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Posted 14 May 2008
View legislative update (PDF)
With 27 legislatures having adjourned for the year, governors have signed into law several important pieces of legislation recently.
New laws
- Kansas adopted SB 491, creating a prescription monitoring program for health care professionals to electronically submit information to the Board of Pharmacy regarding the dispensing of schedule II through IV drugs. An amendment supported by the KVMA exempts veterinarians and establishes a first-in-the-nation task force to study the need for a veterinary prescription monitoring program.
- Minnesota adopted omnibus bill SB 3683, which contains a provision allowing a licensed chiropractor to engage in animal chiropractic care with registration, training and referral of the animal by a veterinarian.
- Nebraska LB 1172 creates an incentive program for up to four veterinarians a year to receive up to $80K, over a 4-year period, as an incentive to locate in rural Nebraska and practice food supply animal veterinary medicine. Nebraska LB 764 prohibits intentional tripping, causing to fall, roping the legs or dragging by the tail of equines or bovines for the purpose of entertainment, sport, practice or contest.
- Virginia HB 538 regulates commercial breeders, SB 592 enhances penalties for animal fighting and makes it illegal to attend an animal- fighting exhibition, and HB 1222 allows a veterinarian to provide free, volunteer service in the state under the auspices of a nonprofit organization.
- In Oklahoma, SB 1463 was signed into law banning computer-assisted remote control hunting of wildlife.
- In Georgia, Gov. Sonny Perdue, a veterinarian, signed HB 301, which toughens the penalties for dog fighting and prohibits attending a dog fight and breeding animals for fighting.
- Maine has become the 12th state to require veterinarians to report instances of animal abuse. HB 1545 requires veterinarians, who, while acting in a professional capacity, have reasonable cause to suspect that an animal is the subject of aggravated cruelty, to report the suspected violation. In cases where a veterinarian suspects that an animal is the subject of cruelty or neglect, the veterinarian may report the suspected violation.
- Maine also enacted HB 1394 to encourage ethical dog breeding and discourage puppy mills through a special task force. The bill requires the Maine Department of Agriculture to establish a working group to redefine breeding kennels and review the laws and regulations that apply. The group will submit a report by Jan. 15, 2009 to the Agriculture Committee on any needed changes to current law.
- In Iowa, Gov. Chet Culver signed into law SB 2203, which toughens penalties for people who watch dog fights. Under the new law, someone convicted of being a spectator at a dog fight could be sentenced to five years in prison and fined $7,500. The new law also applies to any event where animals are injured, tortured or killed.
California ballot initiative
California Secretary of State Debra Bowen certified the Prevention of Farm Animal Cruelty Act for the Nov. 4 general election after a sufficient number of signatures were collected. The measure would mandate a calf raised for veal, pregnant pig or egg-laying hen (chicken, duck, turkey, goose) must be allowed to lie down, stand up and turn around. It would effectively outlaw any kind of cage or tethering device that failed to let the animal have such a range of activity. Exceptions to the act include scientific or agricultural research; examination, testing, individual treatment or operation for veterinary purposes; during transportation; rodeo exhibitions, state or county fair exhibitions; programs and similar exhibitions; and during the seven-day period prior to a pig's expected date of giving birth. The act, if passed, will become effective Jan. 1, 2015. The initiative is estimated to affect some 20 million farm animals in the state, which is the fifth largest egg producing state.
International watch
An unusual new Swiss law, which takes effect on September 1, 2008, will expand protections for animals extensively. Dog owners will have to pay for and complete a two-part course including instruction in how to walk a dog. In addition, any animal classified as a "social species" will be a victim of abuse if it does not cohabit, or at least have contact, with others of its own kind. Specific regulations require that aquariums for pet fish should not be transparent on all sides and that owners must make sure that the natural cycle of day and night is maintained in terms of light, while fishermen will be required to complete a course on catching fish humanely. The regulations will affect farmers, who will no longer be allowed to tether horses, sheep and goats, nor keep pigs and cows in areas with hard floors. Animal protection groups have greeted the legislation enthusiastically, but critics point out the financial burden on taxpayers and animal owners. Farmers' associations argue that the law will have a negative effect on the economy and decrease their competitiveness on the international market.
Court watch
Ontario-based Menu Foods has agreed to settle lawsuits with pet owners in the U.S. and Canada related to the contamination of pet food products last year. Amy Schulman, a lawyer for Menu, said that the settlement will resolve all claims. In March 2007, Menu recalled tens of millions of containers of pet food after reports of illness and death of dogs and cats. The U.S. Food and Drug Administration found melamine, a chemical used to make plastics, in samples of Menu Foods' products. The melamine was traced to contaminated wheat gluten imported from China. Dozens of cases against Menu and many of the companies that own its private labels were consolidated in a federal court in Camden, N.J. The company expects court approval of the settlement shortly.
Texas Attorney General Greg Abbott issued an opinion to the effect that transporting horse meat through the state for human consumption elsewhere is illegal. Texas already bans sale or possession of horse meat for human consumption. The nation's last horse slaughter plants were closed following court rulings last year.
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 us informed on legislative developments in your state.
View legislative update (PDF)
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