Indiana House Bill 17 would amend the state’s right to farm act to provide for guidance as to when an agricultural operation is negligent and to recognize that rights of established landowners should be considered and protected. It would also remove existing language about protecting “the rights of farmers to choose among all generally accepted farming and livestock production practices.”
Issue 67
This Week's Spotlights
Legislative Updates - Pending State Actions
Indiana Considers Amending Right to Farm Act
Arkansas Considers Water Tax Exemption for Poultry Farms
Arkansas House Bill 1196 would exempt water used in the operation of a poultry farm from the state sales and use tax.
Arkansas House Bill 1196 would exempt water used in the operation of a poultry farm from the state sales and use tax.
New York Considers Legislation Providing for Treatment of Downed Animals
New York Assembly Bill 2313 would prohibit the sale or reception of a downed animal for human consumption; require that slaughterhouses, stockyards, auction market agencies, and dealers immediately remove a downed animal for humane euthanasia or veterinary care; and forbid the dragging or pushing with equipment of a downed animal. A “downed animal” is defined as “any live species of cattle, sheep, goats or swine that is unable to stand and walk unassisted”.
New York Assembly Bill 2313 would prohibit the sale or reception of a downed animal for human consumption; require that slaughterhouses, stockyards, auction market agencies, and dealers immediately remove a downed animal for humane euthanasia or veterinary care; and forbid the dragging or pushing with equipment of a downed animal. A “downed animal” is defined as “any live species of cattle, sheep, goats or swine that is unable to stand and walk unassisted”.
Tennessee Considers Making Cockfighting a Felony
Tennessee Senate Bill 168 would elevate from a Class A misdemeanor to a Class E felony the crimes of keeping a cock for the purposes of cockfighting, causing a cock to fight or injure another animal, and aiding and abetting such activities.
Tennessee Senate Bill 168 would elevate from a Class A misdemeanor to a Class E felony the crimes of keeping a cock for the purposes of cockfighting, causing a cock to fight or injure another animal, and aiding and abetting such activities.
Oklahoma Considers Protecting Animal Enterprises from Local Ordinances
Oklahoma House Bill 1620 would prohibit municipalities from enacting any law or ordinance that bans ,or effectively bans by creating undue financial hardship, the use of “working” animals.
Oklahoma House Bill 1620 would prohibit municipalities from enacting any law or ordinance that bans ,or effectively bans by creating undue financial hardship, the use of “working” animals.
New Mexico Considers Ban on Wildlife Trapping, Snaring, Poisoning on Public Land
New Mexico Senate Bill 32 would prohibit the trapping, snaring, and poisoning of wildlife on public lands.
New Mexico Senate Bill 32 would prohibit the trapping, snaring, and poisoning of wildlife on public lands.
Hawaii Considers Fur Ban
Hawaii House Bill 32 would prohibit the manufacture for sale, sale, trade, or distribution of new fur products.
Hawaii House Bill 32 would prohibit the manufacture for sale, sale, trade, or distribution of new fur products.
Hawaii Considers Bill to Prevent Anti-Competitive Practices in Meatpacking
Hawaii Senate Bill 692 would establish a number of reporting requirements and safeguards to prevent anti-competitive practices in the meat processing industry, including requiring that lessees and operators of state-owned meat processing facilities limit slaughter and processing to 50% of their own meat products and annually report their efforts to ensure facility operation is in the best interest of the state and its food security, sustainability, and safety goals; prohibit lessees and operators of state-owned meat processing facilities from making or giving unreasonable or undue preference or advantage to any person or locality; and forbidding lessees and operators of state-owned meat processing facilities from holding more than 70% of meat packing capacity statewide.
Hawaii Senate Bill 692 would establish a number of reporting requirements and safeguards to prevent anti-competitive practices in the meat processing industry, including requiring that lessees and operators of state-owned meat processing facilities limit slaughter and processing to 50% of their own meat products and annually report their efforts to ensure facility operation is in the best interest of the state and its food security, sustainability, and safety goals; prohibit lessees and operators of state-owned meat processing facilities from making or giving unreasonable or undue preference or advantage to any person or locality; and forbidding lessees and operators of state-owned meat processing facilities from holding more than 70% of meat packing capacity statewide.
Hawaii Considers Banning Confinement of Egg Laying Hens
Hawaii House Bill 538 and Senate Bill 346 would prohibit the knowing confinement of egg-laying hens in a “cruel manner” or the sale of shell eggs or egg products produced by hens confined in a “cruel manner” beginning December 31, 2025. The bill defines “confined in a cruel manner” as the “confinement of an egg-lying hen in an enclosure other than a cage-free housing system with less than one square foot of usable floor space per hen in multi-tiered aviaries . . . or any other cage-free system that provides hens with unfettered access to vertical space; or one and a half square feet of usable floor space per hen” in any cage-free system that does not provide hens with unfettered access to vertical space.
Hawaii House Bill 538 and Senate Bill 346 would prohibit the knowing confinement of egg-laying hens in a “cruel manner” or the sale of shell eggs or egg products produced by hens confined in a “cruel manner” beginning December 31, 2025. The bill defines “confined in a cruel manner” as the “confinement of an egg-lying hen in an enclosure other than a cage-free housing system with less than one square foot of usable floor space per hen in multi-tiered aviaries . . . or any other cage-free system that provides hens with unfettered access to vertical space; or one and a half square feet of usable floor space per hen” in any cage-free system that does not provide hens with unfettered access to vertical space.
Rhode Island Considers Restrictions on Canned Hunting
Rhode Island House Bill 5058 would prohibit the import of any wild animal that is not native to the state for purposes of canned hunting and the use of any “genetically altered or cloned” animal in canned hunting.
Rhode Island House Bill 5058 would prohibit the import of any wild animal that is not native to the state for purposes of canned hunting and the use of any “genetically altered or cloned” animal in canned hunting.
Hawaii Considers Ban on Collecting Aquatic Life for Aquarium Purposes
Hawaii Senate Bill 344 would prohibit the harvesting of aquatic life for commercial aquarium purposes.
Hawaii Senate Bill 344 would prohibit the harvesting of aquatic life for commercial aquarium purposes.
Hawaii Considers Ban on Cosmetics Developed Using Animal Testing
Hawaii Senate Bill 345 would prohibit the import or sale of any cosmetic product for which an animal test was conducted or contracted on or after January 1, 2022.
Hawaii Senate Bill 345 would prohibit the import or sale of any cosmetic product for which an animal test was conducted or contracted on or after January 1, 2022.
Oregon Considers Ban on Use of Certain Animals in Traveling Entertainment
Oregon House Bill 3008 would prohibit the use of members of the family Canidae, order Crocodylia, subclass Elasmobranchii, family Elephantidae, family Felidae, family Hyaenidae, nonhuman primates, and other animals in a traveling animal act.
Oregon House Bill 3008 would prohibit the use of members of the family Canidae, order Crocodylia, subclass Elasmobranchii, family Elephantidae, family Felidae, family Hyaenidae, nonhuman primates, and other animals in a traveling animal act.
Case Law Updates - Federal Case Law Updates
States and Groups Challenge Migratory Bird Policy
A coalition of states and a coalition of groups both have filed suit challenging the Fish and Wildlife Service’s new rule interpreting the Migratory Bird Treaty Act to apply only to intentional killing of birds.
A coalition of states and a coalition of groups both have filed suit challenging the Fish and Wildlife Service’s new rule interpreting the Migratory Bird Treaty Act to apply only to intentional killing of birds.
Legislative Updates
Pending State Actions
Massachusetts Considers Banning Animal Ownership by Animal Abuse Offenders
Massachusetts House Bill 216 and House Bill 282 would prohibit pet stores, pet dealers, and animal shelters from knowingly transferring possession of an animal to a person convicted of an animal abuse crime.
Massachusetts House Bill 216 and House Bill 282 would prohibit pet stores, pet dealers, and animal shelters from knowingly transferring possession of an animal to a person convicted of an animal abuse crime.
Indiana Bill Would Govern Return of Lost Dogs and Cats
Indiana House Bill 1268 would require animal care facilities to establish policies and procedures governing the return of lost or stray dogs and cats to the animals’ guardians.
Indiana House Bill 1268 would require animal care facilities to establish policies and procedures governing the return of lost or stray dogs and cats to the animals’ guardians.
Illinois Legislation would Authorize EMS to Provide Care for Animals
Illinois House Bill 17 proposes to allow emergency medical personnel to provide emergency veterinary care to a dog or cat under specified circumstances.
Illinois House Bill 17 proposes to allow emergency medical personnel to provide emergency veterinary care to a dog or cat under specified circumstances.
New York Considers Making Failure to Provide Food, Water, Shelter to Cats and Dogs Felony
New York Assembly Bill 2347 would make the failure to provide food, water, or appropriate shelter to cats or dogs left outside a felony.
New York Assembly Bill 2347 would make the failure to provide food, water, or appropriate shelter to cats or dogs left outside a felony.
Indiana Considers Amending Right to Farm Act
Indiana House Bill 17 would amend the state’s right to farm act to provide for guidance as to when an agricultural operation is negligent and to recognize that rights of established landowners should be considered and protected. It would also remove existing language about protecting “the rights of farmers to choose among all generally accepted farming and livestock production practices.”
Indiana House Bill 17 would amend the state’s right to farm act to provide for guidance as to when an agricultural operation is negligent and to recognize that rights of established landowners should be considered and protected. It would also remove existing language about protecting “the rights of farmers to choose among all generally accepted farming and livestock production practices.”
New York Considers Prohibiting Certain Live Animal Imports and Establishing Live Animal Market Standards
New York Assembly Bill 2054 would prohibit the importation of certain live animals into the state, including all bat, primate, and rodent species. The bill would also establish standards for the operation of live animal markets, including prohibitions on dismembering live animals and holding or transporting wildlife species with domestic animals.
New York Assembly Bill 2054 would prohibit the importation of certain live animals into the state, including all bat, primate, and rodent species. The bill would also establish standards for the operation of live animal markets, including prohibitions on dismembering live animals and holding or transporting wildlife species with domestic animals.
New York Considers Banning Circuses in Violation of AWA for up to Two Years
New York Assembly Bill 2097 would require that the attorney general make an application to enjoin the performance of any circus in the state found to be in violation of the federal Animal Welfare Act or guilty of violating the law of any state with regard to animal neglect or cruelty within the previous two years.
New York Assembly Bill 2097 would require that the attorney general make an application to enjoin the performance of any circus in the state found to be in violation of the federal Animal Welfare Act or guilty of violating the law of any state with regard to animal neglect or cruelty within the previous two years.
New York Considers Expanding Humane Education Requirements
New York Assembly Bill 2082 would expand the requirements for humane education in secondary schools to include “educating students on the principles of kindness to and respect for animals and observance of laws and rules pertaining to the humane treatment of animals.”
New York Assembly Bill 2082 would expand the requirements for humane education in secondary schools to include “educating students on the principles of kindness to and respect for animals and observance of laws and rules pertaining to the humane treatment of animals.”
New York Considers Prohibiting Monetary Gain from Sale of Abused Farmed Animals
New York Assembly Bill 2139 would prohibit a person convicted of animal abuse against a farmed animal (or “any person dwelling in the same household who conspired, aided or abetted in the unlawful act … or who knew or should have known of the unlawful act”) from profiting from the sale of that animal.
New York Assembly Bill 2139 would prohibit a person convicted of animal abuse against a farmed animal (or “any person dwelling in the same household who conspired, aided or abetted in the unlawful act … or who knew or should have known of the unlawful act”) from profiting from the sale of that animal.
New York Legislation Would Prohibit Limiting Animal Insurance Coverage for Pre-Existing Conditions
New York Senate Bill 1678 would prohibit insurers offering companion animal insurance from denying or limiting coverage for pre-existing conditions.
New York Senate Bill 1678 would prohibit insurers offering companion animal insurance from denying or limiting coverage for pre-existing conditions.
New York Considers Prohibiting Dealers from Selling Animals from Commercial Breeders
New York Assembly Bill 2024 would prohibit pet dealers from transferring or disposing of any animal unless the animal was obtained from an animal shelter or rescue organization.
New York Assembly Bill 2024 would prohibit pet dealers from transferring or disposing of any animal unless the animal was obtained from an animal shelter or rescue organization.
Arkansas Considers Water Tax Exemption for Poultry Farms
Arkansas House Bill 1196 would exempt water used in the operation of a poultry farm from the state sales and use tax.
Arkansas House Bill 1196 would exempt water used in the operation of a poultry farm from the state sales and use tax.
New York Considers Tax Credit for Veterinary Care
New York Senate Bill 1734 would allow taxpayers to claim a state income-tax credit of 50% of qualified veterinary expenses for cats and dogs (up to $2000 per year).
New York Senate Bill 1734 would allow taxpayers to claim a state income-tax credit of 50% of qualified veterinary expenses for cats and dogs (up to $2000 per year).
New York Considers Legislation Providing for Treatment of Downed Animals
New York Assembly Bill 2313 would prohibit the sale or reception of a downed animal for human consumption; require that slaughterhouses, stockyards, auction market agencies, and dealers immediately remove a downed animal for humane euthanasia or veterinary care; and forbid the dragging or pushing with equipment of a downed animal. A “downed animal” is defined as “any live species of cattle, sheep, goats or swine that is unable to stand and walk unassisted”
New York Assembly Bill 2313 would prohibit the sale or reception of a downed animal for human consumption; require that slaughterhouses, stockyards, auction market agencies, and dealers immediately remove a downed animal for humane euthanasia or veterinary care; and forbid the dragging or pushing with equipment of a downed animal. A “downed animal” is defined as “any live species of cattle, sheep, goats or swine that is unable to stand and walk unassisted”
New York Considers Mandatory Reporting of Abandoned Animals
New York Assembly Bill 2129 would require certain individuals to notify an animal control officer or other appropriate authority within six hours of encountering an animal that appears to be abandoned on property that has been vacated due to eviction, foreclosure, forfeiture, default, or abandonment.
New York Assembly Bill 2129 would require certain individuals to notify an animal control officer or other appropriate authority within six hours of encountering an animal that appears to be abandoned on property that has been vacated due to eviction, foreclosure, forfeiture, default, or abandonment.
New York Considers Regulating Confinement of Pregnant Pigs and Calves Used for Veal
New York Assembly Bill 2122 would prohibit the confinement of a calf used for veal or a pregnant pig in a manner that prevents them from lying down, standing up, freely extending their limbs, or turning around for the majority of the day.
New York Assembly Bill 2122 would prohibit the confinement of a calf used for veal or a pregnant pig in a manner that prevents them from lying down, standing up, freely extending their limbs, or turning around for the majority of the day.
Iowa Considers Prohibiting Breed Specific Legislation
Iowa House Bill 59 would prohibit any locality from banning the ownership of a particular breed of dog.
Iowa House Bill 59 would prohibit any locality from banning the ownership of a particular breed of dog.
Minnesota Considers Establishing Companion Animal Board
Minnesota Senate Bill 73 and House Bill 208 would create the Minnesota Companion Animal Board and grant the board primary authority for regulating companion animals in the state.
Minnesota Senate Bill 73 and House Bill 208 would create the Minnesota Companion Animal Board and grant the board primary authority for regulating companion animals in the state.
Mississippi Considers Dangerous Dog Act
Mississippi House Bill 204 would define the term “dangerous dog,” create the crime of failing to control a dangerous dog, and establish penalties for such a violation.
Mississippi House Bill 204 would define the term “dangerous dog,” create the crime of failing to control a dangerous dog, and establish penalties for such a violation.
Tennessee Considers Change to Crime of Aggravated Cruelty to Animals
Tennessee Senate Bill 166 would define the crime of aggravated cruelty to animals as when a person “with no justifiable purpose . . . intentionally or knowingly kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury to a companion animal.” The offense is currently defined as when a person “with aggravated cruelty and with no justifiable purpose . . .intentionally kills or intentionally causes serious physical injury to a companion animal.”
Tennessee Senate Bill 166 would define the crime of aggravated cruelty to animals as when a person “with no justifiable purpose . . . intentionally or knowingly kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury to a companion animal.” The offense is currently defined as when a person “with aggravated cruelty and with no justifiable purpose . . .intentionally kills or intentionally causes serious physical injury to a companion animal.”
Tennessee Considers Making Cockfighting a Felony
Tennessee Senate Bill 168 would elevate from a Class A misdemeanor to a Class E felony the crimes of keeping a cock for the purposes of cockfighting, causing a cock to fight or injure another animal, and aiding and abetting such activities.
Tennessee Senate Bill 168 would elevate from a Class A misdemeanor to a Class E felony the crimes of keeping a cock for the purposes of cockfighting, causing a cock to fight or injure another animal, and aiding and abetting such activities.
Maryland Considers Requiring Poultry Litter Processing for Alternative Use
Maryland House Bill 455 would require poultry litter to be processed for alternative “environmentally acceptable” use.
Maryland House Bill 455 would require poultry litter to be processed for alternative “environmentally acceptable” use.
Mississippi Legislation Would Authorize Shooting Bears on Private Property
Mississippi Senate Bill 2484 would authorize landowners to shoot and kill bears when the animals are on the landowners’ property.
Mississippi Senate Bill 2484 would authorize landowners to shoot and kill bears when the animals are on the landowners’ property.
Mississippi Considers Protecting Local Agricultural Operations
Mississippi House Bill 588 would prohibit any locality from regulating “animal husbandry practices” or direct to consumer sales of agricultural products and from requiring permits for the non-commercial raising of chickens, rabbits, or goats used for milk.
Mississippi House Bill 588 would prohibit any locality from regulating “animal husbandry practices” or direct to consumer sales of agricultural products and from requiring permits for the non-commercial raising of chickens, rabbits, or goats used for milk.
Mississippi Considers Evaluation of Wildlife Corridors
Mississippi Senate Bill 2391 would require the Department of Wildlife, Fisheries and Parks to identify existing and needed wildlife corridors and make recommendations regarding necessary changes to regulations that impact wildlife corridors.
Mississippi Senate Bill 2391 would require the Department of Wildlife, Fisheries and Parks to identify existing and needed wildlife corridors and make recommendations regarding necessary changes to regulations that impact wildlife corridors.
Oklahoma Legislation Would Establish Big Foot Hunting Season
Oklahoma House Bill 1648 would establish an annual big foot hunting season.
Oklahoma House Bill 1648 would establish an annual big foot hunting season.
Oklahoma Considers Protecting Animal Enterprises from Local Ordinances
Oklahoma House Bill 1620 would prohibit municipalities from enacting any law or ordinance that bans ,or effectively bans by creating undue financial hardship, the use of “working” animals.
Oklahoma House Bill 1620 would prohibit municipalities from enacting any law or ordinance that bans ,or effectively bans by creating undue financial hardship, the use of “working” animals.
Oklahoma Considers Standards for Sale of Cats and Dogs
Oklahoma House Bill 1581 would prohibit pet stores from displaying or offering for sale a cat or dog unless the animal was obtained from an animal rescue, an animal shelter, a qualified breeder, or a wholesaler who obtained the animal from a qualified breeder. “Qualified breeder” is defined as a noncommercial breeder, a licensed commercial breeder located in the state, or an out-of-state high-volume registered breeder.
Oklahoma House Bill 1581 would prohibit pet stores from displaying or offering for sale a cat or dog unless the animal was obtained from an animal rescue, an animal shelter, a qualified breeder, or a wholesaler who obtained the animal from a qualified breeder. “Qualified breeder” is defined as a noncommercial breeder, a licensed commercial breeder located in the state, or an out-of-state high-volume registered breeder.
Oklahoma Considers Restrictions on Dog Tethering
Oklahoma House Bill 1580 would prohibit tethering a dog outdoors for longer than five hours in a 24 hour period unless the tethering is for no longer than 15 minutes and the dog is not left unattended. It would also prohibit tethering dogs under six months for any period of time and leaving any dog outside when a weather advisory is in effect. The bill also prescribes appropriate methods to confine dogs.
Oklahoma House Bill 1580 would prohibit tethering a dog outdoors for longer than five hours in a 24 hour period unless the tethering is for no longer than 15 minutes and the dog is not left unattended. It would also prohibit tethering dogs under six months for any period of time and leaving any dog outside when a weather advisory is in effect. The bill also prescribes appropriate methods to confine dogs.
New York Considers Licensing Requirements for Companion Animal Dealers
New York Assembly Bill 2601 would require that cat and dog breeders obtain a license, maintain certain records for each animal acquired or sold, and have their facilities and records inspected at least every six months. The bill would also require breeders to comply with housing, sanitation, feeding and watering, and handling standards of care for dogs and cats in their possession.
New York Assembly Bill 2601 would require that cat and dog breeders obtain a license, maintain certain records for each animal acquired or sold, and have their facilities and records inspected at least every six months. The bill would also require breeders to comply with housing, sanitation, feeding and watering, and handling standards of care for dogs and cats in their possession.
New Mexico Considers Ban on Wildlife Trapping, Snaring, Poisoning on Public Land
New Mexico Senate Bill 32 would prohibit the trapping, snaring, and poisoning of wildlife on public lands.
New Mexico Senate Bill 32 would prohibit the trapping, snaring, and poisoning of wildlife on public lands.
New York Considers Tax Check-Off Box for Gifts to Horse Retirement and Rescue Fund
New York Senate Bill 2095 would provide for a tax check-off box on tax returns for gifts to the New York state horse retirement and rescue fund and require the Commissioner of Agriculture and Markets to compile a list of approved horse retirement and rescue programs.
New York Senate Bill 2095 would provide for a tax check-off box on tax returns for gifts to the New York state horse retirement and rescue fund and require the Commissioner of Agriculture and Markets to compile a list of approved horse retirement and rescue programs.
Illinois Legislation Would Allow Courts to Ban Animal Custody for Repeat Cruelty Offenders
Illinois House Bill 168 would allow courts to prohibit a person convicted of two or more offenses of aggravated cruelty, violation of animals for entertainment, or dog fighting from having custody of any other animal.
Illinois House Bill 168 would allow courts to prohibit a person convicted of two or more offenses of aggravated cruelty, violation of animals for entertainment, or dog fighting from having custody of any other animal.
New York Considers Requiring Health Disclosure by Companion Animal Breeders and Shops
New York Senate Bill 2273 would require dealers to provide purchasers with a copy of records regarding the animal’s source and contact information, family history, and known genetic or congenital defects.
New York Senate Bill 2273 would require dealers to provide purchasers with a copy of records regarding the animal’s source and contact information, family history, and known genetic or congenital defects.
New York Considers Increased Standards of Care for Dogs Taken into Animal Shelters
New York Senate Bill 2258 would mandate that any dog taken into an animal shelter be promptly inspected and provided with treatment to relieve any pain and suffering, including vaccinations, veterinary care, and parasite control. The bill would also require that potable water always be available to dogs in the care of animal shelters.
New York Senate Bill 2258 would mandate that any dog taken into an animal shelter be promptly inspected and provided with treatment to relieve any pain and suffering, including vaccinations, veterinary care, and parasite control. The bill would also require that potable water always be available to dogs in the care of animal shelters.
Oklahoma Considers Loosening Standard for Killing of Furbearers Posing Threat to Licestock
Oklahoma House Bill 1693 would loosen the standard for when one may kill a furbearing animal from when the animal is “actually destroying” livestock to “presenting a threat to” livestock.
Oklahoma House Bill 1693 would loosen the standard for when one may kill a furbearing animal from when the animal is “actually destroying” livestock to “presenting a threat to” livestock.
Hawaii Considers Fur Ban
Hawaii House Bill 32 would prohibit the manufacture for sale, sale, trade, or distribution of new fur products.
Hawaii House Bill 32 would prohibit the manufacture for sale, sale, trade, or distribution of new fur products.
Massachusetts Considers Additional Breeder Licensing Requirements
Massachusetts House Bill 381 would require commercial animal breeders to obtain a license from the town in which they are located, to have each dog kept in their care wear a tag identifying their breeder license number, and ensure that each dog is licensed by the purchaser within two weeks.
Massachusetts House Bill 381 would require commercial animal breeders to obtain a license from the town in which they are located, to have each dog kept in their care wear a tag identifying their breeder license number, and ensure that each dog is licensed by the purchaser within two weeks.
Massachusetts Considers Increasing Fines for Cruelty to Animals
Massachusetts House Bill 387 would increase the maximum fines for cruelty to animals and establish that they money collected from such fines be used to fund improvements for municipal animal shelters.
Massachusetts House Bill 387 would increase the maximum fines for cruelty to animals and establish that they money collected from such fines be used to fund improvements for municipal animal shelters.
Hawaii Considers Prohibiting Keeping Animals in Hot Cars and Authorizing Bystander Rescue
Hawaii Senate Bill 51 would prohibit containing a companion animal in an unattended vehicle in a manner that “could reasonably be expected to threaten the[ir] health and well-being” and authorizes individuals to enter the unattended vehicle under certain circumstances for the purpose of assisting the animal.
Hawaii Senate Bill 51 would prohibit containing a companion animal in an unattended vehicle in a manner that “could reasonably be expected to threaten the[ir] health and well-being” and authorizes individuals to enter the unattended vehicle under certain circumstances for the purpose of assisting the animal.
Rhode Island Considers Establishing Animal Abuse Registry
Rhode Island House Bill 5040 would establish an online animal abuse registry and prohibit the transfer of any animal to an individual listed on the registry.
Rhode Island House Bill 5040 would establish an online animal abuse registry and prohibit the transfer of any animal to an individual listed on the registry.
Oklahoma Considers Repealing Breeder and Shelter Annual Report Requirement
Oklahoma House Bill 2688 would repeal the annual report requirement under the Commercial Pet Breeder and Animal Shelter Licensing Act.
Oklahoma House Bill 2688 would repeal the annual report requirement under the Commercial Pet Breeder and Animal Shelter Licensing Act.
Oklahoma Considers Immunity for Animal Rescues from Hot Cars
Oklahoma House Bill 2385 would provide civil immunity for law enforcement officers who remove an animal from an unattended motor vehicle using forced entry.
Oklahoma House Bill 2385 would provide civil immunity for law enforcement officers who remove an animal from an unattended motor vehicle using forced entry.
Oklahoma Considers Allowing Medical Marijuana Use for Animals
Oklahoma House Bill 2179 would direct the State Board of Veterinary Medical Examiners to adopt guidelines for veterinarians to follow when recommending medical marijuana products and authorizes veterinarians to discuss and recommend such products under certain circumstances.
Oklahoma House Bill 2179 would direct the State Board of Veterinary Medical Examiners to adopt guidelines for veterinarians to follow when recommending medical marijuana products and authorizes veterinarians to discuss and recommend such products under certain circumstances.
Hawaii Legislation Would Require Warnings on Products Made from Genetically Modified Animals
Hawaii Senate Bill 708 would require a biotechnology company that sells a genetically modified animal that the company knows or has reason to believe will be used to produce an agricultural commodity to provide written disclosure of possible legal and environmental risks the use of such an organism may pose.
Hawaii Senate Bill 708 would require a biotechnology company that sells a genetically modified animal that the company knows or has reason to believe will be used to produce an agricultural commodity to provide written disclosure of possible legal and environmental risks the use of such an organism may pose.
Hawaii Considers Granting Civil Immunity to Veterinarians in Emergencies
Hawaii Senate Bill 609 would grant civil immunity to veterinarians who provide emergency care to an animal or render emergency treatment when there is no veterinarian-client-patient relationship in the absence of gross negligence. The bill would also require veterinarians to report animal injury or death to law enforcement when there is reasonable cause to believe that it relates to animal abuse or dog fighting.
Hawaii Senate Bill 609 would grant civil immunity to veterinarians who provide emergency care to an animal or render emergency treatment when there is no veterinarian-client-patient relationship in the absence of gross negligence. The bill would also require veterinarians to report animal injury or death to law enforcement when there is reasonable cause to believe that it relates to animal abuse or dog fighting.
Hawaii Considers Bill to Prevent Anti-Competitive Practices in Meatpacking
Hawaii Senate Bill 692 would establish a number of reporting requirements and safeguards to prevent anti-competitive practices in the meat processing industry, including requiring that lessees and operators of state-owned meat processing facilities limit slaughter and processing to 50% of their own meat products and annually report their efforts to ensure facility operation is in the best interest of the state and its food security, sustainability, and safety goals; prohibit lessees and operators of state-owned meat processing facilities from making or giving unreasonable or undue preference or advantage to any person or locality; and forbidding lessees and operators of state-owned meat processing facilities from holding more than 70% of meat packing capacity statewide.
Hawaii Senate Bill 692 would establish a number of reporting requirements and safeguards to prevent anti-competitive practices in the meat processing industry, including requiring that lessees and operators of state-owned meat processing facilities limit slaughter and processing to 50% of their own meat products and annually report their efforts to ensure facility operation is in the best interest of the state and its food security, sustainability, and safety goals; prohibit lessees and operators of state-owned meat processing facilities from making or giving unreasonable or undue preference or advantage to any person or locality; and forbidding lessees and operators of state-owned meat processing facilities from holding more than 70% of meat packing capacity statewide.
Hawaii Considers Banning Confinement of Egg Laying Hens
Hawaii House Bill 538 and Senate Bill 346 would prohibit the knowing confinement of egg-laying hens in a “cruel manner” or the sale of shell eggs or egg products produced by hens confined in a “cruel manner” beginning December 31, 2025. The bill defines “confined in a cruel manner” as the “confinement of an egg-lying hen in an enclosure other than a cage-free housing system with less than one square foot of usable floor space per hen in multi-tiered aviaries . . . or any other cage-free system that provides hens with unfettered access to vertical space; or one and a half square feet of usable floor space per hen” in any cage-free system that does not provide hens with unfettered access to vertical space.
Hawaii House Bill 538 and Senate Bill 346 would prohibit the knowing confinement of egg-laying hens in a “cruel manner” or the sale of shell eggs or egg products produced by hens confined in a “cruel manner” beginning December 31, 2025. The bill defines “confined in a cruel manner” as the “confinement of an egg-lying hen in an enclosure other than a cage-free housing system with less than one square foot of usable floor space per hen in multi-tiered aviaries . . . or any other cage-free system that provides hens with unfettered access to vertical space; or one and a half square feet of usable floor space per hen” in any cage-free system that does not provide hens with unfettered access to vertical space.
Hawaii Legislation Would Require Stand-By Wildlife Veterinarian and Rehabilitation Care
Hawaii Senate Bill 573 would require all habitat conservation plans to include an agreement for plan participants to enter into an annual service contract with a stand-by and response facility able to provide emergency medical and rehabilitation services to native wildlife affected by activities undertaken within the plan area.
Hawaii Senate Bill 573 would require all habitat conservation plans to include an agreement for plan participants to enter into an annual service contract with a stand-by and response facility able to provide emergency medical and rehabilitation services to native wildlife affected by activities undertaken within the plan area.
Maryland Considers Definitions of Therapy Animals
Maryland House Bill 660 would provide definitions for the terms “service dog,” “support dog,” and “therapy horse.”
Maryland House Bill 660 would provide definitions for the terms “service dog,” “support dog,” and “therapy horse.”
Hawaii Considers Ban on Import of Shark Products
Hawaii House Bill 412 would prohibit the importation of any shark product and products containing shark parts.
Hawaii House Bill 412 would prohibit the importation of any shark product and products containing shark parts.
Hawaii Legislation Would Restrict Dog Tethering
Hawaii Senate Bill 545 would impose limitations on the tethering of dogs, including a prohibition on running lines designed to attach a dog to two stationary objects in a configuration that endangers a dog, including by depriving the dog of access to food or water, and tow or log chains. The bill would also prohibit tethering or restraining a dog under the age of six months or tethering a dog with a choke collar, pinch collar, or prong collar unless the dog is supervised.
Hawaii Senate Bill 545 would impose limitations on the tethering of dogs, including a prohibition on running lines designed to attach a dog to two stationary objects in a configuration that endangers a dog, including by depriving the dog of access to food or water, and tow or log chains. The bill would also prohibit tethering or restraining a dog under the age of six months or tethering a dog with a choke collar, pinch collar, or prong collar unless the dog is supervised.
Hawaii Considers Change to Standard for Dog Bite Lawsuits
Hawaii House Bill 382 would remove the requirement that a dog bite victim prove the dog has bitten on two separate occasions in order to bring legal action against a dog’s owner.
Hawaii House Bill 382 would remove the requirement that a dog bite victim prove the dog has bitten on two separate occasions in order to bring legal action against a dog’s owner.
Hawaii Considers Measures to Protect Feral Cats and Mongooses
Hawaii House Bill 409 would require the Department of Health to contract with a nonprofit animal rescue group to oversee caretakers of feral cats and mongooses, exempt registered caretakers of feral cats and mongooses from state laws and county ordinances relating to the feeding and confinement of cats and mongooses, and establish a trap-sterilize-return process for feral cats and mongooses.
Hawaii House Bill 409 would require the Department of Health to contract with a nonprofit animal rescue group to oversee caretakers of feral cats and mongooses, exempt registered caretakers of feral cats and mongooses from state laws and county ordinances relating to the feeding and confinement of cats and mongooses, and establish a trap-sterilize-return process for feral cats and mongooses.
New York Considers Animal Adoption Tax Credit
New York Assembly Bill 3264 would provide a tax credit of up to $125 for the adoption of a dog, cat, or other domesticated animal.
New York Assembly Bill 3264 would provide a tax credit of up to $125 for the adoption of a dog, cat, or other domesticated animal.
New York Considers Changing Standard for Aggravated Cruelty to Animals
New York Senate Bill 2673 would remove the requirement that an individual “intended to cause extreme physical pain” or acted “in an especially depraved or sadistic manner” to be guilty of aggravated cruelty to animals.
New York Senate Bill 2673 would remove the requirement that an individual “intended to cause extreme physical pain” or acted “in an especially depraved or sadistic manner” to be guilty of aggravated cruelty to animals.
New York Considers Restrictions on Animal Shelter Employees
New York Senate Bill 2636 would prohibit any person who has been convicted of animal cruelty from working or volunteering at an animal shelter
New York Senate Bill 2636 would prohibit any person who has been convicted of animal cruelty from working or volunteering at an animal shelter
Rhode Island Considers Restrictions on Canned Hunting
Rhode Island House Bill 5058 would prohibit the import of any wild animal that is not native to the state for purposes of canned hunting and the use of any “genetically altered or cloned” animal in canned hunting.
Rhode Island House Bill 5058 would prohibit the import of any wild animal that is not native to the state for purposes of canned hunting and the use of any “genetically altered or cloned” animal in canned hunting.
New York Considers Requiring Weather Alerts for Companion Animals
New York Assembly Bill 3066 would require the Department of Agriculture and Markets to issue code red and code blue alerts for companion animals during extreme weather and require animal caregivers to bring companion animals indoors during such alerts.
New York Assembly Bill 3066 would require the Department of Agriculture and Markets to issue code red and code blue alerts for companion animals during extreme weather and require animal caregivers to bring companion animals indoors during such alerts.
Hawaii Legislation Would Establish Crime of Bestiality
Hawaii Senate Bill 343 would establish the felony offense of bestiality and prescribe consequences for such an offense.
Hawaii Senate Bill 343 would establish the felony offense of bestiality and prescribe consequences for such an offense.
Hawaii Considers Ban on Collecting Aquatic Life for Aquarium Purposes
Hawaii Senate Bill 344 would prohibit the harvesting of aquatic life for commercial aquarium purposes.
Hawaii Senate Bill 344 would prohibit the harvesting of aquatic life for commercial aquarium purposes.
Hawaii Considers Ban on Cosmetics Developed Using Animal Testing
Hawaii Senate Bill 345 would prohibit the import or sale of any cosmetic product for which an animal test was conducted or contracted on or after January 1, 2022.
Hawaii Senate Bill 345 would prohibit the import or sale of any cosmetic product for which an animal test was conducted or contracted on or after January 1, 2022.
Montana Considers Allowing Wolf Trapping, Snaring
Montana House Bill 225 would authorize a wolf trapping season from November to March, and Montana House Bill 224 would require that wolf trapping seasons allow the use of snares.
Montana House Bill 225 would authorize a wolf trapping season from November to March, and Montana House Bill 224 would require that wolf trapping seasons allow the use of snares.
Oregon Considers Ban on Use of Certain Animals in Traveling Entertainment
Oregon House Bill 3008 would prohibit the use of members of the family Canidae, order Crocodylia, subclass Elasmobranchii, family Elephantidae, family Felidae, family Hyaenidae, nonhuman primates, and other animals in a traveling animal act.
Oregon House Bill 3008 would prohibit the use of members of the family Canidae, order Crocodylia, subclass Elasmobranchii, family Elephantidae, family Felidae, family Hyaenidae, nonhuman primates, and other animals in a traveling animal act.
Minnesota Legislation Would Require Consideration of Climate Change in Invasive Species Management
Minnesota House Bill 228 would require that statewide invasive species management plans address the impacts of climate change on invasive species.
Minnesota House Bill 228 would require that statewide invasive species management plans address the impacts of climate change on invasive species.
Case Law Updates
Federal Case Law Updates
Dog Food Company Sued over Contamination Linked to Deaths
Midwestern Pet Foods is facing a proposed class action alleging the company knew or should have known that its products were contaminated with a mold-based toxin. At least eighty companion animals have become ill after eating the food and at least seventy have died.
Midwestern Pet Foods is facing a proposed class action alleging the company knew or should have known that its products were contaminated with a mold-based toxin. At least eighty companion animals have become ill after eating the food and at least seventy have died.
States and Groups Challenge Migratory Bird Policy
A coalition of states and a coalition of groups both have filed suit challenging the Fish and Wildlife Service’s new rule interpreting the Migratory Bird Treaty Act to apply only to intentional killing of birds.
A coalition of states and a coalition of groups both have filed suit challenging the Fish and Wildlife Service’s new rule interpreting the Migratory Bird Treaty Act to apply only to intentional killing of birds.
Jeffrey Lowe Must Surrender Big Cat Cubs to Reputable Facilities
An Oklahoma federal judge has granted a preliminary injunction and temporary restraining order against Jeffrey Lowe and Greater Wynnewood Exotic Animal Park, requiring that defendants immediately cease exhibiting animals protected by the Endangered Species Act and Animal Welfare Act without a license, retain a veterinarian and provide all veterinary records within 7 days, provide complete acquisition and disposition records for animals missing from their inventories, and surrender all big cats one year old or younger and their mothers to the United States government for placement in “reputable facilities” pending final resolution of the case.
An Oklahoma federal judge has granted a preliminary injunction and temporary restraining order against Jeffrey Lowe and Greater Wynnewood Exotic Animal Park, requiring that defendants immediately cease exhibiting animals protected by the Endangered Species Act and Animal Welfare Act without a license, retain a veterinarian and provide all veterinary records within 7 days, provide complete acquisition and disposition records for animals missing from their inventories, and surrender all big cats one year old or younger and their mothers to the United States government for placement in “reputable facilities” pending final resolution of the case.
CBD Challenges FWS’ Failure to Protected Unarmored Threespine Stickleback
The Center for Biological Diversity has filed suit against the Fish and Wildlife Service alleging that the agency’s failure to prepare a status review for the unarmored threespine stickleback is a violation of the Endangered Species Act and the Administrative Procedure Act.
The Center for Biological Diversity has filed suit against the Fish and Wildlife Service alleging that the agency’s failure to prepare a status review for the unarmored threespine stickleback is a violation of the Endangered Species Act and the Administrative Procedure Act.
Agency Updates
FWS Proposes Change to Alligator 4(d) Sale Rule
The Fish and Wildlife Service has proposed a new rule governing the sale of any American alligator specimen that would remove requiring the specimen to be sold or transferred only in accordance with the laws and regulations of the state or Tribe in which the sale or transfer occurs. The agency is accepting comments on the proposed rule until March 22, 2021.
The Fish and Wildlife Service has proposed a new rule governing the sale of any American alligator specimen that would remove requiring the specimen to be sold or transferred only in accordance with the laws and regulations of the state or Tribe in which the sale or transfer occurs. The agency is accepting comments on the proposed rule until March 22, 2021.
NOAA Finalizes Expansion of Flower Garden Banks National Marine Sanctuary
The National Oceanic and Atmospheric Administration has issued its final rule expanding the boundaries of the Flower Garden Banks National Marine Sanctuary by approximately 104 square miles. The rule will become effective after the close of a forty-five day review period.
The National Oceanic and Atmospheric Administration has issued its final rule expanding the boundaries of the Flower Garden Banks National Marine Sanctuary by approximately 104 square miles. The rule will become effective after the close of a forty-five day review period.
APHIS Solicits Public Comments on Predator Control in Oregon
The Animal and Plant Health Inspection Service is requesting public comments in preparation for an environmental impact statement on predator damage management in Oregon. The agency is accepting comments until February 22, 2021.
The Animal and Plant Health Inspection Service is requesting public comments in preparation for an environmental impact statement on predator damage management in Oregon. The agency is accepting comments until February 22, 2021.