based on the interests of justice.

Missouri House Bill 2611, if enacted, would clarify that if an individual commits three separate acts of canine cruelty at the same time, the offense is a Class A, rather than Class C misdemeanor.

Missouri House Bill 2626 would authorize courts to issue a protective order based on the abuse of a pet, including an order of temporary custody of the pet(s) at issue.

Connecticut House Bill 5338 proposes to amend the state’s anti-cruelty statute to also criminalize the possession, sale, purchase, transfer, or manufacture of animal fighting paraphernalia, including unprescribed veterinary medicine. The offense would constitute a class E felony.

Colorado House Bill 1343 would require that hens used to produce eggs be allowed a minimum amount of space per hen by 2022 and to be confined in cage-free housing by 2024. The bill would also ban the sale or purchase of eggs produced by hens confined in a manner that conflicts with these standards, effective January 1, 2022.

New Jersey Assembly Bill 3619, if enacted, would require the complainant to pay reasonable attorney fees and costs to a farmer defending against a “bad faith” complaint under the Right to Farm Act. A county board or committee would determine whether the complaint was brought in bad faith.

New York Assembly Bill 9989, if enacted, would prohibit the slaughter of horses used in race horsing operations, where violations are subject to civil fines and the revocation of any state gambling license. The bill would also require that all race horses be microchipped. The companion legislation is Senate Bill 7719.

New York Assembly Bill 9948, if enacted, would make it so that the office of children and family services would be required to investigate any individual investigated or accused of animal abuse.

New York Senate Bill 7997 proposes to prohibit the labeling of any product as a “milk product” unless that product contains dairy or is a “product obtained by modifying the chemical or 18 physical characteristics of milk, cream, or whey by using cultures, enzymes, solvents, heat, pressure, cooling, vacuum, ultrafiltration, or other similar processes.” A similar bill, Assembly Bill 8144, was introduced in the New York Assembly last year.

The Center for Biological Diversity says it plans to file suit under the Endangered Species Act to challenge the National Marine Fisheries Service’s failure to protect endangered whales and turtles from being struck by ships in Los Angeles and Long Beach.

A fishing company and two subsidiaries have filed suit against the Department of Commerce, claiming that the agency’s requirement that the fishers pay for a monitoring program to ensure compliance with federal fishing guidelines.

The United States Department of Agriculture has announced it is seeking input on the agency’s methods to quantify greenhouse gas sources from the agricultural sector, including how the agency’s guidelines can be made more rigorous. The agency is accepting comments until April 20, 2020.

Food & Water Watch has submitted a letter responding to the Food Safety Inspection Service’s denial last week of the organization’s petition requesting that the agency remove Brazil from the list of countries eligible to import meat products into the United States.

The National Marine Fisheries Service has announced it will not designate critical habitat under the Endangered Species Act for the oceanic whitetip shark, finding that “there are no identifiable physical or biological features that are essential to the conservation of the oceanic whitetip shark within areas under U.S. jurisdiction.”

The Bureau of Land Management has announced it is extending a public land withdrawal in order to protect the Whiskey Mountain Bighorn Sheep Winter Range. The extension takes place on March 24, 2020.

A recently published dissertation explores the opportunities of cultivated meat in the European market.

A new piece in Civil Eats highlights the ongoing fight of rural communities against CAFOs and large industrialized animal agriculture.