Animal Law Legislative Updates

Animals in Agriculture

New York Bill Would Require Establishment of a Plant-Based Agriculture Grant Program

By: Michael Swistara

In May, New York State Senator Jabari Brisport (D-25th Senate District) introduced SB S9656 (companion Assembly Bill A1678). It would establish a plant-based agriculture grant program in New York to help "small to midsize farms to transition the use of the land from raising livestock or growing feed crops to plant-based agriculture." The bill, which would be an important step in transitioning New York to a less cruel, more environmentally friendly agriculture system, has been referred to the Senate Agriculture Committee.

Companion Animals

Gains and Losses for Companion Animals

By: Thomas Mugavero

There have been losses and gains over the past few months.

On the loss side, in Indiana, P.L. 4-2024 was adopted prohibiting counties, municipalities and townships from restricting the retail sales of dogs in pet stores – although it imposes inspection requirements on those pet stores and on commercial breeders. In Utah, the governor signed House Bill 249, which prohibits governmental authorities from granting or recognizing personhood to, among other things, “nonhuman animal or any other member of a taxonomic domain that is not a human being.” And Tennessee enacted legislation barring live animals from “all indoor areas of food service establishments” (excluding service animals). Live or dead fish bait is permitted, as long as there is no risk of contamination.

On the gain side, Tennessee enacted House Bill 2079, granting veterinarians immunity for good faith participation in judicial or administrative proceedings involving animal cruelty. Washington State enacted House Bill 1012, which establishes an “extreme weather response grant program” to assist both humans and their pets “during periods of extremely hot or cold weather or in situations of severe poor air quality from wildfire smoke.” Virginia enacted House Bill 223, prohibiting animal cruelty offenders from owning animals for the rest of their lives. Also, Virginia House Bill 1354 prevents veterinarians from declawing cats, except for “therapeutic purposes”.

Equine Law

Federal Trade Commission Proposes Rules to Rein in HISA

By: Fiona Farrell

On February 8, 2024 the Federal Trade Commission (FTC) published a notice of proposed rulemaking to increase the FTC’s oversight of the Horseracing Integrity and Safety Authority (HISA) and to improve HISA’s integrity and transparency. The regulations would require HISA to publish annual and semi-annual performance and financial reports; to submit five year strategic and performance plans; and to manage enterprise risk.

HISA would be required to describe its cooperation with the states, provide summaries of its final civil sanctions, detail its progress in meeting performance measures, detail the actions and composition of HISA’s Board of Directors and HISA’s standing committees, inform the FTC about the relationship between HISA and the anti-doping and medication control enforcement agency (HIWU), summarize all litigation HISA is party to, list all subpoenas HISA issues, and report where HISA needs to improve its operations and how it intends to do so.

The FTC recommends HISA increase communications with the FTC, maintain detailed records and information, submit Board of Directors meeting minutes within 15 days of meetings, create hiring and compensation guidelines, increase its public accessibility, improve customer service, and reduce travel and lodging spending. HISA would have to publish its annual financial and performance reports and strategic plans on its website; provide advance notice to the FTC of all significant HISA-planned events; and summarize HISA events on its website.

Comments were received from ten parties. As of June 1, 2024 no final rule had been issued.

Animals in Science and Technology

Virginia Establishes a Task Force on Transparency in Publicly Funded Animal Testing Facilities

By: Sadie Jacobs

On April 8, 2024, Virginia Governor Glenn Youngkin signed into law Senate Bill 411 (corresponding House Bill 580). The bill mandates the establishment of the Task Force on Transparency in Publicly Funded Animal Testing Facilities in Virginia. Encompassing legislators and stakeholders, including representatives from various educational institutions, animal welfare groups, and media associations, the Task Force is set to evaluate deficiencies in publicly funded animal testing facilities and propose measures to enhance transparency. The Task Force must submit its findings and recommendations to relevant legislative committees by November 1, 2024, with the aim of improving public access to information regarding animal testing practices in Virginia. This initiative reflects a concerted effort by lawmakers to address concerns and promote accountability in animal research endeavors.

While proponents have praised the bill's intentions to enhance transparency, it faced notable agency pushback during the legislative process. Critics also argued that certain provisions were watered down before the bill's passage, potentially diluting its impact. Despite these challenges, the bill represents a significant step towards addressing concerns surrounding publicly funded animal testing facilities in Virginia, albeit amidst ongoing debates regarding the balance between transparency and regulatory oversight in research practices.

International Issues

Ban on Forced Swim Test and Forced Smoke Inhalation Procedures in NSW, Australia

By Elaine Cheung

On March 25, 2024, the Parliament of New South Wales enacted the Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Act 2024 (NSW) which amends the Animal Research Act 1985 (NSW) to prohibit the use of ‘forced swim tests’ and ‘forced smoke inhalation procedures,’ which are inhumane testing methods used in animal research.

The forced swim test involves placing an animal (other than a fish, usually a rodent) in an inescapable transparent cylindrical container filled with water, where the animal is forced to swim until they become exhausted or shows signs of helplessness or despair. The forced swim test has been an unreliable test of the effectiveness of antidepressants for treating depression, with the theory being that animals given effective medication (dosed animals) will swim longer before they stop struggling as opposed to animals who have not been given any medication (control animals). By comparing the duration of swimming and floating times of the dosed animals and control animals, the forced swim test purports to demonstrate whether or not a potential new antidepressant is likely to be effective, before it undergoes further testing. Any animal research that is conducted with the effect, or likely effect, of protecting or promoting the welfare of the animal that is being subjected to the test (such as hydrotherapy) is excluded from being classified as a forced swim test.

A forced smoke inhalation procedure involves forcing an animal to inhale substances, such as smoke, by restraining the animal and administering smoke directly to the animal’s nose or whole body. Forced smoke inhalation experiments have been used to create models to study respiratory conditions (such as lung cancer and emphysema) as well as the link between smoking cigarettes and other conditions, including cardiovascular and gastrointestinal diseases.

Both tests had been widely criticised for the severe fear, suffering, and distress they cause in animals who are forced to endure these tests and are often culled en masse once the tests have been completed.

By prohibiting both the forced swim test and forced smoke inhalation procedures, New South Wales, Australia becomes the first jurisdiction in the world to ban these tests.