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Brooks Animal Law Digest - Issue No. 40 (July 13, 2020)

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This Week's Spotlights

Legislative Updates - Pending Federal Actions
House Appropriations Bill Would Block Line Speed Waivers
July 7, 2020

The House Agriculture Appropriations bill would revoke all line speed waivers under the Federal Meat Inspection Act or Poultry Products Inspection Act.

Case Law Updates - Federal Case Law Updates
Ninth Circuit Stops Attempt to Delist Yellowstone Grizzlies
July 9, 2020

The Ninth Circuit has ruled that the Fish and Wildlife Service improperly attempted to isolate and delist the Yellowstone-area population of grizzly bears under the Endangered Species Act. The court said the agency had not adequately examined the impact the delisting would have for broader grizzly populations.

Groups Sue Over Conditions of Primates Used in Research

The New-England Anti-Vivisection Society and the Animal Legal Defense Fund, represented by the Harvard Animal Law & Policy Clinic, have filed suit against the United States Department of Agriculture, alleging that the agency’s rejection of their petition and requesting that the agency put into place appropriate psychological well-being standards for nonhuman primates as required by the Animal Welfare Act is unlawful under the Administrative Procedure Act.

International Updates
Cargill Plant Sued Over COVID-19 Outbreak
July 10, 2020

Cargill has been sued in Calgary in a class action alleging the company failed to take sufficient measures to prevent the spread of COVID-19.

Legislative Updates

Pending Federal Actions
House Appropriations Bill Would Block Line Speed Waivers
July 7, 2020

The House Agriculture Appropriations bill would revoke all line speed waivers under the Federal Meat Inspection Act or Poultry Products Inspection Act.

Case Law Updates

Federal Case Law Updates
Ninth Circuit Stops Attempt to Delist Yellowstone Grizzlies
July 9, 2020

The Ninth Circuit has ruled that the Fish and Wildlife Service improperly attempted to isolate and delist the Yellowstone-area population of grizzly bears under the Endangered Species Act. The court said the agency had not adequately examined the impact the delisting would have for broader grizzly populations.

Groups Sue Over Conditions of Primates Used in Research
July 9, 2020

The New-England Anti-Vivisection Society and the Animal Legal Defense Fund, represented by the Harvard Animal Law & Policy Clinic, have filed suit against the United States Department of Agriculture, alleging that the agency’s rejection of their petition and requesting that the agency put into place appropriate psychological well-being standards for nonhuman primates as required by the Animal Welfare Act is unlawful under the Administrative Procedure Act."

State Case Law Updates
Iowa Supreme Court Decides Emotional Support Animal Issue
July 6, 2020

The Iowa Supreme Court has ruled that in the State of Iowa, if an individual lives in a residential complex due to its no pets policy in order to avoid an allergic reaction, a new tenant may not bring in an emotional support animal.

Agency Updates

APHIS Proposes Full Transition to Use of Radio Frequency Identification Tags
July 6, 2020

The Animal and Plant Health Inspection Service has proposed to transition fully to the use of radio frequency identification tags on cattle and bison. The agency is accepting comments on the proposal until October 5, 2020.

FSIS Rejects PCRM’s Petition to Require COVID-19 Testing of Products
July 6, 2020

The Food Safety Inspection Service has denied a petition and petition addendum filed by Physicians Committee for Responsible Medicine in May, requesting that the agency require meat and poultry processors test their products for the presence of COVID-19, disclose to local health authorities and the public the number of workers infected with COVID-19, and include warnings that products have not been “certified virus-free.

International Updates

Cargill Plant Sued Over COVID-19 Outbreak
July 10, 2020

Cargill has been sued in Calgary in a class action alleging the company failed to take sufficient measures to prevent the spread of COVID-19.

Other Updates

Michigan Implements Safety Guidelines for Meat Processing Plants
July 10, 2020

Michigan Governor Whitmer has signed an Executive Order outlining guidelines to keep meat processing plant employees safe during the pandemic.

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