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Posted 17 October 2007
View legislative update (PDF)
With only eight states and the District of Columbia in regular or special session right now, the number of bills enacted this month is on the low side, but prefilings for 2008 are on the rise with 781 just last week.
The regulation of dog and cat breeders appears to be an emerging issue in state legislatures. Wisconsin is expected to be the latest state to introduce legislation aimed at regulating large scale dog breeders by requiring licensing, setting humane care standards and providing for reimbursement of veterinary bills for buyers who unknowingly buy sick dogs. Federal law only requires breeders who sell puppies wholesale or for research to obtain a federal license. The Wisconsin Department of Agriculture, Trade and Consumer Protection receives about a dozen complaints annually about puppy mills in the state, while the state's humane officer apparently gets even more.
Illinois, Massachusetts, Montana, Ohio, Pennsylvania and Virginia considered dog and cat breeder regulation this year, while the Minnesota VMA is currently engaged in the drafting process after several breeder bills were defeated during the past legislative session. A proposal still pending in the District of Columbia would classify any individual with an intact dog or cat as a commercial breeder and subject to licensure and inspections.
Courts and regulatory agencies continue to make decisions that impact animals and veterinary medicine. A three-judge panel of the U.S. Seventh Circuit Court of Appeals upheld an Illinois law on Sept. 21 that bans the slaughter of horses for human consumption, delivering what is likely the final blow to Cavel International, the last remaining horse rendering plant in the United States. The state banned the practice earlier this year, but the plant had been operating while the court of appeals made its decision. The court cited measures banning bullfights and cockfights to help explain why it was upholding the law, a somewhat unusual rationale. "States have a legitimate interest in prolonging the lives of animals that their population happens to like," the panel wrote.
The horse slaughter plant closings have shifted the focus of the issue to exports abroad, which are legal in the absence of federal legislation. Several media reports have detailed increased abandonment and neglect of horses in the U.S., an increase in horse exports to Mexico and the inhumane death of horses in that country, leading proponents of the federal legislation to continue lobbying. In a press release, AVMA responded that, as they warned earlier, simply passing horse slaughter bills will not get rid of the problem of unwanted horses. Meanwhile, Texas State Rep. Warren Chisum is asking that state's attorney general whether horse meat intended for human consumption can be stored in and transported across Texas without it being taxed.
On Oct. 10, the California Supreme Court denied the California Veterinary Medical Association's petition for appeal of the decision to uphold the city of West Hollywood's ordinance prohibiting veterinarians from declawing animals. The city has the authority to "set minimum standards for the humane treatment of animals within its borders," the court said in a 2-1 ruling. It said a city can regulate the conduct of professionals as long as it does not prohibit procedures that state law expressly allows. AVMA and several other professional associations supported the petition of appeal. The potential of local regulations undermining state veterinary practice acts across the country led the AVMA State Advocacy Committee to submit a recommendation to the association's Executive Board to approve a policy stating that state governments, rather than local governments, are the appropriate entities to regulate the practice of veterinary medicine, including allowing or restricting veterinary procedures. The Executive Board will consider the recommendation at its Nov. 16-17 meeting.
The Tennessee Board of Veterinary Medical Examiners adopted wide-ranging veterinary practice regulations. These include definition of accepted livestock management practices, requiring indirect supervision of unlicensed individuals administering prescription drugs or medicines to horses and livestock. The rules clarify what are appropriate procedures for unlicensed persons to perform on non-equine livestock, such as artificial insemination, implantation of frozen embryos, deworming, and administration of over-the-counter drugs, medicines, and biologics.
The District of Columbia Zoning Commission approved final rules allowing most veterinary hospitals to continue as a permitted use within the city's residential zone districts. A new definition was created for "veterinary boarding hospitals," which board animals as an independent line of business and will be zoned as special exception uses. The original version of the regulation proposed special exception use for all veterinary hospitals. AVMA joined DCVMA in opposing that proposal as adversely impacting access to veterinary services, especially in underserved areas of the city.
The link at the top of the page takes you to the latest chart of significant pending bills and regulations from around the country. Thank you for keeping the AVMA informed about developments in your state, and please contact us if we can assist you with your advocacy efforts.
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