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Brooks Animal Law Digest

US Edition: Issue 16

  BACK TO US DIGEST INDEX

This Week's Spotlights

Legislative Updates

February 5, 2020
Arizona Introduces Bill Addressing Confinement of Hens

Arizona House Bill 2724 would ban the sale of eggs laid by confined or caged hens, whether the eggs originated in or out of the state. The bill would require more space for hens (at least one square foot per bird) by the end of 2020, and the full ban would go into effect at the end of 2024.

February 6, 2020
Maryland Introduces Meat Labeling Bill

Maryland Senate Bill 188 proposes to declare a food that contains animal tissue cultivated outside the animal from which the culture is derived, is made from plants, or is made from insects to be misbranded if it is labeled as “meat” or a “meat product.”

Case Law Updates

February 6, 2020
Lawsuit Filed Over Slaughter of Sick and Injured Pigs

The Lewis & Clark Animal Law Litigation Clinic, representing Farm Sanctuary, Animal Legal Defense Fund, Animal Outlook, Animal Welfare Institute, Compassion in World Farming, Farm Forward, and Mercy for Animals, has filed suit against the Department of Agriculture for failing to follow a Congressional mandate to investigate and report on issues related to nonambulatory livestock, including humane handling.

February 7, 2020
Miyoko’s Sues California Department of Food and Agriculture Over First Amendment Violation

Plant-based dairy company Miyoko’s Kitchen Inc. has filed suit against the California Department of Food and Agriculture, alleging violations of the company’s First Amendment rights when the agency told the company to stop calling its products “butter” and claiming the products are “cruelty and animal free.”

Legislative Updates

Pending State Actions

February 5, 2020
Arizona Introduces Bill Addressing Confinement of Hens

Arizona House Bill 2724 would ban the sale of eggs laid by confined or caged hens, whether the eggs originated in or out of the state. The bill would require more space for hens (at least one square foot per bird) by the end of 2020, and the full ban would go into effect at the end of 2024.

February 5, 2020
Maryland Considers Ban on Import of Dogs and Cats for Sale

Maryland Senate Bill 626 proposes to prohibit retail pet stores from transporting into or within the state dogs and cats for sale or transfer within the state. The bill contains an exception for rescued dogs and cats to be displayed for adoption.

February 5, 2020
Illinois Considers Legislation Protecting Companion Animals in Affordable Housing

Illinois Senate Bill 2973 would amend state law to prohibit the Illinois Housing Authority from restricting rentals of affordable housing to those with common companion animals, such as a dog or a cat, regardless of breed or size of the animal.

February 6, 2020
Kentucky Legislation Would Amend Criminal Cruelty Statute

Kentucky Senate Bill 142 proposes to amend the state’s anti-cruelty statute. The legislation would change the required mental state to be convicted of cruelty and would remove the exception for “agricultural” practices.

February 6, 2020
Illinois Legislation Would Upgrade Cruelty to a Companion Animal to a Class 2 Felony

Illinois Senate Bill 2995 would increase the charges of some cruelty to a domestic animal to a class 2 felony (if the animal died), class 3 felony (for subsequent violations of the statute), or class 1 felony (if a second violation results in the death of a subsequent companion animal); rather than a class 4 felony.

February 6, 2020
California Proposes Ban on Toxicological Experimentation on Dogs

California Assembly Bill 2059 proposes to limit the use of dogs in toxicological experimentation in the state to tests that are a part of medical research, required in order to comply with the Toxic Substances Control Act, or required in order to comply with federal requirements to achieve approval of a medical device, drug, or pesticide.

February 6, 2020
Maryland Introduces Meat Labeling Bill

Maryland Senate Bill 188 proposes to declare a food that contains animal tissue cultivated outside the animal from which the culture is derived, is made from plants, or is made from insects to be misbranded if it is labeled as “meat” or a “meat product.”

Case Law Updates

Federal Case Law Updates

February 3, 2020
Beyond Meat Investor Sues Company Over Stock Drop

An investor in the plant-based company Beyond Meat has sued the company in a putative securities class action, alleging that the company and top executives made false statements regarding the company’s relationship with supplier Don Lee Farms.

February 6, 2020
Lawsuit Filed Over Slaughter of Sick and Injured Pigs

The Lewis & Clark Animal Law Litigation Clinic, representing Farm Sanctuary, Animal Legal Defense Fund, Animal Outlook, Animal Welfare Institute, Compassion in World Farming, Farm Forward, and Mercy for Animals, has filed suit against the Department of Agriculture for failing to follow a Congressional mandate to investigate and report on issues related to nonambulatory livestock, including humane handling.

February 7, 2020
Miyoko’s Sues California Department of Food and Agriculture Over First Amendment Violation

Plant-based dairy company Miyoko’s Kitchen Inc. has filed suit against the California Department of Food and Agriculture, alleging violations of the company’s First Amendment rights when the agency told the company to stop calling its products “butter” and claiming the products are “cruelty and animal free.”

February 3, 2020
CBD Will Sue to Protect Alaska Beluga Whales from Oil and Gas Operations

The Center for Biological Diversity and Cook Inletkeeper have announced their intention to file suit under the Endangered Species Act against the National Oceanic and Atmospheric Administration for authorizing the take of animals by Hilcorp Alaska caused by its oil and gas operations.

State Case Law Updates

February 3, 2020
Rancher Not Liable for Damage Caused by Escaped Bull

The Texas Supreme Court has found that a rancher is not liable for damages caused when a bull escaped from the ranch. The incident occurred in 2015, when Joshua Garcia struck and killed a bull who had recently escaped from a ranch due to a broken gate latch.

Agency Updates

February 3, 2020
FWS Announces Plans to Prepare EIS for Limitation of Migratory Bird Treaty Act Application

The U.S. Fish and Wildlife Service has announced it will prepare an Environmental Impact Statement, as required under the National Environmental Policy Act, for its proposal to limit the application of the Migratory Bird Treaty Act to only intentional, not incidental, takes. The agency will consider all comments on the scope of the draft environmental review received by March 19, 2020.

February 5, 2020
NMFS Will Not List North Carolina DPS of Summer-Run Steelhead Under ESA

The National Marine Fisheries Service has announced that after a 12-month finding it will not list the North Carolina summer-run steelhead as a distinct population segment of West Coast steelhead or list that distinct population segment under the Endangered Species Act.

February 5, 2020
FDA Announces Public Workshop on Animal Models for Antibacterial Drugs

The Food and Drug Administration has announced it will hold a public workshop entitled “advancing Animal Models for Antibacterial Drug Development” to discuss both progress and challenges in the development of animal models on March 5, 2020. The agency will accept comments on the workshop until April 6, 2020.

February 6, 2020
FWS Proposes to Designate Critical Habitat for Yellow Lance

The U.S. Fish and Wildlife Service has proposed to designate critical habitat for the yellow lance, a freshwater mussel, in North Carolina, Virginia, and Maryland. The agency is accepting comments on its proposal until April 6, 2020.

Academic Updates

Books

February 7, 2020
Book Examines Treatment of Cows Under Hindu Animal Ethics

Dr. Keneth Valpey has published a new book, Cow Care in Hindu Animal Ethics, that examines the intersection of the welfare of human civilization under Hinduism is linked to the care and protection of cows.

Other Updates

February 6, 2020
Aleph Farms Opens Cell Cultured Meat Visitor Center

Israeli startup Aleph Farms announced it is opening a visitor center next to its production facility in order to help educate the public about cell cultured meat products.

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