Brooks Animal Law Digest

Washington House Bill 1909 would establish specific labeling requirements to clarify which meat is made from animals raised in the United States, which products are plant-based alternatives, and which are cultivated because “it is important for consumers to know what they are purchasing and eating.” The provisions would declare a food product as “misbranded” if it is not “born, raised, and harvested in a traditional manner” while using any of a list of meat-related terms and not carrying a qualifying term identifying the product as plant-based or cultivated. The bill has been referred to the House Committee on Rural Development, Agriculture, and Natural Resources.

Wyoming House Bill 66, the misleadingly named “Working Animal Protection Act,” would prohibit localities from enacting or enforcing an ordinance that “terminates, bans, or unduly impedes a person from using a working animal in lawful commerce or an animal enterprise.” The bill defines “working animal” to include animals who are used for “lawful hunting, agriculture, ranching, husbandry, transportation, education, competition, tourism, entertainment, or exhibition.” If enacted, the bill would become effective July 1, 2022.

Indiana House Bill 1248 would prohibit an individual who owns a big cat, big cat hybrid, or bear from allowing a member of the public to have direct physical contact with the animal. The bill also would prohibit the ownership of big cats or bears without a U.S. Department of Agriculture license. The bill was introduced after an Indiana roadside zoo, Wildlife in Need, and its owner, Tim Stark, were charged with more than 120 violations of the federal Animal Welfare Act and assessed with more than $300,000 in penalties in connection with a big cat breeding and petting business they ran before being shut down by state and federal officials. Both were featured in the Netflix series “Tiger King.” The bill passed the House and has been referred to the Indiana Senate Committee on Natural Resources.

New Jersey Assembly Bill 2380, “Brianna’s Law,” would amend the state animal cruelty code to provide for criminal penalties of up to $10,000 for slaughtering or transporting for slaughter a pregnant cow. The bill is named “in honor of the pregnant cow that gave birth to her calf two days after escaping a truck transporting her to a slaughterhouse and being found trotting down Route 80 on December 27, 2018.” The bill has been referred to the Assembly Committee on Agriculture.

California Assembly Bill 1881, the “Dog and Cat Bill of Rights,” would declare that dogs and cats “have the right" to be respected as sentient beings and the right to be free from exploitation, cruelty, neglect, and abuse; to a life of comfort, free of fear and anxiety; to daily mental stimulation and appropriate exercise; the right to nutritious food, sanitary water, and shelter in an appropriate and safe environment; to preventive and therapeutic health care; to be properly identified through tags, microchips, or other humane means; and to be spayed and neutered to prevent unwanted litters. The bill would require “each public animal control agency or shelter, society for the prevention of cruelty to animals' shelter, humane society shelter, or rescue group shall post a copy of the Dog and Cat Bill of Rights in a conspicuous place accessible to public view.” The bill expressly states that it would not create a private right of action to enforce its provisions and that its intent is to “inform potential owners of the standards for basic physical care and emotional well-being of dogs and cats."

The U.S. District Court for the Eastern District of California denied a request by the Iowa Pork Producers (“Pork Producers”) to expedite consideration of their motion for injunctive relief seeking to prevent enforcement of California’s Proposition 12 (“Prop 12”). In pertinent part, Prop 12, which went into effect on January 1, 2022, prohibits the sale of pork from pigs who were denied adequate space or confined to a gestation crate. The court found that expedited treatment was not warranted, in part, because the Pork Producers' request for the court to “urgently prioritize” their motion was based on certain arguments that have been ripe for three years. The court did grant the Pork Producers’ request for transfer to the Central District of California, where a similar Prop 12 challenge is pending.

A federal court overturned the U.S. Fish and Wildlife Service’s (FWS) decision to remove Endangered Species Act protections for gray wolves across most of the continental United States. The court’s decision restores federal protections for gray wolves in the Great Lakes region, West Coast states, and southern Rocky Mountains and will prevent wolf trophy hunting and trapping in all states outside the northern Rocky Mountains. The decision came in response to a lawsuit brought by a coalition of conservation and animal protection organizations in January 2021. In its ruling, the court noted that FWS’s analysis relied on just two core wolf populations to then decide to delist wolves nationally while also failing to provide a reasonable interpretation of the ‘significant portion of its range’ standard.

The Superior Court of Pennsylvania ruled that a lower court erred in finding that a private criminal complaint submitted by Animal Outlook (AO) alleging hundreds of animal cruelty violations against cows and calves at Martin Farms dairy farm did not warrant prosecution. Following AO’s undercover investigation that captured downed cows being dragged, calves having their horns burned off, excessive use of electric shock, and gratuitous tail pulling and twisting, AO submitted a private criminal complaint, but the District Attorney declined to prosecute. Under Pennsylvania law, when a prosecutor refuses to bring criminal charges based on a private complaint, the private complainant can ask a court to order the prosecutor to file charges. When AO sought such an order the trial court sided with the DA. On appeal of the trial court’s decision, the Superior Court found that AO “provided sufficient evidence to show prima facie cases of neglect, cruelty, and aggravated cruelty” that did not fall within the “agricultural operation” exception to animal cruelty. The Superior Court then remanded the matter to the trial court, with directions for the trial court to order the DA to “accept and transmit for prosecution … [AO’s] private criminal complaint.”

The Ventura County Superior Court issued a ruling, which has not yet been finalized, upholding Ordinance Number 4537 and Ordinance Number 4539, a pair of novel local ordinances that were enacted on March 12, 2019 to protect the wildlife corridors that connect the Los Padres National Forest, Santa Monica Mountains, and Simi Hills. Habitat connectivity is crucial for the survival of mountain lions, gray foxes, California red-legged frogs, and other wildlife in the region. The ruling comes in response to a legal challenge to enforcement of the ordinances by organizations that seek to preserve private property rights.

The Office of the U.S. Trade Representative formally requested environmental consultations with Mexico relating to the prevention of illegal fishing, protection of the critically endangered vaquita porpoise in the Gulf of California, and the trafficking of totoaba fish. The request is the first step under the enforcement and dispute mechanism of the U.S.-Mexico-Canada Agreement (USMCA), which could precipitate trade sanctions against Mexico should the country persist in failing to enforce its environmental laws or prevent illegal fishing, as required by multilateral trade agreement obligations. Experts estimate that the entire population of vaquita porpoises has dwindled to just ten, placing the most-endangered marine mammal in precarious danger of extinction. Vaquita become entangled and die in fishing gear set to catch shrimp and finfish, particularly totoaba, a large fish in demand in China for its swim bladder. This request is the first time the U.S. government has invoked the USMCA’s environmental consultation provision since the trade agreement took effect in 2020.

The first production standards for cage-free eggs have been announced in China, the largest egg-producer in the world. A unified definition of “cage-free” will help facilitate the adoption of cage-free systems in China, and the new standard comes with guidelines to assist retailers identify suppliers that are using best practices.

Bill C-247, the “Prohibition of Fur Farming Act,” has been introduced in the House of Commons of Canada and would prohibit owning or operation of a fur farm; breeding or inseminating a fur-bearing animal for purposes of sending its offspring to a fur farm; slaughtering a fur-bearing animal to use the pelt for commercial purposes; and giving, renting, selling, or transporting a fur-bearing animal to a fur farm. Violations would be subject to criminal penalties of up to $250,000 CAD and up to two years imprisonment.

Illinois House Bill 4640, the “Access to Public Health Data Act,” would allow the Illinois Department of Public Health to examine, test, disinfect, confiscate, and kill animals who are believed to be the source of an infectious disease following written notice to the owner. The bill provides for the Department’s compensation to the owner if the owner and Department can agree upon a monetary valuation of the animal. If they are not able to agree, then the valuation would be established following three independent appraiser valuations. Owners who do not cooperate would be subject to the same procedures but would forfeit their right to compensation. The bill has been referred to the House Special Issues Subcommittee.

Iowa House Bill 565 would require all state professional licensing boards to directly communicate reasons for dismissal of complaints to complainants. Under current law, Iowa licensing boards are not obligated to justify their reasoning for refusal to investigate complaints. In 2020, the Iowa Board of Veterinary Medicine offered no explanation for its refusal to investigate a 1,600-page complaint about a veterinarian who oversaw animal care at a roadside zoo that was forced to close after findings that it had violated numerous federal and state animal care standards. The bill has been referred to the House Committee on State Government.

Maryland Senate Bill 39, the “Farms Buy Local Act,” would establish a “Task Force to Study the Feasibility of Returning to State Meat Processing Inspection” to advise the Maryland Secretary of Agriculture in adopting rules and regulations relating to meat processing inspection and the establishment of production standards. The bill has been referred to the Senate Committee on Education, Health, and Environmental Affairs.

Nebraska Legislative Resolution 242 urges the congressional delegation of Nebraska “to pass legislation that supports farmers, ranchers, and small meat processors without compromising food safety standards and foreign market access.” The resolution aims to support small farmers and meat producers who are not federally inspected in the event that U.S. House Resolution 5246, the “Expanding Markets for State-Inspected Meat Processors Act,” becomes law and amends the Federal Meat Inspection Act to allow the interstate sale of meat that is inspected by states rather than by the USDA’s Food Safety & Inspection Service. Nebraska Legislative Bill 235 has been reintroduced and would authorize the establishment of a state-run meat processing inspection program. Both LR 242 and LB 235 have been referred to the Senate Committee on Agriculture.

Virginia Senate Bill 726, cross-filed with House Bill 830, would establish a state-run meat processing inspection program that would support small farmers and meat producers that are not federally-inspected in the event that U.S. House Resolution 5246, the “Expanding Markets for State-Inspected Meat Processors Act,” becomes law and amends the Federal Meat Inspection Act to allow the interstate sale of meat that is inspected by states rather than by the USDA’s Food Safety & Inspection Service. It directs the Virginia Department of Agriculture and Consumer Services to develop a five-year strategic plan to increase the total combined throughput capacity of slaughter and meat-processing facilities in the state. The bill passed the state senate unanimously.

Washington House Bill 1909 would establish specific labeling requirements to clarify which meat is made from animals raised in the United States, which products are plant-based alternatives, and which are cultivated because “it is important for consumers to know what they are purchasing and eating.” The provisions would declare a food product as “misbranded” if it is not “born, raised, and harvested in a traditional manner” while using any of a list of meat-related terms and not carrying a qualifying term identifying the product as plant-based or cultivated. The bill has been referred to the House Committee on Rural Development, Agriculture, and Natural Resources.

Wyoming House Bill 66, the misleadingly named “Working Animal Protection Act,” would prohibit localities from enacting or enforcing an ordinance that “terminates, bans, or unduly impedes a person from using a working animal in lawful commerce or an animal enterprise.” The bill defines “working animal” to include animals who are used for “lawful hunting, agriculture, ranching, husbandry, transportation, education, competition, tourism, entertainment, or exhibition.” If enacted, the bill would become effective July 1, 2022.

Indiana House Bill 1248 would prohibit an individual who owns a big cat, big cat hybrid, or bear from allowing a member of the public to have direct physical contact with the animal. The bill also would prohibit the ownership of big cats or bears without a U.S. Department of Agriculture license. The bill was introduced after an Indiana roadside zoo, Wildlife in Need, and its owner, Tim Stark, were charged with more than 120 violations of the federal Animal Welfare Act and assessed with more than $300,000 in penalties in connection with a big cat breeding and petting business they ran before being shut down by state and federal officials. Both were featured in the Netflix series “Tiger King.” The bill passed the House and has been referred to the Indiana Senate Committee on Natural Resources.

Maryland Senate Bill 877, cross-filed with House Bill 1062, would establish procedures for the authorization of certain police officers, humane law enforcement officers, or other public officials to recover reasonable costs of care from the owner or custodian of a seized animal. The provisions would exempt poultry, livestock, and herding dogs from provisions for seizure unless recommended by a veterinarian. The bill has been referred to the Senate Committee on Judicial Proceedings.

New Jersey Assembly Bill 2275, the “Compassion for Community Cats Law,” would establish a fund to provide grants to municipalities for vaccinating and sterilizing free-roaming cats. The bill has been referred to the Assembly Committee on Agriculture and Food Security.

New Jersey Assembly Bill 2380, “Brianna’s Law,” would amend the state animal cruelty code to provide for criminal penalties of up to $10,000 for slaughtering or transporting for slaughter a pregnant cow. The bill is named “in honor of the pregnant cow that gave birth to her calf two days after escaping a truck transporting her to a slaughterhouse and being found trotting down Route 80 on December 27, 2018.” The bill has been referred to the Assembly Committee on Agriculture.

Oklahoma Senate Bill 1710 would allow all beef, bison, pork, and chicken produced in an Oklahoma state-inspected facility to be sold in Oklahoma without U.S. Department of Agriculture (USDA) inspection or approval. The bill would require labels to specify “For Intrastate Use Only,” as well as “Oklahoma Beef,” “Oklahoma Bison,” “Oklahoma Pork,” or “Oklahoma Chicken.” The measure is one of numerous pending in agricultural states that would expand market opportunities for smaller farms that are not USDA inspected. The bill has been referred to the Senate Committee on Agriculture and Wildlife.

California Assembly Bill 1881, the “Dog and Cat Bill of Rights,” would declare that dogs and cats “have the right" to be respected as sentient beings and the right to be free from exploitation, cruelty, neglect, and abuse; to a life of comfort, free of fear and anxiety; to daily mental stimulation and appropriate exercise; the right to nutritious food, sanitary water, and shelter in an appropriate and safe environment; to preventive and therapeutic health care; to be properly identified through tags, microchips, or other humane means; and to be spayed and neutered to prevent unwanted litters. The bill would require “each public animal control agency or shelter, society for the prevention of cruelty to animals' shelter, humane society shelter, or rescue group shall post a copy of the Dog and Cat Bill of Rights in a conspicuous place accessible to public view.” The bill expressly states that it would not create a private right of action to enforce its provisions and that its intent is to “inform potential owners of the standards for basic physical care and emotional well-being of dogs and cats."

New Jersey Assembly Bill 2470, previously introduced as Assembly Bill 443, would prohibit animal cruelty offenders from owning, keeping, or harboring animals. The bill also would require the Commissioner of Health and Senior Services to maintain a publicly accessible list of offenders on the Department of Health and Senior Services website. Language of the new bill has not yet been posted, and the bill has not yet been referred to a committee.

Rhode Island Senate Bill 2227 would authorize courts overseeing a criminal animal abuse case or civil proceeding where the welfare or custody of an animal is at issue to appoint an advocate who would make recommendations to the court based on the interests of justice. The bill, which previously had been introduced without success, has been referred to the Senate Committee on the Judiciary.

Iowa Senate File 2245 would amend the Iowa Meat and Poultry Inspection Act to create an exemption from typical licensing requirements for the slaughter of animals for “A person who slaughters, processes, or prepares livestock or poultry of the person’s own raising, exclusively for the person’s household, nonpaying guests, or nonpaying employees.” The bill has not yet been assigned to a committee.

Iowa Sente File 2260 would require research facilities to establish animal adoption programs for eligible dogs and cats. The bill has been referred to the Senate Committee on State Government.

Iowa House Bill 700 provides guidance on the lawful hunting of untamed game livestock, defined as “bison, sheep, or goats if the bison, sheep, or goats are birthed and raised in [Iowa] for purposes of hunting on a preserve in [Iowa].” The bill has been referred to the House Committee on Natural Resources.

Maryland House Bill 1064 would require the Maryland Department of Agriculture to develop, publish, and regularly update a fact sheet on the care and protection of pets in the event of an eviction or other loss of possession of real property. The bill has been referred to the House Committee on Environment and Transportation.

The U.S. District Court for the Eastern District of California denied a request by the Iowa Pork Producers (“Pork Producers”) to expedite consideration of their motion for injunctive relief seeking to prevent enforcement of California’s Proposition 12 (“Prop 12”). In pertinent part, Prop 12, which went into effect on January 1, 2022, prohibits the sale of pork from pigs who were denied adequate space or confined to a gestation crate. The court found that expedited treatment was not warranted, in part, because the Pork Producers’ request for the court to “urgently prioritize” their motion was based on certain arguments that have been ripe for three years. The court did grant the Pork Producers’ request for transfer to the Central District of California, where a similar Prop 12 challenge is pending.

Conservation groups sent a 60-day notice of intent to sue the U.S. Fish & Wildlife Service (FWS) for the agency’s failure to designate critical habitat for the endangered Florida bonneted bat. FWS listed the rare bat as endangered in 2013, but failed to designate a critical habitat, prompting the Center for Biological Diversity, Tropical Audubon Society, and the Miami Blue Chapter of the North American Butterfly Association to sue the agency in 2018. FWS announced a public comment period on critical habitat designation in 2020, but has failed to finalize any designation for the bat which has been driven to near-extinction by pesticide use and land development.

The Center for Biological Diversity and the Conservation Council for Hawai‘i, represented by Earthjustice, sued Maui’s Grand Wailea Resort, alleging that the resort has been violating the Endangered Species Act (ESA) by using bright lights that disorient Hawaiian petrels, frequently leading to their grounding and death. Plaintiffs are seeking declaratory judgment that the resort is violating the ESA by harming and harassing the endangered seabirds without seeking incidental take authorization from the U.S. Fish & Wildlife Service.

The Center for Biological Diversity (CBD) sent a 60-day notice of intent to sue the U.S. Fish & Wildlife Service (FWS) to protect Suckley’s cuckoo bumblebees. The imperiled bees, who play a vital role in ecosystem health, were once common in prairies, meadows, and grasslands across the western United States and Canada, but have lost more than 50% of their range and have no reported sightings since October 2017. CBD argues that FWS has unreasonably delayed responding to the organization’s April 2020 petition to protect Suckley’s cuckoo bumblebees under the Endangered Species Act.

The Center for Biological Diversity (CBD) and Healthy Gulf submitted a 60-day notice of intent to sue the U.S. Fish & Wildlife Service (FWS) for the agency’s failure to extend the appropriate level of protection under the Endangered Species Act to the eastern black rail––despite the agency’s projections that the imperiled marsh bird will be extinct by 2068. CBD and Healthy Gulf argue that FWS’ decision to list the eastern black rail as threatened, rather than endangered, violates the ESA because it does not reflect the best available scientific data.

A federal court overturned the U.S. Fish and Wildlife Service’s (FWS) decision to remove Endangered Species Act protections for gray wolves across most of the continental United States. The court’s decision restores federal protections for gray wolves in the Great Lakes region, West Coast states, and southern Rocky Mountains and will prevent wolf trophy hunting and trapping in all states outside the northern Rocky Mountains. The decision came in response to a lawsuit brought by a coalition of conservation and animal protection organizations in January 2021. In its ruling, the court noted that FWS’s analysis relied on just two core wolf populations to then decide to delist wolves nationally while also failing to provide a reasonable interpretation of the ‘significant portion of its range’ standard.

The Superior Court of Pennsylvania ruled that a lower court erred in finding that a private criminal complaint submitted by Animal Outlook (AO) alleging hundreds of animal cruelty violations against cows and calves at Martin Farms dairy farm did not warrant prosecution. Following AO’s undercover investigation that captured downed cows being dragged, calves having their horns burned off, excessive use of electric shock, and gratuitous tail pulling and twisting, AO submitted a private criminal complaint, but the District Attorney declined to prosecute. Under Pennsylvania law, when a prosecutor refuses to bring criminal charges based on a private complaint, the private complainant can ask a court to order the prosecutor to file charges. When AO sought such an order the trial court sided with the DA. On appeal of the trial court’s decision, the Superior Court found that AO “provided sufficient evidence to show prima facie cases of neglect, cruelty, and aggravated cruelty” that did not fall within the “agricultural operation” exception to animal cruelty. The Superior Court then remanded the matter to the trial court, with directions for the trial court to order the DA to “accept and transmit for prosecution … [AO’s] private criminal complaint.”

The Ventura County Superior Court issued a ruling, which has not yet been finalized, upholding Ordinance Number 4537 and Ordinance Number 4539, a pair of novel local ordinances that were enacted on March 12, 2019 to protect the wildlife corridors that connect the Los Padres National Forest, Santa Monica Mountains, and Simi Hills. Habitat connectivity is crucial for the survival of mountain lions, gray foxes, California red-legged frogs, and other wildlife in the region. The ruling comes in response to a legal challenge to enforcement of the ordinances by organizations that seek to preserve private property rights.

The U.S. Fish & Wildlife Service (FWS) announced its findings following receipt of multiple petitions to add the variable cuckoo bumble bee and the Texas population of ocelots to be listed under the Endangered Species Act. FWS found that the petition to list the variable cuckoo bumble bee warrants further review, and it will accept further public input at any point during the 12-month review period. The agency found that the petition to classify the Texas ocelot population as a distinct population segment (DPS) did not present sufficient evidence to warrant listing at this time. On the same day, FWS made a separate announcement that it determined that protecting the Sonoran desert tortoise under the Endangered Species Act is not warranted at this time.

The National Marine Fisheries Service (NMFS) published notice that the San Diego Zoo has applied for a permit under the Marine Mammal Protection Act and Endangered Species Act to import, export, and receive parts from up to sixty pinnipeds, cetaceans, and sea turtles per year over the next five years for research and preservation of genetic diversity. NMFS is accepting comments on the application through March 10, 2022.

Headwater Wind Farm, LLC has applied to the U.S. Fish & Wildlife Service (FWS) for a permit that would allow the incidental harm and harassment of federally listed Indiana bats and longeared bats in connection with a wind farm project for the next thirty-years. FWS is accepting comments on the incidental take permit application through March 11, 2022.

The Office of the U.S. Trade Representative formally requested environmental consultations with Mexico relating to the prevention of illegal fishing, protection of the critically endangered vaquita porpoise in the Gulf of California, and the trafficking of totoaba fish. The request is the first step under the enforcement and dispute mechanism of the U.S.-Mexico-Canada Agreement (USMCA), which could precipitate trade sanctions against Mexico should the country persist in failing to enforce its environmental laws or prevent illegal fishing, as required by multilateral trade agreement obligations. Experts estimate that the entire population of vaquita porpoises has dwindled to just ten, placing the most-endangered marine mammal in precarious danger of extinction. Vaquita become entangled and die in fishing gear set to catch shrimp and finfish, particularly totoaba, a large fish in demand in China for its swim bladder. This request is the first time the U.S. government has invoked the USMCA’s environmental consultation provision since the trade agreement took effect in 2020.

The National Marine Fisheries Service announced that the following species have been overfished: Gulf of Mexico gag, Bering Sea snow crab, Atlantic mackerel, Georges Bank winter flounder, Southern New England/Mid-Atlantic winter flounder, and Atlantic Coast bluefish. The agency has notified the relevant fishery management councils of the requirement to rebuild the stocks of each of these populations.

The U.S. Fish & Wildlife Service (FWS) published notice of an application it has received from St. Martin’s University in Thurston County, Washington for an incidental take permit that would authorize the university to harm and harass the Yelm subspecies of Mazama pocket gophers incidental to construction and maintenance activities. FWS is accepting public comments on the application until March 14, 2022.

Platto, S., Serres, A., Jingyi, A., Chinese College Students’ Attitudes Towards Animal Welfare, Animals 12, 156 (2022).

The first production standards for cage-free eggs have been announced in China, the largest egg-producer in the world. A unified definition of “cage-free” will help facilitate the adoption of cage-free systems in China, and the new standard comes with guidelines to assist retailers identify suppliers that are using best practices.

Israel’s Agriculture Ministry announced that a record 856,630 live calves and lambs—96,800 of which were transferred to the Palestinian Authority—were imported in 2021, marking a 42% increase since 2020. There are currently seven bills pending in Israel that would phase out live animal imports in favor of exclusively importing chilled or frozen meat.

Bill C-247, the “Prohibition of Fur Farming Act,” has been introduced in the House of Commons of Canada and would prohibit owning or operation of a fur farm; breeding or inseminating a fur-bearing animal for purposes of sending its offspring to a fur farm; slaughtering a fur-bearing animal to use the pelt for commercial purposes; and giving, renting, selling, or transporting a fur-bearing animal to a fur farm. Violations would be subject to criminal penalties of up to $250,000 CAD and up to two years imprisonment.