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Titlesort descending Author Citation Alternate Citation Agency Citation Summary Type
European Union - Farming - Directive for Protection of Animals Official Journal L 221 , 08/08/1998 P. 0023 - 0027 COUNCIL DIRECTIVE 98/58/EC This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes. Administrative
European Union - Farming - Protection of Laying Hens Official Journal L 203, 3 August 1999, pp. 53–57 COUNCIL DIRECTIVE 1999/74/EC This Directive establishes minimum standards for the protection of laying hens, particularly in respect to the equipment, drinking and feeding conditions, and facilities where the hens are kept. It does not apply to establishments with fewer than 350 laying hens, nor to establishments rearing breeding laying hens. It only applies to hens of the species Gallus gallus which have reached laying maturity and are kept for production of eggs not intended for hatching. Administrative
European Union - Food Production - Regulations for Marketing Eggs Official Journal L 2/1 , 05/01/2001 No 5/2001 This European Union regulation amends No 1907/90 of the marketing standards for eggs by making it compulsory to indicate the farming method on eggs. Administrative
European Union - Research - Protection of Animals Official Journal L 358, 18 December 1986, pp. 1-28 COUNCIL DIRECTIVE (86/609/EEC) The aim pursued by this Directive is to ensure the provisions laid down by law, regulation or administrative provisions in the Member States for the protection of animals used for research avoid affecting the market. In this directive, an experiment not entailing the use of animals is preferred over one that does if that experiment can obtain the same result and is reasonably and practically available. Furthermore, each Member State shall ensure that experiments using animals considered as endangered under Appendix I of the Convention on International Trade in Endangered Species of Fauna and Flora and Annex C.I of Regulation (EEC) No. 3626/82 are prohibited unless they are in conformity with the above-mentioned Regulation and the objects of the experiment are research aimed at preservation of the species in question, or essential biomedical purposes where the species in question exceptionally proves to be the only one suitable for those purposes. Administrative
European Union Legislation on the Welfare of Farm Animals Peter Stevenson Compassion in World Farming

European Union (EU) law contains a range of helpful provisions designed to protect farm animals on-farm, during transport and at slaughter. The Treaty on the Functioning of the European Union recognises animals as “sentient beings” and requires the EU and its Member States, when formulating and implementing their policies in certain key areas to pay “full regard to the welfare requirements of animals”. EU law has prohibited some of the worst aspects of industrial livestock production: veal crates have been prohibited from 2007, barren battery cages for egg-laying hens from 2012 and sow stalls (gestation crates) are prohibited (except during the first four weeks of pregnancy) from 2013. This article describes and evaluates the above legislation and indicates the scientific research on which it is based. Nonetheless, EU law has to date only gone part way; substantial and far-reaching fresh legislation is needed before the EU can claim to have a body of law which properly ends the suffering inherent in industrial farming and legislates for a positive state of well-being for farm animals.

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Evading Extinction: A 21st Century Survey of the Legal Challenges to Wild Siberian Tiger Conservation Julie Santagelo 1 Journal of Animal Law 109 (2005)

The Amur tiger, like all tigers, is threatened by its high black market value as an ingredient in traditional Chinese medicine. In fact, the illegal wildlife generates up to ten billion United States dollars per year, trailing only the illegal narcotics and arms trade in annual revenue. The 1989 opening of the Russian-Chinese border exacerbated this illegal trade within the Russian Federation. The Amur tiger also suffers from a reduction of its prey base due to subsistence poaching of ungulate species and rampant logging. This reduction in wild prey has resulted in increased tiger-human conflicts such as livestock depredation, further reducing the locals’ incentive to protect tigers.

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Evans v. Craig 807 N.Y.S.2d 417 (2006) 25 A.D.3d 582, 807 N.Y.S.2d 417, 2006 N.Y. Slip Op. 00331 (2006)

A postal worker brought an action against dog owners to recover for injuries allegedly sustained when dog jumped on her while she was delivering mail to the owners' home. In affirming the denial of defendant’s motion for summary judgment, the court found that there factual issues as to whether the owners were aware of the potential danger from the dog and whether they took reasonable measures to prevent the dog from jumping on the plaintiff.

Case
Evelyn Alexander Wildlife Rescue Ctr. Inc. v. New York State Dep't of Envtl. Conservation Slip Copy, 2017 WL 4868956 (N.Y. Sup. Ct. Oct. 12, 2017) Petitioners, licensed wildlife rehabilitators with New York Wildlife Rehabilitation Licenses (WRL), challenged two statewide modifications to the WRL pertaining to white-tailed deer, which became effective in 2016. Petitioners contend these actions violated the state Administrative Procedures Act (SAPA). Additionally, they argue the modifications were irrational, arbitrary, capricious, and an abuse of discretion, and WRLs were improperly modified without a prior State Environmental Quality Review Act (SEQRA). The first modification limits the time white-tailed fawns can be held for rehabilitation to a period of only April 15 to September 15 (absent prior written approval). The second modification limits the maximum holding period for an adult white-tailed deer (before release or euthanization) to 48-hours. This court did not find either modification was arbitrary, capricious, or an abuse of discretion. In response to the challenges, the state, through a wildlife biologist, contends they are intended to prevent habituation and the spread of chronic wasting disease (CWD). The explanatory statements provided for the modifications support reasonable and rational interpretations of rehabilitation and do not violate the SAPA. The September 15th cut-off day for fawns was based on scientific research conducted by the state's "Big Game Team" that sought to address issues of disease as well as "a documented pattern of licensed wildlife rehabilitators in New York who have been reluctant to either euthanize or release white-tailed deer." As to the modification for adult deer, there was a rational basis since that time period allows the care of a temporarily stunned deer in need of a short rehabilitation period balanced against disease and habituation concerns. The court also found that the issuance of WRL is a ministerial action exemption from environmental review under SEQRA. The petitions in this consolidated action were denied in their entirety and the proceeding dismissed. Case
Every Dog Can Have Its Day: Extending Liability Beyond the Seller by Defining Pets as “Products” Under Products LIiability Theory Jason Parent 12 Animal L. 241 (2005)

Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animal’s propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering pets as products opens up new theories of liability for the plaintiff’s lawyer, offering a deeper base of defendants who are both morally and legally at fault. From the standpoint of a consumer advocate and with concern for both human and animal welfare, the author proposes employing products liability theory to the sale of domesticated animals. By making sellers of “defective” animals accountable for personal injury that these animals cause, the quality of the animals bred and sold will likely improve. Where it does not improve and injury results, the victim may have recourse beyond the confines of contract remedies. Products liability theory is a lawful and needed method for preventing future harm and providing for a healthier human and animal kingdom.

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Evolving Functions of Service and Therapy Animals and the Implications for Public Accommodation Access Rules John Ensminger and Frances Breitkopf Animal Legal & Historical Center

This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.

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