H.R. 5693, the Racehorse Health and Safety Act of 2023, would repeal the Horseracing Integrity and Safety Act of 2020. The bill also would authorize states to enter an interstate compact to develop and enforce rules related to horse racetrack safety and scientific medication control. The bill has been endorsed by the National Horsemen’s Benevolent & Protective Association, the United Trotting Association, and the North American Association of Racetrack Veterinarians, and other industry associations. It was introduced by Representative Clay Higgins and has been referred to the House Committee on Energy and Commerce.
Issue 211
This Week's Spotlights
Legislative Spotlights
Bill Would Repeal the Horseracing Integrity and Safety Act of 2020
Florida Bills Would Make Trespass on Agricultural Property a Felony
Florida S.B. 188, and its companion bill, H.B. 119, would make trespassing “with the intent to commit a crime on commercial agricultural property” that is posted with identifying signage a felony. If enacted, the legislation would take effect on July 1, 2024. S.B. 188 has not been referred to a committee yet. H.B. 119 is now in the Agriculture, Conservation & Resiliency Subcommittee.
Florida S.B. 188, and its companion bill, H.B. 119, would make trespassing “with the intent to commit a crime on commercial agricultural property” that is posted with identifying signage a felony. If enacted, the legislation would take effect on July 1, 2024. S.B. 188 has not been referred to a committee yet. H.B. 119 is now in the Agriculture, Conservation & Resiliency Subcommittee.
Texas Bills Would Prohibit Acquisition of Agricultural Land by Certain Foreign Entities
Texas S.B. 51, and its companion bill, H.B. 124, would restrict the acquisition of agricultural property by certain foreign owners or entities. If enacted, the legislation would authorize the appointment of a receiver to oversee the management and disposition of property acquired in violation of the restrictions. The bills have not yet been assigned to committees.
Texas S.B. 51, and its companion bill, H.B. 124, would restrict the acquisition of agricultural property by certain foreign owners or entities. If enacted, the legislation would authorize the appointment of a receiver to oversee the management and disposition of property acquired in violation of the restrictions. The bills have not yet been assigned to committees.
Agency Spotlights
APHIS Announces Restrictions on Poultry Imports from Certain European Countries to Mitigate Bird Flu Risks
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it is imposing restrictions on the import of poultry from France based on APHIS’s determination that France’s vaccination of commercial meat ducks against Highly Pathogenic Avian Influenza (HPAI) creates a risk of introducing HPAI into the U.S. The U.S. prohibits the import of poultry from countries that are either affected by HPAI or that are vaccinating poultry flocks against HPAI. APHIS is also restricting the import of live ducks, duck eggs, and untreated duck products from the European Poultry Trade Region (excluding Great Britain), Iceland, Switzerland, Liechtenstein, and Norway.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it is imposing restrictions on the import of poultry from France based on APHIS’s determination that France’s vaccination of commercial meat ducks against Highly Pathogenic Avian Influenza (HPAI) creates a risk of introducing HPAI into the U.S. The U.S. prohibits the import of poultry from countries that are either affected by HPAI or that are vaccinating poultry flocks against HPAI. APHIS is also restricting the import of live ducks, duck eggs, and untreated duck products from the European Poultry Trade Region (excluding Great Britain), Iceland, Switzerland, Liechtenstein, and Norway.
DOL Announces Civil Penalties for Minnesota Meat Processor that Violated Federal Child Labor Laws
Monogram Meat Snacks LLC has paid $140,164 in civil penalties for violating federal child labor laws. The U.S. Department of Labor (DOL) found that the company illegally employed at least 11 children at its Chandler, Minnesota meatpacking and food processing facility. Nine of the children operated hazardous machinery there. The company must also take steps to ensure labor law compliance in the future, including hiring a third-party auditor, and it may not ship in interstate commerce foods that were produced at the facility within 30 days of a child labor law violation. Data from DOL show that there has been an upward trend in illegal child employment in the United States since 2015.
Monogram Meat Snacks LLC has paid $140,164 in civil penalties for violating federal child labor laws. The U.S. Department of Labor (DOL) found that the company illegally employed at least 11 children at its Chandler, Minnesota meatpacking and food processing facility. Nine of the children operated hazardous machinery there. The company must also take steps to ensure labor law compliance in the future, including hiring a third-party auditor, and it may not ship in interstate commerce foods that were produced at the facility within 30 days of a child labor law violation. Data from DOL show that there has been an upward trend in illegal child employment in the United States since 2015.
FWS Announced 90-Day Findings on Potential ESA Uplisting of West Indian Manatees
The U.S. Fish & Wildlife Service (FWS) announced 90-day findings on two petitions to reclassify the West Indian manatee under the Endangered Species Act, finding that the petitions “present substantial scientific or commercial information indicating that the petitioned actions may be warranted.” One petition, submitted by the Center for Biological Diversity, Harvard Law School Animal Law & Policy Clinic, Miami Waterkeeper, Save the Manatee Club, and Frank S. González García, seeks to reclassify the West Indian manatee and the Florida and Antillean manatee subspecies from threatened to endangered. The other petition, submitted by Julio C. Colón, requests that FWS list the Puerto Rico population of the Antillean manatee as an endangered distinct population segment of the West Indian manatee. FWS will be issuing a 12-month petition finding and will accept comments and new scientific and commercial data relating to the petitioned actions from the public.
The U.S. Fish & Wildlife Service (FWS) announced 90-day findings on two petitions to reclassify the West Indian manatee under the Endangered Species Act, finding that the petitions “present substantial scientific or commercial information indicating that the petitioned actions may be warranted.” One petition, submitted by the Center for Biological Diversity, Harvard Law School Animal Law & Policy Clinic, Miami Waterkeeper, Save the Manatee Club, and Frank S. González García, seeks to reclassify the West Indian manatee and the Florida and Antillean manatee subspecies from threatened to endangered. The other petition, submitted by Julio C. Colón, requests that FWS list the Puerto Rico population of the Antillean manatee as an endangered distinct population segment of the West Indian manatee. FWS will be issuing a 12-month petition finding and will accept comments and new scientific and commercial data relating to the petitioned actions from the public.
FWS Urged to Enforce Migratory Bird Treaty Act to Protect Migrating Birds from Chicago Building
The Center for Biological Diversity (CBD) is urging the U.S. Fish & Wildlife Service (FWS) to enforce the Migratory Bird Treaty Act (MBTA) after around 1,000 migrating songbirds died at McCormick Place, a Chicago convention center. According to CBD, McCormick Place was holding an event on the evening of October 4, 2023, and was not adhering to a migration season lights-out policy that it signed onto. CBD states that the songbirds were killed as a result of the lights being on, which it says caused the migrating birds to collide with the windows of McCormick Place. The organization also notes that FWS has not yet proposed the MBTA rules that the agency published advance notice of on October 4, 2021. CBD asserts that FWS’s delay is hindering enforcement and contributed to the mass bird death event at McCormick Place.
The Center for Biological Diversity (CBD) is urging the U.S. Fish & Wildlife Service (FWS) to enforce the Migratory Bird Treaty Act (MBTA) after around 1,000 migrating songbirds died at McCormick Place, a Chicago convention center. According to CBD, McCormick Place was holding an event on the evening of October 4, 2023, and was not adhering to a migration season lights-out policy that it signed onto. CBD states that the songbirds were killed as a result of the lights being on, which it says caused the migrating birds to collide with the windows of McCormick Place. The organization also notes that FWS has not yet proposed the MBTA rules that the agency published advance notice of on October 4, 2021. CBD asserts that FWS’s delay is hindering enforcement and contributed to the mass bird death event at McCormick Place.
International Spotlights
UK Law Authorizes Ban on Sale or Advertising of Unethical Animal Tourism Experiences Abroad
The United Kingdom passed a law authorizing a ban on the sale or advertising of certain types of animal tourism experiences abroad involving captive animals who are subjected to cruel training methods, used for selfies, used for rides, drugged, or declawed. The new law, which will apply in England and Northern Ireland, will enable the government to ban the advertising and sale of covered animal experiences through secondary legislation.
The United Kingdom passed a law authorizing a ban on the sale or advertising of certain types of animal tourism experiences abroad involving captive animals who are subjected to cruel training methods, used for selfies, used for rides, drugged, or declawed. The new law, which will apply in England and Northern Ireland, will enable the government to ban the advertising and sale of covered animal experiences through secondary legislation.
Legislative Updates
Pending Federal Actions
Bill Would Impose Higher Tariffs on Shrimp Imported from India to Promote Domestic Shrimp Production
S. 2979, the India Shrimp Tariff Act, would “phas[e] in an increased duty for shrimp originating from India” to better “safeguard sustainable harvesting of shrimp in the United States and from free trade agreement partners of the United States.” The bill was introduced by Senator Bill Cassidy and has been referred to the Senate Committee on Finance.
S. 2979, the India Shrimp Tariff Act, would “phas[e] in an increased duty for shrimp originating from India” to better “safeguard sustainable harvesting of shrimp in the United States and from free trade agreement partners of the United States.” The bill was introduced by Senator Bill Cassidy and has been referred to the Senate Committee on Finance.
Bill Would Repeal the Horseracing Integrity and Safety Act of 2020
H.R. 5693, the Racehorse Health and Safety Act of 2023, would repeal the Horseracing Integrity and Safety Act of 2020. The bill also would authorize states to enter an interstate compact to develop and enforce rules related to horse racetrack safety and scientific medication control. The bill has been endorsed by the National Horsemen’s Benevolent & Protective Association, the United Trotting Association, and the North American Association of Racetrack Veterinarians, and other industry associations. It was introduced by Representative Clay Higgins and has been referred to the House Committee on Energy and Commerce.
H.R. 5693, the Racehorse Health and Safety Act of 2023, would repeal the Horseracing Integrity and Safety Act of 2020. The bill also would authorize states to enter an interstate compact to develop and enforce rules related to horse racetrack safety and scientific medication control. The bill has been endorsed by the National Horsemen’s Benevolent & Protective Association, the United Trotting Association, and the North American Association of Racetrack Veterinarians, and other industry associations. It was introduced by Representative Clay Higgins and has been referred to the House Committee on Energy and Commerce.
Pending State Actions
Florida Bill Would Designate Florida Scrub-Jay as Official State Bird
Florida S.B. 162 would designate the Florida scrub-jay, a federally protected threatened species and the only bird species endemic to the State of Florida, as the official state bird. The bill has been referred to the Environment and Natural Resources, Fiscal Policy, and Rules Committees.
Florida S.B. 162 would designate the Florida scrub-jay, a federally protected threatened species and the only bird species endemic to the State of Florida, as the official state bird. The bill has been referred to the Environment and Natural Resources, Fiscal Policy, and Rules Committees.
Florida Bills Would Make Trespass on Agricultural Property a Felony
Florida S.B. 188, and its companion bill, H.B. 119, would make trespassing “with the intent to commit a crime on commercial agricultural property” that is posted with identifying signage a felony. If enacted, the legislation would take effect on July 1, 2024. S.B. 188 has not been referred to a committee yet. H.B. 119 is now in the Agriculture, Conservation & Resiliency Subcommittee.
Florida S.B. 188, and its companion bill, H.B. 119, would make trespassing “with the intent to commit a crime on commercial agricultural property” that is posted with identifying signage a felony. If enacted, the legislation would take effect on July 1, 2024. S.B. 188 has not been referred to a committee yet. H.B. 119 is now in the Agriculture, Conservation & Resiliency Subcommittee.
Texas Bills Would Prohibit Acquisition of Agricultural Land by Certain Foreign Entities
Texas S.B. 51, and its companion bill, H.B. 124, would restrict the acquisition of agricultural property by certain foreign owners or entities. If enacted, the legislation would authorize the appointment of a receiver to oversee the management and disposition of property acquired in violation of the restrictions. The bills have not yet been assigned to committees.
Texas S.B. 51, and its companion bill, H.B. 124, would restrict the acquisition of agricultural property by certain foreign owners or entities. If enacted, the legislation would authorize the appointment of a receiver to oversee the management and disposition of property acquired in violation of the restrictions. The bills have not yet been assigned to committees.
Case Law Updates
Federal Court Updates
Settlements in Broiler Chicken Price-Fixing Case Now Total More than $284 Million
Federal Court Upholds Omission of Big Game Protections from Revised Forest Management Plan
The U.S. District Court for the District of Montana upheld the U.S. Forest Service’s (Forest Service) decision to remove a set of long-standing big game protection standards from the Helena-Lewis and Clark National Forest Plan. In granting summary judgement to the federal government, the court ruled that the Forest Service and U.S. Fish & Wildlife Service (FWS) adequately considered the standards in revising the Plan. The challenge was brought by the Helena Hunters and Anglers Association, Western Watersheds Project, Sierra Club, and WildEarth Guardians. The plaintiffs argued that the Forest Service and FWS failed to sufficiently consider how the standards removal would impact grizzly bears in violation of the Endangered Species Act and National Environmental Policy Act.
The U.S. District Court for the District of Montana upheld the U.S. Forest Service’s (Forest Service) decision to remove a set of long-standing big game protection standards from the Helena-Lewis and Clark National Forest Plan. In granting summary judgement to the federal government, the court ruled that the Forest Service and U.S. Fish & Wildlife Service (FWS) adequately considered the standards in revising the Plan. The challenge was brought by the Helena Hunters and Anglers Association, Western Watersheds Project, Sierra Club, and WildEarth Guardians. The plaintiffs argued that the Forest Service and FWS failed to sufficiently consider how the standards removal would impact grizzly bears in violation of the Endangered Species Act and National Environmental Policy Act.
Agency Updates
APHIS Announces Restrictions on Poultry Imports from Certain European Countries to Mitigate Bird Flu Risks
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it is imposing restrictions on the import of poultry from France based on APHIS’s determination that France’s vaccination of commercial meat ducks against Highly Pathogenic Avian Influenza (HPAI) creates a risk of introducing HPAI into the U.S. The U.S. prohibits the import of poultry from countries that are either affected by HPAI or that are vaccinating poultry flocks against HPAI. APHIS is also restricting the import of live ducks, duck eggs, and untreated duck products from the European Poultry Trade Region (excluding Great Britain), Iceland, Switzerland, Liechtenstein, and Norway.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it is imposing restrictions on the import of poultry from France based on APHIS’s determination that France’s vaccination of commercial meat ducks against Highly Pathogenic Avian Influenza (HPAI) creates a risk of introducing HPAI into the U.S. The U.S. prohibits the import of poultry from countries that are either affected by HPAI or that are vaccinating poultry flocks against HPAI. APHIS is also restricting the import of live ducks, duck eggs, and untreated duck products from the European Poultry Trade Region (excluding Great Britain), Iceland, Switzerland, Liechtenstein, and Norway.
FSIS Announces Public Health Alert for Kirkland Signature Ready-to-Eat Ham Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that Kirkland Signature ready-to-eat ham products may be contaminated with Listeria monocytogenes. The products were produced by California-based Sunnyvalley Smoked Meats and were shipped to retail locations in California and Nevada. FSIS does not believe that the products are still available for purchase.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that Kirkland Signature ready-to-eat ham products may be contaminated with Listeria monocytogenes. The products were produced by California-based Sunnyvalley Smoked Meats and were shipped to retail locations in California and Nevada. FSIS does not believe that the products are still available for purchase.
DOL Announces Civil Penalties for Minnesota Meat Processor that Violated Federal Child Labor Laws
Monogram Meat Snacks LLC has paid $140,164 in civil penalties for violating federal child labor laws. The U.S. Department of Labor (DOL) found that the company illegally employed at least 11 children at its Chandler, Minnesota meatpacking and food processing facility. Nine of the children operated hazardous machinery there. The company must also take steps to ensure labor law compliance in the future, including hiring a third-party auditor, and it may not ship in interstate commerce foods that were produced at the facility within 30 days of a child labor law violation. Data from DOL show that there has been an upward trend in illegal child employment in the United States since 2015.
Monogram Meat Snacks LLC has paid $140,164 in civil penalties for violating federal child labor laws. The U.S. Department of Labor (DOL) found that the company illegally employed at least 11 children at its Chandler, Minnesota meatpacking and food processing facility. Nine of the children operated hazardous machinery there. The company must also take steps to ensure labor law compliance in the future, including hiring a third-party auditor, and it may not ship in interstate commerce foods that were produced at the facility within 30 days of a child labor law violation. Data from DOL show that there has been an upward trend in illegal child employment in the United States since 2015.
FWS Announced 90-Day Findings on Potential ESA Uplisting of West Indian Manatees
The U.S. Fish & Wildlife Service (FWS) announced 90-day findings on two petitions to reclassify the West Indian manatee under the Endangered Species Act, finding that the petitions “present substantial scientific or commercial information indicating that the petitioned actions may be warranted.” One petition, submitted by the Center for Biological Diversity, Harvard Law School Animal Law & Policy Clinic, Miami Waterkeeper, Save the Manatee Club, and Frank S. González García, seeks to reclassify the West Indian manatee and the Florida and Antillean manatee subspecies from threatened to endangered. The other petition, submitted by Julio C. Colón, requests that FWS list the Puerto Rico population of the Antillean manatee as an endangered distinct population segment of the West Indian manatee. FWS will be issuing a 12-month petition finding and will accept comments and new scientific and commercial data relating to the petitioned actions from the public.
The U.S. Fish & Wildlife Service (FWS) announced 90-day findings on two petitions to reclassify the West Indian manatee under the Endangered Species Act, finding that the petitions “present substantial scientific or commercial information indicating that the petitioned actions may be warranted.” One petition, submitted by the Center for Biological Diversity, Harvard Law School Animal Law & Policy Clinic, Miami Waterkeeper, Save the Manatee Club, and Frank S. González García, seeks to reclassify the West Indian manatee and the Florida and Antillean manatee subspecies from threatened to endangered. The other petition, submitted by Julio C. Colón, requests that FWS list the Puerto Rico population of the Antillean manatee as an endangered distinct population segment of the West Indian manatee. FWS will be issuing a 12-month petition finding and will accept comments and new scientific and commercial data relating to the petitioned actions from the public.
FWS Urged to Enforce Migratory Bird Treaty Act to Protect Migrating Birds from Chicago Building
The Center for Biological Diversity (CBD) is urging the U.S. Fish & Wildlife Service (FWS) to enforce the Migratory Bird Treaty Act (MBTA) after around 1,000 migrating songbirds died at McCormick Place, a Chicago convention center. According to CBD, McCormick Place was holding an event on the evening of October 4, 2023, and was not adhering to a migration season lights-out policy that it signed onto. CBD states that the songbirds were killed as a result of the lights being on, which it says caused the migrating birds to collide with the windows of McCormick Place. The organization also notes that FWS has not yet proposed the MBTA rules that the agency published advance notice of on October 4, 2021. CBD asserts that FWS’s delay is hindering enforcement and contributed to the mass bird death event at McCormick Place.
The Center for Biological Diversity (CBD) is urging the U.S. Fish & Wildlife Service (FWS) to enforce the Migratory Bird Treaty Act (MBTA) after around 1,000 migrating songbirds died at McCormick Place, a Chicago convention center. According to CBD, McCormick Place was holding an event on the evening of October 4, 2023, and was not adhering to a migration season lights-out policy that it signed onto. CBD states that the songbirds were killed as a result of the lights being on, which it says caused the migrating birds to collide with the windows of McCormick Place. The organization also notes that FWS has not yet proposed the MBTA rules that the agency published advance notice of on October 4, 2021. CBD asserts that FWS’s delay is hindering enforcement and contributed to the mass bird death event at McCormick Place.
FDA Seeks Public Comments on Information Collection Relating to Prohibited Cattle Origin Animal Feed Materials
The Food and Drug Administration opened a public comment period on a proposed information collection relating to reporting and recordkeeping requirements for cattle origin materials that are prohibited from use in animal food or feed in order to mitigate the risk of bovine spongiform encephalopathy. The comment period is open through December 11, 2023.
The Food and Drug Administration opened a public comment period on a proposed information collection relating to reporting and recordkeeping requirements for cattle origin materials that are prohibited from use in animal food or feed in order to mitigate the risk of bovine spongiform encephalopathy. The comment period is open through December 11, 2023.
International Updates
UK Law Authorizes Ban on Sale or Advertising of Unethical Animal Tourism Experiences Abroad
The United Kingdom passed a law authorizing a ban on the sale or advertising of certain types of animal tourism experiences abroad involving captive animals who are subjected to cruel training methods, used for selfies, used for rides, drugged, or declawed. The new law, which will apply in England and Northern Ireland, will enable the government to ban the advertising and sale of covered animal experiences through secondary legislation.
The United Kingdom passed a law authorizing a ban on the sale or advertising of certain types of animal tourism experiences abroad involving captive animals who are subjected to cruel training methods, used for selfies, used for rides, drugged, or declawed. The new law, which will apply in England and Northern Ireland, will enable the government to ban the advertising and sale of covered animal experiences through secondary legislation.