President Biden has signed into law House Bill 1448, the Puppies Assisting Wounded Servicemembers (PAWS) for Veterans Act, which directs the Secretary of Veterans Affairs to establish a program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder. Veterans who participate in the pilot program may adopt a dog they assisted in training if their health care provider agrees it is in the best interest of the veteran. The law also forbids the use of shock collars or prong collars as canine training tools and mandates the use of positive reinforcement training techniques.
This Week's Spotlights
Legislative Updates - Passed Federal Actions
Biden Signs PAWS for Veterans Act
Legislative Updates - Pending Federal Actions
Congress Considers Prohibiting State Laws Regulating Manufacture of Agricultural Products
Senate Bill 2619 and House Bill 4999 would prohibit states and local jurisdictions from prohibiting the sale of agricultural products using certain practices if the goods were produced in other jurisdictions. The bill would create a private right of action to challenge any such state prohibitions and would order courts to issue a preliminary injunction to prevent them from taking effect until final judgment is rendered in the challenge. The bill is similar to the King Amendment to the U.S. Farm Bill which targeted state laws banning the sale of products derived from animals raised using forms of extreme confinement, such as battery cages, gestation crates, or veal tethering.
Senate Bill 2619 and House Bill 4999 would prohibit states and local jurisdictions from prohibiting the sale of agricultural products using certain practices if the goods were produced in other jurisdictions. The bill would create a private right of action to challenge any such state prohibitions and would order courts to issue a preliminary injunction to prevent them from taking effect until final judgment is rendered in the challenge. The bill is similar to the King Amendment to the U.S. Farm Bill which targeted state laws banning the sale of products derived from animals raised using forms of extreme confinement, such as battery cages, gestation crates, or veal tethering.
Legislation Introduced to Designate West Indian Manatee as Endangered Species
House Bill 4946 would list the West Indian manatee as an endangered—rather than threatened—species under the Endangered Species Act.
House Bill 4946 would list the West Indian manatee as an endangered—rather than threatened—species under the Endangered Species Act.
Legislative Updates - Passed State Actions
Illinois Bans Retail Sale of Cats and Dogs
Illinois Governor J.B. Pritzker has signed into law House Bill 1711 which provides that pet shop operators may only offer dogs or cats for sale if they are obtained from an animal control facility or animal shelter. The law also ensures that any such “animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation.” The law additionally states that pet shops still may provide space to “an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.”
Illinois Governor J.B. Pritzker has signed into law House Bill 1711 which provides that pet shop operators may only offer dogs or cats for sale if they are obtained from an animal control facility or animal shelter. The law also ensures that any such “animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation.” The law additionally states that pet shops still may provide space to “an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.”
Legislative Updates - Pending State Actions
Texas Considers Requiring Cultivated Products be Labeled as “Cell-Cultured” or “Lab-Grown”
Texas House Bill 242 would amend the state Health and Safety Code to define terms such as meat, beef, pork, and poultry to specifically exclude any “cell-cultured, plant-based, or insect-based food product.” The bill would declare a plant-based meat analogue as misbranded if it does not prominently display a term such as “analogue,” “meatless,” or “plant-based” immediately before the name of the product and a cultivated meat product as misbranded if it does not prominently display the term “cell-cultured” or “lab-grown” immediately before the name of the product.
Texas House Bill 242 would amend the state Health and Safety Code to define terms such as meat, beef, pork, and poultry to specifically exclude any “cell-cultured, plant-based, or insect-based food product.” The bill would declare a plant-based meat analogue as misbranded if it does not prominently display a term such as “analogue,” “meatless,” or “plant-based” immediately before the name of the product and a cultivated meat product as misbranded if it does not prominently display the term “cell-cultured” or “lab-grown” immediately before the name of the product.
Case Law Updates - Federal Case Law Updates
Judge Dismisses Iowa Pork Producers’ Challenge to California Prop 12
A federal judge has dismissed a challenge to California’s Proposition 12 brought by the Iowa Pork Producers Association, finding that the court lacked personal jurisdiction over defendants. The court reasoned that the "quality, quantity, and relationship” of the defendants’ contacts to the plaintiffs’ claims did not support a finding that the California defendants had the contacts necessary to support personal jurisdiction in Iowa. This was the third such dismissed lawsuit brought by producers challenging California’s anti-confinement ballot measure that is due to take effect on January 1, 2022.
A federal judge has dismissed a challenge to California’s Proposition 12 brought by the Iowa Pork Producers Association, finding that the court lacked personal jurisdiction over defendants. The court reasoned that the "quality, quantity, and relationship” of the defendants’ contacts to the plaintiffs’ claims did not support a finding that the California defendants had the contacts necessary to support personal jurisdiction in Iowa. This was the third such dismissed lawsuit brought by producers challenging California’s anti-confinement ballot measure that is due to take effect on January 1, 2022.
Legislative Updates
Passed Federal Actions
Biden Signs PAWS for Veterans Act
President Biden has signed into law House Bill 1448, the Puppies Assisting Wounded Servicemembers (PAWS) for Veterans Act, which directs the Secretary of Veterans Affairs to establish a program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder. Veterans who participate in the pilot program may adopt a dog they assisted in training if their health care provider agrees it is in the best interest of the veteran. The law also forbids the use of shock collars or prong collars as canine training tools and mandates the use of positive reinforcement training techniques.
President Biden has signed into law House Bill 1448, the Puppies Assisting Wounded Servicemembers (PAWS) for Veterans Act, which directs the Secretary of Veterans Affairs to establish a program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder. Veterans who participate in the pilot program may adopt a dog they assisted in training if their health care provider agrees it is in the best interest of the veteran. The law also forbids the use of shock collars or prong collars as canine training tools and mandates the use of positive reinforcement training techniques.
Pending Federal Actions
Congress Considers Prohibiting State Laws Regulating Manufacture of Agricultural Products
Senate Bill 2619 and House Bill 4999 would prohibit states and local jurisdictions from prohibiting the sale of agricultural products using certain practices if the goods were produced in other jurisdictions. The bill would create a private right of action to challenge any such state prohibitions and would order courts to issue a preliminary injunction to prevent them from taking effect until final judgment is rendered in the challenge. The bill is similar to the King Amendment to the U.S. Farm Bill which targeted state laws banning the sale of products derived from animals raised using forms of extreme confinement, such as battery cages, gestation crates, or veal tethering.
Senate Bill 2619 and House Bill 4999 would prohibit states and local jurisdictions from prohibiting the sale of agricultural products using certain practices if the goods were produced in other jurisdictions. The bill would create a private right of action to challenge any such state prohibitions and would order courts to issue a preliminary injunction to prevent them from taking effect until final judgment is rendered in the challenge. The bill is similar to the King Amendment to the U.S. Farm Bill which targeted state laws banning the sale of products derived from animals raised using forms of extreme confinement, such as battery cages, gestation crates, or veal tethering.
Legislation Introduced to Designate West Indian Manatee as Endangered Species
House Bill 4946 would list the West Indian manatee as an endangered—rather than threatened—species under the Endangered Species Act.
House Bill 4946 would list the West Indian manatee as an endangered—rather than threatened—species under the Endangered Species Act.
Passed State Actions
Illinois Bans Retail Sale of Cats and Dogs
Illinois Governor J.B. Pritzker has signed into law House Bill 1711 which provides that pet shop operators may only offer dogs or cats for sale if they are obtained from an animal control facility or animal shelter. The law also ensures that any such “animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation.” The law additionally states that pet shops still may provide space to “an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.”
Illinois Governor J.B. Pritzker has signed into law House Bill 1711 which provides that pet shop operators may only offer dogs or cats for sale if they are obtained from an animal control facility or animal shelter. The law also ensures that any such “animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation.” The law additionally states that pet shops still may provide space to “an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.”
Pending State Actions
Michigan Considers Establishing Council to Combat Online Sale of Aquatic Invasive Species
Michigan House Bill 5285 would establish the “aquatic invasive species sales advisory council” in order to combat the online sale of aquatic invasive species. The council would be required to submit a report with recommendations to the legislature, including prevention efforts, an education program, and proposals to collaborate with other states and Canadian provinces.
Michigan House Bill 5285 would establish the “aquatic invasive species sales advisory council” in order to combat the online sale of aquatic invasive species. The council would be required to submit a report with recommendations to the legislature, including prevention efforts, an education program, and proposals to collaborate with other states and Canadian provinces.
Texas Considers Requiring Cultivated Products be Labeled as “Cell-Cultured” or “Lab-Grown”
Texas House Bill 242 would amend the state Health and Safety Code to define terms such as meat, beef, pork, and poultry to specifically exclude any “cell-cultured, plant-based, or insect-based food product.” The bill would declare a plant-based meat analogue as misbranded if it does not prominently display a term such as “analogue,” “meatless,” or “plant-based” immediately before the name of the product and a cultivated meat product as misbranded if it does not prominently display the term “cell-cultured” or “lab-grown” immediately before the name of the product.
Texas House Bill 242 would amend the state Health and Safety Code to define terms such as meat, beef, pork, and poultry to specifically exclude any “cell-cultured, plant-based, or insect-based food product.” The bill would declare a plant-based meat analogue as misbranded if it does not prominently display a term such as “analogue,” “meatless,” or “plant-based” immediately before the name of the product and a cultivated meat product as misbranded if it does not prominently display the term “cell-cultured” or “lab-grown” immediately before the name of the product.
Case Law Updates
Federal Case Law Updates
Judge Dismisses Iowa Pork Producers’ Challenge to California Prop 12
A federal judge has dismissed a challenge to California’s Proposition 12 brought by the Iowa Pork Producers Association, finding that the court lacked personal jurisdiction over defendants. The court reasoned that the "quality, quantity, and relationship” of the defendants’ contacts to the plaintiffs’ claims did not support a finding that the California defendants had the contacts necessary to support personal jurisdiction in Iowa. This was the third such dismissed lawsuit brought by producers challenging California’s anti-confinement ballot measure that is due to take effect on January 1, 2022.
A federal judge has dismissed a challenge to California’s Proposition 12 brought by the Iowa Pork Producers Association, finding that the court lacked personal jurisdiction over defendants. The court reasoned that the "quality, quantity, and relationship” of the defendants’ contacts to the plaintiffs’ claims did not support a finding that the California defendants had the contacts necessary to support personal jurisdiction in Iowa. This was the third such dismissed lawsuit brought by producers challenging California’s anti-confinement ballot measure that is due to take effect on January 1, 2022.
Groups File Suit Challenging California Wetlands Project
Aqualliance and the Center for Biological Diversity have filed suit against the Fish and Wildlife Service and Army Corps of Engineers challenging the agencies’ approval and permitting of a real estate development project in Chico, California that would eliminate 20 acres of wetlands. The complaint alleges violations of the Endangered Species Act, the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedure Act.
Aqualliance and the Center for Biological Diversity have filed suit against the Fish and Wildlife Service and Army Corps of Engineers challenging the agencies’ approval and permitting of a real estate development project in Chico, California that would eliminate 20 acres of wetlands. The complaint alleges violations of the Endangered Species Act, the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedure Act.
Agency Updates
FWS Lists Franklin’s Bumble Bee as Endangered Species
The Fish and Wildlife Service has issued a final rule listing the Franklin’s bumble bee as endangered under the Endangered Species Act. The rule is effective September 23, 2021.
The Fish and Wildlife Service has issued a final rule listing the Franklin’s bumble bee as endangered under the Endangered Species Act. The rule is effective September 23, 2021.
FWS Proposes to List Amur Sturgeon as Endangered
The Fish and Wildlife Service has proposed to list the Amur sturgeon as an endangered species under the Endangered Species Act. The agency is accepting comments on the proposal until October 25, 2021.
The Fish and Wildlife Service has proposed to list the Amur sturgeon as an endangered species under the Endangered Species Act. The agency is accepting comments on the proposal until October 25, 2021.
Green Group Files Complaint with National Archives and Records Administration Over EPA Records
Public Employees for Environmental Responsibility has filed a complaint with the National Archives and Records Administration requesting that the agency intervene to stop the Environmental Protection Agency from failing to maintain records related to its development of the Waters of the United States rule and chemical risk assessments. The complaint charges that the “EPA routinely allows the original versions of its internal communications and draft documents to be erased when they are edited” and does not require any “track changes” function to record either the changes or the authors. The complaint claims that "this practice violates the Federal Records Act by shielding the agency’s decision-making process from outside review and retaining only the final version of key documents.”
Public Employees for Environmental Responsibility has filed a complaint with the National Archives and Records Administration requesting that the agency intervene to stop the Environmental Protection Agency from failing to maintain records related to its development of the Waters of the United States rule and chemical risk assessments. The complaint charges that the “EPA routinely allows the original versions of its internal communications and draft documents to be erased when they are edited” and does not require any “track changes” function to record either the changes or the authors. The complaint claims that "this practice violates the Federal Records Act by shielding the agency’s decision-making process from outside review and retaining only the final version of key documents.”
FSIS Announces Virtual Meeting of National Advisory Committee on Meat and Poultry Inspection
The Food Safety and Inspection Service has announced a virtual meeting of the National Advisory Committee on Meat and Poultry Inspection (NACMPI). At the meeting, “FSIS will present two sets of charges to the Committee: (1) To consider how FSIS should clarify the Agency’s positions on the custom and retail exemptions to ensure that meat, poultry, and egg products produced under the exemptions are safe, wholesome, and correctly labeled and packaged and (2) to consider actions FSIS should take to prevent and reduce illnesses associated with the handling or consumption of frozen, raw, stuffed not ready-to-eat (NRTE) poultry products, which may be breaded and par-fried and may appear ready-to-eat (RTE) to consumers.” The meeting will take place on September 27 and 28.
The Food Safety and Inspection Service has announced a virtual meeting of the National Advisory Committee on Meat and Poultry Inspection (NACMPI). At the meeting, “FSIS will present two sets of charges to the Committee: (1) To consider how FSIS should clarify the Agency’s positions on the custom and retail exemptions to ensure that meat, poultry, and egg products produced under the exemptions are safe, wholesome, and correctly labeled and packaged and (2) to consider actions FSIS should take to prevent and reduce illnesses associated with the handling or consumption of frozen, raw, stuffed not ready-to-eat (NRTE) poultry products, which may be breaded and par-fried and may appear ready-to-eat (RTE) to consumers.” The meeting will take place on September 27 and 28.