On Wednesday, August 21, 2019, the U.S. Department of Transportation published a “Final statement of enforcement priorities regarding service animals.” 84 FR 43480-01, 2019 WL 3934886 (F.R.). Unfortunately, as several...more
The Swine Health Protection Act (7 U.S.C. 3801, et seq.), enacted in 1980, regulates food waste fed to swine and helps ensure that it is properly treated to kill disease causing organisms....more
A NJ bill just introduced would prohibit enforcement of provision in decedent’s will that would require euthanasia of healthy domestic companion animal. ...more
In a 6-3 decision, SCOTUS rejected the “substantial competitive harm” test, as applied to FOIA’s Exemption 4, established by the D. C. Circuit in National Parks & Conservation Assn. v. Morton, 498 F. 2d 765, 767 (D.C. Cir....more
Can veterinarians comply with state and federal requirements for the Veterinary Client Patient Relationship and practice via telemedicine?
Nearly, if not all states, have some requirements regarding the establishment and...more
I was recently a panelist at the 2019 annual meeting of the New Jersey State Bar Association discussing legal issues about how to share pets after divorce. As pets become increasingly important in many households in the...more
Rabies is a nearly 100% fatal disease when unvaccinated animals and humans are exposed. As previously discussed the risk of exposure to rabies from dogs imported from other countries, especially from Egypt, has increased...more
On October 30, 2018, the U.S. Food and Drug Administration “announced the Plant and Animal Biotechnology Innovation Action Plan to outline the key priorities the agency will pursue to support innovation in plant and animal...more
I attended the Annual Conference of the Food and Drug Law Institute held in Washington, D.C. on May 2-3, 2019, a truly informative and well-orchestrated conference that included sessions discussing all manner of issues facing...more
Oregon HB 2804 was soundly defeated after hearing testimony from dog enthusiasts and veterinarians in a dogged effort by Patti Strand and the National Animal Interest Alliance (NAIA) to educate the legislators about the harm...more
As previously described, FDA has updated its Draft Guidance for Industry, #120, regarding the Veterinary Feed Directive Regulation.
The intersection of federal and state law impacted by this regulation is interesting....more
FDA recently released an edited version of its previously released guidance on the Veterinary Feed Directive Regulation fashioned as questions and answers.
Some of the edited and added Q&A will be discussed in future...more
As part of its activities Wildlife Services (WS) provides assistance to private and public entities, including tribes and other governmental agencies, when requested to develop programs in cooperation with “land and animal...more
New Jersey bills S3551 and A5040 would require a vaccination schedule that is inconsistent with veterinary recommendations.
For example, the bills would require that “if the animal is a dog, [it] has received its first...more
Rocky’s Law, S3551 and its companion A5040, would require the mandatory registration of animal rescue organizations, as opposed to the current laws providing for voluntary registration. They would also would require all...more
HB 688, introduced on January 3, 2019, would-
I. Makes changes to the definition of pet vendor and defines hobby breeder.
II. Establishes the companion animal welfare division in the department of agriculture,...more
S3366 (Senator Stack) and identical bill A3684 (Assemblywomen Chaparro and McKnight) recently introduced bills that would expand the requirements of notification to animal owners before their animals were tested for rabies...more
Arizona bill HB 2328, a bill titled “pet dealers: purchaser remedies” includes a repeal of Section 44-1799.11 of the Arizona Revised Statutes in the last line of the bill. That section has nothing to do with purchaser...more
Virulent Newcastle disease (VND), formerly known as Exotic Newcastle Disease, and African Swine Fever outbreaks continue to impact poultry in California and hogs in China, respectively. Notably, these diseases are largely...more
Bill A-4840 in the New Jersey Assembly, as currently drafted would interfere with the veterinarian-client-patient relationship and a pet owners ability to determine the proper care for their pets, and would provide animals...more
The National Organic Program (NOP) is the regulatory program administered by USDA’s Agricultural Marketing Services agency that implements the Organic Foods Production Act of 1990, subsequently amended and its related...more
Some happenings at USDA and FDA that may impact your business are noteworthy.
On November 16, 2018 FDA released for public comment “proposed research to validate an alternative approach for bioequivalence studies for...more
In a prior blog I discussed proposed amendments to Oregon’s animal cruelty statute that would provide for statutory standing to any plaintiff who files a complaint against any animal owner for alleged violations of the...more
An untitled proposal to amend Oregon’s Animal Cruelty statute was posted by the Oregon Secretary of State on November 14, 2018 and is available on its website.
The proposed amendment does not appear to have been formally...more
Clinical trials are commonly used during the development of drugs studied for approval by FDA for the use in animals. Similar use in veterinary medicine has been increasing, but there are a number of interesting issues not...more