House Resolution 1024 would amend the Public Health Service Act to establish the National Center for Alternatives to Animals in Research and Testing and would ensure that nonanimal methods are prioritized in proposals for all research conducted or supported by the National Institutes of Health (NIH). The bill has been referred to the House Committee on Energy and Commerce. The bill was introduced by Representative Chris Pappas. The bill text is not yet publicly available.
This Week's Spotlights
Legislative Spotlights - Pending Federal Actions
Bill Would Ensure that Nonanimal Testing Methods Are Prioritized for All NIH-Funded Research
Senate Bill Would Set New Requirements and Oversight for Dogs Imported into the United States
The Healthy Dog Importation Act of 2023 would establish stronger oversight of the import of dogs into the United States to better ensure their health and prevent the spread of diseases, including by requiring certificates of veterinary inspection for each imported dog. The bill was introduced by Senators Chuck Grassley and Tina Smith. It has not yet been numbered or referred to a committee.
The Healthy Dog Importation Act of 2023 would establish stronger oversight of the import of dogs into the United States to better ensure their health and prevent the spread of diseases, including by requiring certificates of veterinary inspection for each imported dog. The bill was introduced by Senators Chuck Grassley and Tina Smith. It has not yet been numbered or referred to a committee.
Legislative Spotlights - Pending State Actions
Idaho Bill Would Relax Certain Laws Relating to Captive Wildlife
Idaho Senate Bill 1084 would amend the definition of “wildlife” to exclude captive wild animals held by Animal Welfare Act Class C licensed exhibitors, effectively exempting all U.S. Department of Agriculture-licensed exhibitors in the state from limitations on keeping wildlife in captivity. The bill has been referred to the Senate Committee on Resources and Environment.
Idaho Senate Bill 1084 would amend the definition of “wildlife” to exclude captive wild animals held by Animal Welfare Act Class C licensed exhibitors, effectively exempting all U.S. Department of Agriculture-licensed exhibitors in the state from limitations on keeping wildlife in captivity. The bill has been referred to the Senate Committee on Resources and Environment.
Iowa Bill Would Prohibit Cat Declawing
Iowa Senate File 283 would prohibit cat declawing except by a licensed veterinarian for therapeutic purposes. “A person who violates the provision is subject to a range of civil penalties from $500 for an initial violation, $1,500 for a second violation within two years, and $2,500 for a third or subsequent violation within five years.” The bill has been referred to the Senate Agriculture Committee.
Iowa Senate File 283 would prohibit cat declawing except by a licensed veterinarian for therapeutic purposes. “A person who violates the provision is subject to a range of civil penalties from $500 for an initial violation, $1,500 for a second violation within two years, and $2,500 for a third or subsequent violation within five years.” The bill has been referred to the Senate Agriculture Committee.
Kentucky Bill Would Ban Retail Sales of Dogs, Cats, and Rabbits
Kentucky House Bill 294 would prohibit retail pet stores from selling dogs, cats, and rabbits and would limit pet stores to showcasing dogs, cats, and rabbits who are available for adoption through a shelter or rescue group. The bill has been assigned to the House Committee on Committees.
Kentucky House Bill 294 would prohibit retail pet stores from selling dogs, cats, and rabbits and would limit pet stores to showcasing dogs, cats, and rabbits who are available for adoption through a shelter or rescue group. The bill has been assigned to the House Committee on Committees.
Illinois Bill Would Allow Retail Pet Sales to Resume
Illinois House Bill 2793 would amend the state’s Animal Welfare Act to allow pet shops and pet dealers to offer dogs and cats for sale who are sourced from qualifying in-state or out-of-state commercial breeders. It also would remove existing requirements for pet shops to keep a record of each dog or cat offered for sale, and would add new requirements governing the acquisition of animals by shelters. The bill has been referred to the House Rules Committee.
Illinois House Bill 2793 would amend the state’s Animal Welfare Act to allow pet shops and pet dealers to offer dogs and cats for sale who are sourced from qualifying in-state or out-of-state commercial breeders. It also would remove existing requirements for pet shops to keep a record of each dog or cat offered for sale, and would add new requirements governing the acquisition of animals by shelters. The bill has been referred to the House Rules Committee.
Case Law Spotlights - Federal Court
FWS Agrees to Deadline to Determine Whether Greater Legal Protections for Leopards Are Warranted
The U.S. Fish & Wildlife Service (FWS) entered a stipulated settlement in an Endangered Species Act (ESA) lawsuit brought by Humane Society International, the Humane Society of the United States, and the Center for Biological Diversity challenging FWS’ failure to respond to the groups’ July 2016 petition for rulemaking seeking greater legal protections for leopards. The split-listing of leopards as endangered in certain areas and threatened in others has allowed trophy hunting to decimate the remaining population. As part of the settlement, FWS agreed to a June 2027 deadline to determine if leopards warrant increased ESA protection.
The U.S. Fish & Wildlife Service (FWS) entered a stipulated settlement in an Endangered Species Act (ESA) lawsuit brought by Humane Society International, the Humane Society of the United States, and the Center for Biological Diversity challenging FWS’ failure to respond to the groups’ July 2016 petition for rulemaking seeking greater legal protections for leopards. The split-listing of leopards as endangered in certain areas and threatened in others has allowed trophy hunting to decimate the remaining population. As part of the settlement, FWS agreed to a June 2027 deadline to determine if leopards warrant increased ESA protection.
Paul Mitchell Faces Class Action Over Cruelty-Free Hair Care Claims
John Paul Mitchell Systems (“Paul Mitchell”) is facing a class action lawsuit in the U.S. District Court for the Northern District of California over the hair care company’s “Never have. Never will.” promise never to test on animals. Putative class members, all purchasers who relied on the company’s cruelty-free representations, claim that Paul Mitchell’s extensive marketing as a “cruelty-free” company constitutes a breach of express warranty and a violation of California consumer protection laws, false advertising laws, and unfair competition laws since Paul Mitchell has been selling products for years in China, a country that mandates animal testing for imported cosmetics. Plaintiffs are seeking injunctive relief, restitution, and punitive damages.
John Paul Mitchell Systems (“Paul Mitchell”) is facing a class action lawsuit in the U.S. District Court for the Northern District of California over the hair care company’s “Never have. Never will.” promise never to test on animals. Putative class members, all purchasers who relied on the company’s cruelty-free representations, claim that Paul Mitchell’s extensive marketing as a “cruelty-free” company constitutes a breach of express warranty and a violation of California consumer protection laws, false advertising laws, and unfair competition laws since Paul Mitchell has been selling products for years in China, a country that mandates animal testing for imported cosmetics. Plaintiffs are seeking injunctive relief, restitution, and punitive damages.
Agency Updates
Department of Labor Fines Sanitation Company $1.5 Million for Using Child Labor in Slaughterhouses
The U.S. Department of Labor (DOL) announced that Packers Sanitation Services, Inc. (PSSI), one of the largest food safety sanitation service companies, has paid $1.5 million in civil penalties for violations of the Fair Labor Standards Act in connection with its unlawful use of more than one hundred children, some as young as thirteen years of age, for graveyard shifts cleaning the “killing floors” and “meat and bone cutting saws” at slaughterhouses owned by JBS USA, Tyson Foods, Cargill, and others. The DOL, which obtained a permanent injunction against PSSI in December 2022, reports that multiple children were injured due to the hazardous conditions.
The U.S. Department of Labor (DOL) announced that Packers Sanitation Services, Inc. (PSSI), one of the largest food safety sanitation service companies, has paid $1.5 million in civil penalties for violations of the Fair Labor Standards Act in connection with its unlawful use of more than one hundred children, some as young as thirteen years of age, for graveyard shifts cleaning the “killing floors” and “meat and bone cutting saws” at slaughterhouses owned by JBS USA, Tyson Foods, Cargill, and others. The DOL, which obtained a permanent injunction against PSSI in December 2022, reports that multiple children were injured due to the hazardous conditions.
FWS Proposal Would Allow Ranchers to Kill Certain Populations of Wolves in Colorado
The U.S. Fish and Wildlife Service (FWS) announced a proposal to establish a nonessential experimental population (NEP) of gray wolves in Colorado in response to a request by the state. Establishment of this NEP would provide for allowable, legal, purposeful, and incidental killing of the gray wolf within a defined NEP area. FWS will accept public comments through April 18, 2023. Some conservationists have criticized the proposal for allowing ranchers to shoot wolves on sight, on public lands, under some circumstances.
The U.S. Fish and Wildlife Service (FWS) announced a proposal to establish a nonessential experimental population (NEP) of gray wolves in Colorado in response to a request by the state. Establishment of this NEP would provide for allowable, legal, purposeful, and incidental killing of the gray wolf within a defined NEP area. FWS will accept public comments through April 18, 2023. Some conservationists have criticized the proposal for allowing ranchers to shoot wolves on sight, on public lands, under some circumstances.
USDA Publishes Standards for Birds Not Used in Research
The U.S. Department of Agriculture (USDA) announced final Animal Welfare Act regulations to establish standards governing the humane handling, care, treatment, and transportation of birds not bred for use in research after half a century of abdicating its statutory responsibility to inspect such birds. The new rules are effective March 23, 2023.
The U.S. Department of Agriculture (USDA) announced final Animal Welfare Act regulations to establish standards governing the humane handling, care, treatment, and transportation of birds not bred for use in research after half a century of abdicating its statutory responsibility to inspect such birds. The new rules are effective March 23, 2023.
Legislative Updates
Pending Federal Actions
Senators Reintroduce “Protect Farmers from the SEC Act” to Shield Farmers from Potential Emissions Disclosure Requirements
The “Protect Farmers from the SEC Act” would shelter agricultural facilities from having to report their emissions under a proposed Securities and Exchange Commission rule. The bill was introduced by Senators John Boozman and Mike Braun, and its companion bill was introduced by Representative Frank Lucas. Bill text and committee assignments are not yet publicly available but are likely to be similar to the identically named bill introduced in the previous legislative session.
The “Protect Farmers from the SEC Act” would shelter agricultural facilities from having to report their emissions under a proposed Securities and Exchange Commission rule. The bill was introduced by Senators John Boozman and Mike Braun, and its companion bill was introduced by Representative Frank Lucas. Bill text and committee assignments are not yet publicly available but are likely to be similar to the identically named bill introduced in the previous legislative session.
Bill Would Ensure that Nonanimal Testing Methods Are Prioritized for All NIH-Funded Research
House Resolution 1024 would amend the Public Health Service Act to establish the National Center for Alternatives to Animals in Research and Testing and would ensure that nonanimal methods are prioritized in proposals for all research conducted or supported by the National Institutes of Health (NIH). The bill has been referred to the House Committee on Energy and Commerce. The bill was introduced by Representative Chris Pappas. The bill text is not yet publicly available.
House Resolution 1024 would amend the Public Health Service Act to establish the National Center for Alternatives to Animals in Research and Testing and would ensure that nonanimal methods are prioritized in proposals for all research conducted or supported by the National Institutes of Health (NIH). The bill has been referred to the House Committee on Energy and Commerce. The bill was introduced by Representative Chris Pappas. The bill text is not yet publicly available.
Senate Bill Would Set New Requirements and Oversight for Dogs Imported into the United States
The Healthy Dog Importation Act of 2023 would establish stronger oversight of the import of dogs into the United States to better ensure their health and prevent the spread of diseases, including by requiring certificates of veterinary inspection for each imported dog. The bill was introduced by Senators Chuck Grassley and Tina Smith. It has not yet been numbered or referred to a committee.
The Healthy Dog Importation Act of 2023 would establish stronger oversight of the import of dogs into the United States to better ensure their health and prevent the spread of diseases, including by requiring certificates of veterinary inspection for each imported dog. The bill was introduced by Senators Chuck Grassley and Tina Smith. It has not yet been numbered or referred to a committee.
Pending State Actions
Iowa Bill Would Allow Agriculture Facilities to Kill Wild Animals without Prior State Authorization
Iowa House File 118, companion to Senate File 173, would allow farmers to trap and kill wild animals they deem to be a “nuisance” without prior approval from the Iowa Department of Natural Resources. The bill is pending in the House Natural Resources Committee.
Iowa House File 118, companion to Senate File 173, would allow farmers to trap and kill wild animals they deem to be a “nuisance” without prior approval from the Iowa Department of Natural Resources. The bill is pending in the House Natural Resources Committee.
Idaho Bill Would Relax Certain Laws Relating to Captive Wildlife
Idaho Senate Bill 1084 would amend the definition of “wildlife” to exclude captive wild animals held by Animal Welfare Act Class C licensed exhibitors, effectively exempting all U.S. Department of Agriculture-licensed exhibitors in the state from limitations on keeping wildlife in captivity. The bill has been referred to the Senate Committee on Resources and Environment.
Idaho Senate Bill 1084 would amend the definition of “wildlife” to exclude captive wild animals held by Animal Welfare Act Class C licensed exhibitors, effectively exempting all U.S. Department of Agriculture-licensed exhibitors in the state from limitations on keeping wildlife in captivity. The bill has been referred to the Senate Committee on Resources and Environment.
Idaho Bill Would Revise Provisions Relating to Fur Buyer and Taxidermy Licenses
Idaho House Bill 143 would revise provisions relating to taxidermy and fur buyer licenses. The bill has been referred to the House Committee on Resources and Conservation.
Idaho House Bill 143 would revise provisions relating to taxidermy and fur buyer licenses. The bill has been referred to the House Committee on Resources and Conservation.
Iowa Bill Would Prohibit Cat Declawing
Iowa Senate File 283 would prohibit cat declawing except by a licensed veterinarian for therapeutic purposes. “A person who violates the provision is subject to a range of civil penalties from $500 for an initial violation, $1,500 for a second violation within two years, and $2,500 for a third or subsequent violation within five years.” The bill has been referred to the Senate Agriculture Committee.
Iowa Senate File 283 would prohibit cat declawing except by a licensed veterinarian for therapeutic purposes. “A person who violates the provision is subject to a range of civil penalties from $500 for an initial violation, $1,500 for a second violation within two years, and $2,500 for a third or subsequent violation within five years.” The bill has been referred to the Senate Agriculture Committee.
Kentucky Bill Would Ban Retail Sales of Dogs, Cats, and Rabbits
Kentucky House Bill 294 would prohibit retail pet stores from selling dogs, cats, and rabbits and would limit pet stores to showcasing dogs, cats, and rabbits who are available for adoption through a shelter or rescue group. The bill has been assigned to the House Committee on Committees.
Kentucky House Bill 294 would prohibit retail pet stores from selling dogs, cats, and rabbits and would limit pet stores to showcasing dogs, cats, and rabbits who are available for adoption through a shelter or rescue group. The bill has been assigned to the House Committee on Committees.
New Mexico Bill Would Ban Most Tethering of Dogs
New Mexico Senate Bill 429 would make it a misdemeanor to tether dogs “for longer than is necessary for the person to complete a temporary task.” The bill has been referred to the Senate Public Health and Affairs Committee and the Senate Judiciary Committee.
New Mexico Senate Bill 429 would make it a misdemeanor to tether dogs “for longer than is necessary for the person to complete a temporary task.” The bill has been referred to the Senate Public Health and Affairs Committee and the Senate Judiciary Committee.
New York Bill Would Require Traps Set in Water to Be Checked Every Forty-Eight Hours
New York Assembly Bill 4394 would provide that traps set in water must be checked at least every forty-eight hours, while other traps are required to be checked every twenty-four hours. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Assembly Bill 4394 would provide that traps set in water must be checked at least every forty-eight hours, while other traps are required to be checked every twenty-four hours. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Bill Would Require Individuals to Disclose Certain Written Information When Surrendering Animals at Shelters
New York Senate Bill 4800 would require individuals surrendering animals to shelters to fill out a standardized form which would disclose to potential future adopters: “the reason or reasons for surrendering the dog; (ii) whether the dog has been declared to be a dangerous dog; whether such dog has ever exhibited aggressive tendencies; (iii) whether the dog has ever bitten any person; and (iv) any other information with regard to the dog which the owner feels may be relevant to the future placement of the dog.” The bill has been referred to the Senate Committee on Agriculture.
New York Senate Bill 4800 would require individuals surrendering animals to shelters to fill out a standardized form which would disclose to potential future adopters: “the reason or reasons for surrendering the dog; (ii) whether the dog has been declared to be a dangerous dog; whether such dog has ever exhibited aggressive tendencies; (iii) whether the dog has ever bitten any person; and (iv) any other information with regard to the dog which the owner feels may be relevant to the future placement of the dog.” The bill has been referred to the Senate Committee on Agriculture.
Illinois Bill Would Exempt Certain Custom Slaughter Operations from State Inspections
Illinois House Bill 2601 would amend the state’s Meat and Poultry Inspection Act to exempt certain custom slaughter operations from inspection requirements. The bill has been referred to the House Committee on Rules.
Illinois House Bill 2601 would amend the state’s Meat and Poultry Inspection Act to exempt certain custom slaughter operations from inspection requirements. The bill has been referred to the House Committee on Rules.
Illinois Bill Would Create Tax Credit for Animal Adoptions
Illinois House Bill 2511 would amend the Illinois Income Tax Act to create an income tax credit for taxpayers who adopt from no-kill animal shelters. The bill has been referred to the House Committee on Rules.
Illinois House Bill 2511 would amend the Illinois Income Tax Act to create an income tax credit for taxpayers who adopt from no-kill animal shelters. The bill has been referred to the House Committee on Rules.
Kentucky Bill Would Amend Cruelty Laws and Immunize Good Samaritans Who Rescue Dogs and Cats from Vehicles
Kentucky House Bill 321 would amend the state’s laws relating to crimes against animals by redefining felony and misdemeanor acts of cruelty and by establishing immunity for individuals who rescue dogs or cats from vehicles based on a good faith belief that the animal is in danger. The bill has been assigned to the House Committee on Committees.
Kentucky House Bill 321 would amend the state’s laws relating to crimes against animals by redefining felony and misdemeanor acts of cruelty and by establishing immunity for individuals who rescue dogs or cats from vehicles based on a good faith belief that the animal is in danger. The bill has been assigned to the House Committee on Committees.
Rhode Island Bill Would Prohibit Sales of Cosmetics Tested on Animals
Rhode Island House Bill 5559 would prohibit the sales of cosmetics that were developed or manufactured using cosmetic animal testing. The bill has been referred to the House Committee on Health & Human Services.
Rhode Island House Bill 5559 would prohibit the sales of cosmetics that were developed or manufactured using cosmetic animal testing. The bill has been referred to the House Committee on Health & Human Services.
California Bill Would Help Homeless and Domestic Violence Shelters Provide Care to Companion Animals
California Assembly Bill 1215 would establish a grant program to help shelters provide housing, food, and veterinary care for pets of people experiencing homelessness or escaping domestic violence. The bill has not yet been assigned to a committee.
California Assembly Bill 1215 would establish a grant program to help shelters provide housing, food, and veterinary care for pets of people experiencing homelessness or escaping domestic violence. The bill has not yet been assigned to a committee.
California Bill Would Amend the State’s ESA Incidental Take Permit Program
California Senate Bill 649 would amend the state’s incidental take permit program under the California Endangered Species Act to base permit issuance determinations on real-time data rather than historic trends. The bill has been referred to the Senate Rules Committee.
California Senate Bill 649 would amend the state’s incidental take permit program under the California Endangered Species Act to base permit issuance determinations on real-time data rather than historic trends. The bill has been referred to the Senate Rules Committee.
Connecticut Bill Would Amend Cruelty Laws and Require Veterinarians to Report Suspected Animal Abuse
Connecticut House Bill 6714 would redefine the crime of sexual contact with an animal, require that veterinarians report suspected incidents of animal cruelty, and prohibit persons convicted of animal cruelty or having sexual contact with an animal from possessing or working with animals for a period of five years from the date of conviction or release from imprisonment. The bill has been referred to the Joint Committee on Judiciary.
Connecticut House Bill 6714 would redefine the crime of sexual contact with an animal, require that veterinarians report suspected incidents of animal cruelty, and prohibit persons convicted of animal cruelty or having sexual contact with an animal from possessing or working with animals for a period of five years from the date of conviction or release from imprisonment. The bill has been referred to the Joint Committee on Judiciary.
Idaho Bill Would Classify Rattlesnakes as Predatory Wildlife and Authorize Unlimited Takes
Idaho House Bill 156 would classify rattlesnakes as predatory wildlife. Predatory wildlife may be taken in any amount, at any time, and in any manner, by holders of the appropriate valid Idaho hunting, trapping, fishing, or combination licenses.
Idaho House Bill 156 would classify rattlesnakes as predatory wildlife. Predatory wildlife may be taken in any amount, at any time, and in any manner, by holders of the appropriate valid Idaho hunting, trapping, fishing, or combination licenses.
Illinois Bill Would Require Breeders to Sterilize Dogs with Certain Genetic Defects or Mutations
Illinois House Bill 3200 would amend the state’s Animal Welfare Act to require breeders to have dogs genetically tested for serious diseases and to mandate sterilization of dogs who show certain genetic defects or mutations. The bill has been referred to the House Committee on Rules.
Illinois House Bill 3200 would amend the state’s Animal Welfare Act to require breeders to have dogs genetically tested for serious diseases and to mandate sterilization of dogs who show certain genetic defects or mutations. The bill has been referred to the House Committee on Rules.
Illinois Bill Would Allow Retail Pet Sales to Resume
Illinois House Bill 2793 would amend the state’s Animal Welfare Act to allow pet shops and pet dealers to offer dogs and cats for sale who are sourced from qualifying in-state or out-of-state commercial breeders. It also would remove existing requirements for pet shops to keep a record of each dog or cat offered for sale, and would add new requirements governing the acquisition of animals by shelters. The bill has been referred to the House Rules Committee.
Illinois House Bill 2793 would amend the state’s Animal Welfare Act to allow pet shops and pet dealers to offer dogs and cats for sale who are sourced from qualifying in-state or out-of-state commercial breeders. It also would remove existing requirements for pet shops to keep a record of each dog or cat offered for sale, and would add new requirements governing the acquisition of animals by shelters. The bill has been referred to the House Rules Committee.
Illinois Bill Would Create Felony Crimes for Harm to Police Animals
Illinois House Bill 3184 would create felony crimes for harming or killing law enforcement animals. The bill has been referred to the House Rules Committee.
Illinois House Bill 3184 would create felony crimes for harming or killing law enforcement animals. The bill has been referred to the House Rules Committee.
Illinois Bill Would Prohibit Predatory Financing Agreements for Purchase of Companion Animals
Illinois House Bill 3236 would amend the state’s Predatory Loan Prevention Act by prohibiting secured loans and retail installment agreements for the purchase of dogs and cats and would render all such financing agreements null and void. The bill has been referred to the House Rules Committee.
Illinois House Bill 3236 would amend the state’s Predatory Loan Prevention Act by prohibiting secured loans and retail installment agreements for the purchase of dogs and cats and would render all such financing agreements null and void. The bill has been referred to the House Rules Committee.
Iowa Bill Would Establish Immunity for Veterinarians Who Aid Law Enforcement in Cruelty Investigations
Iowa Senate File 316 would establish administrative, civil, and criminal immunity for veterinarians who report suspected animal cruelty and who cooperate with law enforcement in the investigation of suspected acts of cruelty. The bill has been assigned to the Senate Committee on State Government which approved the bill on February 16, 2023.
Iowa Senate File 316 would establish administrative, civil, and criminal immunity for veterinarians who report suspected animal cruelty and who cooperate with law enforcement in the investigation of suspected acts of cruelty. The bill has been assigned to the Senate Committee on State Government which approved the bill on February 16, 2023.
Maine Bill Would Establish Protocol to Prevent Abandonment of Animals in Rental Properties
Maine Legislative Document 679 would require a tenant to designate an authorized person to retrieve an animal from the tenant's rental unit in the event of the tenant's death or incapacitation or the tenant's abandonment of the animal. The bill has been referred to the House Committee on Judiciary.
Maine Legislative Document 679 would require a tenant to designate an authorized person to retrieve an animal from the tenant's rental unit in the event of the tenant's death or incapacitation or the tenant's abandonment of the animal. The bill has been referred to the House Committee on Judiciary.
Minnesota Bill Would Establish an Office of Animal Protection
Minnesota House File 1850, companion to Senate File 1411, would establish an “Office of Animal Protection” within the Department of Public Safety to promote animal welfare programs, coordinate with other law enforcement to enforce cruelty to animals laws, investigate crimes against animals, maintain a statewide “dangerous dog” database, and provide assistance in locating shelters for displaced animals during emergencies or natural disasters.” The bill has been referred to the House Committee on Public Safety Finance and Policy.
Minnesota House File 1850, companion to Senate File 1411, would establish an “Office of Animal Protection” within the Department of Public Safety to promote animal welfare programs, coordinate with other law enforcement to enforce cruelty to animals laws, investigate crimes against animals, maintain a statewide “dangerous dog” database, and provide assistance in locating shelters for displaced animals during emergencies or natural disasters.” The bill has been referred to the House Committee on Public Safety Finance and Policy.
New York Bill Would Create Felony Crime of Aggravated Neglect of an Animal
New York Assembly Bill 4553 would establish the felony crime of “aggravated neglect” of an animal, including abandonment of an animal. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 4553 would establish the felony crime of “aggravated neglect” of an animal, including abandonment of an animal. The bill has been referred to the Assembly Committee on Agriculture.
Connecticut Bill Would Make Minor Technical Changes to the State’s Domestic Animal Statutes
Connecticut Senate Bill 1069 would broaden the definition of “animal” and make other minor technical revisions to the state’s domestic animal-related statutes. The bill has been referred to the Joint Committee on Environment.
Connecticut Senate Bill 1069 would broaden the definition of “animal” and make other minor technical revisions to the state’s domestic animal-related statutes. The bill has been referred to the Joint Committee on Environment.
Connecticut Bill Would Establish Greater Oversight of Livestock and Rabbits Killed for Human Consumption
Connecticut House Bill 6726 would enhance procedures for the prevention and containment of contagious and infectious diseases in livestock and authorize the regulation and inspection of facilities that produce and process rabbits for human consumption. The bill has been referred to the Joint Committee on Environment.
Connecticut House Bill 6726 would enhance procedures for the prevention and containment of contagious and infectious diseases in livestock and authorize the regulation and inspection of facilities that produce and process rabbits for human consumption. The bill has been referred to the Joint Committee on Environment.
Case Law Updates
Federal Court Updates
FWS Agrees to Deadline to Determine Whether Greater Legal Protections for Leopards Are Warranted
The U.S. Fish & Wildlife Service (FWS) entered a stipulated settlement in an Endangered Species Act (ESA) lawsuit brought by Humane Society International, the Humane Society of the United States, and the Center for Biological Diversity challenging FWS’ failure to respond to the groups’ July 2016 petition for rulemaking seeking greater legal protections for leopards. The split-listing of leopards as endangered in certain areas and threatened in others has allowed trophy hunting to decimate the remaining population. As part of the settlement, FWS agreed to a June 2027 deadline to determine if leopards warrant increased ESA protection.
The U.S. Fish & Wildlife Service (FWS) entered a stipulated settlement in an Endangered Species Act (ESA) lawsuit brought by Humane Society International, the Humane Society of the United States, and the Center for Biological Diversity challenging FWS’ failure to respond to the groups’ July 2016 petition for rulemaking seeking greater legal protections for leopards. The split-listing of leopards as endangered in certain areas and threatened in others has allowed trophy hunting to decimate the remaining population. As part of the settlement, FWS agreed to a June 2027 deadline to determine if leopards warrant increased ESA protection.
Paul Mitchell Faces Class Action Over Cruelty-Free Hair Care Claims
John Paul Mitchell Systems (“Paul Mitchell”) is facing a class action lawsuit in the U.S. District Court for the Northern District of California over the hair care company’s “Never have. Never will.” promise never to test on animals. Putative class members, all purchasers who relied on the company’s cruelty-free representations, claim that Paul Mitchell’s extensive marketing as a “cruelty-free” company constitutes a breach of express warranty and a violation of California consumer protection laws, false advertising laws, and unfair competition laws since Paul Mitchell has been selling products for years in China, a country that mandates animal testing for imported cosmetics. Plaintiffs are seeking injunctive relief, restitution, and punitive damages.
John Paul Mitchell Systems (“Paul Mitchell”) is facing a class action lawsuit in the U.S. District Court for the Northern District of California over the hair care company’s “Never have. Never will.” promise never to test on animals. Putative class members, all purchasers who relied on the company’s cruelty-free representations, claim that Paul Mitchell’s extensive marketing as a “cruelty-free” company constitutes a breach of express warranty and a violation of California consumer protection laws, false advertising laws, and unfair competition laws since Paul Mitchell has been selling products for years in China, a country that mandates animal testing for imported cosmetics. Plaintiffs are seeking injunctive relief, restitution, and punitive damages.
FWS Facing ESA Citizen Suit Over Failure to Protect the Common Hippopotamus
Humane Society International, the Humane Society of the United States, Humane Society Legislative Fund, and the Center for Biological Diversity sent a 60-day notice of intent to sue the U.S. Fish & Wildlife Service (FWS) for failing to respond to a March 2022 petition for rulemaking to protect the common hippopotamus under the Endangered Species Act.
Humane Society International, the Humane Society of the United States, Humane Society Legislative Fund, and the Center for Biological Diversity sent a 60-day notice of intent to sue the U.S. Fish & Wildlife Service (FWS) for failing to respond to a March 2022 petition for rulemaking to protect the common hippopotamus under the Endangered Species Act.
Miyoko’s Creamery Files Suit Against Its Founder and Former CEO for Alleged Theft of Trade Secrets
Miyoko’s PBC (the Company) filed a lawsuit in the U.S. District Court for the Northern District of California against its founder and former CEO, Miyoko Schinner, for Schinner’s alleged “theft” of “trade secrets and confidential information” following her termination as CEO by the Company’s Board of Directors in 2022. The complaint alleges that Schinner electronically took R&D and proprietary recipes and other trade secrets, and physically removed cheese cultures and unreleased product prototypes from the Company’s warehouse. The Company has demanded a jury trial and is seeking injunctive relief in addition to actual, punitive, and exemplary damages.
Miyoko’s PBC (the Company) filed a lawsuit in the U.S. District Court for the Northern District of California against its founder and former CEO, Miyoko Schinner, for Schinner’s alleged “theft” of “trade secrets and confidential information” following her termination as CEO by the Company’s Board of Directors in 2022. The complaint alleges that Schinner electronically took R&D and proprietary recipes and other trade secrets, and physically removed cheese cultures and unreleased product prototypes from the Company’s warehouse. The Company has demanded a jury trial and is seeking injunctive relief in addition to actual, punitive, and exemplary damages.
State Court Updates
Advocacy Groups Seek Cruelty Charges Against Wisconsin Meat Processor
Animal Partisan and Animal Equality asked the Walworth County, Wisconsin District Attorney to file criminal charges against the general manager of Wilson Farm Meats for abusing a steer while forcing him into restraints for slaughter. The abuse was documented by a U.S. Department of Agriculture inspector who observed the event on March 9, 2022. The USDA temporarily suspended operations at Wilson Farm following the incident.
Animal Partisan and Animal Equality asked the Walworth County, Wisconsin District Attorney to file criminal charges against the general manager of Wilson Farm Meats for abusing a steer while forcing him into restraints for slaughter. The abuse was documented by a U.S. Department of Agriculture inspector who observed the event on March 9, 2022. The USDA temporarily suspended operations at Wilson Farm following the incident.
Agency Updates
FWS is Soliciting Public Input on CITES Master’s Course Information Collection
The U.S. Fish & Wildlife Service (FWS) is soliciting public input on a proposed information collection relating to its sponsored scholars at the International University of Andalucía’s master's degree program entitled “The Management and Conservation of Species in Trade: The International Framework” (also known as the “CITES Master's Course”). The program aims to help conservation professionals gain the technical expertise to combat wildlife trafficking. FWS is accepting public comments on its information collection through April 17, 2023.
The U.S. Fish & Wildlife Service (FWS) is soliciting public input on a proposed information collection relating to its sponsored scholars at the International University of Andalucía’s master's degree program entitled “The Management and Conservation of Species in Trade: The International Framework” (also known as the “CITES Master's Course”). The program aims to help conservation professionals gain the technical expertise to combat wildlife trafficking. FWS is accepting public comments on its information collection through April 17, 2023.
USDA Seeks Public Input for National Organic Standards Board Meeting
The U.S. Department of Agriculture (USDA) announced a meeting of the National Organic Standards Board (NOSB). The NOSB assists the USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act. The USDA is accepting written comments and oral comment sign-ups through April 5, 2023, and will hold virtual and in-person meetings for public input on April 18, 20, 25, 26, and 27.
The U.S. Department of Agriculture (USDA) announced a meeting of the National Organic Standards Board (NOSB). The NOSB assists the USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act. The USDA is accepting written comments and oral comment sign-ups through April 5, 2023, and will hold virtual and in-person meetings for public input on April 18, 20, 25, 26, and 27.
NMFS Seeks Public Comments on Proposed Additions to Marine Life Conservation Agreement
The National Marine Fisheries Service (NMFS) announced the nomination of multiple species of sharks, rays, reptiles, and fish to the Annexes of the Cartagena Convention on Specially Protected Areas and Wildlife, a regional agreement for the protection and development of the marine environment of the wider Caribbean. NMFS is soliciting comments on the nominations through March 16, 2023.
The National Marine Fisheries Service (NMFS) announced the nomination of multiple species of sharks, rays, reptiles, and fish to the Annexes of the Cartagena Convention on Specially Protected Areas and Wildlife, a regional agreement for the protection and development of the marine environment of the wider Caribbean. NMFS is soliciting comments on the nominations through March 16, 2023.
USDA Adds Thailand and North Macedonia to List of Regions Affected by African Swine Fever
The U.S. Department of Agriculture (USDA) announced that it added the Kingdom of Thailand and the Republic of North Macedonia to the list of regions that the USDA’s Animal and Plant Health Inspection Service considers to be affected by African swine fever. These additions are effective January 20, 2022 and February 3, 2022, respectively.
The U.S. Department of Agriculture (USDA) announced that it added the Kingdom of Thailand and the Republic of North Macedonia to the list of regions that the USDA’s Animal and Plant Health Inspection Service considers to be affected by African swine fever. These additions are effective January 20, 2022 and February 3, 2022, respectively.
FWS Proposes Removal of ESA Protections for Southeast Population of Wood Stork
The U.S. Fish & Wildlife Service announced a proposal to remove the Southeast U.S. distinct population segment of the wood stork from the Federal List of Endangered and Threatened Wildlife due to the species’ recovery. FWS is accepting comments on the proposed delisting through April 17, 2023.
The U.S. Fish & Wildlife Service announced a proposal to remove the Southeast U.S. distinct population segment of the wood stork from the Federal List of Endangered and Threatened Wildlife due to the species’ recovery. FWS is accepting comments on the proposed delisting through April 17, 2023.
FWS Considering Request from BP for MMPA Authorization to Harass Polar Bears
The U.S. Fish and Wildlife Service (FWS) is considering a request from British Petroleum America Production Company for the authorized incidental take by harassment of multiple Southern Beaufort Sea polar bears between issuance and December 14, 2023, during the closure, remediation, and rehabilitation of Foggy Island Bay State No. 1 gravel pad in Prudhoe Bay, Alaska. The abandoned pad contains contaminated materials and foam insulation surrounding an exploratory well. FWS will accept comments on the proposed authorization through March 17, 2023.
The U.S. Fish and Wildlife Service (FWS) is considering a request from British Petroleum America Production Company for the authorized incidental take by harassment of multiple Southern Beaufort Sea polar bears between issuance and December 14, 2023, during the closure, remediation, and rehabilitation of Foggy Island Bay State No. 1 gravel pad in Prudhoe Bay, Alaska. The abandoned pad contains contaminated materials and foam insulation surrounding an exploratory well. FWS will accept comments on the proposed authorization through March 17, 2023.
Conservation Groups Seek Oregon ESA Protection for Southern Resident Orcas
The Center for Biological Diversity, Defenders of Wildlife, and Whale and Dolphin Conservation filed a petition with the Oregon Department of Fish and Wildlife to protect Southern Resident orcas under the Oregon Endangered Species Act. The groups report that only seventy-three Southern Resident orcas remain.
The Center for Biological Diversity, Defenders of Wildlife, and Whale and Dolphin Conservation filed a petition with the Oregon Department of Fish and Wildlife to protect Southern Resident orcas under the Oregon Endangered Species Act. The groups report that only seventy-three Southern Resident orcas remain.
Department of Labor Fines Sanitation Company $1.5 Million for Using Child Labor in Slaughterhouses
The U.S. Department of Labor (DOL) announced that Packers Sanitation Services, Inc. (PSSI), one of the largest food safety sanitation service companies, has paid $1.5 million in civil penalties for violations of the Fair Labor Standards Act in connection with its unlawful use of more than one hundred children, some as young as thirteen years of age, for graveyard shifts cleaning the “killing floors” and “meat and bone cutting saws” at slaughterhouses owned by JBS USA, Tyson Foods, Cargill, and others. The DOL, which obtained a permanent injunction against PSSI in December 2022, reports that multiple children were injured due to the hazardous conditions.
The U.S. Department of Labor (DOL) announced that Packers Sanitation Services, Inc. (PSSI), one of the largest food safety sanitation service companies, has paid $1.5 million in civil penalties for violations of the Fair Labor Standards Act in connection with its unlawful use of more than one hundred children, some as young as thirteen years of age, for graveyard shifts cleaning the “killing floors” and “meat and bone cutting saws” at slaughterhouses owned by JBS USA, Tyson Foods, Cargill, and others. The DOL, which obtained a permanent injunction against PSSI in December 2022, reports that multiple children were injured due to the hazardous conditions.
FWS Proposal Would Allow Ranchers to Kill Certain Populations of Wolves in Colorado
The U.S. Fish and Wildlife Service (FWS) announced a proposal to establish a nonessential experimental population (NEP) of gray wolves in Colorado in response to a request by the state. Establishment of this NEP would provide for allowable, legal, purposeful, and incidental killing of the gray wolf within a defined NEP area. FWS will accept public comments through April 18, 2023. Some conservationists have criticized the proposal for allowing ranchers to shoot wolves on sight, on public lands, under some circumstances.
The U.S. Fish and Wildlife Service (FWS) announced a proposal to establish a nonessential experimental population (NEP) of gray wolves in Colorado in response to a request by the state. Establishment of this NEP would provide for allowable, legal, purposeful, and incidental killing of the gray wolf within a defined NEP area. FWS will accept public comments through April 18, 2023. Some conservationists have criticized the proposal for allowing ranchers to shoot wolves on sight, on public lands, under some circumstances.
Forest Service Accepting Public Comments on Plan for Grazing within National Forest in Central Washington
The U.S. Department of Agriculture’s Forest Service is accepting public comments on its Forest Plan Amendment for Planning and Management of Domestic Sheep and Goat Grazing Within the Range of Bighorn Sheep for the Okanogan-Wenatchee National Forest. The comment period is open through April 3, 2023.
The U.S. Department of Agriculture’s Forest Service is accepting public comments on its Forest Plan Amendment for Planning and Management of Domestic Sheep and Goat Grazing Within the Range of Bighorn Sheep for the Okanogan-Wenatchee National Forest. The comment period is open through April 3, 2023.
NMFS Opens Public Comment Period on Mystic Aquarium MMPA Permit Application
The National Marine Fisheries Service (NMFS) announced that Mystic Aquarium in Mystic, Connecticut has applied for a permit to collect, receive, import, and export marine mammal parts for scientific research. The comment period is open through March 20, 2023.
The National Marine Fisheries Service (NMFS) announced that Mystic Aquarium in Mystic, Connecticut has applied for a permit to collect, receive, import, and export marine mammal parts for scientific research. The comment period is open through March 20, 2023.
NMFS Opens Public Comment Period on ESA Permit Applications for Anadromous Species Research
The National Marine Fisheries Service (NMFS) announced that it has received seventeen Endangered Species Act scientific research permit application requests relating to Pacific salmon, steelhead, green sturgeon, rockfish, and eulachon. NMFS will accept public comments on the applications through March 20, 2023.
The National Marine Fisheries Service (NMFS) announced that it has received seventeen Endangered Species Act scientific research permit application requests relating to Pacific salmon, steelhead, green sturgeon, rockfish, and eulachon. NMFS will accept public comments on the applications through March 20, 2023.
USDA Publishes Standards for Birds Not Used in Research
The U.S. Department of Agriculture (USDA) announced final Animal Welfare Act regulations to establish standards governing the humane handling, care, treatment, and transportation of birds not bred for use in research after half a century of abdicating its statutory responsibility to inspect such birds. The new rules are effective March 23, 2023.
The U.S. Department of Agriculture (USDA) announced final Animal Welfare Act regulations to establish standards governing the humane handling, care, treatment, and transportation of birds not bred for use in research after half a century of abdicating its statutory responsibility to inspect such birds. The new rules are effective March 23, 2023.
APHIS Announces Regulatory Changes for Canned Meat to Better Align with FSIS Guidelines
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it is revising the regulations for cured or cooked meat from regions where foot-and-mouth disease exists to reflect changes to the USDA's Food Safety and Inspection Service (FSIS) regulations regarding thermally processed, commercially sterile meat. The new regulations, which remove a reference to a regulation that FSIS removed, are effective February 21, 2023.
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it is revising the regulations for cured or cooked meat from regions where foot-and-mouth disease exists to reflect changes to the USDA's Food Safety and Inspection Service (FSIS) regulations regarding thermally processed, commercially sterile meat. The new regulations, which remove a reference to a regulation that FSIS removed, are effective February 21, 2023.
International Updates
Netherlands Faces Days of Violent Protests by Agriculture Operators Over Plan to Slash Emissions by 50% by 2030
The Dutch Prime Minister condemned a violent protest by farmers who oppose the country’s recently-approved proposal to curb emissions of certain pollutants, including ammonia and nitrogen oxide, by 50% by 2030. The agricultural sector has voiced its anger claiming that the move could require farmers to use less fertilizer, causing them to reduce their livestock numbers and even force some farms to shut. During the multi-day protest, protestors confronted the Dutch Finance Minister with torches, set off fireworks outside the Agriculture Minister’s home, spread manure on streets, blocked highways, torched bales of hay, and attacked a police car. The Dutch National Police have fined dozens of protestors.
The Dutch Prime Minister condemned a violent protest by farmers who oppose the country’s recently-approved proposal to curb emissions of certain pollutants, including ammonia and nitrogen oxide, by 50% by 2030. The agricultural sector has voiced its anger claiming that the move could require farmers to use less fertilizer, causing them to reduce their livestock numbers and even force some farms to shut. During the multi-day protest, protestors confronted the Dutch Finance Minister with torches, set off fireworks outside the Agriculture Minister’s home, spread manure on streets, blocked highways, torched bales of hay, and attacked a police car. The Dutch National Police have fined dozens of protestors.