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Brooks Animal Law Digest - Issue No. 42 (July 27, 2020)

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This Week’s Spotlights

Legislative Updates - Pending State Actions
Michigan Considers Banning Cosmetic Surgeries for Dogs
July 23, 2020

Michigan House Bill No. 6009 proposes to ban certain surgeries performed on dogs for cosmetic or breed standard reasons, including tail docking, ear cropping, and debarking.

New Jersey Proposes Criminalizing Confinement of Pregnant Pigs
July 23, 2020

New Jersey Assembly No. 4439 would make confining a pregnant pig in farrowing crate or in another way that prevents her from turning around or fully extending her limbs a disorderly persons offense, subject to a fine of between $250 and $1000 dollars.

Case Law Updates - Federal Case Law Updates
USDA Settles 2017 Blackout Lawsuits
July 20, 2020

Two cases stemming from 2017 when the United States Department of Agriculture removed Animal Welfare Act enforcement records from its website—an incident referred to as the USDA Blackout—have been settled. The settlement includes the agency’s commitment that it has restored and will continue to provide public access to the records at issue.

Meatpacking Plant Workers File Suit Against OSHA Seeking COVID-19 Protections
July 23, 2020

A group of meatpacking plant workers have filed suit against the Occupational Safety and Health Administration, seeking to compel the agency to force their employer to implement COVID-19 protections.

Legislative Updates

Pending State Actions
Michigan Considers Banning Cosmetic Surgeries for Dogs
July 23, 2020

Michigan House Bill No. 6009 proposes to ban certain surgeries performed on dogs for cosmetic or breed standard reasons, including tail docking, ear cropping, and debarking.

New Jersey Proposes Criminalizing Confinement of Pregnant Pigs
July 23, 2020

New Jersey Assembly No. 4439 would make confining a pregnant pig in farrowing crate or in another way that prevents her from turning around or fully extending her limbs a disorderly persons offense, subject to a fine of between $250 and $1000 dollars.

Case Law Updates

Federal Case Law Updates
USDA Settles 2017 Blackout Lawsuits
July 20, 2020

Two cases stemming from 2017 when the United States Department of Agriculture removed Animal Welfare Act enforcement records from its website—an incident referred to as the USDA Blackout—have been settled. The settlement includes the agency’s commitment that it has restored and will continue to provide public access to the records at issue.

Court Dismisses Vegan’s Impossible Whopper Suit Against Burger King
July 21, 2020

A federal judge in Florida has dismissed a proposed class action claiming that Burger King misled patrons into thinking its Impossible Whoppers were cooked separately from its meat products.

Center for Biological Diversity Files Suit Seeking Grizzly Bear Recovery Documents
July 23, 2020

The Center for Biological Diversity has filed suit against the Department of the Interior for allegedly failing to turn over documents related to the agency’s decision to stop grizzly bear recovery efforts in Washington State under the Freedom of Information Act.

Meatpacking Plant Workers File Suit Against OSHA Seeking COVID-19 Protections
July 23, 2020

A group of meatpacking plant workers have filed suit against the Occupational Safety and Health Administration, seeking to compel the agency to force their employer to implement COVID-19 protections.

Agency Updates

FSIS Acknowledges Receipt of Cell-Based Labeling Petition
July 23, 2020

The Food Safety Inspection Service has acknowledged receipt of a petition by the Harvard Animal Law & Policy Clinic requesting that the agency adopt a labeling approach for cell-based meat and poultry products that respects the First Amendment, prioritizes consumer safety while preserving consumer choice, and enables American innovations to compete fairly.

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