House Resolution 7004, the “Pigs in Gestation Stalls (PIGS) Act of 2022,” would amend the federal Animal Welfare Act by prohibiting the confinement of any female pig who is pregnant or kept for the purpose of breeding in “such a manner that prevents the pig from lying down, standing up, or turning around in a complete circle without any impediment, including a tether; and without touching the side of an enclosure or another animal.” The bill also would require each such pig to be provided with at least twenty-four square feet of “usable floorspace.” The bill is cosponsored by Reps. Veronica Escobar and Nancy Mace and has been referred to the House Committee on Agriculture.
Issue 128
This Week's Spotlights
Legislative Updates - Pending Federal Actions
Bill Would Amend the Federal Animal Welfare Act to Ban Gestation Crates
Legislation Updates - Pending State Actions
Louisiana Bill Would Prohibit the Sale of Cosmetics That Have Been Tested on Animals
Louisiana House Bill 714 would prohibit in limited circumstances the sale of cosmetics if the product or any of its ingredients have been tested on animals. The bill has been referred to the House Committee on Commerce.
Louisiana House Bill 714 would prohibit in limited circumstances the sale of cosmetics if the product or any of its ingredients have been tested on animals. The bill has been referred to the House Committee on Commerce.
Case Law Updates - Federal Case Law Updates
New York Federal Judge Denies Egg Producer’s Motion to Dismiss in Lawsuit Challenging “Free Range” Claims
A federal judge has denied a motion to dismiss filed by the producer of Nellie’s Free-Range Eggs in a lawsuit alleging the company deceived consumers by falsely advertising its eggs as “free-range” when they actually were sourced from hens housed in overcrowded sheds with severely limited access to the outdoors only part of the year.
A federal judge has denied a motion to dismiss filed by the producer of Nellie’s Free-Range Eggs in a lawsuit alleging the company deceived consumers by falsely advertising its eggs as “free-range” when they actually were sourced from hens housed in overcrowded sheds with severely limited access to the outdoors only part of the year.
Major Beef Producers Face Another Conspiracy and Price-Fixing Lawsuit
The owner of a small food services company sued the largest beef production companies in the world, including JBS, Cargill, Swift Beef, Tyson Foods, and National Beef Packing Company, alleging the beef processors have conspired to artificially inflate and fix the price of beef throughout the United States since at least 2015 in violation of the Sherman Antitrust Act. JBS, the largest beef producer in the world, recently agreed to pay $52.5 million to settle another price-fixing lawsuit, and the U.S. Department of Justice has been investigating possible price-fixing in the industry since at least 2020. In the instant case, Plaintiff Amory Investments, LLC is seeking declaratory judgment, injunctive relief, and treble damages.
The owner of a small food services company sued the largest beef production companies in the world, including JBS, Cargill, Swift Beef, Tyson Foods, and National Beef Packing Company, alleging the beef processors have conspired to artificially inflate and fix the price of beef throughout the United States since at least 2015 in violation of the Sherman Antitrust Act. JBS, the largest beef producer in the world, recently agreed to pay $52.5 million to settle another price-fixing lawsuit, and the U.S. Department of Justice has been investigating possible price-fixing in the industry since at least 2020. In the instant case, Plaintiff Amory Investments, LLC is seeking declaratory judgment, injunctive relief, and treble damages.
Impossible Foods Files Suit Over Patent Infringement of Heme Ingredient
Impossible Foods has sued a competitor, Motif Foodworks Inc., for allegedly infringing on its patent for an ingredient that mimics the meat molecule heme that is responsible for the company’s products’ similarity to beef.
Impossible Foods has sued a competitor, Motif Foodworks Inc., for allegedly infringing on its patent for an ingredient that mimics the meat molecule heme that is responsible for the company’s products’ similarity to beef.
Federal Judge Blocks Access to IRS Documents Related to Slaughterhouse Immigration Raid
A D.C. federal judge has granted the Internal Revenue Service’s motion for summary judgment in a case brought by the Southern Poverty Law Center and National Immigration Law Center seeking records related to an immigration raid on a Tennessee slaughterhouse. The judge ruled that the records constitute tax return information and are thus exempt from disclosure.
A D.C. federal judge has granted the Internal Revenue Service’s motion for summary judgment in a case brought by the Southern Poverty Law Center and National Immigration Law Center seeking records related to an immigration raid on a Tennessee slaughterhouse. The judge ruled that the records constitute tax return information and are thus exempt from disclosure.
Advocacy Groups Prevail on Summary Judgment Motion in Second Iowa Ag-Gag Case
The Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Center for Food Safety, Bailing Out Benji, and Iowa Citizens for Community Improvement prevailed on a motion for summary judgment in their case challenging the constitutionality of Iowa’s second Ag-Gag law passed in 2019. In granting Plaintiffs’ motion and ruling that the Ag-Gag law is “viewpoint discriminatory,” the court found that the law impermissibly “seeks to single out specific individuals for punishment based on their viewpoint regarding [animal agriculture] facilities.” The judge stated the court will start determining the scope of a permanent injunction blocking the law.
The Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Center for Food Safety, Bailing Out Benji, and Iowa Citizens for Community Improvement prevailed on a motion for summary judgment in their case challenging the constitutionality of Iowa’s second Ag-Gag law passed in 2019. In granting Plaintiffs’ motion and ruling that the Ag-Gag law is “viewpoint discriminatory,” the court found that the law impermissibly “seeks to single out specific individuals for punishment based on their viewpoint regarding [animal agriculture] facilities.” The judge stated the court will start determining the scope of a permanent injunction blocking the law.
Agency Updates
FWS Solicits Public Input in Preparation for CITES CoP19
The U.S. Fish & Wildlife Service (FWS), which serves as the U.S.’ management authority for the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), published notice that it is accepting public comments on matters of concern for the next Conference of the Parties (CoP). Parties to CITES, the most significant multilateral wildlife treaty which forms the foundation for the federal Endangered Species Act, meet every three years to discuss how best to advance critical conservation initiatives for imperiled species. Significant issues at the upcoming CITES CoP19 likely will include trade in elephant ivory, numerous items concerning the trade in Asian big cats, and protection of sharks and rays. FWS is accepting comments and further suggestions through April 6, 2022, after which there will be an additional comment period once FWS determines which issues it intends to prioritize.
The U.S. Fish & Wildlife Service (FWS), which serves as the U.S.’ management authority for the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), published notice that it is accepting public comments on matters of concern for the next Conference of the Parties (CoP). Parties to CITES, the most significant multilateral wildlife treaty which forms the foundation for the federal Endangered Species Act, meet every three years to discuss how best to advance critical conservation initiatives for imperiled species. Significant issues at the upcoming CITES CoP19 likely will include trade in elephant ivory, numerous items concerning the trade in Asian big cats, and protection of sharks and rays. FWS is accepting comments and further suggestions through April 6, 2022, after which there will be an additional comment period once FWS determines which issues it intends to prioritize.
International Updates
United Nations Environment Assembly Passes First Animal Welfare Resolution
The United Nations Environment Assembly of the U.N. Environmental Programme (UNEA) unanimously adopted a resolution that calls on countries to protect animals in their efforts to pursue more sustainable development during its Fifth Assembly in Nairobi, Kenya. The resolution notably acknowledges that “animal welfare can contribute to addressing environmental challenges, promoting the ‘One Health’ approach and achieving the Sustainable Development Goals” and calls on countries to work together to identify those relationships. This resolution is significant as it is the first UNEA resolution concerning animal welfare.
The United Nations Environment Assembly of the U.N. Environmental Programme (UNEA) unanimously adopted a resolution that calls on countries to protect animals in their efforts to pursue more sustainable development during its Fifth Assembly in Nairobi, Kenya. The resolution notably acknowledges that “animal welfare can contribute to addressing environmental challenges, promoting the ‘One Health’ approach and achieving the Sustainable Development Goals” and calls on countries to work together to identify those relationships. This resolution is significant as it is the first UNEA resolution concerning animal welfare.
Legislative Updates
Pending Federal Actions
Bill Would Amend the Federal Animal Welfare Act to Ban Gestation Crates
House Resolution 7004, the “Pigs in Gestation Stalls (PIGS) Act of 2022,” would amend the federal Animal Welfare Act by prohibiting the confinement of any female pig who is pregnant or kept for the purpose of breeding in “such a manner that prevents the pig from lying down, standing up, or turning around in a complete circle without any impediment, including a tether; and without touching the side of an enclosure or another animal.” The bill also would require each such pig to be provided with at least twenty-four square feet of “usable floorspace.” The bill is cosponsored by Reps. Veronica Escobar and Nancy Mace and has been referred to the House Committee on Agriculture.
House Resolution 7004, the “Pigs in Gestation Stalls (PIGS) Act of 2022,” would amend the federal Animal Welfare Act by prohibiting the confinement of any female pig who is pregnant or kept for the purpose of breeding in “such a manner that prevents the pig from lying down, standing up, or turning around in a complete circle without any impediment, including a tether; and without touching the side of an enclosure or another animal.” The bill also would require each such pig to be provided with at least twenty-four square feet of “usable floorspace.” The bill is cosponsored by Reps. Veronica Escobar and Nancy Mace and has been referred to the House Committee on Agriculture.
Bill Would Help Mitigate Negative Impacts of Sea Vessel Traffic on Marine Mammals
House Resolution 6987 would establish programs to reduce the impacts of vessel traffic and underwater noise on marine mammals. The bill, which is co-sponsored by Representatives Rick Larsen, Brian Fitzpatrick, Julia Brownley, Marilyn Strickland, Suzan DelBene, and Derek Kilmer, was referred to the House Committee on Transportation and Infrastructure and the House Committee on Armed Services before being referred to the House Subcommittee on Coast Guard and Maritime Transportation.
House Resolution 6987 would establish programs to reduce the impacts of vessel traffic and underwater noise on marine mammals. The bill, which is co-sponsored by Representatives Rick Larsen, Brian Fitzpatrick, Julia Brownley, Marilyn Strickland, Suzan DelBene, and Derek Kilmer, was referred to the House Committee on Transportation and Infrastructure and the House Committee on Armed Services before being referred to the House Subcommittee on Coast Guard and Maritime Transportation.
Enacted State Actions
Utah Legislation Declares "Decade of Agriculture"
Utah Governor Spencer Cox signed Senate Concurrent Resolution 8, declaring the “Decade of Agriculture” for the State of Utah.
Utah Governor Spencer Cox signed Senate Concurrent Resolution 8, declaring the “Decade of Agriculture” for the State of Utah.
Pending State Actions
Louisiana Bill Would Prohibit the Sale of Cosmetics That Have Been Tested on Animals
Louisiana House Bill 714 would prohibit in limited circumstances the sale of cosmetics if the product or any of its ingredients have been tested on animals. The bill has been referred to the House Committee on Commerce.
Louisiana House Bill 714 would prohibit in limited circumstances the sale of cosmetics if the product or any of its ingredients have been tested on animals. The bill has been referred to the House Committee on Commerce.
Louisiana Bill Would Authorize Confiscation of Firearms from Individuals Who Have Recent Documented History of Animal Cruelty
Louisiana Senate Bill 327 would authorize the confiscation of firearms from individuals who make threats of violence when there is probable cause to believe that the individual poses a “risk of imminent personal injury to himself or to another person.” The bill would require courts to consider “recent acts of cruelty to animals” as well as “recent threats or acts of violence … toward another person or persons” when determining if confiscation is warranted. The bill has been referred to Senate Judiciary Committee.
Louisiana Senate Bill 327 would authorize the confiscation of firearms from individuals who make threats of violence when there is probable cause to believe that the individual poses a “risk of imminent personal injury to himself or to another person.” The bill would require courts to consider “recent acts of cruelty to animals” as well as “recent threats or acts of violence … toward another person or persons” when determining if confiscation is warranted. The bill has been referred to Senate Judiciary Committee.
Louisiana Bill Would Enhance Criminal Penalties for Certain Animal Cruelty Offenses
Louisiana House Bill 607 would amend the state’s animal cruelty statute by establishing minimum criminal penalties and allowing courts to order offenders to pay for veterinary care administered to victims. The bill has been referred to the House Committee on Administration of Criminal Justice.
Louisiana House Bill 607 would amend the state’s animal cruelty statute by establishing minimum criminal penalties and allowing courts to order offenders to pay for veterinary care administered to victims. The bill has been referred to the House Committee on Administration of Criminal Justice.
Minnesota Bill Would Allow Small Farms to Sell Raw Milk
Minnesota House File 4073 would allow small farm producers to sell fluid raw milk and fluid raw milk products. The bill has been referred to the House Committee on Agriculture Finance and Policy.
Minnesota House File 4073 would allow small farm producers to sell fluid raw milk and fluid raw milk products. The bill has been referred to the House Committee on Agriculture Finance and Policy.
New Jersey Bill Would Establish Two-Year Courtroom Animal Advocate Pilot Program
New Jersey Senate Bill 2211 would establish a two-year pilot program for courtroom animal advocates to serve the interests of justice in criminal proceedings that affect the welfare or care of an animal. The bill would require the Administrative Director of the Courts to submit a report to the Governor of New Jersey with details about program implementation and recommendations about whether it should be continued. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Senate Bill 2211 would establish a two-year pilot program for courtroom animal advocates to serve the interests of justice in criminal proceedings that affect the welfare or care of an animal. The bill would require the Administrative Director of the Courts to submit a report to the Governor of New Jersey with details about program implementation and recommendations about whether it should be continued. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Bill Would Make Companion Animals of Disabled Residents Eligible for Low-Cost Spay and Neuter Program
New Jersey Senate Bill 2202 would expand the eligibility for reduced cost spay and neuter programs to include the companion animal of any disabled New Jersey resident. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Senate Bill 2202 would expand the eligibility for reduced cost spay and neuter programs to include the companion animal of any disabled New Jersey resident. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Bill Would Allow Dogs in Veterans’ Residential Facilities
New Jersey Senate Bill 2197 would allow dogs to visit at any New Jersey veterans’ residential facility. The bill has been referred to the Senate Military and Veterans Affairs Committee.
New Jersey Senate Bill 2197 would allow dogs to visit at any New Jersey veterans’ residential facility. The bill has been referred to the Senate Military and Veterans Affairs Committee.
Georgia Bill Would Allow Year-Round Feral Hog Hunting in Wildlife Management Areas
Georgia House Bill 1521 would authorize wildlife control permittees to hunt or trap feral hogs on wildlife management areas during any season. The bill has been referred to the House Committee on Game, Fish and Parks.
Georgia House Bill 1521 would authorize wildlife control permittees to hunt or trap feral hogs on wildlife management areas during any season. The bill has been referred to the House Committee on Game, Fish and Parks.
New Jersey Bill Would Allocate Funds for Animal Cruelty Investigations and Training
New Jersey Assembly Bill 3522 would require the transfer of certain excess animal control funds to prosecutors, municipalities, police departments, and the Police Training Commission for enforcement of animal cruelty laws and training of humane law enforcement officers. The bill has been referred to the Assembly Agriculture Committee.
New Jersey Assembly Bill 3522 would require the transfer of certain excess animal control funds to prosecutors, municipalities, police departments, and the Police Training Commission for enforcement of animal cruelty laws and training of humane law enforcement officers. The bill has been referred to the Assembly Agriculture Committee.
California Bill Would Incentivize “Conservation Ranching”
California Senate Bill 977 would establish the “California Conservation Ranching Incentive Program” and require the Wildlife Conservation Board to award block grants to eligible entities to “administer, plan, and implement local programs to enhance and restore California’s non-public rangelands, grazing lands, and grasslands by contracting with landowners or lessees for projects to implement conservation ranching practices.” The bill sets criteria for how grants should be administered and has been referred to the Senate Committee on Rules.
California Senate Bill 977 would establish the “California Conservation Ranching Incentive Program” and require the Wildlife Conservation Board to award block grants to eligible entities to “administer, plan, and implement local programs to enhance and restore California’s non-public rangelands, grazing lands, and grasslands by contracting with landowners or lessees for projects to implement conservation ranching practices.” The bill sets criteria for how grants should be administered and has been referred to the Senate Committee on Rules.
Minnesota Bill Would Reimburse Deer Farmers Who Lost Revenue Due to Emergency Movement Restrictions in 2021
Minnesota Senate File 3854 would establish a one-time appropriation for owners of farmed white-tail deer who lost revenue in 2021 due to emergency movement bans imposed to mitigate the spread of chronic wasting disease (CWD). CWD is a fatal and highly contagious neurodegenerative disease affecting cervids which is categorized as a “prion disease” alongside bovine spongiform encephalopathy (colloquially known as “mad cow disease”) and scrapie. The bill has been referred to the Senate Committee on Agriculture and Rural Development Finance and Policy.
Minnesota Senate File 3854 would establish a one-time appropriation for owners of farmed white-tail deer who lost revenue in 2021 due to emergency movement bans imposed to mitigate the spread of chronic wasting disease (CWD). CWD is a fatal and highly contagious neurodegenerative disease affecting cervids which is categorized as a “prion disease” alongside bovine spongiform encephalopathy (colloquially known as “mad cow disease”) and scrapie. The bill has been referred to the Senate Committee on Agriculture and Rural Development Finance and Policy.
Wisconsin Bill Would Designate State Small Game Bird
Wisconsin Senate Bill 1064 would designate the ruffed grouse as the state small game bird. The bill has been referred to the Senate Committee on Government Operations, Legal Review, and Consumer Protection.
Wisconsin Senate Bill 1064 would designate the ruffed grouse as the state small game bird. The bill has been referred to the Senate Committee on Government Operations, Legal Review, and Consumer Protection.
Kansas Bill Would Establish Division of Pet Animal Facilities Inspection
Kansas Senate Bill 551 would establish a division of pet animal facilities inspection within the Kansas Department of Agriculture for purposes of mitigating “the spread of contagious or infectious disease among animals … within facilities regulated by the Kansas pet animal act.” The bill, which does not apply to cattle, horses, pigs, goats, ratites, domesticated deer, or domestic fowl, has been referred to the Senate Committee on Agriculture and Natural Resources.
Kansas Senate Bill 551 would establish a division of pet animal facilities inspection within the Kansas Department of Agriculture for purposes of mitigating “the spread of contagious or infectious disease among animals … within facilities regulated by the Kansas pet animal act.” The bill, which does not apply to cattle, horses, pigs, goats, ratites, domesticated deer, or domestic fowl, has been referred to the Senate Committee on Agriculture and Natural Resources.
Case Law Updates
Federal Case Law Updates
New York Federal Judge Denies Egg Producer’s Motion to Dismiss in Lawsuit Challenging “Free Range” Claims
A federal judge has denied a motion to dismiss filed by the producer of Nellie’s Free-Range Eggs in a lawsuit alleging the company deceived consumers by falsely advertising its eggs as “free-range” when they actually were sourced from hens housed in overcrowded sheds with severely limited access to the outdoors only part of the year.
A federal judge has denied a motion to dismiss filed by the producer of Nellie’s Free-Range Eggs in a lawsuit alleging the company deceived consumers by falsely advertising its eggs as “free-range” when they actually were sourced from hens housed in overcrowded sheds with severely limited access to the outdoors only part of the year.
Ninth Circuit Upholds Experimental FWS Owl-Killing Program
The Ninth Circuit has upheld an experimental program implemented by the U.S. Fish and Wildlife Service that allows individuals to kill barred owls on the Oregon coast to protect the local spotted owl population. Friends of Animals first filed suit challenging the program in 2017, the district court then granted the government’s motion for summary judgment, and plaintiffs had appealed.
The Ninth Circuit has upheld an experimental program implemented by the U.S. Fish and Wildlife Service that allows individuals to kill barred owls on the Oregon coast to protect the local spotted owl population. Friends of Animals first filed suit challenging the program in 2017, the district court then granted the government’s motion for summary judgment, and plaintiffs had appealed.
Aldi Settles with Tyson Over Price Fixing Claims
Aldi has settled its claims against Tyson that the poultry giant conspired to fix the price of poultry products.
Aldi has settled its claims against Tyson that the poultry giant conspired to fix the price of poultry products.
Eighth Circuit Refuses to Revive Lawsuit Challenging Champion Petfoods Labeling
The Eighth Circuit has upheld a district court’s dismissal of a lawsuit challenging the labeling of Champion Petfoods products as “biologically appropriate.”
The Eighth Circuit has upheld a district court’s dismissal of a lawsuit challenging the labeling of Champion Petfoods products as “biologically appropriate.”
Major Beef Producers Face Another Conspiracy and Price-Fixing Lawsuit
The owner of a small food services company sued the largest beef production companies in the world, including JBS, Cargill, Swift Beef, Tyson Foods, and National Beef Packing Company, alleging the beef processors have conspired to artificially inflate and fix the price of beef throughout the United States since at least 2015 in violation of the Sherman Antitrust Act. JBS, the largest beef producer in the world, recently agreed to pay $52.5 million to settle another price-fixing lawsuit, and the U.S. Department of Justice has been investigating possible price-fixing in the industry since at least 2020. In the instant case, Plaintiff Amory Investments, LLC is seeking declaratory judgment, injunctive relief, and treble damages.
The owner of a small food services company sued the largest beef production companies in the world, including JBS, Cargill, Swift Beef, Tyson Foods, and National Beef Packing Company, alleging the beef processors have conspired to artificially inflate and fix the price of beef throughout the United States since at least 2015 in violation of the Sherman Antitrust Act. JBS, the largest beef producer in the world, recently agreed to pay $52.5 million to settle another price-fixing lawsuit, and the U.S. Department of Justice has been investigating possible price-fixing in the industry since at least 2020. In the instant case, Plaintiff Amory Investments, LLC is seeking declaratory judgment, injunctive relief, and treble damages.
Impossible Foods Files Suit Over Patent Infringement of Heme Ingredient
Impossible Foods has sued a competitor, Motif Foodworks Inc., for allegedly infringing on its patent for an ingredient that mimics the meat molecule heme that is responsible for the company’s products’ similarity to beef.
Impossible Foods has sued a competitor, Motif Foodworks Inc., for allegedly infringing on its patent for an ingredient that mimics the meat molecule heme that is responsible for the company’s products’ similarity to beef.
Federal Judge Blocks Access to IRS Documents Related to Slaughterhouse Immigration Raid
A D.C. federal judge has granted the Internal Revenue Service’s motion for summary judgment in a case brought by the Southern Poverty Law Center and National Immigration Law Center seeking records related to an immigration raid on a Tennessee slaughterhouse. The judge ruled that the records constitute tax return information and are thus exempt from disclosure.
A D.C. federal judge has granted the Internal Revenue Service’s motion for summary judgment in a case brought by the Southern Poverty Law Center and National Immigration Law Center seeking records related to an immigration raid on a Tennessee slaughterhouse. The judge ruled that the records constitute tax return information and are thus exempt from disclosure.
Colorado Judge Dismisses Price-Fixing Lawsuit Against Pilgrim’s Pride
A federal judge has dismissed an investor suit brought against Pilgrim’s Pride regarding the company’s participation in a price-fixing scheme, saying the plaintiffs’ claims of deception were too vague.
A federal judge has dismissed an investor suit brought against Pilgrim’s Pride regarding the company’s participation in a price-fixing scheme, saying the plaintiffs’ claims of deception were too vague.
Advocacy Organization Sues FDA for Failing to Provide Public Records Relating to Genetically Engineered Salmon
The Center for Food Safety (CFS) filed a Freedom of Information Act lawsuit against the U.S. Food and Drug Administration (FDA) for unlawfully withholding public records regarding the FDA’s environmental assessment of genetically engineered salmon for human consumption and a planned Ohio production facility. CFS is seeking declaratory judgment and expedited processing of its FOIA request.
The Center for Food Safety (CFS) filed a Freedom of Information Act lawsuit against the U.S. Food and Drug Administration (FDA) for unlawfully withholding public records regarding the FDA’s environmental assessment of genetically engineered salmon for human consumption and a planned Ohio production facility. CFS is seeking declaratory judgment and expedited processing of its FOIA request.
Advocacy Groups Prevail on Summary Judgment Motion in Second Iowa Ag-Gag Case
The Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Center for Food Safety, Bailing Out Benji, and Iowa Citizens for Community Improvement prevailed on a motion for summary judgment in their case challenging the constitutionality of Iowa’s second Ag-Gag law passed in 2019. In granting Plaintiffs’ motion and ruling that the Ag-Gag law is “viewpoint discriminatory,” the court found that the law impermissibly “seeks to single out specific individuals for punishment based on their viewpoint regarding [animal agriculture] facilities.” The judge stated the court will start determining the scope of a permanent injunction blocking the law.
The Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Center for Food Safety, Bailing Out Benji, and Iowa Citizens for Community Improvement prevailed on a motion for summary judgment in their case challenging the constitutionality of Iowa’s second Ag-Gag law passed in 2019. In granting Plaintiffs’ motion and ruling that the Ag-Gag law is “viewpoint discriminatory,” the court found that the law impermissibly “seeks to single out specific individuals for punishment based on their viewpoint regarding [animal agriculture] facilities.” The judge stated the court will start determining the scope of a permanent injunction blocking the law.
Agency Updates
USDA Announces Jerky Recall Due to Possible Listeria Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced the recall of approximately 1,634 pounds of ready-to-eat jerky products that might be contaminated with Listeria monocytogenes. The products were shipped to retail locations in Alabama, California, Connecticut, Michigan, New Jersey, North Carolina, Pennsylvania, and Texas, from California-based Boyd Specialties, LLC. The problem was discovered after a routine FSIS product sample tested positive for Listeria monocytogenes.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced the recall of approximately 1,634 pounds of ready-to-eat jerky products that might be contaminated with Listeria monocytogenes. The products were shipped to retail locations in Alabama, California, Connecticut, Michigan, New Jersey, North Carolina, Pennsylvania, and Texas, from California-based Boyd Specialties, LLC. The problem was discovered after a routine FSIS product sample tested positive for Listeria monocytogenes.
FWS Solicits Public Input in Preparation for CITES CoP19
The U.S. Fish & Wildlife Service (FWS), which serves as the U.S.’ management authority for the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), published notice that it is accepting public comments on matters of concern for the next Conference of the Parties (CoP). Parties to CITES, the most significant multilateral wildlife treaty which forms the foundation for the federal Endangered Species Act, meet every three years to discuss how best to advance critical conservation initiatives for imperiled species. Significant issues at the upcoming CITES CoP19 likely will include trade in elephant ivory, numerous items concerning the trade in Asian big cats, and protection of sharks and rays. FWS is accepting comments and further suggestions through April 6, 2022, after which there will be an additional comment period once FWS determines which issues it intends to prioritize.
The U.S. Fish & Wildlife Service (FWS), which serves as the U.S.’ management authority for the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), published notice that it is accepting public comments on matters of concern for the next Conference of the Parties (CoP). Parties to CITES, the most significant multilateral wildlife treaty which forms the foundation for the federal Endangered Species Act, meet every three years to discuss how best to advance critical conservation initiatives for imperiled species. Significant issues at the upcoming CITES CoP19 likely will include trade in elephant ivory, numerous items concerning the trade in Asian big cats, and protection of sharks and rays. FWS is accepting comments and further suggestions through April 6, 2022, after which there will be an additional comment period once FWS determines which issues it intends to prioritize.
Wind Energy Company Seeks Permission to Harm Marine Mammals During Construction Project
The National Marine Fisheries Service (NMFS) has received a request from Ocean Wind, LLC, for authorization to harm or harass a small number of marine mammals incidental to construction of a wind energy facility off of the coast of New Jersey for a period of five years beginning in 2023. NMFS will accept public comments on the application through April 6, 2022.
The National Marine Fisheries Service (NMFS) has received a request from Ocean Wind, LLC, for authorization to harm or harass a small number of marine mammals incidental to construction of a wind energy facility off of the coast of New Jersey for a period of five years beginning in 2023. NMFS will accept public comments on the application through April 6, 2022.
USDA Announces Bovine Animals from Sonora, Mexico May be Imported without Brucellosis Testing
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service is advising the public of its decision to classify the State of Sonora, Mexico as Level I for brucellosis, meaning that the region’s prevalence of the bacterial infection in its domestic bovine herd has been less than .001 percent over the past twenty-four consecutive months and bovine animals now may be imported without testing. Imports under the Level I classification may be authorized beginning March 7, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service is advising the public of its decision to classify the State of Sonora, Mexico as Level I for brucellosis, meaning that the region’s prevalence of the bacterial infection in its domestic bovine herd has been less than .001 percent over the past twenty-four consecutive months and bovine animals now may be imported without testing. Imports under the Level I classification may be authorized beginning March 7, 2022.
Federal Agencies Will Host Mandatory Shark Identification Workshops for Certain Fishers This Spring
The National Marine Fisheries Service and National Oceanic and Atmospheric Administration published upcoming dates and registration information for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops in April, May, and June. The free workshops are mandatory for certain fishers and shark dealers.
The National Marine Fisheries Service and National Oceanic and Atmospheric Administration published upcoming dates and registration information for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops in April, May, and June. The free workshops are mandatory for certain fishers and shark dealers.
USDA Seeks Public Input on Information Collection About Enforcement of the Horse Protection Act
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is seeking public comments on its proposed extension of an ongoing information collection under the Horse Protection Program and enforcement of the Horse Protection Act. The agency is seeking specific information about how the “quality, utility, and clarity” of the information it obtains from horse industry officials about horse soring can be improved. The public comment period is open through May 9, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is seeking public comments on its proposed extension of an ongoing information collection under the Horse Protection Program and enforcement of the Horse Protection Act. The agency is seeking specific information about how the “quality, utility, and clarity” of the information it obtains from horse industry officials about horse soring can be improved. The public comment period is open through May 9, 2022.
National Marine Fisheries Service Reports Four Takes of False Killer Whales in Hawaii Longline Fishery in 2021
The National Marine Fisheries Service announced that one mortality and three serious injuries to false killer whales occurred in the U.S. Exclusive Economic Zone’s deep-set longline fishery around Hawaii between January 18, 2021, and November 19, 2021. The takes should have triggered the closure of deep-set longline fishing through the end of the fishing year in order to comply with the False Killer Whale Take Reduction Plan. Because information about the November 19, 2021, take was not made available until January 2022, the fishery was never closed.
The National Marine Fisheries Service announced that one mortality and three serious injuries to false killer whales occurred in the U.S. Exclusive Economic Zone’s deep-set longline fishery around Hawaii between January 18, 2021, and November 19, 2021. The takes should have triggered the closure of deep-set longline fishing through the end of the fishing year in order to comply with the False Killer Whale Take Reduction Plan. Because information about the November 19, 2021, take was not made available until January 2022, the fishery was never closed.
U.S. Fish & Wildlife Service Announces Issuance of Numerous Endangered Species Act Permits for Research, Breeding, Trade, and Canned Hunting
The U.S. Fish & Wildlife Service announced its issuance of the following Endangered Species Act permits:
• Memphis Zoo (for the import of a female captive-born Amur leopard from Twycross Zoo in the United Kingdom in order to propagate the captive supply)
• Smithsonian Institution Museum of Natural History
• Virginia Zoological Park (captive-bred wildlife registration to breed and trade in Siamese crocodiles, white-naped cranes, siamangs, Bornean orangutangs, and Malayan tapirs)
• National Aviary in Pittsburgh (for captive-bred wildlife registration to breed and trade a number of protected avian species)
• University of Oklahoma (for the import of biological samples derived from wild Central American river turtles taken in Belize for research)
• Duke University Lemur Center (amendment of an existing permit to export additional Coquerel’s sifakas to the Berlin Tierpark)
• University of Michigan Museum of Zoology (for the import of biological samples derived from wild howler monkeys taken in Tabasco, Mexico)
• Wright Family, LLC (for the killing of multiple Arabian oryx and barasinghas at the J Bar J Ranch canned hunting facility in Clarendon, Texas)
• Saint Louis Zoo (for the import of biological samples derived from Galapagos tortoises for research purposes)
• University of Texas at Austin (for the export and re-impot of museum specimens of insects/arachnids, reptiles/amphibians, fish, and other invertebrates)
• Henry Vilas Zoo (for renewal of captive-bred wildlife registration to breed and trade Bactrian camels, Afrian wild asses, Lar gibbons, ring-tailed lemurs, black-and-white ruffed lemurs, golden lion tamarins, African lions, Amur tigers, Bornean orangutans, African penguins, and southern white rhinoceroses)
• Caldwell Zoo (for issuance of captive-bred wildlife registration to breed and trade in cheetahs, generic tigers, African lions, Black rhinoceroses, Grevy’s zebras, military macaws, northern bald ibises, red-ruffed lemurs, ring-tailed lemurs, cotton-top tamarins, and African penguins)
• Point Defiance Zoo and Aquarium (for issuance of captive-bred wildlife registration to breed and trade radiated tortoises, Parma wallabies, Asian elephants, black-and-white ruffed lemurs, ring-tailed lemurs, northern white-cheeked gibbons, siamangs, clouded leopards, Sumatran tigers, Malayan tapirs, and lowland anoas)
• Binder Park Zoo (for issuance of captive-bred wildlife registration to breed and trade in bontebok, cheetahs, African wild dogs, Panamanian golden frogs, red-necked gazelles, Przewalski’s horses, snow leopards, ring-tailed lemurs, black-and-white ruffed lemurs, red-collared lemurs, and African lions)
• American Museum of Natural History (to import biological samples derived from wild golden-shouldered parrots taken in Queensland, Australia for research purposes)
The U.S. Fish & Wildlife Service announced its issuance of the following Endangered Species Act permits:
• Memphis Zoo (for the import of a female captive-born Amur leopard from Twycross Zoo in the United Kingdom in order to propagate the captive supply)
• Smithsonian Institution Museum of Natural History
• Virginia Zoological Park (captive-bred wildlife registration to breed and trade in Siamese crocodiles, white-naped cranes, siamangs, Bornean orangutangs, and Malayan tapirs)
• National Aviary in Pittsburgh (for captive-bred wildlife registration to breed and trade a number of protected avian species)
• University of Oklahoma (for the import of biological samples derived from wild Central American river turtles taken in Belize for research)
• Duke University Lemur Center (amendment of an existing permit to export additional Coquerel’s sifakas to the Berlin Tierpark)
• University of Michigan Museum of Zoology (for the import of biological samples derived from wild howler monkeys taken in Tabasco, Mexico)
• Wright Family, LLC (for the killing of multiple Arabian oryx and barasinghas at the J Bar J Ranch canned hunting facility in Clarendon, Texas)
• Saint Louis Zoo (for the import of biological samples derived from Galapagos tortoises for research purposes)
• University of Texas at Austin (for the export and re-impot of museum specimens of insects/arachnids, reptiles/amphibians, fish, and other invertebrates)
• Henry Vilas Zoo (for renewal of captive-bred wildlife registration to breed and trade Bactrian camels, Afrian wild asses, Lar gibbons, ring-tailed lemurs, black-and-white ruffed lemurs, golden lion tamarins, African lions, Amur tigers, Bornean orangutans, African penguins, and southern white rhinoceroses)
• Caldwell Zoo (for issuance of captive-bred wildlife registration to breed and trade in cheetahs, generic tigers, African lions, Black rhinoceroses, Grevy’s zebras, military macaws, northern bald ibises, red-ruffed lemurs, ring-tailed lemurs, cotton-top tamarins, and African penguins)
• Point Defiance Zoo and Aquarium (for issuance of captive-bred wildlife registration to breed and trade radiated tortoises, Parma wallabies, Asian elephants, black-and-white ruffed lemurs, ring-tailed lemurs, northern white-cheeked gibbons, siamangs, clouded leopards, Sumatran tigers, Malayan tapirs, and lowland anoas)
• Binder Park Zoo (for issuance of captive-bred wildlife registration to breed and trade in bontebok, cheetahs, African wild dogs, Panamanian golden frogs, red-necked gazelles, Przewalski’s horses, snow leopards, ring-tailed lemurs, black-and-white ruffed lemurs, red-collared lemurs, and African lions)
• American Museum of Natural History (to import biological samples derived from wild golden-shouldered parrots taken in Queensland, Australia for research purposes)
NMFS Announces Receipt of Application for Permit to Research Southern Resident Killer Whales
National Marine Fisheries Service (NMFS) published notice that a representative of a group called “Wild Orca” has applied for a permit pursuant to the Marine Mammal Protection Act and the Endangered Species Act (ESA) to do research on ESA-listed Southern Resident killer whales via vessel surveys over a period of five years. NMFS is accepting public comments on the permit application through April 8, 2022.
National Marine Fisheries Service (NMFS) published notice that a representative of a group called “Wild Orca” has applied for a permit pursuant to the Marine Mammal Protection Act and the Endangered Species Act (ESA) to do research on ESA-listed Southern Resident killer whales via vessel surveys over a period of five years. NMFS is accepting public comments on the permit application through April 8, 2022.
NMFS Authorizes World’s Largest Mining Company to Harm and Harass Marine Mammals in Gulf of Mexico
The National Marine Fisheries Service has issued a Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act to BHP Billiton Petroleum, Inc. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from March 7, 2022, through September 7, 2022.
The National Marine Fisheries Service has issued a Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act to BHP Billiton Petroleum, Inc. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from March 7, 2022, through September 7, 2022.
National Marine Fisheries Service Authorizes Air Force to Harass Marine Mammals
The National Marine Fisheries Service has authorized the U.S. Department of the Air Force to incidentally harass marine mammals during two years of military readiness activities at Vandenberg Space Force Base, California. The authorizations are effective from October 1, 2023, through September 30, 2025.
The National Marine Fisheries Service has authorized the U.S. Department of the Air Force to incidentally harass marine mammals during two years of military readiness activities at Vandenberg Space Force Base, California. The authorizations are effective from October 1, 2023, through September 30, 2025.
USDA Seeks Public Input on Data Collection Relating to Animal Agriculture Imports
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that it is seeking public comments on its proposed revisions to an information collection about the import of meat, poultry, and egg products into the United States from foreign countries. FSIS is seeking public input about the necessity, accuracy, and enhancement of the information collection through May 9, 2022.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that it is seeking public comments on its proposed revisions to an information collection about the import of meat, poultry, and egg products into the United States from foreign countries. FSIS is seeking public input about the necessity, accuracy, and enhancement of the information collection through May 9, 2022.
USDA Opens Application Period for Annual Grant Program for Socially Disadvantaged Farmers and Ranchers
The U.S. Department of Agriculture’s Office of Partnerships and Public Engagement (OPE) announced the availability of funds and solicited applications for assistance through the Outreach and Assistance for Socially Disadvantaged Farmers and ranchers and Veteran Farmers and Ranchers Program. The OPE is hosting a series of webinars for prospective applicants and is accepting applications through June 8, 2022, for Fiscal Year 2022.
The U.S. Department of Agriculture’s Office of Partnerships and Public Engagement (OPE) announced the availability of funds and solicited applications for assistance through the Outreach and Assistance for Socially Disadvantaged Farmers and ranchers and Veteran Farmers and Ranchers Program. The OPE is hosting a series of webinars for prospective applicants and is accepting applications through June 8, 2022, for Fiscal Year 2022.
International Updates
United Nations Environment Assembly Passes First Animal Welfare Resolution
The United Nations Environment Assembly of the U.N. Environmental Programme (UNEA) unanimously adopted a resolution that calls on countries to protect animals in their efforts to pursue more sustainable development during its Fifth Assembly in Nairobi, Kenya. The resolution notably acknowledges that “animal welfare can contribute to addressing environmental challenges, promoting the ‘One Health’ approach and achieving the Sustainable Development Goals” and calls on countries to work together to identify those relationships. This resolution is significant as it is the first UNEA resolution concerning animal welfare.
The United Nations Environment Assembly of the U.N. Environmental Programme (UNEA) unanimously adopted a resolution that calls on countries to protect animals in their efforts to pursue more sustainable development during its Fifth Assembly in Nairobi, Kenya. The resolution notably acknowledges that “animal welfare can contribute to addressing environmental challenges, promoting the ‘One Health’ approach and achieving the Sustainable Development Goals” and calls on countries to work together to identify those relationships. This resolution is significant as it is the first UNEA resolution concerning animal welfare.