Brooks Law Digest: Confinement

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.

Governor Jared Polis has signed HB20-1343 into law, making Colorado the sixth state to ban confinement for egg-laying hens, including the sale of eggs produced by hens kept in confinement. The measure goes into effect on January 1, 2023.

Animal Outlook has filed suit alleging that Cooke Aquaculture’s sustainability claims deceive and mislead consumers.

A new article, adapted from a chapter of the forthcoming second edition of the book What Can Animal Law Learn From Environmental Law?, provides suggestions for improving market imbalances between CAFOs and smaller operations and offers suggestions for modifying animal welfare and environmental laws.

H.R. 6883 proposes to shield meat processing facilities from liability during the COVID-19 pandemic. The full text of the measure is not yet available.

Senator Elizabeth Warren announced that she will co-sponsor the Farm System Reform Act, legislation introduced in 2019 that would both prevent the construction of any new factory farms and require the closure of existing factory farms by the year 2040. The legislation would also amend the Packers and Stockyards Act of 1921 to bolster antitrust enforcement and require country of origin labeling.

H.R. 6718, introduced by Democrat Ro Khanna, proposes to place a moratorium on concentrated animal feeding operations and to require country of origin labeling on some animal products. The full text of the bill has not yet been released.

New York Assembly Bill A10399 and Senate Bill S8291 propose to indefinitely ban the operation of markets that sell freshly slaughtered animals, sometimes referred to as wet markets. The legislation also proposes the formation of a task force to address public health and animal welfare concerns of slaughterhouses.

A California federal judge has dismissed a suit challenging the state’s ballot initiative banning the sale of meat made from animals born to sows kept in confinement. The court found that the law does not violate the Commerce Clause because “it does not target solely interstate commerce and it regulates in-state and out-of-state conduct equally.”

Canadian organization Animal Justice has filed a complaint with the Competition Bureau of Canada and the Canadian Food Inspection Agency, alleging that King Cole Ducks’ advertisement of its products as humane is misleading. The complaint follows a live rescue effort conducted at the company in February.