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Title Citation Alternate Citation Agency Citation Summary Type
Respecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife

Policy
State v. Branstetter 29 P.3d 1121 (Or. 2001) 332 Or. 389 (Or. 2001)

In a state prosecution for animal neglect, the trial court ordered forfeiture of the animals to a humane agency. An appeal by the owner of the animals was dismissed by the Court of Appeals for lack of jurisdiction. The Oregon Supreme Court reversed the lower courts and held that the statutes controlling appealable judgments allowed the animal owner to appeal the forfeiture of the animals.

Case
CA - Abandonment - § 597s. Abandonment of animals West's Ann. Cal. Penal Code § 597s CA PENAL § 597s This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. Statute
Moreland v. Marion County, Miss. 2008 WL 4551443 (S.D.Miss.)

Plaintiff brought action against Marion County (“County”) and several animal control officers (“Officers”) in their official capacities, after the Officers crossed county lines and confiscated several dogs that appeared severely dehydrated and malnourished, and euthanized at least one dog.   On Defendants’ motion for summary judgment, the United States District Court, S.D. Mississippi, Hattiesburg Division held that since there was no evidence to indicate that Defendants’ actions were anything more than negligence not rising to the level of reckless disregard, Plaintiff’s state law claims against Defendants should be dismissed.   The Court dismissed Plaintiff’s § 1983 claim, finding that the record did not support a finding of a pattern of inadequate training rising to the level of deliberate indifference to known or obvious consequence, and that the Officers’ actions could not be found to be a known or obvious result of the County’s training.   The Court dismissed Plaintiff’s claim with prejudice.  

Case
MO - Ecoterrorism - Chapter 578. Miscellaneous Offenses. Animal Research and Production Facilities V. A. M. S. 578.405 - 578.412 MO ST 578.405 - 578.412 This chapter comprises "The Animal Research and Production Facilities Protection Act." The act prohibits anyone from releasing, stealing, or otherwise intentionally causing the death, injury, or loss of any animal at or from an animal facility. It also prohibits any person from damaging, vandalizing, or stealing any property in or on an animal facility, or obtaining access to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility. Generally, violation is a misdemeanor if the loss is less than $300 and a felony if it exceeds that amount. Any person who has been damaged by a violation of section 578.407 may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. Statute
WA - Trade - 77.15.260. Unlawful trafficking in fish, shellfish, or wildlife--Penalty West's RCWA 77.15.260 WA ST 77.15.260 This Washington statute pertains to unlawful trafficking in fish, shellfish, and wildlife. A person is guilty of unlawful trafficking in the second degree if s/he traffics in such animals with a wholesale value of less than $250 and the animals are unclassified or classified as game, food fish, shellfish, game fish, or protected wildlife. Unlawful trafficking in the first degree occurs when the animals have a value of $250 or more or the animals are classified as endangered or deleterious exotic wildlife. Statute
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
PA - Pet Sales - § 201-9.3. Dog purchaser protection 73 P.S. § 201-9.3 PA ST 73 P.S. § 201-9.3 This Pennsylvania statute comprises the state's Dog Purchaser Protection law. The law mandates disclosure of a dog's health history by a seller (defined as pet shop operator or other individual who sells dogs to the public and who owns or operates a kennel or pet shop licensed by the Pennsylvania Department of Agriculture or the United States Department of Agriculture). If, within ten days after the date of purchase, a dog purchased from a seller is determined, through physical examination, diagnostic tests or necropsy by a veterinarian, to be clinically ill or dies from any contagious or infectious illness or any parasitic illness which renders it unfit for purchase or results in its death, the purchaser may exercise one of the described statutory elections. Statute
TN - Dog, dangerous, felon - § 39-17-1363. Violent felony conviction; custody or control of dogs; application T. C. A. § 39-17-1363 TN ST § 39-17-1363 Under this Tennessee law, it is an offense for any person convicted of a violent felony to knowingly own, possess, have custody or control of a potentially vicious dog or a vicious dog for a period of ten years after such person has been released from custody following completion of sentence. Additionally, it is an offense for any convicted violent felon to own or have custody of a dog that is not microchipped or spayed/neutered. This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010. Statute
US - Chimpanzees - Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List All Chimpanzees (Pan trog 2011 WL 3840975 (F.R.) Docket No. FWS-R9-ES-2010-0086; MO 92210-1111F113 B6

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees (Pan troglodytes) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing all chimpanzees as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the entire species as endangered is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

Administrative

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