This Week's Spotlights
Legislative Updates - Passed State Actions
Vermont Restricts Trade in Wild Animal Products
Vermont Governor Phil Scott has signed a bill that prohibits the purchase or sale of a product wholly or partially made from a number of wild animals, including cheetahs, elephants, giraffes, sea turtles, tigers, and chimpanzees. The bill contains exceptions for law enforcement agencies, activities expressly authorized by federal law, antiques, and some educational purposes. The law will take effect January 1, 2022.
Legislative Updates - Pending State Actions
New York Considers Requiring Egg Producers to go Cage Free
New York Assembly Bill 11041 would require that eggs sold for human consumption in the state (even if produced out of state) be produced using only cage-free housing systems.
Case Law Updates - Federal Case Law Updates
GFI and ALDF Challenge Louisiana Labeling Law
The Good Food Institute and the Animal Legal Defense Fund have filed suit under the First Amendment challenging a Louisiana law that imposes fines for alternative protein products labels with terms usually associated with meat, such as “burger” or “sausage.”
Agency Updates
FDA Seeks Input on Cultured Seafood Products
The Food and Drug Administration is seeking input on the labeling of food containing cultured seafood cells. The agency is accepting comments until March 8, 2021.
Legislative Updates
Passed State Actions
Vermont Restricts Trade in Wild Animal Products
Vermont Governor Phil Scott has signed a bill that prohibits the purchase or sale of a product wholly or partially made from a number of wild animals, including cheetahs, elephants, giraffes, sea turtles, tigers, and chimpanzees. The bill contains exceptions for law enforcement agencies, activities expressly authorized by federal law, antiques, and some educational purposes. The law will take effect January 1, 2022.
Pending State Actions
New York Considers Requiring Egg Producers to go Cage Free
New York Assembly Bill 11041 would require that eggs sold for human consumption in the state (even if produced out of state) be produced using only cage-free housing systems.
Case Law Updates
Federal Case Law Updates
More Poultry Executives Indicted for Price Fixing
Six more executives in the poultry industry have been indicted with price-fixing in the chicken industry.
GFI and ALDF Challenge Louisiana Labeling Law
The Good Food Institute and the Animal Legal Defense Fund have filed suit under the First Amendment challenging a Louisiana law that imposes fines for alternative protein products labels with terms usually associated with meat, such as “burger” or “sausage.”
Wildearth Guardians Brings Suit Challenging APHIS Wildlife Services Program
Wildearth Guardians has filed suit against the Animal Plant and Health Inspection Service, arguing that the agency’s routine practice of killing predators and other species violates under the National Environmental Policy Act, Council on Environmental Quality regulations, and Administrative Procedure Act.
State Case Law Updates
Dick Van Dam Dairy Sued Over Animal Cruelty
Caru SPCA, represented by the Animal Legal Defense Fund and Talkov Law Firm, has filed suit against Dick Van Dam Dairy, arguing that the dairy’s treatment of cows as revealed in a recent undercover investigation violates California animal cruelty codes and the San Jacinto Municipal Code.
Agency Updates
Museums Apply for Endangered Species Act Breeding Permits
The Fish and Wildlife Service has announced that the Arizona Sonora Desert Museum has applied for a permit to propagate masked bobwhite quail, Mount Graham red squirrels, and Sonora tiger salamanders; and that Johnny Morris’ Wonders of Wildlife Museum and Aquarium has applied for a permit to propagate masked bobwhite quail. The agency is accepting comments on the applications until November 4, 2020.
NMFS Proposes Incidental Take Permits for Marine Mammals
The National Marine Fisheries Service has proposed to issue permits to authorize the incidental take of several species of whales, seals, and sea lions under the Marine Mammal Protection Act in the Gulf of Mexico, off the coast of Hawaii, and off the coast of Alaska. The agency is accepting comments on the proposed permits until November 4, 2020.
USDA Finalizes National Poultry Improvement Plan Amendments
The United States Department of Agriculture has finalized its amendments to the National Poultry Improvement Plan, effective as of November 4, 2020. The amendments establish a Newcastle disease program and revise testing requirements.
FDA Seeks Input on Cultured Seafood Products
The Food and Drug Administration is seeking input on the labeling of food containing cultured seafood cells. The agency is accepting comments until March 8, 2021.
FWS Determines Threatened Status for Pacific Marten and Eastern Black Rail
The Fish and Wildlife Service has announced it has determined threatened species status under the Endangered Species Act and issued final regulations under section 4(d) of the Act for the coastal distinct population segment of the Pacific marten and the eastern black rail. Both rules are effective November 9, 2020.
FWS Proposes Reclassification of Red-Cockaded Woodpecker to Threatened
The Fish and Wildlife Service has proposed to reclassify the red-cockaded woodpecker from endangered to threatened under the Endangered Species Act and to issue a section 4(d) rule for the species. The agency is accepting comments on the proposed rule until December 7, 2020.
Academic Updates
Books
Book Challenges Efficacy of Animal Use Licensing in England
A new book by Elizabeth Tyson, Licensing Laws and Animal Welfare: The Legal Protection of Wild Animals, examines the licensing regime of wild animal use in England.