Brooks Animal Law Digest

Senate Bill 792, the “Haulers of Agriculture and Livestock Safety (HAULS) Act of 2021,” would eliminate the requirement that agriculture and livestock hours-of-service exemptions apply only during state-designated planting and harvesting seasons. It would also authorize an exemption from hours-of-service requirements when transporting livestock or agricultural products within a 150-mile radius of their source or destination. The full text of the bill is available here.

Virginia Governor Ralph Northam has signed into law Senate Bill 1274 which directs agencies to consider and incorporate wildlife corridors and recommendations of the Wildlife Corridor Action Plan when developing outdoor recreational facilities, forestry plans, transportation plans, or any other governmental strategic map, plan, or action.

Arizona Governor Doug Ducey has signed into law House Bill 2507 which will require landlords to retrieve tenants’ companion animals in the case of tenant death or incapacitation and deliver the animals to the tenant’s relatives or an animal shelter if no relatives are available.

Nevada Assembly Bill 399 would prohibit the confinement of a hen used to produce eggs in an enclosure that is not a cage-free housing system. The bill would also prohibit confining a hen in a cage-free housing system that has “less than one square foot of usable floor space per egg-laying hen if the cage-free housing system provides egg-laying hens with unrestricted access to elevated flat platforms in a multi-tiered aviary or partially slatted system” or one that has less than “one and one-half square feet of usable floor space per egg-laying hen if the cage-free housing system does not provide unrestricted access to elevated flat platforms in a single-level, all-litter floor system.” The bill would additionally prohibit “farm owners or operators” from selling or transporting eggs or egg products without having been issued a certificate by the state Department of Agriculture that those products were produced by an egg-laying hen who was confined in a manner that complies with the bills requirements.

Louisiana House Bill 231 would repeal the state’s current requirement that all dogs used in fighting be euthanized and instead require all animals seized from fighting operations be “individually assessed by a veterinarian or custodian to determine whether the animal is suitable for placement.” The bill would also require seizing officers to appoint a licensed veterinarian or other suitable custodian to care for any such seized animals.

A federal judge has denied the United States Department of Agriculture’s Motion to dismiss a case brought by the Humane Society of the United States, Farm Sanctuary, and Mercy for Animals alleging that the agency’s adoption of a response plan to avian flu is a violation of the Administrative Procedure Act, the National Environmental Procedure Act, and the Council on Environmental Quality regulations.

In a case brought by the United Food and Commercial Workers Union, a Minnesota federal judge has held that the USDA’s Food Safety and Inspection Service’s adoption of the New Swine Inspection System (eliminating line speed limits) violated the Administrative Procedure Act because the agency rejected extensive public comment and eliminated line speed limits without considering the impact on worker safety.

The Center for Biological Diversity has filed suit against the Fish and Wildlife Service alleging that the agency’s failure to list ten species allegedly due to prioritizing listing other species violates the Administrative Procedure Act. The species the agency failed to list include the northern spotted owl, monarch butterfly, Peñasco least chipmunk, and several aquatic animals.

In furtherance of the Consumer Product Safety Commission’s policy to “find alternatives to traditional animal testing that replace animals, reduce the number of animals tested, and decrease the pain and suffering in animals associated with testing household products,” the agency has announced the availability of proposed guidance on evaluating those alternative test methods. The agency is accepting comments on the proposed guidance until June 14, 2021.

A new study by Oliver Lazarus, Sonali McDermid, and Jennifer Jacquet published in Climatic Change, “The Climate Responsibilities of Industrial Meat and Dairy Producers,” evaluates the largest meat and dairy companies’ commitments to positive change and transparency regarding climate.

Senate Bill 792, the “Haulers of Agriculture and Livestock Safety (HAULS) Act of 2021,” would eliminate the requirement that agriculture and livestock hours-of-service exemptions apply only during state-designated planting and harvesting seasons. It would also authorize an exemption from hours-of-service requirements when transporting livestock or agricultural products within a 150-mile radius of their source or destination. The full text of the bill is available here.

Senate Bill 713, the “Safe Line Speeds During COVID-19 Act of 2021,” would direct the Secretary of Agriculture to temporarily suspend current and future waivers that allow for increased line speeds or reduced inspection staffing at meat and poultry slaughterhouses. The bill would also formally suspend implementation of the “New Swine Slaughter Inspection System” detailed in the final rule published in the Federal Register on October 1, 2019 and mandate a review of actions taken by federal agencies in response to the COVID–19 pandemic “to determine the effectiveness of those actions in protecting animal, food, and worker safety.” The full text of the bill is available here.

South Dakota Governor Kristi Noem has signed into law House Bill 1153 which will declare an emergency and authorize the Board of Regents to contract for the design and construction of a new dairy research and extension farm on the campus of South Dakota State University.

Virginia Governor Ralph Northam has signed into law Senate Bill 1274 which directs agencies to consider and incorporate wildlife corridors and recommendations of the Wildlife Corridor Action Plan when developing outdoor recreational facilities, forestry plans, transportation plans, or any other governmental strategic map, plan, or action.

Indiana Governor Eric Holcomb has signed into law Senate Bill 53 which will require any veterinarian, biomedical researcher, public health official, zoo or wildlife personnel, or custodian of an animal who knows or has reason to suspect that an animal is suffering from a disease deemed reportable by the board of animal health to report the occurrence within 24 hours of discovery (reduced from the previous 48-hour requirement).

Arizona Governor Doug Ducey has signed into law House Bill 2507 which will require landlords to retrieve tenants’ companion animals in the case of tenant death or incapacitation and deliver the animals to the tenant’s relatives or an animal shelter if no relatives are available.

South Carolina House Bill 4094 would require un-sterilized and un-microchipped dogs who display physical traits of an “American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier” to be registered with the local animal control authority by their guardians––who also may request testing to determine the dogs’ breed. Exemptions include dogs used for hunting and national shows. The bill directly states that the purpose is not to ban “pit bull” dogs, but rather to reduce both the number currently being euthanized in shelters and the frequency of bites by unaltered dogs.

Minnesota House Bill 2276 would increase the age of residents and non-residents allowed to hunt and fish in the state without obtaining a license from 16 to 18 years old.

Georgia Senate Bill 303 would set standards for commercial dog breeders, including requirements for housing, bedding, outdoor access, veterinary care, grooming, breeding, euthanasia, disposal, and record-keeping. The bill would prohibit breeding female dogs more than once per year and require commercial breeders to sterilize all dogs by 5 years of age. Under the proposed regulations, “commercial breeder” would be defined as “any person or business entity possessing more than two dogs who breeds such dogs in order to sell or barter their progeny.”

New York Assembly Bill 6560 would require that veterinarians report to the state Department of Agriculture and Markets the cause of death (and allow them to disclose relevant records) for a companion animal if the death was due to illness, disease, or congenital condition and the death occurs within six months of obtaining the animal from a pet dealer. The bill also would authorize the commissioner to conduct an inspection of dealers’ facilities.

New York Senate Bill 5875 would prohibit the slaughter, possession, export, sale, and transfer of ownership of a horse “where such person knows or should know that any part of such horse will be used for human consumption.”

Minnesota Senate Bill 2207 would prohibit the euthanasia of any companion animal by the use of carbon monoxide, carbon dioxide, or other non-anesthetic gas.

New Jersey Senate Bill 3546 would require the state Department of Environmental Protection to study and make a determination as to whether the monarch butterfly should be designated as an endangered species in the state. The bill would require the agency to report those findings to the Governor within one year.

Pennsylvania House Bill 940 would make it a third degree felony to “torture, mutilate, injure, disable, poison or kill a police animal while engaged as a principal or an accomplice in the perpetration of a felony.” The bill would also make it a first-degree misdemeanor to “recklessly torture, mutilate, injure, disable, poison or kill a police animal.”

Maine House Bill 760 would remove the exemption that categorizes agricultural workers separately from “employees.” This change would ensure agricultural workers are covered by laws that place limits on mandatory overtime and set minimum wage and overtime rates.

Maine House Bill 761 would include balloons among the definition of “litter” and prohibit the intentional release of a balloon outdoors. The residue from such balloons can be hazardous to wildlife.

Nevada Assembly Bill 399 would prohibit the confinement of a hen used to produce eggs in an enclosure that is not a cage-free housing system. The bill would also prohibit confining a hen in a cage-free housing system that has “less than one square foot of usable floor space per egg-laying hen if the cage-free housing system provides egg-laying hens with unrestricted access to elevated flat platforms in a multi-tiered aviary or partially slatted system” or one that has less than “one and one-half square feet of usable floor space per egg-laying hen if the cage-free housing system does not provide unrestricted access to elevated flat platforms in a single-level, all-litter floor system.” The bill would additionally prohibit “farm owners or operators” from selling or transporting eggs or egg products without having been issued a certificate by the state Department of Agriculture that those products were produced by an egg-laying hen who was confined in a manner that complies with the bills requirements.

Louisiana House Bill 231 would repeal the state’s current requirement that all dogs used in fighting be euthanized and instead require all animals seized from fighting operations be “individually assessed by a veterinarian or custodian to determine whether the animal is suitable for placement.” The bill would also require seizing officers to appoint a licensed veterinarian or other suitable custodian to care for any such seized animals.

The Eighth Circuit has affirmed a 2019 denial of Tofurky’s request for a preliminary injunction in a case challenging Missouri’s law that criminalizes representing a product as “meat that is not derived from harvested production livestock or poultry.”

A federal judge has denied the United States Department of Agriculture’s Motion to dismiss a case brought by the Humane Society of the United States, Farm Sanctuary, and Mercy for Animals alleging that the agency’s adoption of a response plan to avian flu is a violation of the Administrative Procedure Act, the National Environmental Procedure Act, and the Council on Environmental Quality regulations.

A federal judge has granted the Occupational Safety and Health Administration’s request to dismiss a lawsuit brought against it by workers in the meatpacking industry seeking a writ of mandamus to compel the agency to obtain a court order directing a meatpacking plant “to abate imminent dangers to its employees related to the transmission of COVID-19.” The court determined that the relevant section of the Occupational Safety and Health Act “affords employees relief only in those instances where the Secretary has been presented with a finding of imminent danger by an OSHA inspector and has arbitrarily and capriciously rejected the recommendation to take legal action.”

A federal judge has held that the National Marine Fisheries Service’s approval of a five-year oil and gas exploration plan violated the Administrative Procedure Act because the agency made an arbitrary and capricious determination that noise pollution from the exploration would not constitute any take by harassment to the beluga whales living in the area.

In a case brought by the United Food and Commercial Workers Union, a Minnesota federal judge has held that the USDA’s Food Safety and Inspection Service’s adoption of the New Swine Inspection System (eliminating line speed limits) violated the Administrative Procedure Act because the agency rejected extensive public comment and eliminated line speed limits without considering the impact on worker safety.

The Center for Biological Diversity has filed suit against the Fish and Wildlife Service alleging that the agency’s failure to list ten species allegedly due to prioritizing listing other species violates the Administrative Procedure Act. The species the agency failed to list include the northern spotted owl, monarch butterfly, Peñasco least chipmunk, and several aquatic animals.

The National Marine Fisheries Service has announced it is once again extending the public comment period for its proposed rule establishing critical habitat for seven threatened corals in U.S. waters in the Indo-Pacific under the Endangered Species Act by 60 days. The agency is now accepting comments until May 26, 2021.

The National Marine Fisheries Service has announced it is beginning a 5-year review for the Banggai cardinalfish under the Endangered Species Act and is seeking information on the species that has become available since its listing in 2016.

In furtherance of the Consumer Product Safety Commission’s policy to “find alternatives to traditional animal testing that replace animals, reduce the number of animals tested, and decrease the pain and suffering in animals associated with testing household products,” the agency has announced the availability of proposed guidance on evaluating those alternative test methods. The agency is accepting comments on the proposed guidance until June 14, 2021.

A new study by Oliver Lazarus, Sonali McDermid, and Jennifer Jacquet published in Climatic Change, “The Climate Responsibilities of Industrial Meat and Dairy Producers,” evaluates the largest meat and dairy companies’ commitments to positive change and transparency regarding climate.